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Imp. Proj. #657
s � � a Om ... Public Works B': Guy Johnson .. - .. Agenda Section Development & Plannin RESOLUTION AWARDING CONTRACT FOR RECONSTUCTION OF THE 42 AVENUE RETAINING WALL. (IMPROVEMENT PROJECT NO. 657) REQUESTED ACTION Staff requests approval of a resolution awarding the contract for the reconstruction of the 42n Avenue retaining wall to Jay Brothers, Inc., in the amount of $258,675.00. BACKGROUND In February of last year, the City Council authorized the City Engineer to work with Hennepin County staff members in preparing plans and specifications for the replacement of an existing modular block retaining wall on 42n Avenue between Oregon and Quebec Avenues, with a cast -in -place retaining wall. The retaining wall is necessary to provide an acceptable roadway width and protect the existing abutting uses. The existing modular wall was constructed in 1988 and has deteriorated greatly over the last few years. The retaining wall is no longer structurally sound. The Council approved a Cooperative Agreement with Hennepin County for this project at the March 22, 1999, Council meeting. That agreement stated that the County would limit its participation to 50% of the cost for a modular block wall, or a financial contribution towards a cast -in -place wall that would not exceed $70,000. This project was bid in June of last year. At that time, the City Council elected to reject the low bid of $271,549.00 feeling that more competitive bids could be received later in the year. The project was re -bid on December 8, 1999. The City has received easement from the property owner at 7401 42n Avenue. The property owner at 4124 Quebec Avenue has verbally agreed to grant the easement. s s.. K - 03 •s � I:RFA \Pubworks \657 Retaining Wall Plans Contract Approval 1 -10 -00 Request for Action Awarding Contract for Retaining Wall Reconstruction (IMP 657) January 10, 2000 FUNDING The proposed funding for this project is with the Road & Bridge Fund and Hennepin County's $70,000 contribution. ATTACHMENTS Attached, please find the engineers recommendation, a letter documenting the verbal easement agreement, and the resolution. RESOLUTION NO 2000- 16 11 FOR RECONSTRUCnON OF EUPROVEMENT NO. 657 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the reconstruction of the 42 ❑d Avenue retaining wall between Oregon Avenue North and Quebec Avenue North, Improvement No. 657, were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 3:00 o'clock p.m. on the 8 day of December, 1999, 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 10 day of November, 1999, and in The Construction Bulletin on the 12 and 19' days of November, 1999. 3. It is hereby found and determined by this Council that the bid of Jay Brothers, Inc. for the construction of said project in the amount of $ 258,675.00 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, 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 then authorized and directed to enter into an improvement contract for the construction of Improvement Project 657 in the name of the 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 10 day of January, 2000. W. Peter Enck, Mayor Attest: r Valerie Leone, City Clerk Bonestroo, Rosene, Ander;ik and Associates, Inc. is an Affirmtativc Action /Equal Opportunity Employer Princip fls: Otto G. Bonestroo, P.E. • Joseph C. Anderlik, RE. • Marvin L. Sorwila, P.E. Glenn R. Cook, RE. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. Robert W. Rosene, RE., Richard E. Turner, RE. and Susan M. Eberlin. C.P.A.. Senior Consultants Associate Principals. Howard A. Sanford, P.E. • Keith A. Gordon, P.E.. Robert R. Pfefferle, RE. Richard W. Foster, RE. • David O. Loskota, P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. Michael T. Rautmann, P.E. • Ted K.Field, P.E. • Kenneth P. Anderson, RE. • Mark R. Rolfs, RE. Sidney R Williamson, RE., L.S. • Robert F. Kotsmith • Agnes M. Ring • Allan Rick Schmidt, P.E. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Website: www.bonestroo.com January 4, 2000 Mr. Guy Johnson Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 42 Avenue North - Retaining Wall Replacement City Project No. 657 BRAA File No. 34 -99 -104 Dear Guy: Bids for the project were opened on December 8, 1999. Six bids were received for the project. Jay Brothers, Inc. submitted the low bid in the amount of $258,675.00. The three low bidders for the project were: Contractor Bid Amount Jay Brothers, Inc. $258,675.00 EAI Environmental Associates 285,104.00 Park Construction Company 359,360.00 Engineer's Estimate $241,285.00 In discussing the project with Jay Brothers, it appears the engineer's estimate was low in estimating the excavating /sheeting costs associated with the wall construction. It should be noted this same project was bid June 23, 1999 when the low bid was $271,549.00. The City Council elected to reject the bids since only two other bids were received and it was felt more competitive bids would be received at a later date. Although the low bid at this time is not significantly lower than the previous low bid, its not felt better bids would be received unless the scope of work was to change. We have worked with Jay Brothers on several other projects in the past, both in and out of New Hope. They are more than capable of doing a good job for this project. I: \34 \3499104\ word \correspondence \gj ohnsonitr 1 -3 -00 2335 West Highway 36 a St. Paul, MN 55113 x 651-636 -4600 ■ Fax: 651 -636 -1311 Mr. Guy Johnson City of New Hope Page 2 January 4, 2000 The City has received easement from the property owner at 7401 Quebec Avenue. The property owner at 4124 Quebec Avenue (Timberland Partners) has verbally agreed to grant the easement based on the attached correspondence and an acquisition fee of $467.20. Based on the condition of the existing wall, we recommend that the City of New Hope award the project to Jay Brothers in the amount of $258,675.00. Please call me at (651) 604 -4895 with any questions you may have on this recommendation. Sincerely, BONESTROO, R SENE, ANDERLIK & ASSOCIATES, INC. �'M erry D. Pertzsch JDP /crw Attachment cc: MAH - Bonestroo Rosene Anderlik I: \34 \3499104 \word \correspondence \gj ohnsonitr 1 -3 -00 Aor espoo, RoSerW AnderitR anQ ASSoclarri. MIS ar► ItftFnnRt/YF A[ dor3/Egrtdl Opporrunl[y E!))(tlOjrEY Pnnnpais: Otto r. aonrstruu, P.E - Joseph C Anderi k P.E. - Marvin L. Soryhla. P.F. . 61cm R. Cook. Pr-- - Robert CL Scht"cht. P.E ..terry A. Bourdon. PF., - Robcrt W. Ro.cm. PX-_ Richard E Yorner, FE_ aW Susan M- Ehcrtkr. CAPI, Serdur Cansu2ants Assoctatr Prjr ipyU. Hn--d A. Santora F.E. - KeRh A. Gordon. P,t • Robr" R. Pfefrertc, P.C. Richard W Fo ;ter. PSb • 0"W O. Loskora, PZ - Robert C. RLiTsrtk. Ad -A• • Mmk A tinnsurr, PE, Michaof T R.Ivtm+ . P.E. - Ted K.Fleld, PE . Kenneth P. Arderwm P.C. « Mark R. Roltt, P.E - tidnry P WllRmnson, PP, L.S. - Robert F KoUrnIth - Apr)ci M. Ring - ARsn Rkk Sdvr idt, P.C. Pt( Ices St. Pad. Rachester, VIWRW antl SL Cloud, MN - MRwaukc' :- Wi Webstte. wwwboncstmo-coM December 30, 1999 Mr, Terry Cook TIMBERLAND PAR'T'NERS 7400 Metro Blvd., Suite 270 Edina, MN 55439 Re: Retaining Wall Easement - 4124 Quebec Avenue City Project No. 547 BRA File No. 34-99-104 Dear Terry: Per our phone conversailon, we appreciate you agreeing to grant the easement for the retaining wall construction based on the conditions stated in our letter dated December 30 1449. . The New Hope City Attorney's office will prepare the revised documents in accordance with our memo and transmit it to you early next week (the week of January 3, 2000). Compensation will be based on $0.80 /s.f. for 584 square feet. ($467.20) If you have any questions, please contact Tom Schuster (612 - 5334823, ext. 13) or my%elf (651- 604 - 4838). Very truly yours, ,BtONESTROCf, ROS , ANDERLIK & ASSOCIATES, INC. Mar A. Hanson, P. - MAHlcrw cc: Daniel Donahue, (Jay Johnson, Tom Schuster JDP, DDB, RTF - $onestroo 2335 west Hi;hwa v 36 St. Paul, MN 551131 , 651-636 - 4600 ■ Fax: 651- 636•-1311 Tin _ . .., , ....� Valerie Leone 42nd Ave North Retaining Wall Replacement, Project No. 657 Page 1 �.. ., From: "Malecha, Martin" <mpm @jsspa.com> To: "Guy Johnson (E- mail)" <gjohnson @ci.new- hope.mn.us >, "Hanson Mark (E- mail)" <mhanson @bonestroo.com >, "Leone Valerie (E- mail)" <vleone @ ci.new- hope.mn.us >, "Schuster Tom (E- mail)" <tchuster @ci.new- hope.mn.us >, "Sondrall, Steven" <sas @jsspa.com> Date: 2121100 5:19PM Subject: 42nd Ave North Retaining Wall Replacement, Project No. 657 The Contracts, Bonds, and Insurance for Jay Brothers, Inc. for the above - referenced project are in order from a legal standpoint. Our office has no objection to the contractor commencing work under the contract. Please contact me if you have any questions. Thank you. Martin P. Malecha D• P.A. 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 }Qualified ADR Neutral Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1999 TELEPHONE (612) 424 -8811 • TELEBAx (612) 493 -5193 E -MAIL jss @jsspa.com February 23, 2000 Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: 42n Avenue Retaining Wall Replacement City Project No. 657 Our File No. 99.11228 Dear Valerie: Enclosed please find five copies of the contract and bonds for the above - referenced project, as well as the originals of both insurance certificates. All are in order from a legal standpoint. Be sure to call me if you have any questions. Sincerely, Martin P. Malecha Assistant City Attorney cc: Daniel J. Donahue, City Manager Kirk McDonald, Director of Community Development Guy Johnson, Director of Public Works Tom Schuster, Contract Manager Mark Hanson, City Engineer Steven A. Sondrall, City Attorney 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 www.ci.new-hope.mn.us February 29, 2000 Jay Brothers, Inc. 9218 Lake Drive NE Forest Lake, MN 55025 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TDD: 612-531-5109 City Hall Fax: 612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 SUBJECT: 42 ND AVENUE RETAINING WALL (IMPROVEMENT PROJECT NO. 657) Enclosed are two fully executed copies of the contract documents for New Hope Project No. 657. 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 January 10, 2000, for $258,675. 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: Mark Hanson, City Engineer Steve Sondrall, City Attorney Guy Johnson, Director of Public Works Tom Schuster, Contract Manager Family Styled City ",�n For Family Living COUNCIL I:RFA \P &R \Goifcrs \R= change order #1 TSP.doc REQUEST FOR ACTION 2�w H 0 Originating Department Approved for Agenda Agenda Section Parks & Recreation February 26, 2001 Consent Item No. By: Shari French By: 6.5 RESOLUTION APPROVING CHANGE ORDE #1 WITH TSP ONE, INC. FOR IMPROVEMENT PROJECT NO. 656 (GOLF COURSE CLUBHOUSE PROJECT) - $9,800.00 REQUESTED ACTION Staff and E &V, owner's representative on the Golf Course Clubhouse project, are recommending that the City Council approve change order #1 to the contract with the architects, TSP One, Inc. The total for this change order is $9,800.00. BACKGROUND The original bid from TSP One, Inc. for this project was $46,000 plus reimbursable expenses. This was to cover an assumed construction cost of $500,000 and total project cost of $600,000. Council approved TSP's contract to provide architectural services on January 10, 2000. The construction base bid awarded June 26, 2000 to the Builders, Inc. totaled $508,000. Alternates awarded at that same meeting to the Builders, Inc. brought the construction costs to $589,750. The contract with TSP One, Inc. stated that "If, in the planning of the project, the estimated construction costs if found to vary from this amount, we would ask that our lump sum fee be adjusted accordingly." The original contractual sum for the architects, TSP One, Inc. plus this change order now totals $55,800.00. FUNDING Funding for this project is to be primarily through a revenue bond to be paid back over twenty years from Golf Course earnings. The budget presented to Council on June 26, 2000 included a contingency of $25,156. Change order #1 for the general contractor approved in January of 2001 took that contingency down to $9,247.00. The golf course operating budget for 2001 will cover the $553.00 remaining assuming this change order for $9,800 is approved. ATTACHMENTS A letter from E &V explaining and justifying the change order is attached. Also attached are letters from TSP One, Inc. further explaining the increase. MOTION BY (`�t't�1t SECOND BY TO: 601- eJ I:RFA \P &R \Goifcrs \R= change order #1 TSP.doc CITY OF NEW HOPE RESOLUTION NO. 01 - 45 RESOLUTION APPROVING CHANGE ORDER #1 WITH TSP ONE, INC. FOR IMPROVEMENT PROJECT NO. 656 (GOLF COURSE CLUBHOUSE PROJECT) - $9,800.00 WHEREAS, the City of New Hope authorized on January 10, 2000, a contract with an architect, TSP One, Inc. for Improvement Project No. 656, (Golf Course Clubhouse Project) for the contractual sum of $46,000.00; and WHEREAS, after the contract was awarded the size of the project grew in dollar value and scope and so additional work was performed by the architects; and WHEREAS, Change order #1 for this work totals $9,800.00, which brings the total contractual sum to $55,800.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope approves change order no. 1 to the contract with TSP One, Inc., as part of Improvement Project No. 656 (Golf Course Clubhouse Project). Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 26` day of February 2001. Mayor Attest: City Clerk I:RFA \P &R \Golfcrs \R= change order #1 TSP.doc 5801 Duluth Street Suite 345 Minneapolis, MN 55422 Phone: (612) 545 -1355 Fax: (612) 545 -1346 February 19, 2001 Shari French City of New Hope 4401 Xylon Ave N New Hope, MN 55428 RE: New Hope Village Golf Course Clubhouse City Improvement No. 656 TSP One, Inc. Additional Services Dear Shari: TSP One, Inc. has requested an additional fee in the amount of $9,800 for the New Hope Village Golf Course Clubhouse project. I have reviewed the request based on the following information: • TSP One's letter dated December 15, 1999 states a lump sum of $46,000 plus reimbursable expenses for an assumed construction costs of $500,000 and project costs of $600,000. It also states "If, in the planning of the project, the estimated construction cost is found to vary from this amount,we would ask that our lump sum fee be adjusted accordingly." • Throughout the design phase the project budget went from $726,852 to $595,969. The design initially included the roof at the picnic shelter, grills and trash enclosure. The City elected to bid the project with the picnic shelter, grills and trash enclosure as an add alternate to maintain the project budget of $600,000. • Bids received on June 15, 2000 produced a base bid of $508,000. The base bid included raising the building elevation. The City elected to accept the alternates of the picnic roof for $57,400; gas grills for $1,350; and trash enclosure for $23,000. • TSP One's lump sum fee was based on a construction budget (including construction contingency) of $500,000. • TSP One is requesting their contract to be adjusted to $55,800 for an increase of $9,800 based on construction costs of $606,943. The base bid, picnic shelter, gas grilles, trash enclosure and construction contingency total $606,943. • TSP One's letter dated January 16, 2001 disclosed TSP One's actual costs through January 12, 2001 are $77,655. Their actual costs are $21,855 higher then the requested adjustment. TSP's portion is $59,289.88 and the consultant's portion is $18,365.21 for a total of $77,655. TSP indicates they have spent a total of 1,252.50 hours. This equates to an average of $47.34 per hour. • TSP One's letter dated February 16, 2001 provides the City with an explanation between labor cost and OH (161 %). City of New Hope February 19, 2001 Page 2 of 2 After reviewing the initial letter and award of contract to TSP, the design estimates, and supporting documentation from TSP as to costs incurred through January 12, 2001, we recommend the City of New Hope adjust TSP One, Inc.'s contract to $55,800. If you have any questions, please contact me. Very truly yours, E &V CONSULTANTS AND CONSTRUCTION MANAGERS Cheryl Badmger � Project Manager CLB Enclosures cc: Bert Haglund, TSP One, Inc. 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 www.ci.new-hope.mn.us March 5, 2001 Mr. Bert Haglund TSP One, Inc. 21 Water Street Excelsior, MN 55331 Dear Mr. Haglund: 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 golf course clubhouse project (Improvement Project No. 656). This was approved by the New Hope City Council at its meeting of February 26, 2001. The $9,800 change order increases the services fee to $55,800. Sincerely, ,� - - 4 � Valerie Leone, CMC City Clerk Enc. cc: Cheryl Badinger, E &V Consultants Shari French, Director of Parks & Recreation Family Styled City , il-fl For Family Living 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: January 4, 2000 BETWEEN: City of New Hope and: TSP One, Inc. for the Project: (Insert Project name and address as it appears in the Agreement) New Hope Village Golf Course Clubhouse 8130 Base Lake Road New Hope, NIN 55428 [ X] authorization is (r-e"ested) (given) (strike one) ,I.4 [ ] notification is made [ ] to proceed with Additional Services [ X] to proceed with revised scope of Basic Services [ ] to incur Reimbursable Expenses [ ] of the need to proceed with Contingent Additional services [ ] of the need for other services AS FOLLOWS: Insert A: See attac letters dated Octobe 111 Janu ary . 2001 .nd -• • i/ 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 $46,000.00 Fee Adjustment $ 9,800.00 New Basic Services Fee $55,800.00 Time: 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 -- 2/27/2001. AIA License Number 101129, which expires on 12/7/2001 -- Page #1 (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 NOTIFIAPATION IS ACKNOWLEDGED BY: (Signature) " Bertil E. Haglund, AIA Vice President (Signature) ,,)) p (Printed name and title) tt ! ^ �, to t G ki CJ (Date) February 27, 200 (Printed name and title) -�-I -01 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 -- 2/27/2001. AIA License Number 101129, which expires on 12/7/2001 -- Page #2 October 24, 2000 TSP One, Inc. 21 Water Street Cheryl Badinger Excelsior, MN 55331 E & V Consultants and Construction Managers phone (612) 474 -3291 5 801 Duluth Street fax (612) 474 -3928 Suite 345 Minneapolis, Minnesota 55422 Architecture Re: New Hope Village Golf Course Clubhouse TSP Pit #99732 Engineering Interior Design Dear Cheryl, Offices in Minneapolis On July 14th and July 16th I submitted letters regarding fees for additional and Rochester, MN services. Shortly thereafter, we met with you and Shari French to review our request. You asked that TSP prepare a letter to explain our rationale for additional services. Also, Bonestroo & Associates had already billed the City directly for work that should have been covered under TSP's fee. This letter is intended to clarify our rationale and to reconcile the amount already paid by the City to Bonestroo & Associates. TSP entered into a contract with the City to design a clubhouse, including a picnic canopy, for a construction budget of $500,000. Throughout the design we worked closely with the facilities committee and followed their direction. During the schematic design phase, we presented a design that was over budget. The project design could have been simplified at that time, but the committee liked many of its features (e.g. hip roof form, masonry base, fireplace, and vaulted ceiling). Rather than simplify the design, they decided to eliminate the picnic canopy from the base project in order to stay on budget. These features involved not only additional construction cost, but also more work on our part to incorporate them into the project. The picnic canopy was thereafter considered as something the City could do in the future. AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Marshalltown, IA Rapid City, SD Sioux Fails, SD Sheridan, WY During the construction documents phase, the committee decided to bid the picnic canopy as an alternate, along with the gas grilles, trash enclosure, and raising the building. In this way, the construction costs for these items could be identified and presented to the City Council. It would then be the Council's decision whether or not to provide additional funding to pay for them. Prior to bidding, the City Council authorized additional funding for the sitework to raise the building. This work was then included in the base bid. An Equal Opportunity, Affirmative Action Employer Cheryl Badinger October 24, 2000 Page 2 The base bid for the project was $508,000, which included an estimated $25,193 to raise the building. Since this amount fell within TSP's estimate, the project was on budget, and the City Council accepted the bid. The Council also approved additional funding for the alternates. The amounts shown for the alternates are not estimated costs, but actual bid amounts. It should also be noted that no contingencies have been included in the costs. 1. Raising the Building (estimate) ..................... ........................ $25,193 2. Alternate #1 - Canopy over the Picnic Area ........................... $57,400 3. Alternate #2 - Gas Grilles ............................... .........................$1,350 4. Alternate #5 - Trash Enclosure ............... ............................... $23,000 Total Additional Construction Cost .................$106,943 Had the construction budget been understood to be $606,943 originally, TSP's fee (9.2 %) would have been $55,800 instead of $46,000 - -- an increase of $9,800. TSP is requesting additional fees in order to be compensated for the work associated with raising the building and the alternates, which exceeded the scope envisioned by our contract. Bonestroo & Associates has invoiced $5,782.71 directly to the City for their involvement in the items shown above. Since the work performed by Bonestroo was actually part of our contract, TSP will credit this amount against our fee. Please have the City prepare an amendment to our contract to increase our fee in the amount of $9,800. TSP will, in turn, credit the City $5,782.71 in our future billing. If you have any questions, please give me a call. TSP ONE, INC. Bertil E. Haglund, Al Architect/Principal BH:bh cc: Shari French, Director of Parks & Recreation January 16, 2001 TSP One, Inc. 21 Water Street Excelsior, MN 55331 Cheryl Badinger E & V Consultants and Construction Managers phone (952) 474 -3291 5801 Duluth Street fax (952) 474 -3928 Suite 345 www.teamtsp.com Minneapolis, Minnesota 55422 Re: New Hope Village Golf Course Clubhouse JAN 18 20 0 ,1 1 TSP Pjt #99732 Architecture Engineering Dear Cheryl, Interior Design As part of considering TSP's request for additional fees, you have asked Offices In Minneapolis that we provide a breakdown of TSP's hours and costs on the project. and Rochester, MN Enclosed please find a summary by project phase of personnel, hours, and costs along with consultant fees through January 12, 2001. TSP has requested that our fee be increased from $46,000 to $55,800. This is based on the percentage fee of 9.2% that we had negotiated with the City at the inception of the project. As you can see from the enclosed summary, this falls short of the actual cost of $77,655 that has been incurred. We have requested that our fee be increased, not in order to recover all of our costs, but to be fairly compensated for the additional project scope. If you have any questions, please give me a call. TSP ONE, INC. Berth E. Haglund,, - , A Architect /Principal AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Fort Collins, CO Marshalltown, IA Rapid City, SD Sioux Falls, SD Sheridan, WY An Equal Opportunity, Affirmative Action Employer BH:bh cc: Shari French, Director of Parks & Recreation New Hope Golf Course Clubhouse Staff Time and Cost Report 12- Jan -01 Phase Department Name Hours Labor Cost OH (161 %) Total Gast SD A Mark Thiede 103.00 Jodelle Keim 93.00 E Charles Bodmer 0.50 M Melvin Smestad 6.50 S Stephanie Atkinson 25.50 Subtotal 228.50 $ 3,632.67 $ 5,848.60 $ 9,481.27 DD A Mark Thiede 23.50 Jodelle Kelm 139.00 M Ben Skustad 1.00 Curt Heeren 5.00 Melvin Smestad 4.50 S Bryce Wentworth Subtotal 11.00 184.00 $ 2,943.08 $ 4,738.36 $ 7,681.44 CD A Mark Thiede 120.00 Jodelle Keim 96.75 E an Rice 129.00 Charles Bodmer 5.00 M Ben Skustad 4.50 Curt Heeren 26.00 David Heiberg 10.00 Karl Dirksen 2.00 Melvin Smestad 44.00 S Bryce Wentworth 70.00 Stephanie Atkinson Subtotal 0.50 507.75 $ 10,111.37 $ 16,279.31 $ 26,390.68 BN A Mark Thiede 19.50 Jodelle Kelm 9.75 M iMelvin Smestad 1.50 Subtotal 30.75 $ 574.40 $ 924.78 $ 1,499.18 CA A Mark Thiede 86.50 Jodelle Kelm 169.00 E Brian Rice 5.00 Charles Bodmer 6.00 M Cunt. Heeren 1.50 Melvin Smestad 18.50 S Bryce Wentworth Subtotal 15.00 301.50 $ 5,454.91 $ 8,782.41 $ 14,237.32 Bonestroo & Associates Ernst & Associates Rippe & Associates Total $ 5,782.71 $ 8,491.25 $ 4,091.25 $ 77,655.09 A r 10 0 r 5 3 0�l n 41 /lleti: TSP One, Inc. 21 Water Street Excelsior, MN 55331 February 16, 2001 Cheryl Badinger E & V Consultants and Construction Managers 5801 Duluth Street Suite 345 Minneapolis, Minnesota 55422 phone (952) 474 -3291 Re: New Hope Village Golf Course Clubhouse TSP Pjt #99732 fax (952) 474 -3928 www,teamtsp.com Dear Cheryl, As part of considering TSP's request for additional fees, you have asked Architecture that we provide an explanation of what is included in the labor cost and Engineering Interior Design the overhead expenses. The labor cost, often referred to as direct salaries, is the amount paid to offices in Minneapolis employees for time spent working on projects. For instance, if an and Rochester, MN employee spends 30 hours a week on projects and 10 hours on non - project matters, the labor cost is 3/4 of the person's salary. The non - project time is part of the overhead, and is referred to as indirect salaries. Overhead expenses include all of the other costs that the firm has to cover to operate the business, such as: • Indirect Salaries: non - project time, vacation, holidays, administrative staff, marketing staff • Payroll Taxes • State and Federal Taxes • Real Estate Taxes • 401(k) Contributions • Employee Benefits: health insurance, dental insurance, life insurance, continuing education • Rent • Utilities • Custodial • Insurance: professional liability, general liability, automobile, building • Automobile Operation and Maintenance • Office Equipment: telephones, computers, copy machines, plotters ■ Equipment Depreciation ■ Office Supplies ■ Postage • Licensing and Dues • Marketing Expenses ■ Legal and Accounting Consultants AFFILIATED OFFICES If you have any further questions, please give me a call. Minneapolis, MN Rochester, MN TSP ONE, INC. Denver, CO Fort Collins, CO Marshalltown, IA Rapid City, SO Sioux Falls, So Bertil E. Haglund, Al Sheridan, wv Architect /Principal BH:bh An Equal Opportunity, cc: Shari French, Director of Parks & Recreation Affirmative Action Employer COUNCIL Y O� Originating Department Public Works Guv Johnson IA Approved for Agenda Agenda Section December 10, 2001 Consent Ite RESOLUTION APPR(ANG CHANGE ORDER NO.1 TO THE CONTRACT WITH JAY BROTHERS, INC. FOR THE 42 AVENUE RETAINING WALL PROJECT (IMPROVEMENT PROJECT 657) REQUESTED ACTION Staff is recommending that Council approve Change Order No. 1 for the 42 Avenue Retaining Wall Project, in the amount of $1,852.00, with Jay Brothers, Inc. BACKGROUND In February of 1999, the City Council authorized the City Engineer to work with Hennepin County staff members in preparing plans and specifications for the replacement of an existing modular block retaining wall on 42" d Avenue between Oregon and Quebec Avenues, with a cast -in -place retaining wall. The retaining wall is necessary to provide an acceptable roadway width and protect the existing abutting uses. The existing modular wall was constructed in 1988 and had deteriorated greatly over the last few years. The retaining wall was no longer structurally sound. The Council approved a Cooperative Agreement with Hennepin County for this project at the March 22, 1999, Council meeting. That agreement stated that the County would participate by providing personnel for inspections and a maximum financial contribution of $70,000 towards a cast -in -place wall. This project was first bid in June of 1999. At that time, the City Council elected to reject the low bid of $271,549.00 feeling that more competitive bids could be received later in the year. The project was re -bid on December 8, 1999. City Council awarded the bid to Jay Brothers, Inc. for $258,675.00 on January 10, 2000. The line items in the Changer Order are: $9,000.00 Epoxy coated steel reinforcing material Extending signal light interconnect $500.00 Repair of sanitary sewer service $985.00 ($3,633.00) Aesthetics of sidewalk surfaces ($5,000-00) Liquidated Damages $1,852.00 Total Change Order MOTION BY TO: SECOND BY Order Request for Action Change Order for Project No. 657 December 10, 2001 Page 2 After the project was let, the Hennepin County engineering department requested the steel reinforcing material be epoxy coated. This required the contractor to reorder their material at an additional cost of $9,000.00 and also delayed the start of the project. After the excavation for the new wall began, it was determined that the electrical wiring for the signal light interconnect system would have to be extended from Oregon Avenue to Nevada Avenue at a cost of $500.00. Also during excavation, a sanitary sewer service was damaged because of incorrect information on a City's as -built map. The resulting repair cost was $985.00. At the recommendation of staff and the City's Engineer, $3,633.00 (30% of sidewalk contract amount) was deducted from the contract for some spalling /pitting on some of the sidewalk panel's surfaces. Even though the sidewalk is structurally sound, it was felt that the City should receive credit for the aesthetics of some of the panels. The contractor was also charged $5,000.00 liquidated damages due to delays in completing the project in a timely manner. The resulting Change Order is in the amount of $1,852.00. Funding for this project was from the City's Road & Bridge Fund and Hennepin County's $70,000 contribution. ATTACHMENTS Copies of Change Order No. 1, a memorandum from the City Engineer, and the resolution are attached. CITY OF NEW HOPE RESOLUTION NO. 01- 148 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH JAY BROTHERS, INC. FOR THE 42 AVENUE RETAINING WALL PROJECT. (IMPROVEMENT PROJECT 657) WHEREAS, the City has entered into a contract with Jay Brothers, Inc. for the removal and replacement of the existing retaining wall on 42 Avenue North between Oregon Avenue and Quebec Avenue; and, WHEREAS, during the course of construction, corrections and additions have been made to the approved plans and specifications; and, WHEREAS, the City has received a cost proposal from Jay Brothers, Inc. to modify the terms of the contract to address these changes; and, WHEREAS, during the course of construction, the aesthetics of a portion of sidewalk and delays in completing the project were not acceptable; and, WHEREAS, the City has received credit estimates from the City Engineer to modify the terms of the contract to address these issues. 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 to the contract with Jay Brothers, Inc., in the amount of $1,852.00. 2. That the City Manager is authorized to sign Change Order No. 1 to the contract with Jay Brothers, Inc. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 10 day of December, 2001. I -C Attest: City Clerk Mayor I:Rfa1657 Change Order Resolution Project Name: 42nd Avenue North Retaining Client: New Hope Wall Replacement City Project No. 657 File No: 34 -99 -104 To: Guy Johnson - New Hope Date: 12/4/2001 From: Jerry Pertzsch Re: Project Closeout Bonestroo ® Rosene Anderlik & Associates Engineers & Architects Remarks: In my meeting with Mark Jay on November 13, 2001, Mark agreed for Jay Brothers to pay $5,000 in liquidated damages. He also agreed to a credit of $3,633 to the City for the aesthetics of the sidewalk surface. With these proposed credits, the change order and final paymet to Jay Brothers is described below. Change Order No. 1 The change order for the project would include both additional work performed by Jay Brothers, Inc. and credits from Jay Brothers. Additional work performed by Jay Brothers includes changing to reinforcement in the front face of the wall to epoxy coated reinforcing steel, extending the signal interconnect wire to Nevada Avenue instead of Oregon Avenue and repairing an unknown sewer service. Credits from Jay Brothers are mentioned above. Description Amount Epoxy coated reinforcing steel $9,000.00 Extend signal interconnect wire to Nevada Avenue instead of Oregon Avenue 500.00 Repair sewer service and sleeve thru wall 985.00 Liquidated damages (5,000.00) Credit for sidewalk (3,633.00) Total Change Order $1,852.00 Bonestroo, Rosene, Anderlik and Associates, Inc. ❑ St. Paul Office: ❑ Milwaukee Office: ❑ Rochester Office: 2335 West Highway 36 1516 West Mequon Road 2222 Hwy 52 North St. Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55901 Phone: 651-636-4600 Phone: 414-241-4466 Phone: 507-282-2100 Fax: 651-636-1311 Fax: 414-241-4901 Fax: 507-282-3100 ❑ Willmar Office: 205 5th Street SW Willmar, MN 56201 Phone: 320 - 214 -9557 Fax: 320 - 214 -9458 ❑ St. Cloud Office: 2008 8th St. North St. Cloud, MN 56303 Phone: 320- 251 -4553 Fax: 320 - 251 -6252 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 www.ci.new- hope.mn.us December 13, 2001 Jay Brothers Inc. 9218 Lake Drive NE Forest Lake, MN 55025 Subject: Change Order No. 1 — Project No. 657 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 42 Avenue Retaining Wall Project. This change order amount was $1,852. The change order and final payment were approved by the New Hope City Council at its meeting of December 10, 2001. If you haven't yet done so, please process the Withholding Affidavit for Contractors form (IC -134 form). The City cannot release final payment until we receive the certified IC -134 form. Thank you. Sincerely, Valerie Leone, CMC City Clerk Enc — blank IC -134 form cc: Guy Johnson, Public Works Director Vince VanderTop, BRAA Family Styled City A�,�(`�� Y For Family Living COUNCIL 1: RfaTubworkskWRnal REQUEST FOR ACTION OQ ki Originating Department Approved for Agenda Agenda Section Public Works December 10, 2001 Consent Item No. By: Guy Johnson By: 6.10 MOTION TO ACCEPT THE 42 NUE RETAINING WALL IMPROVEMENT PROJECT AND TO AUTHORIZE FINAL PAYMENT F $28,401.41 TO JAY BROTHERS, INC. (PROJECT NO. 657) REQUESTED ACTION Staff recommends that Council approve a motion accepting the 42 Avenue Retaining Wall Improvement Project and authorize the final payment of $29,201.41 to Jay Brothers, Inc. BACKGROUND In February of 1999, the City Council authorized the City Engineer to work with Hennepin County staff members in preparing plans and specifications for the replacement of an existing modular block retaining wall on 42n' Avenue, between Oregon and Quebec Avenues, with a cast-in-place retaining wall. The retaining wall is necessary to provide an acceptable roadway width and protect the existing abutting uses. The existing modular wall was constructed in 1988 and had deteriorated greatly over the last few years. The retaining wall was no longer structurally sound. The Council approved a Cooperative Agreement with Hennepin County for this project at the March 22, 1999, Council meeting. That agreement stated that the County would participate by providing personnel for inspections and a maximum financial contribution of $70,000 towards a cast-in-place wall. This project was first bid in June of 1999. At that time, the City Council elected to reject the low bid of $271,549.00 feeling that more competitive bids could be received later in the year. The project was re-bid on December 8, 1999. City Council awarded the bid to Jay Brothers, Inc. January 10, 2000. FUNDING Jay Brothers original bid for construction of the project was $258,675.00. One change order became necessary in the amount of $1,852.00 for a revised contract amount of $260,527.00. There were also reductions in quantities of some line items in the contract from the engineer's original estimated quantities for a savings of $11,053.65. The resulting amount of work completed was $249,473.35. MOTION BY SECOND BY TO: 1: RfaTubworkskWRnal Request for Action Final Pay Request for Project No. 657 December 10, 2001 Page 2 Original Contract Amount $258,675.00 Change Order Amount $1,852.00 Revised Contract Amount $260.527.00 Revised Contract Amount $260,527.00 Reduction In Line Item Quantities $11,053.65 Value of Completed Project $249,473.35 Value of Completed Project $249,473.35 Previous Paid Amount $220,271,94 Final Payment Amount $29,201.41 The revised contract cost of $249,473.35 is 4% under the original contract. Funding for this project was from the City's Road & Bridge Fund and Hennepin County's $70,000 contribution. ATTACHMENTS The Request for Payment and the Engineer's letter recommending final payment is attached. I: Rfa\Pubworks\657FinaI Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer B onestroo and Employee Owned Principals: Otto G. Bonestroo, P.E. - Marvin L. Sorvala, P.E. - Glenn R. Cook, PE. - Robert G. Schunicht, PE. - R ®sene Jerry A. Bourdon, P.E. Q h �',k r Senior Consultants: Robert W. Rosene, PE. - Joseph C. Anderlik, EE. - Richard E. Turner, RE_ - Susan M. Eberlin, C.P.A. /V� . y/. es OC. Associate Principals: Keith A_ Gordon, RE. - Robert R. Pfefferle, P.E. - Richard W. Foster, PE. - David O_ Loskota, PE, Mark A. Hanson, RE. - Michael T Rautmann, PE. - Ted K_ Field, P.E. - Kenneth P Anderson, RE, - Mark R. Rolfs, P.E. Ass oci at es - David A. Bonestroo, M.B.A. - Sidney P. Williamson, PE_ L.S. - Agnes M. Ring, M.B.A. - Allan Rick Schmidt, P.E. - Engineers l& Architects Thomas W. Peterson, PE. - James R. Maland, PE. - Miles B. Jensen, PE. - L Phillip Gravel III, PE. - Daniel J. Edgerton, P.E. - Ismael Martinez, P.E. - Thomas A. Syfko, A.E. - Sheldon J. Johnson - Dale A Grove, P.E. • Thomas A_ Roushar, P.E. Robert J. Devery, P.E. Offices: St. Paul. St. Cloud, Rochester and Willmar, MN + Milwaukee, WI - Chicago, 1L Vlbbsite: www.bonestroo.com December 4, 2001 Mr. Guy Johnson Public Works Director City of New Hope 5500 International Parkway New Hope, Minnesota 55428 Re Final Payment Request for 42 " Avenue North Retaining Wall Replacement City Project No. 657 Our File No. 34 -99 -104 Dear Guy: Enclosed are four (4) copies of the Final Request for Payment for the project. These have been signed by the Contractor. The following is a summary of the original contract amount, the revised contract amount with chin re order and actual contract amount. Description Amount Original Contract Value $258,675.00 Change Order No. 1 1,852.00 Revised Contract Value $260,527.00 Actual contract amount $249,473.35 The actual contract amount is $9,201.65 less than the original contract amount and $11,053.65 less than the revised contract amount which includes the change order. The actual contract amount is less the original contract value due to changes in quantities. There was a reduction in some quantities, primarily electrical items. The work has been satisfactorily been completed and therefore final payment is recommended. Please contact me at (651) 604 -4895 with any questions. Yours very truly, BONESTROO, R ENE, ANDERLIK & ASSOCIATES, INC. ,(j` eD/Pertzsch Cc: Mark Hanson JDP: cv Attachment 2335 West Highway 36 ■ St. Pau(, MN 55113 a 651-636 -4600 • Fax: 651- 636 -1311 Bonestroo Rosene Anderlik & Associates Engineers 6 Architects Dwner: City of New Hope, 4401 Xylon Ave. N. New Hope MN 55428 Date: December 4 2001 =or Period: 12/2/2000 to 12/4/2001 Request No: 9 AND FINAL Dontractor: Jay Brothers Inc., 9218 Lake Dr. NE Forest Lake MN 55025 CONTRACTOR'S REQUEST FOR PAYMENT 42ND AVENUE RETAINING WALL - OREGON AVENUE TO QUEBEC AVENUE BRA FILE NO. 34-99-104 CITY PROJECT NO. 657 SUMMARY 1 Original Contract Amount 2 Change Order- Addition $ 1,852.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 9 AND FINAL Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. r proved by Contractor: JAY BROTHERS INC Specified Contract Completion Date: June 30, 2000 $ 258,675.00 $ 260,527.00 $ 249,473.35 $ 0.00 $ 249,473.35 $ 0.00 $ 249,473.35 $ 220,271.94 $ 0.00 $ 29,201.41 CI OF NE HOP Approved by • / F Date: 3499104R EQ9 Final. xls No. Item Total Base Bid Total Change Order No. 1 Total Work Completed To Date Base Bid 1 Remove retaining wall 2 Structure excavation and backfill 3 Protect trees 4 Remove concrete pavement 5 4" concrete sidewalk 6 Colored concrete sidewalk 7 Site restoration 8 Footing concrete 9 Wall concrete 10 Architectural surface treatment - texture 11 Architectural surface treatment - color 12 Anti - graffiti coating 13 Relocate 1" curb stop and box 14 Relocate 1 -1/4" curb stop and box 15 Remove and replace concrete curb and gutter 16 1" Type K copper water service 17 1 -1/4" Type K copper water service 18 Install concrete handicap ramp 19 Remove existing concrete bases for light poles 20 Salvage existing light poles and luminaires 21 1 -1/2" RSC 22 1 -112" Schedule 40 PVC conduit 23 2" Schedule 40 PVC conduit 24 # 6 AWG conductor 25 # 2 AWG conductor 26 25 pair #19 AWG cable 27 Traffic control 28 Plant new 3" caliper Marshall Seedless Ash 2104 Total Base Bid Change Order Number 1 1 Install epoxy coated reinforcement in front face of wall 2 Extend signal interconnect wire from Oregon 1.00 Avenue to Nevada Avenue 3 Repair sewer service and install sleeve thru wall 4 Liquidated damages 5 Credit for aesthetics of the sidewalk surface EA Total Change Order No. 1 Total Base Bid Total Change Order No. 1 Total Work Completed To Date $247,621.35 LS Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 480 2.00 493 $986.00 LS 1 60000.00 1 $60,000.00 EA 3 100.00 3 $300.00 SY 340 3.50 342 $1,197.00 SY 2850 3.65 2991 $10,917.15 SY 220 6.50 80 $520.00 LS 1 16500.00 1 $16,500.00 CY 104 320.00 104 $33,280.00 CY 171 490.00 177 $86,730.00 CY 2100 5.00 2104 $10,520.00 SY 3600 1.00 $0.00 SY 3600 1.00 3278 $3,278.00 EA 1 150.00 2 $300.00 EA 1 150.00 $0.00 LF 10 30.00 28 $840.00 LF 13 25.00 40 $1,000.00 LF 13 25.00 $0.00 EA 1 500.00 1 $500.00 LS 1 300.00 1 $300.00 EA 3 400.00 3 $1,200.00 FT 800 12.00 473 $5,676.00 FT 850 6.60 497 $3,280.20 FT 150 25.00 105 $2,625.00 FT 4100 1.00 2912 $2,912.00 FT 550 1.55 $0.00 FT 800 3.45 800 $2,760.00 LS 1 2000.00 1 $2,000.00 EA 3 400.00 $0.00 $247,621.35 LS 1 9000.00 1 $9,000.00 LS 1 500.00 1 $500.00 LS 1 985.00 1 $985.00 LS 1 - 5000.00 1 S5,000.00 LS 1 - 3633.00 1 $3.633.00 $1,852.00 $247,621.35 $1,852.00 $249,473.35 3499104REQ9RnaI,xis PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 657 BRA FILE NO. 34 -99 -104 CONTRACTOR JAY BROTHERS INC CHANGE ORDERS vane uescrlpuon Amount 1 1 4/1112000 lChanging Reinforcing Steel to Epoxy Coated R. Steel $1,852.00 Total Change Orders 1 $1,852.00 PAYMENT SUMMARY No. From To Pavment RPtainnne r_mmnlatari 2 05/06/2000 06/03/00 29,026.58 2,493.49 31,520.07 1 01/12/2000 05/05/00 18,349.73 965.78 48,342.09 4 07/08/2000 07/31/00 21,630.36 4,631.92 73,638.59 3 06/04/2000 07/07/00 18,999.72 3,493.48 91,499.87 5 08/01/2000 09/01/00 34,151.07 6,429.34 128,586.80 6 09/02/2000 09/29/00 19,876.85 7,475.49 149,509.80 7 09/30/2000 11/04/00 43,092.00 9,743.49 194,869.80 8 11/05/2000 12/01/00 35,145.63 11,593.26 231,865.20 9 AND FINAL 12/02/2000 12/04/01 29,201.41 •249,473.35 Material on Hand Total Payment to Date $249,473.35 Original Contract $258,675.00 Retaina e Pay No. 9 AND FINAL Change Orders $1,852.00 Total Amount Earned $249,473.35 Revised Contract $260,527.00 3499104REQ9Fina1.x1s 12/20/2001 THU 12:03 FAX 651 464 1704 JAY BROTHERS INC Inwals im General Contractors P.O. Box 700 9218 Lake Drive NE Forest Lake, MN 55025 Phone # (651) 0 Fax # (651 ) 464 -1704 [a 001/006 C Total Pages, Including Company Name 4v Attention 6 Fax Number Phone Number ,r �76 S31 rS /O 4 From ®ate sent 1.2 -16 = Q Time Se nt h 03 Rrr ■ urgent r—L Reply h _ - �. roject i', the only _ unless box Is chocked 12/20/2001 THU 12:03 FAX 651 464 1704 JAY BROTHERS INC 03]002/006 Bond #GRMN16705A CONSENT OF SURETY TO FINAL PAYMENT A.IADucunwnf 6707 (Instructions on i everse side) TO OWNER: (Name rwel ereldnrw City of New Hope 4401 Won Ave No. New Hope, MN 55428 -4898 PROJECT: (Nate crud t rlebeW City Project No. 657, Hennepin Co. Project No. 9622, BRA File No. 34- 99104 - 42nd Avenue Retaining Wall, Oregon Avenue to Quebec Avenue, New Hope, Minnesota OWNER 13 ARCHITECT• 0 CONTRACTOit ❑ S URETY n OTHER Cl ARCI11TEC1 5 PROJECT NO,: CONTRACT FOR: CONTRACT DATED: February 3, 2000 In accorciance with ncc provisions of tic Contract between the Owner and the Contactor its indicared abovr, rile* (Insert r7ame and adethm a % .tirrrcr)-1 Granite Re, Inc. PO Box 20683 Oklahoma City, OK 73156 , SUxr: rY, on bond of (ln.,rr7 name and oddie -u oJ'Con Jay Bros., Inc, 9218 Lake Drive NE P.O. Box 700 Forest Lake, MN 55025 CON TRACTOR, hcrchy approves of the final paymenr ro the Contractor, and agiecs that fins I payment to the Contractor shall not relieve the Surety of any of its obligarions to (Irrse•rl newit and (Idelix sc ryUrtvrer7 City of New Hope 4401 Won Ave No. New Hope, MN 55428 -4898 , OWNER, as set forth In said Surety's hone!. IN WITNESS WHEREOF, the Surety has hereunto set its hand on This date: (hisor l in «99r ingr rile ,nrrulb ,/thou ayl hr rge• um.J a do efew nud ,year.) December 4, 2001 Granite Re, Inc. (.),rrefrJ urturt a %nurbw•irrdrrp,c�Y,nitNitr,•1 Attest; (Seal). J o nathan Pat Attorney -in -Fact (I'rblletl vtmn• rare / title) CAUTION: You should sign an original AIA document that has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited Li cense for Reproduction of this document. AIA DOCUMENT 6707 • C(ASENT OF SURD lY TO F1NA1. PiNMENT ° 19 I'MUION • "AIA 0)199,1 • ITIr AMrx1CAN tNS111V T o1' ARC1 11TEC 1:5, lTiS NIM YORK AVENt r, NW, WAtiH- 12/20/2001 THU 12:03 FAX 651 464 1704 JAY BROTHERS INC GRANITE R E, (]ENERAL POWER OF ATTORNEY [11003/006 Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY In the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM L.AHL its true and lawful Attorney -in- Facts) for the following purposes, to wit: To sign its name as surety to, and to execute; seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the piemises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/rreasurer, this 14' day of May, 1996. S E A L D arryl Fisher, a President STATE OF OKLAHOMA ) SS: COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer On this 14 day of May 1998, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the S of the GRANITE RE, INC., the corporation described in, and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2004 o c — , GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite CERTIFIES that the following resolution is a true and correct excerpt from the July 15, Directors of Granite Re, Inc. Re, Inc., an Oklahoma Corporation, HEREBY 1987, minutes of the meeting of the Board of "RESOLVED, that the President, any vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 4 gl day o Deccmher 2001. T6� � c r S E A w ,,,.• Rodman A. Frates, Secretary/Treasurer 12/20/2001 THU 12:03 FAX 651 464 1704 JAY BROTHERS INC X1004 /006 MINNESOTA Depart of Revenue W ithholding A i vi for Contractors IC -1 34 This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. please type at print clearly. This will be your mailing label for returning the completed form, . �Cem an name --- �-- _ --� - -- P y — Daylime phone Minnesota withholding tax 10 number i6s, ► � 16�1 - G4� t� bWr?yl5 -- adar� &s b ai 7 clo To1u1 eonlrocl amount Month /ycor work boon t t airy — - -- Stole Zip Code — — ' Amounl &lilt due MmIli /year work ended .— . -- Fcr�ES4 LA kc MN ta Z57 S 2y Z oo, (90 g v1 ' 4 '' r I'miect number Project localion - 9ti w 1:!apc. , � t4 hoiecl owner Address Ci Stoto Zip code Did you have employees work on this proleco? Yes ❑ No If no, who d the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ❑ Subcontractor Name of contractor vho hired you Address'-- •— - -. ...— —.,. .,.—_ &Prima contractor—If you subcontracted out any work on this project, all of your subcontractors must File their own 1C -134 affidovits and have them certified by the Department of Revenue before you can File your affidavit. For each subcontractor you had, fill in the information below and ottoch a copy of each subcontractor's certified IC -134. IF you need more space, oltach a separate sheet. M ( to lingo I dcclore that all information I have Riled in on this form is true and complete to the best of m knowledge and belief. t aulfrorise the Deportment of Revenue to disclose pertinent information relating to this proles, o including sending copies F form, to the prime contractor If/ am a subcontractor, and to any subcontractors J I om a prime contractor; and to the contracting agency. Conlraelor's signw,u ;o TiI e n �Dole FQ Mail tai MN Depl_ a Rcvcnue, Wilhholding Division, Moil Srolion 6610, $1, Paul, MN 55 1 4666 1 0 C+erfificat e of Compliance 8o3ad on rooerdt of ilm Mlmtarrela Oapatimant 0 RwrhUe, I ewd that rho conlraclor w ho.has alenod this creNucate h fulfilled all Ike regulretneltle of Miantllsolq Slalular 2gp.92 and 290 . 97 concerning the witbiro11dU0 aF Mtnntssota tnr;tomp tau from AJ1pCrHA paid to ernploy"s relatigg to ccmlmt;t aetvt!ceg wfth the state o M irmesseta and/or ita subdhrisiatu. Q 0 Dow Illb anr el RsIN11 p u ,,� -- NOV 0 2001 Na swo lu I1/ al hmladanI%lgwl#O pow - 10% refl6W-on*®r Ink. 12/20/2001 THU 12:04 FAX 651 464 1704 JAY BROTHERS INC DEG-N-01 TUE IU:20 AM I2/03/2001 MON 16:36 SCHIRMERS UUNCRETE FAX NU, '(UJQ FAX 651 404 1704 JAY BROTHERS INC MWNESMA Department of Revenue Withholding Affidavit for Contractors This affidavit must be approver! by rho mrnnasoia DeparlmsniafRevenue before the $ 1, q t e o f Minnesota or any of As subdryfilons can make final payment to contractors, Z005/006 r, U1 141002/002 IC-134 r G — — — — — — — — — — — -- 4 4 puny riame — — — — — Dc)dme phone v 10 . withho num ber 19 " r Cb,,,.r -y' C-1— a 011;!K ID 6 Q P 1-2 Ml - - 0 ) Total ca ama work b r X ( 50 1 I L'i Z1PCQK-- PwriliVy Ar;Zril '11(fdo'! wi —u e i L Zjer' e. $ 6d c' Y4" work 6 L PEP1 Rum r a �m ant A re. V n n/ t ?L ir V Addmu Ciy State 7.�p eerie Did you ha employees Work Drl WS Pidiftf? i1Yes nNo II no, who did the ti+vrk9 _ Check the box that desctiber yoUr Involvemant In /he project and till in 011 Information requested. ❑ Sole contractor Nome of cvnlroe hired T' Ad<GiZ L ❑ Prinio c9nitravlor—IF ;,u sub 1 fcd out any work on this project, all of your svbconiraicrom must file their own IC-1 34 0;4ovih and have them certified by the Deparlmeni of Revenuo before you con Rio y affidavit. For each subcomiradfor you hod, F(Il In the inf6rrnollon below and attach a copy of each subcontractor's certified IC-1 34_ if you need more space, attach a separate 3heet. 1 4 1011MAM4011an huve GILd In an dat wtcf M k yrtqwWg* end be I aLdharyze IN Depadman)of 1 "" . lo the 4dose Patilhem InformMan rejeffp 10 th/3 PF012d, 117CfUdlilp zendiv ca of lhl k l ' o , M perma contravor it/ am Cr subcot100410r IM0 ubew Cram If I ant a cafilmdar, ofidlo t he comrvelm# 0gatloy. n wro Tble Dula W;ffiN Dept of 7anva, Withholding Dlylsyqn, mail Station 6610, St. Foul, MN 55146 6610 ------------ Cu"Ific0ft Of Compliancy 9 ft'" 80 recardt of the hViinglold DaPeArrmw l R ae"flue, I am MROW Ulf Am M IhOl 111 9wrtroclor who ha, flamod this ctritoft has �j g0mm 0 1 han"W SbrurcA 290:92 and 2A.97 c umvm i nir s h e * A j hj jq j0 ; + 6F Knmosoft l neem ® fee from woovo poid 1* ornpl m a g rig tp Qqrjjr 1`11 D1mVnmj&X9% 0 �� 4i *0 lvcvkq# ® 'he atom of A and/or 114 subdivMuns. Palo NOV 0 *B 2001 12/20/2001 THU 12:04 FAX 651 464 1704 JAY BROTHERS INC Nfl NNESOTA De of Revenue W ithholding Ai vi for nrac rs This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make hnol payment to contractors. r Please lype orprint clearly. This will be your mailing label for returning the completed form. r Company none Daytime phony I Kilmer Electric Co. , Inc. ( 763 425 -2525 j Address ( Total contract amount 5141 Lakeland Avenue North j $ 23, 225.50 City State Zip Code I Amount still due A inneapolis, NAT _ _55429 _ _ _ J $ 23, 225.50 MI M1 Project number l Project location 42nd Ave .Retai n q Wall Replacern�ent, New Hope Project owner Address Glty Stela zip code City of Ne w Hope 4401 Xylon Ave N New Ho pe, MN 55428 Did you hove employees work on ►his project? ;gYes ❑ No if no, who did the work? Check the box that describes your involvement in the project and fill in al/ information requested. ❑ Sole contractor Subcontractor Name of contractor who hired yotr Address Jay Bros., Inc PO Box 700, Forest Lake, MN 55025 E] Prime contractor — you subcontracted out any work on this project, all of your subcontractors must File their own IC-1 34 affidavits and have them certified by the Department of Revenue before you con file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC -134. If you need more space, attach a separate sheet. Busi ness name Address Owner /Officer I declare that oil information t haw filled in on this form is true and complete to the best of m knowledge and belief t outhori=e the Deporlmenl of Revenue to disclose pertinent information relating to this project, including sending copies of th/s form, to the prime contractor if I am a subcontractor, and ro 0 subconlroctors ' o pr' ern , and to the contr'acling agency. Co is signature Tide Date an F. Bakk, Controller 7 -16 -01 to: MN Dept, of Reven , Division, Mail Stotion 6610, St. Paul, MN 55146.6610 Certificate ®f Compliance Basta an reeords of the Minnatola Depattmenl of Rpvenuo, i caffily that the conimcror who hos signed ibis c®ttl has Euiftllod all the requiramentg of Minnesota Stalsltmti 290.93 and 290.97 Caneernipg the withholding oF Minnesota income tox Er w15940 paid to amptoya+rr neiating to contreal flervSrms With thm state of Minnesota andlor Its subdivisl Deportmentofti'evenw appraral D N®V 01 2001 I' ft X1006/006 I Minnesota withholding tax ID num6cr 6718331 m_..a..I... ' , v Valerie Leone - FYI Page 1 From: Guy Johnson To: Valerie Leone Date: 9/12/00 4:28PM Subject: FYI After attending the Council meeting last night. I would like to share some background with regards to the 42nd Avenue Retaining Wall Project. The City approved a "Cooperative Agreement" with Hennepin County back in March of 1999 to replace the existing modular wall that was no longer structurally sound. The City awarded the contract to Jay Brothers, Inc. in January of this year. The project is truly a joint project between New Hope and Hennepin County. The City and the County worked together on the design, the City went out for bids and awarded the contract, the County is responsible for all of the construction inspection and testing, and the project management is shared by both the City and County. The project was initially delayed two weeks right after starting because of a request by the County engineers to use a coating on the reinforcing steel rods in the wall. There has also been four weeks (20 working days) documented for delays because of rain. The largest delay however was Jay Brothers themselves. The initial crew that started the project around the beginning of April was very poor. They were inexperienced, which resulting in little production. The contractor was notified by both the City and County that the progress of the project was not acceptable. After numerous memos and meetings with the contractor, and correspondence to the contractors bonding company, the first crew was replaced with a more seasoned and experienced crew in the late part of June. With the exception of the rain delays, this crew has progressed satisfactory. Even with granting the rain delays and the two week delay for coated reinforcing steel rod, the project has extended beyond the adjusted completion date. Both City and County staff continue to work with Jay Brothers to expedite the project. SECTION 00001 TABLE OF CONTENTS 42 AVENUE NORTH RETAINING WALL REPLACEMENT OREGON AVENUE TO QUEBEC AVENUE CITY PROJECT NO. 657 HENNEPIN COUNTY PROJECT NO. 9622 FILE NO. 34-99-104 NEW HOPE, MINNESOTA 1999 CONDITIONS OF THE CONTRACT 00001. Table of Contents 00002. Professional Certifications 00030. Advertisement for Bids 00100. Information to Bidders 00300. Proposal DIVISION I - GENERAL REQUIREMENTS 01010. Summary of Work 01040. Coordination 01060. Regulatory Requirements 01200. Project Meetings 01300. Submittals 01400. Quality Control 01500. Temporary Facilities and Controls 01570. Erosion and Sediment Control 01600. Material and Equipment 01700. Contract Closeout DIVISION 2 - SITE WORK 02070. Selective Demolition 02200. Earthwork 02225. Removals 02318. Finish Grading 02515. Water Services 02635. Subsurface Drainage 02720. Aggregate Base Course 02740. Plant Mixed Bituminous Pavements 02770. Concrete Curb and Gutter 02775. Concrete Walks and Driveways 02930. Turf Establishment 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 00001-1 TABLE OF CONTENTS DIVISION 3 - CONCRETE 03100. Concrete Formwork 03200. Concrete Reinforcement 03300. Cast -In -Place Concrete DIVISION 4 - MASONRY Not Used DIVISION 5 - METALS Not Used DIVISION 6 - WOOD AND PLASTICS Not Used DIVISION 7 - THERMAL AND MOISTURE PROTECTION Not Used DIVISION 8 - DOORS AND WINDOWS Not Used DIVISION 9 - FINISHES Not Used DIVISION 10 - SPECIALTIES Not Used DIVISION 11 - EQUIPMENT Not Used DIVISION 12 - FURNISHINGS Not Used DIVISION 13 — SPECIAL CONSTRUCTION Not Used DIVISION 14 - CONVEYING SYSTEMS Not Used DIVISION 15 - MECHANICAL Not Used DIVISION 16 — ELECTRICAL 16050. Basic Electrical Materials and Methods Geoteclu , iical Data Minnegasco Information Conditions of the Contract END OF SECTION 3499104 Ou 1999 Bonestroo, Iiosene, Anderlik & Associates, Inc. 00001 -2 TABLE OF CONTENTS 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. November 9,1999 Reg. No. 17383 . I hereby certify that this report, specification, or drawing was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: November 9, 1999 . Reg. No. 7566 - END OF SECTION PROFESSIONAL CERTIFICATIONS I hereby certify that this report, specification, or drawing was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota, Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue until 11:30 A.M., C.S.T., on Wednesday, December 8, 1999, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: 42 Avenue North Retaining Wall Remove approximately 470 lineal feet of existing modular masonry retaining wall and construct new cast-in-place concrete retaining wall on the south side of 42 Avenue North between Oregon Avenue and Quebec Avenue. Work also includes removal and replacement of sidewalk, reinstallation of lights and site restoration. Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope Minnesota, and at the office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN 55113, (651) 636-4600. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5%) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of forty-five (45) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik & Associates, Inc., upon payment of a non-refundable fee of $35.00. See "Information to Bidders" for more information on plan and specification policy. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Daniel Donahue, Manager City of New Hope, Minnesota 3499-104 ADVERTISEMENT FOR BIDS 1. BID PROPOSAL: Each planholder has been furnished a specification, plan set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated "BID COPY". The Proposal containing the bid shall be submitted in a sealed envelope. RRoTr M- MMW T�1 MIMP&I Ira 1) Plans and specifications shall only be available on a non-refundable, per plan basis, with all contractors and vendors being charged the same. Planholders may obtain more than one set of plans and specifications for the stipulated amount, however, all are non-refundable. 1111111 11 11111 iiriii� 3. INDIVIDUAL DRAWINGS AND SPECIFICATION SHEETS: Individual drawings and specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty-five cents ($0.25) per sheet of specifications for which no refund will be made. 4. BID TABULATION: Planholders submitting a bid will be mailed a Bid Tabulation. Planholders not submitting a bid may purchase a copy of the Bid Tabulation for Five Dollars ($5.00). END OF SECTION 1:\bi to Biddas-99 4198 Bonestroo Rosene Anderlik & Associates Engineers 6 Architects Jay Brothers Inc Total Base Bid: 5258,675.00 9218 Lake Dr NE Telephone No. (651) 464 -6400 Forest Lake, MN 55025 Fax No. (65 1) 464 -1704 PROPOSAL 42ND AVENUE RETAINING WALL - OREGON AVENUE TO QUEBEC AVENUE CITY PROJECT # 657 HENNEPIN COUNTY PROJECT # 9622 BRA'S PROJECT # 34 -99 -104 NEW HOPE, MN 1999 Opening Time: 11:30 AM, C.S.T. Opening Date: Wednesday December 8, 1999 Honorable City Council City of New Hope 4401 Xylon Ave North New Hope, MN 55428 Dear Council Members The undersigned, being familiar with your local conditions, having made the field inspection and investigations deemed necessary, having studied the drawings and specifications for the work including Addenda Nos. 1 and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment, and all else necessary to completely construct the project in accordance with the drawings and specifications on file with you and Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St Paul, Minnesota 55113, as follows: No. Item Units Qty Unit Price Total Base Bid I Remove retaining wall LF 480 $2.00 $960.00 2 Structure excavation and backfill LS I S60,000.00 560,000.00 3 Protect trees EA 3 S100.00 $300.00 4 Remove concrete pavement SY 340 $3.50 $1,190.00 5 4" concrete sidewalk SF 2850 $3.65 510,40150 contract Page I No. Item Units Qty Unit Price Total 6 Colored concrete sidewalk SF 220 56.50 51,430.00 7 Site restoration LS 1 516,500.00 516,500.00 8 Footing concrete CY 104 5320.00 533,280.00 9 Wall concrete CY 171 5490.00 583,790.00 10 Architectural surface treatment - texture CY 2100 55.00 S10,500.00 11 Architectural surface treatment - color SF 3600 $1.00 53,600.00 12 Anti - graffiti coating SF 3600 S 1.00 53,600.00 13 Relocate I" curb stop and box _ EA 1 5150.00 5150.00 14 Relocate 1 -1/4" curb stop and box EA I S150.00 S150-00 15 Remove and replace concrete curb and gutter LF 10 530.00 $300.00 16 1 " Type K copper water service LF 13 $25.00 $325.00 17 1 -1/4" Type K copper water service LF 13 525.00 5325.00 18 Install concrete handicap ramp EA 1 $500.00 $500.00 19 Remove existing concrete bases for light poles LS 1 $300.00 $300.00 20 Salvage existing light poles and luminaires EA 3 $400.00 51,200.00 21 1 -1/2" RSC FT 800 $12.00 59,600.00 22 1 -1/2" Schedule 40 PVC conduit FT 850 56.60 55,610.00 23 2" Schedule 40 PVC conduit FT 150 $25.00 53,750.00' 24 # 6 AWG conductor FT 4100 $1.00 54,100.00 contract Page 2 The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefor, in the manner prescribed in the specifications. However, the low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefor. Accompanying this bid is a bidder's bond, certified check or cash deposit in the amount of S , which is at least five percent (5 %) of the amount of my/our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me /us. In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the three lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted, (A Corporation) Jay Bros., Inc. (An Individual) Name (A Partnership) Alm R. , /�y Signer CFO Title Mark R. Jay Printed Name of Signer contract SECTION 01010 SUMMARY OF WORK PARTI - GENERAL A. Contractor shall supply all labor, materials, transportation, apparatus, equipment and services required to provide the general construction and electrial work for all items described in the plans and specifications. Coordinate all work activities with other contractors. The project is located at on the south side of 42n Avenue North, between Oregon Avenue and Quebec Avenue in New Hope, Minnesota. B. Requirements of sections in Division 0 and Division I extend and apply to all work and material supplied by contractor, subcontractors, material suppliers and shall be included as a part of each section of this specification. 1.02 DIVISION OF CONTRACT A. The general contractor shall be the prime coordinator of the work and their schedule and progress shall govern the work of other contractors and subcontractors. The general contractor shall notify their subcontractors and other contractors within a reasonable time of phases or items of the work requiring the incorporation of their work. The subcontractors and other contractors shall, after such notification and within a reasonable time, proceed with the furnishing, installation, laying out or 'incorporation of their work so as not to delay or impede the general contractor or job progress. 1.03 WORK UNDER SEPARATE CONTRACTS � A. The Owner retains the option of issuing separate contracts for other work in connection with the project. 1.04 OWNER A. The City of New Hope is designated as the Owner. 1.05 ARCHITECT/ENGINEER A. Bonestroo, Rosene, Anderlik & Associates, Inc., is designated as the Engineer. B. Contact Person: Jerry Pertzsch, Phone No. 651-604-4895. 3499104 @ 1999 Bonestroo, Rosenc, 01010-1 Anderlik & Associates, Inc. SUMMARY OF WORK A. Shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this contract. A. The general contractor shall lay out all work. This layout shall be for the use of all trades. Each subcontractor shall then lay out their own work and be responsible for any damages to their work or that of others occasioned by their errors or failure to check properly and verify all measurements. B. Subcontractors for all phases of the work are responsible for lay out of their work, and they shall base their lay out on the work lines established by the general contractor. 1.08 EXAMINATION OF THE SITE A. It is required and expected that each contractor, before submitting a proposal for work required under this specification, shall visit the site, make a thorough examination of existing conditions, take all necessary measurements, and thoroughly familiarize himself with all existing conditions and all of the limitations pertaining to the work herein contemplated. . B No additional compensation will be allowed because of the contractor's misunderstanding as to the amount of work involved or their lack of knowledge of any of the conditions pertaining to the work based on their failure to make examination of the site. C. The submission of a proposal shall be considered assurance that the contractor has visited the site and made a thorough examination of conditions and limitations. D. Logs of three soil borings taken along 42n Avenue North are included in this document as information. Contractor shall review on-site soil conditions. Owner does not warranty accuracy of soil borings or variation in soil profile between borings. A copy of the geotechnical report is available for review at the offices of Bonestroo, Rosene, Anderlik & 'Inc. A. Extent of specifications and drawings defining work to be performed under this project is listed in the Table of Contents and List of Drawings, respectively, and any addenda subsequently issued amending those sections. It is the bidder's sole responsibility to verify that they have received all sheets of drawings and specifications. No claim for additional compensation will be allowed due to lack of complete information at time of bid. 3499104 @ 1999 Bonestroo, RoSCDC, 01010-2 Anderlik & Associates, Inc. SUMMARY OF WORK SECTION 01700 CONTRACT CLOSEOUT PARTI - GENERAL 1.01 CLEANING A. Prior to the inspection for substantial completion of the work, remove waste material and rubbish from the building and site. Remove protective coatings, barriers, and other protective devices, temporary work and surplus materials. B. Maintain the work in a clean condition until the work is substantially complete. C. After substantial completion, remove waste material and rubbish and clean up dirt caused by the work. D. Upon completion of the work, remove tools, construction equipment, machinery and surplus materials from the building and site. 1.02 PROJECT RECORD DOCUMENTS A. Maintain a set of drawings and specifications at the job site for documentation of changes to the contract documents. Identify the documents with the title "RECORD DOCUMENTS - JOB SET". B. Throughout the progress of the work, maintain an accurate record of all changes in the Contract Documents. Clearly describe the change by note and by graphic line. Date all entries. C. Dimension the centerline of each item within V. Clearly identify the item by accurate note. Show the vertical location of the item. D. Submit the final Record Documents for review and approval prior to final payment. A. Submit warranties and bonds as specified in the Contract Documents. B. Submit two copies of each submittal, neatly typed and in orderly sequence. C. Provide complete information on each item including product item, firm, date of warranty, bond, contract requirements, and contractor's name. 3 031999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-1 CONTRACT CLOSEOUT A. If the Engineer is required to perform reinspections due to failure of the work to comply with the claims of status of completion made by the contractor or due to problems with the methods or materials of construction: 1. Owner will compensate Engineer for such additional services. 2. Owner will deduct the amount of such compensation from the final payment to the Contractor. 1.05 SUBSTANTIAL COMPLETION A. The work shall be considered substantially complete when the Engineer issues a Substantial Completion Certificate. B. The following items shall be completed prior to issuing the certificate: 1. Work shall be clean. 2. The work shall be usable by the Owner for it's intended purpose. 3. A punch list inspection shall be completed. 1.06 FINAL PAYMENT A. Upon completion of the project work and as a condition of final payment, the contractor shall prepare and submit to the Engineer for transmission to the Owner, all exhibits required by the Project Manual including: 1. Consent of Surety to Final Payment. 2. Affidavit of Payment of Withholding of Income Taxes Before Final Payment. 3. Guarantees and Warranties. 4. Record Documents - Job Set. END OF SECTION 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-2 CONTRACT CLOSEOUT B. It is expected that in the event that any of these specifications are not clear or if there are any discrepancies, these will be brought to the attention of the Architect/Engineer prior to submission of bids and a decision in writing will be rendered as soon as possible. C. The Divisions 2 through 16 primarily apply to the various trade divisions, but contractor and all subcontractors shall be bound to the information and requirements of the complete set of specifications. Mention or indication of extent of work under any work Division or Specification Section is done only for the convenience of contractor and shall not be construed as describing all work required under that Division or Section, nor establishing any trade or jurisdictional requirements. 1.10 USE OF LANDS /EASEMENTS A. All work is on public right-of-way or easements, which will be provided by the Owner. The Contractor may utilize the site as necessary to the quick and expedient completion of the work. Operations shall be confined to within the limits of the right -of -way or easements provided. However, he shall limit his use of the site to the lands necessary to the current construction of his work and shall promptly turn over completed portions of the work for use by the adjacent property owners. Damage to sites shall be restored at the Contractor's expense. B. The Owner is in the process of obtaining permanent and temporary easements. The anticipated date for acquisition of the easements is on or before November 1999. 1.11 CONTRACT PERIOD A. Award Date: City Council will consider contract award December 13, 1999. B. Sequencing and Scheduling: The Contractor shall not commence work until the Owner has issued a "Notice to Proceed ". This notice shall be issued when execution of the contract documents has been completed. The Contractor can assume that they will have copies of the contract documents within three days after the contract award. The Contractor shall have no more than five working days to complete their processing of the contract documents. The City attorney's office review of the contract documents shall take no more than three working days. C. Completion Dates: The following dates shall be met during construction. The Owner will enforce liquidated damages if completion dates are not met. 1. All work, including turf and plantings shall be completed by June 30, 2000. 3499104 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01010-3 SUMMARY OF WORK a V� RL611" 1721 V a A. If completion dates are not met, liquidated damages, as specified in the Supplementary Conditions, shall be as follows. Refer also to Sections 3 and 11,4 of the "Conditions of the Contract". 1. Two Hundred Dollars ($200.00) per calendar day for all remaining work. 1.13 SEQUENCE OF WORK/OWNER OCCUPANCY A. The general sequence of work shall be at the option of the Contractors, subject to the approval of the Engineer and the Owner. However, work shall be carried on simultaneously at as many points as will, in the judgement of the Engineer and Owner, to enable the work to be completed within the prescribed time. 1. 14 WORKING HOURS A. All work shall be accomplished between the hours of 7:00 A.M. and 9:00 P.M. Monday through Friday, and 9:00 A.M. to 7:00 P.M. on Saturday. No construction activity will be permitted on Sundays or Holidays unless necessitated by an emergency or authorized in writing by the Owner or its representative. The Contractor must comply with all City ordinances to construct this project. 1.15 COLD WEATHER CONSTRUCTION A. Specific items such as concrete and painting have temperature constraints for construction. Any heating or protection required for construction shall be incidental to the project. No additional payment will be made by the Owner. A. Only one award will be made, that being to the low combined total of all work (Total Base Bid. PART 2 — PRODUCTS Not Used PART 3 — EXECUTION A. Specific Bid Items are provided in the Proposal for work and materials. Each item is described under "Measurement and Payment" of appropriate sections. B. Contractor shall include incidental items, whether specifically identified or not, in the bid items to provide a complete project as described in the contract documents. 3499104 6 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01010-4 SUMMARY OF WORK C. Certain proposal work items are included in anticipation of the possibility that conditions may be encountered which require this work. The estimates of quantities for these proposal items are based upon general experience in the area. They are included in the work to establish a bid unit price in the event such work is necessary to complete the project. The quantity is not guaranteed and the extent of work required will be dependent upon prevailing conditions. As such, no unit price adjustment for any magnitude of increased or decreased quantities is allowed. END OF SECTION 3499104 @ 1999 Bonestroo, Rosene, Andeflik & Associates, Inc. 01010-5 SUMMARY OF WORK 1.01 SUBSTITUTIONS A. Whenever materials or equipment are specified or described in the contract documents by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier, or distributor, the Contractor must supply the product named unless he has written authority from the Engineer to make a substitution. B. Substitute items of material and equipment shall be subject to the review and approval of the Engineer. C. During the bidding process, no substitution will be considered unless written request has been submitted to the Engineer for approval at least ten (10) days prior to bid date. D. Each request for substitution shall include a complete description of the proposed substitute, the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data, and any other data or information necessary for a complete evaluation. E. If the Engineer approves any proposed substitution, such approval will be set forth in an Addendum. F. The Contractor shall not be relieved from the responsibility of furnishing material or equipment equal in quality, design, and efficiency to those specified. G. If a substitution is allowed for any reason, the Contractor shall bear full responsibility for fitting that substitution into the project and shall make any necessary adjustments. No extra payment shall be made for extra work made necessary by a substitution requested by the Contractor. END OF SECTION 3499104 (0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. MATERIAL AND EQUIPMENT SECTION 01040 COORDINATION PART I - GENERAL 1.01 SECTION INCLUDES A. General requirements for overall project coordination, 1.02 RELATED SECTIONS A. General Conditions, Supplemental Conditions, Conditions of the Contract and . Division I sections apply to the work of this section. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction — 1988 Edition (MnDOT Spec.) and all amendments. 1. Spec. 1404 — Maintenance of Traffic. 2. Spec. 1710 —Traffic Control Devices. 3. Spec. 3352 — Signs and Markers. B. Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), including the Field Manual for Temporary Traffic Control Zone Layouts, Dated January 1998. 1.04 SUBMITTALS A. List of Subcontractors. B. Construction schedule. 1.05 GENERAL A. Coordinate work with the Owner's personnel to minimize interruptions to the utilities. The Owner's contacts are listed in Section 01060. Do not operate valves or equipment without Owner's permission. B. Coordinate all work and Subcontractors to avoid delays in construction progress. C. Coordinate work with adjacent property owners so as to not impact use of these properties, 3499104 @ 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01040-1 COORDINATION 1.06 UTILITIES A. Verify location of all existing utilities prior to construction. B. All known existing utilities within the anticipated construction limits are shown on the plan in a general way only and the Owner does not warrant the exact location. Since work is not anticipated within the street, utilities located in the street are not necessarily shown. It shall be the Contractor's responsibility to verify all existing utilities and to check with utility companies prior to starting work. Minnegasco has provided information on the gas mains in the area of the project. This information is included in the specification book. Note that the service leads off of the maims are not shown. The Contractor shall also be responsible for taking all necessary precautions to prevent damage to existing utility lines. The crossing, relocation, removal, shoring, compaction and other protective procedures necessary to protect the utilities shall be considered incidental to the project. C. All utility construction costs incurred by private Owners (NSP, Minnegasco, US West, Media One) which are the responsibility of the City of New Hope shall be billed directly to the City without mark -up by the Contractor. 1.07 PERMITS, FEES, AND INSPECTIONS A. The Contractor shall make arrangements for the necessary inspections and will be responsible for compliance with all applicable codes. B. Obtain and pay for necessary permits required by Hennepin County for working in and temporary lane restrictions of 42n Avenue North. 1.08 CONSTRUCTION INSPECTION A. The Contractor is hereby informed that a construction inspector will be made available to the project. The construction inspector will be a liaison between the Engineer and the Contractor. The construction inspector will assist the Project Engineer in confirming that the project is completed in accordance with approved plans, specifications and the contract documents. B. The construction inspector will generally be present at the project site during significant construction activity and/or installations. The construction inspector will be authorized to inspect each part or all of the work completed and all of the materials supplied or furnished for the project. C. The presence of the construction inspector on the site shall not constitute acceptance of the work performed by the Contractor. D. The construction inspector will notify the project engineer, and document in writing, failures of work or materials to conform with approved plans and specifications. The inspector will have the authority to reject unacceptable materials, and will make 3499104 © 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01040 -2 COORDINATION recommendations to the project engineer regarding the rejection of any work determined to be unacceptable. The Engineer or his/her agent shall be allowed access to all parts of the work, and shall be furnished with such information and assistance from the Contractor to make inspections. E. Contractor shall notify Engineer at least 24 hours prior to significant construction activity and/or installations to allow scheduling of construction inspector. A. Coordinate temporary lane closures of 42" Avenue North with Hennepin County. B. Use temporary long term lane closures on 42" Avenue North when the project is being actively work on. Lane closures shall be removed when work is not anticipated for at least seven days. Provide adequate signs, barrels and flashers. C. At a maximum, only one lane of traffic can be closed at a time. D. At each end of the project, direct pedestrians to the sidewalk on the north side of 42 " Avenue. Provide sidewalk closed signs. E. Submit traffic control plan showing layout to City and County for review. F. Furnish names, addresses and phone numbers of at least three (3) individuals responsible for the placement and maintenance of traffic control devices. At least one of the individuals shall be "On Call" 24 hours per day, seven days per week. G. Do not initiate lane closures until after morning rush hour or during periods of inclement weather or at times, when as determined by the Owner, the lane closure could be a hazard. H. Maintain all traffic control devices. A. Payment for the traffic control shall be made on a lump sum basis and shall be compensation in full for all direct and incidental costs required to provide proper traffic control. 3499104 @ 1999 Bonestroo, RoseDe, Anderlik & Associates, Inc. 01040-3 cooRDINATION Partial payment of the lump sum item "Traffic Control" will be based on the following: B. The Contractor shall not receive any compensation for traffic control devices that are damaged or missing on the job or do not meet the required specified requirements. FUMI - MAMOMKOWN 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01040-4 COORDINATION Cumulative % of "Traffic Control" Item Paid Traffic control initially installed 40% Removals Complete -. Final Acceptance of Project 100% B. The Contractor shall not receive any compensation for traffic control devices that are damaged or missing on the job or do not meet the required specified requirements. FUMI - MAMOMKOWN 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01040-4 COORDINATION SECTION 01060 REGULATORY REQUIREMENTS PART I - GENERAL 1.01 SECTION INCLUDES A. Regulatory agencies that have jurisdiction over the project area. B. Permits required for the work. 1.02 RELATED SECTIONS A. General Conditions, Supplementary Conditions, and Division 1 sections apply to the work of this section. 1.03 MEASUREMENT AND PAYMENT A. Method of Measurement: No measurement - work outlined in this section is incidental to the project. B. Basis of Payment: No direct payment will be made. Cost of this work is to be merged with the cost of other items in the project. 1.04 PERMITS REQUIRED A. Secure all other required permits and licenses consistent with Section 6 of the General Conditions. B. Permits for working in and along side 42n Avenue North are required by Hennepin County. 1.05 LOCAL UNIT OF GOVERNMENT A. City of New Hope: I Contact Persons: Mr. Guy Johnson Public Works Operations Manager 5500 International Parkway New Hope, MN 55428-4898 (612) 533-4823 ext. 16 3499104 @ 1999 Bonestroo, Rosenc, Anderlik & Associates, Inca 01060-1 REGULATORY REQUIREMENTS Tom Schuster Contract Manager 5500 International Parkway New Hope, MN 55428-4898 (612) 533-4823 ext. 13 B. Hennepin County: 1. Contact Person: Mr. Paul Backer, P.E. Pen Engineer 1600 Prairie Drive Medina, MN 55340-5421 1.06 UTILITY COMPANIES A. Water: City of New Hope, Utility Superintendent, Paul Coone - (612) 533-4823 ext. 12 B. Electric: Northern States Power, Bob Torres - (612) 493-1671 C. Gas: Minnegasco, Rick Pilon- (612) 321-5426 D. Telephone — US West, Ron Tombarge - (612) 531-6384 E. Cable TV: Media One, Duane Carlson - (612) 531-4465 a I jwffl* �M Not Used PART 3 - EXECUTION 3.01 GENERAL A. Permits must be issued and on hand before work involving permit provisions can begin. B. Comply with all provisions of permit requirements. 3499104 @ 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01060-2 REGULATORY REQUIREMENTS A. Notify Gopher State One Call at (612) 454-0002 prior to excavation for location of underground utility lines. B. Notify local utility company personal of schedule and sequence of work so that adequate control measures can be taken to locate and protect existing utility lines. C. Cooperate with local utility company personnel in locating, moving, protecting and working around in-place underground facilities. LOINWOMem 3499104 Cc 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01060-3 REGULATORY REQUIREMENTS PROJECT MEETINGS 1.01 PRECONSTRUCTION MEETING A. A pre-construction meeting will be scheduled approximately two weeks prior to anticipated start of construction. The preconstruction meeting will not be scheduled until a project construction schedule is received. The Contractor shall provide attendance by authorized representatives of the Contractor and all major Subcontractors. B. The Contractor shall provide attendance by authorized representatives of the Contractor and all major Subcontractors. 1.02 PROGRESS MEETINGS A. Progress Meetings will be scheduled by the Engineer. Assign the same personnel to represent the Contractor at project meetings throughout progress of the project. The meeting schedule may be less frequent depending on project requirements. B. Persons designated by the Contractor to attend and participate in the project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the project meetings. C. Subcontractors, material suppliers, and others may be invited to attend project meetings in which their aspects of work are involved. END OF SECTION 3499104 @ 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. PROJECT MEETINGS 1 SUBMITTALS 1.01 PROGRESS SCHEDULE A. Prepare and submit an estimated progress schedule for the work prior to the scheduling of the Preconstruction Meeting. Issuance of the Notice to Proceed will occur after the preconstruction Meeting. B. Maintain one copy of the progress schedule at the job site. C. During construction revise the progress schedule as necessary to conform to the current status of the work. Submit revised copies of the progress schedule, as required. 1.02 SUBCONTRACTOR LIST A. Prepare and submit a complete list of all subcontractors prior to the preconstruction meeting. Include the subcontractors name, address, telephone number, and contact person. 1.03 SUBMITTAL LIST A. Prepare and submit a complete and comprehensive schedule of all submittals anticipated to be made during the project. This list is due prior to the first Request for Payment. B. Include a list of each item for which contractors drawings, shop drawings, product data, samples, guarantees, or other types of submittals are required. A. Submit five copies of shop drawings and product data required. Three copies will be retained and two copies will be returned to the contractor. Submit a reproducible sepia of all drawings larger than 11" x 17". B. Shop drawings and product data shall be submitted with the contractor's stamp of approval. Shop drawings and product data submitted without this stamp will not be reviewed and will be returned to the contractor for their approval and resubmission. C. Shop drawings and product data shall be clearly identified as to project, contractor, manufacturer, specification section and item submitted. Any substitutions or deviations from the requirements of the contract documents shall be noted in writing. 3499104 Oc 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01300-1 SUBMITTALS D. Make all shop drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work. E. Clearly mark each copy of product data to identify information being submitted and delete information which does not apply. Supplement standard information as necessary. Show dimensions and other selected characteristics. F. Maintain one copy of approved shop drawings and product data at the site with the record drawings. 1.05 SAMPLES A. Samples shall be clearly identified as to project, contractor, manufacturer, specification section, product, type, color range, texture, finish and other identifying data. B. Samples shall be accompanied by a letter of transmittal with the contractor's approval and other supporting information. C. Submit two samples of each item required, unless otherwise specified. The Owner will retain one approved sample and the Engineer will retain one. 1,06 TEST REPORTS A. Submit three copies of all inspections, tests and approvals required in the contract documents. END OF SECTION 3499104 @ 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01300-2 SUBMITTALS SECTION 01400 QUALITY CONTROL PARTI - GENERAL 1.01 TESTING LABORATORY SERVICES A. Cooperate with the Owner's selected testing laboratory and all others responsible for testing and inspecting the work. B. The Owner will pay for initial testing services when Owner is required to pay for tests herein. See technical sections for who is to pay for the tests. C. When the initial tests indicate noncompliance with the contract documents, all subsequent retesting shall be performed by the same testing agency and the costs for retesting shall be paid by the Contractor. 1.02 SAMPLES A. Unless otherwise provided in the specifications, the contractor shall provide all materials, samples, mock-ups or assemblies for all tests specified in various sections of specifications or as directed by Engineer. 1.03 TESTING STANDARDS A. Tests shall be provided and accomplished in accordance with the standard used as the reference for the particular material or product, unless other test methods or criterion are specified. In the absence of a reference standard, tests shall be accomplished in accordance with applicable ASTM Standards of Test Methods. 1.04 QUALIFICATION TESTING A. In addition to tests specified, should the Contractor propose a product, material, method of assembly that is of unknown or questionable quality to the Engineer, the Engineer may require and order suitable tests to establish a basis for acceptance or rejection. Such tests will be paid for by the Contractor, or by the subcontractor requesting approval. "Standard" test reports or reports on "similar" material will not be accepted. B. The Owner and Engineer reserve the right to require certification or other proof that the material, assembly, equipment or other product proposed to be furnished for this project is in compliance with any test or standard called for. The certificate shall be signed by a representative of the independent testing laboratory or a responsible official of the firm supplying the product, as acceptable to the Owner and Engineer. The certificate shall be a sworn statement and shall be notarized. 3499104 @ 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-1 QUALITY CONTROL C. Any tests required to qualify the Contractor or any of their workmen for any phase of the work, and any test of a method, system or equipment that may be required by specification or law to qualify the item use, shall be made or taken without cost to the Owner or Engineer. ffl��WOWSIM A. Should specifications, Engineer's instructions, laws, ordinances, or any public authority require any work to be inspected or approved, contractor shall give timely notice of its readiness for inspection and a reasonable date fixed for such inspection. If any work should be covered up without approval or consent of approving agency, or Engineer, it must be uncovered for examination at Contractor's expense. 3499104 (D 1999 Bonestroo, Rosene, Ajiderlik & Associates, Inc. 01400-2 QUALITY CONTROL -- - TEMPORARY FACILITIES AND CONTROLS PART I - GENERAL A. No signs or advertisements will be allowed to be displayed on the premises without the approval of the Engineer, B. Contractor shall provide all electrical service required for, the project. C. Temporary fencing suitable for isolating the site during construction is required. Minimum fence height is four feet. The Contractor will maintain the fence to protect the site. Temporary fencing is incidental to the bid items. A. Provide and maintain in a sanitary condition enclosed weathertight toilets for the use of all construction personnel at a location within the contract, limits. B. Upon completion of the work, toilets and their appurtenances shall be removed. C. Installation shall be in accordance with all applicable codes and regulations of authorities having jurisdiction. D. The number of toilet rooms required shall be in accordance with the ANSI Standard Safety Code for Building Construction, OSHA, or other local authorities. 1.03 MATERIAL HOIST A. Provide a material hoist as required for normal use by all trades. Provide necessary guards, signals and safety devices, required for safe operations. The construction and operation of the material hoist shall comply with applicable requirements of ANSI A10.5, the AGC Manual of Accident Prevention in Construction, and to applicable state and municipal codes. Prohibit the use of the material hoist for transporting personnel. B. Special rigging and hoisting facilities shall be provided by each trade. was • A. Temporary field office is not required. 3499104 ®r 1999 Bonestroo, Rosene, 01500-1 Anderlik & Associates, Inc. TEMPORARY FACILITY AND CONTROLS A. Provide and maintain temporary ladders, ramps, runways, chutes, (and so on), as required for the proper execution of the work. B. All apparatus, equipment, and construction shall meet requirements of the Labor Law and other state or local laws. 1.06 SECURITY p A. Take adequate precautions against fire. Keep flammable material at an absolute minimum and ensure that such material is properly handled and stored. Do not permit fires to be built or open salamanders to be used in any part of the work. 1.07 WATER AND SNOW CONTROL A. From the commencement to the completion of the work, keep all parts of the site and the project free from accumulation of water. Supply, maintain, and operate all necessary pumping and bailing equipment. B. Remove snow and ice for the protection of the work. Project the work against weather damage. Remove snow as required to perform the work. I END OF SECTION 3499104 @ 1999 Bonestroo, Rosene, 01500-2 Anderlik & Associates, Inc. TEMPORARY FACILITY AND CONTROLS SECTION 01570 EROSION AND SEDIMENT CONTROL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Erosion Control. B. Dust Control. C. Power pick -up broom with operator. D. Skidster loader with operator. 1,02 RELATED SECTIONS A. Section 02930 - Turf Establishment. B. Section 02200 - Earthwork. 1.03 REFERENCES A. State of Minnesota, Department of Transportation "Standard Specifications for Construction - 1988 Edition and all amendments thereto shall apply except as modified or altered: I. Section 2573 - Erosion Control. B. Minnesota Construction Site Erosion and Sediment Control Planning Handbook. PART 2 — PRODUCTS 2.01 MATERIALS A. Silt Fence: The geotextile fabric shall consist of either woven or non -woven polyester, polypropylene, stabilized nylon, polyethylene or polyvinylidene chloride. The geotextile fabric shall meet the following criteria: 3499104 C 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -1 EROSION AND SEDIIa'IENT CONTROL Property Test Method Minimum Requirement Grab Strength* ASTM-D-1682 100 lbs Elongation* ASTM-D-1682 15% min. to 50% max. at 45 lbs Permitivity ASTM-D-4491 0.01 sec Equivalent Opening Size CW-02215-77 20 to 50 (course soils)** 50 to 140 (fine soils)** Width 36 inches Ultraviolet Resistance ASTNI-D-4355 90% 12" per min. strain rate. ** Course soils with less than 50% of the particles passing through a #200 sieve, fine soils with greater than 50% of the particles passing through a #200 sieve. PART 3 - EXECUTION 3.01 INSTALLATION A. Silt Fence: Install silt fence in accordance with the appropriate provisions of MnDOT 2573.3. Silt fence shall be erected prior to starting any construction operation, which might cause any sedimentation or siltation to be carried away from the project site. Silt fence shall be installed on the contour and constructed so that flow can-not bypass the ends. If the silt fence is longer than 600 feet, it shall be constructed in separate independent units, with each unit having a length less than 600 feet. Silt fences may be constructed with or without supporting fences such as snow fences or wire mesh fences. If support fences are included, they shall be strong enough to withstand the load from ponded water and trapped sediment. The support posts shall be spaced at 8 feet or less, and shall be driven at least 2 feet into the ground. When a silt fence is installed without a supporting fence, the posts shall be spaced at 4 feet or less and be placed or driven at least 30 inches into the ground. For all installations, the fabric shall be anchored in a trench dug on the up slope side of the posts. The trench should be at least 6 inches deep and 6 inches wide. The fabric shall be laid in the trench, which is backfilled and compacted. The filter fabric shall be furnished in a continuous roll to avoid splices. When a splice can-not be avoided, it shall be made at a fence post. The fabric shall be overlapped 6 inches, folded over and securely fastened. All silt fences shall be inspected immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3499104 05 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-2 EROSION AND SEDIMENT CONTROL When sediment deposits reach approximately one-half the height of the silt fence, the sediment shall either be replaced or a second silt fence installed. Silt fence shall be removed, as determined by the Engineer, after the slopes and ditches have been stabilized and turf developed to the extent that future erosion is unlikely. Materials remaining after removal shall become the property of the contractor and shall be disposed of off the construction site. tKIN B. Adjust erosion control plan as necessary to meet field conditions at the time of construction. A. All erosion control work and method, including dust control and cleanup of sediment on road by use of street sweeper and or skid loader is incidental to the other bid items. END OF SECTION 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-3 EROSION AND SEDIMENT CONTROL Descriptive Terminology Standard D 2487 - 93 Classification of Soils for Engineering Purposes (Unified Sail Classiication System) i s...d .n h,. mat.. it aa.,.n h.:a.17S —. 1 . s. :1 h.id ,ompi. conmsn.d e.obd.s n. bo,dd.n, - boa, .dd •..,,h ..661., w ooaid.r.. x Dart,. o a3_. �G'+v �.,i.orodad gray.i ..nh ad GWGC w.4 -g-d.d 9--i yeti, day G ?.GM poorly 9rod.d 9r i v.e, A GPGC Poore graded grvvei+ h eioy d, Sands -A 5 to 12 : Jine. ngva. d1 av--6: SW°.F/. r.;lyraded sand -ds vii SWSC r..3yrvd.d sand w.,h day SP•SM pooiry graded sand rem .dt Sp -SC Poorly arvd.d sand -4, clay 0 AD a (. 3 sod conmsn. > IS'b sand. add'-,- sand' b grvao Homo. :t hne. <losvry a. CLML. use dvoi symaai C<-GM or SCSM- n. 11 fin.. ore -go—, add •.yids -ganr: nn..' so g-ap sod eon.e.. � 15 gray.!, odd 'h Sr i b group name. J Aft-oerg limns viol m hasch.d area, sod 4 a CL-W, viN iay. :f wd <amo,n. 15 m 29% pia. No, 200, odd '-In sold or '-,.h graver _iuch.v ,. vradomma„r- .. .t sad con.ama t 30'!' pi.. No. :00. ;-coev.—Ay sand. odd ',antsy is 91o.ro nom., m. :t fad co.s. n. > 30% Pia. No. 200. Pr.darnir liy Sa ri, odd '9rvvedy' <s group nom.. Pi = 4 and P lats on -obey. •A' %i n < 4 or P lan boa,. A' tin.. P. Pt pion an of vie-. '. Pi Pion blow •A• lina- 60 !0 X 40 a7 c .0 ,N 20 a .! 10 S oil Cjgjjifjti.n' Criteria far A\ igning Group Symbols and Group Grovel Group Nom Using Laid ratory Tests' Svmboi Grouts Name" .. o Gravels clean Gravels C > 4 and l < C. < 3' GW I WeXgladed gravei ' C < 4 and /or 1 > C > 3 ' GP Paoriy graded gravel` - ii More iron :o : of rest than 17- lines ' coarse fracnon T b � rermned an i siiv as ML or N i Fines cfm M Grovels with Pnos ' GM t siLv royal GC C'avvv ravel C6! , O t No. 4 slave More than 12 - fines Fine s dasslFy as CL or CH t •� a Q•^ O ; - . Clean Sands C > 6 and I s C S 3' SN Wekraded Bond' I a ands " 2 �'- i ;0 %: La_s than S : fines • j C < 8 andlor I > C_ > 3 SP Poorly graded sand' mole of `a 4 'Coale fracnon passes Sands with Pines I Finos Ciasstiy as ,ML or '"M ,SIM SdH sand < EN 4 31e1e More than 121'. lines' Fines dass,iy as CL ar CH SC C!ayay sand's' O Pt > 7 and clots on as above 'A' !ino CL t Lean cldv "® = = Slits and Clays inaP90.IC an low 'A" line ' I PT < s or Di be ��^L site ss'" Liq.,d tima less SO t liquid lima - oven dr 01, Organic day " t Inc. or amc < D.TS 9 Liquid Csmu . nor dried Organic ail ,a a ry t I Pi plat} an ar tlbave - A' line CH For clay i o Z ! Silts and Clays Inargan.c Pi plan below 'A' line .Mti Elastic vii `s"^ 1 Liou,d lima t 0 or more liquid time- oven dried 07't Orgcae clay u... ' organic < 0 -T5 I .liquid limo - nor deed ` Organic slit Hiaiily Oraamc Solis Primaniv oraonic mcner, dark in color, and oraon,c aaot 1 PT ( peat s...d .n h,. mat.. it aa.,.n h.:a.17S —. 1 . s. :1 h.id ,ompi. conmsn.d e.obd.s n. bo,dd.n, - boa, .dd •..,,h ..661., w ooaid.r.. x Dart,. o a3_. �G'+v �.,i.orodad gray.i ..nh ad GWGC w.4 -g-d.d 9--i yeti, day G ?.GM poorly 9rod.d 9r i v.e, A GPGC Poore graded grvvei+ h eioy d, Sands -A 5 to 12 : Jine. ngva. d1 av--6: SW°.F/. r.;lyraded sand -ds vii SWSC r..3yrvd.d sand w.,h day SP•SM pooiry graded sand rem .dt Sp -SC Poorly arvd.d sand -4, clay 0 AD a (. 3 sod conmsn. > IS'b sand. add'-,- sand' b grvao Homo. :t hne. <losvry a. CLML. use dvoi symaai C<-GM or SCSM- n. 11 fin.. ore -go—, add •.yids -ganr: nn..' so g-ap sod eon.e.. � 15 gray.!, odd 'h Sr i b group name. J Aft-oerg limns viol m hasch.d area, sod 4 a CL-W, viN iay. :f wd <amo,n. 15 m 29% pia. No, 200, odd '-In sold or '-,.h graver _iuch.v ,. vradomma„r- .. .t sad con.ama t 30'!' pi.. No. :00. ;-coev.—Ay sand. odd ',antsy is 91o.ro nom., m. :t fad co.s. n. > 30% Pia. No. 200. Pr.darnir liy Sa ri, odd '9rvvedy' <s group nom.. Pi = 4 and P lats on -obey. •A' %i n < 4 or P lan boa,. A' tin.. P. Pt pion an of vie-. '. Pi Pion blow •A• lina- 60 !0 X 40 a7 c .0 ,N 20 a .! 10 .......... ......... over 1.2" Cobbles ....... ...... ... .... ... to 1 Grovel medium .................. .MBA Mnb Rn..yrain.d fr.rn... of r ee..a .e.:.. 4 .. ....... .......... ....: to 3" 0 0 10 18 0 30 s0 :0 60 70 30 90 C0 110 and very stiff ............................. Liquid Limit (U.) all Medium ................ Laboratory Tests DD Dry density, per CC Crganic content, INC) `Net density, pcf S Percent or saturation, MC Natural moisture content, °a SG upecltic gravity .L Liquid limit, ao C Cohesion, PST ?L Plastic limit, °b 0 Angie of internal friction ?i Piasticiry index, °6 qu Uncaniined compressive strength, psr P200 °± passing 200 sieve qp ?ocket penetrometer strength, tsf fw da.niis.veien mb ' .......... ......... over 1.2" Cobbles ....... ...... ... .... ... to 1 Grovel medium .................. .MBA Mnb Rn..yrain.d fr.rn... of r ee..a .e.:.. 4 .. ....... .......... ....: to 3" Fine .............................. i t t and very stiff ............................. Hansard o. PI-A ft U."s.S, • � all Medium ................ .......... No. 10 to No. 40 Fine .......... s,.n A -0.73 tit 2oi ...... .......... No. 200 to .005 mm Clay . ...... ........................... less than .005 mm a 1 Evw.on d - v « .eel .r u- i e m +n..7- 16 1 .: d,an di.J.9 iL48j Cohesionless Soils very loose 0 to 4 BPF loose 5 to 10 BPF medium dense 1 1 to 30 BPF dense 31 to 50 BPF � i MH �r ON i / L y Particle Size Identification Boulders ...... ... .......... ......... over 1.2" Cobbles ....... ...... ... .... ... to 1 Grovel medium .................. Coarse— .... 4 .. ....... .......... ....: to 3" Fine .............................. No- 4 to 3/4" and very stiff ............................. Coarse ................ ........... No. 4 to NO, 10 Medium ................ .......... No. 10 to No. 40 Fine .......... .......... ........... No. 40 to No- 200 Silt ..... ............... ...... .......... No. 200 to .005 mm Clay . ...... ........................... less than .005 mm Relative Density of Cohesionless Soils very loose 0 to 4 BPF loose 5 to 10 BPF medium dense 1 1 to 30 BPF dense 31 to 50 BPF very dense over 50 BPF Consistency of Cohesive Soils very sort ...... ....... .............. 0 to 1 BPF soh .... ......... ..................... 2 to 3 BPF rather soh ...... .................... a to 5 BPF medium .................. ........... 6 to 8 BPF rather stiff ........ .................. 9 to 12 BPF stirf .... . .... ...... .... ................ 13 to 16 BPF very stiff ............................. 17 to 30 BPF hard .. ...... ......................... over 30 BPF Drilling Notes Standcrd penetration test borings were advcnced by 3 1 /4" or 6 1 /4" ID hoilow -stem augers unless noted other- wise, ;ertina water was used to clean out auger prior to sampling only where indicated on logs. Standard penetration test wrings are designated by the prefix '57 (Spin Tubej. Power auger borings were advanced by 4" or 6' diameter, continuous- iltaht solid - stem augers. Son ciassiricatians and strata deaths were interred From disturbed sam aucered to the surrece and are, therefore, somewhat cocroximate. Power auger borings are designated by the prefix "8'- Hand ouaer borings were advanced manually with a 1 1/2' diameter auger aria were limited to the death From which the auger could'oe manually withdrawn. Nand auger borings are indicated by the prefix ' Sampling: All samples were taken with the standard 2" 00 split -tube sampler, excentwhere noted. iW indicates thin - wciled (undisturbed) tube sample. BPF: Numbers indicate blows per fact recorded in standard penetration test also known as 'N' value- The sampler was set 6" into undisrur6ed soil below the hallow -stem auger- Driving resistances were then counted for second and third 6" increments and added to get BPF. Where they differed - ignificanriy, they are reported in the Following form. 2/12 for the second and third 6' increments, respectively. WH: WH indicates the sampler penetrated soil under weight of hammer and rods alone; driving not required. WR: WR indicates the sampler penetrated soil under weight of rods alone; hammer weight and driving not required. Note: All tests were run in general accordance with oapii- cable ASTM standards. sat I TE RTEC Rev. 2/97 O OF PROJECT: B X- 98 -899A BORING: ST" -3 LOCATION: GEOTECH1 EVALUATION Proposed Retaining Wall Cty ltd 9 between Oregon and Quebec Ave N See attached sketch. New Hope, Minnesota CREW CHIEF: S. McLean METHOD: 3 1/4" HSA Autohmr. DATE: 3123/99 SCALE: 1 =4' Elev., feet feet De th, t feet ASTM Description of Materials ` gpF Tests or Notes Symbol (ASTM D2488 or D2487) 1 FILL ,,;;, FILL: 9 1/2 inches Bituminous over Silty Sand with Gravel, Aggregate Base. 89b.0 2.0 '_� 8 I OL ORGANIC CLAY, dark brown to black, moist. (Swamp Deposit) I 894.01 4.0 J OL ORGANIC CLAY, black, varved with Lean Clay, gray, wet, medium stiff. 7 (Swamp Deposit) 891.0. 7.0 x 6 CH FAT CLAY, gray, moist to wet, medium sti (Alluvium) I 7 I 7 82.5 15.5 END OF BORING. - i Water not observed with 14 feet of hollow -stem auger in the ground. ' Water not observed to cave -in depth of 8 1/2 feet i immediately after withdrawal of the auger. a f Boring then backfilled. C i e e C e 0 HA5X 95 -M#!PA israun Late'tec - J7 myy 01_. F . S . �_ . LOG OF BORIN,G PROJECT: BABX-98-899A BORING: ST-1 LOCATION: GEOTECBMCAL EVALUATION Proposed Retaining Wall Cty Rd 9 between Oregon and Quebec Ave N See attached sketch. New Hope,, Minnesota CREW CHIEF: S. McLean METHOD: 3 1/4" HSAAutohmr. DATE: 3/23/99 SCALE: 1" =4' Elev Depth, ASTM Descrip tion of Materials BPF IWL Tests or Notes feet feet 1 Symbol 1 (AS D2488 or D2487 ) 895.2 2.0 FILL FILL: 6 inches Concrete over Silty Sand with Benchmark: TNH, SW comer Gravel, light brown, moist. (Aggregate Base) of Oregon Avenue North and 893.2 2.0 to County Road 9. Elevation= 902*55 PLU FILL: Silty Sand, with a little Gravel, brown, moist. 890.21 5.0 6 CH FAT CLAY, with a trace of Sand and Gravel, moist to wet, gray, medium stiff. f (Alluvium) 6 6 7 Ti 779.7 1 15.5 8 END OF BORING. D Water not observed with 14 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 9 feet immediately after withdrawal of the auger. Boring then backfilled. 13ABX-9&-59VA braun mterwc - jijvi_,:, W -,- - -- .- LOG OF BORING PROJECT: BABX-98-899A BORING: ST-2 GEOTECHNICAL EVALUATION LOCATION: Proposed Retaining Wall Cty Rd 9 between Oregon and Quebec Ave N See attached sketch. New Hope, NEnnesota CREW CHIEF: S. McLean METHOD: 3 1W HSA Autohmr. DATE: 3/23/99 ��E, I = 4" Elev., feet Depth, feet ASTM Description of Materials BPF Tests or Notes 895.71 0.0 Symbol (ASTM D2488 or D2487) FILL FILL: 10 inches Bituminous over Silty Sand with Gravel, dark brown, moist. 893.7 2.0 (Aggregate Base) 6 FILL FILL: Lean Clay, dark brown, wet. 892.7, 3.0 CL LEAN CLAY, with a little Sand and a trace of Gravel, brown with red staining, moist to wet, rather stiff. X 10 (Alluvium) 888.7 7.0 12 CH FAT CLAY, with Sand, a little Gravel, gray, wet, rather stiff to stiff. (Alluvium) 13 With a seam of Silty Sand at 10 1/2 feet. x 9 780.21 15.5 10 END OF BORING. Water not observed with 14 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 9 feet immediately after withdrawal of the auger. Boring then backfilled. 0 0 BABX-98-899A Braun Intertec - 3I30/99 b page i l ot, i Il QUEBEC AVENUE zm mz Do z_ o zm mo C) r. a z nco A Zm O m m m c 0 z C) m u O'D 0 m m �a A � Z O m m I N a n 0 c z K f O ■ p z O r D r r m ym o z0 m m0 D 0DO 0z o nA 5. A o z 0 ED a o z m D� o x r� �D z O Nq 0 07 z O � O 2 m n OREGON AVENUE INT DATE A PROPOSED RETAINING WALL BRA U N' DRAWN BY: CAA 03 -25 -99 APP'0 BY; LWB 1 03 -25 -99 I'^ COUNTY ROAD 9 BETWEEN QUEBEC AND OREGON AVENUES NORTH o NEW HOPE, MINNESOTA INTERTEC JOB NM BABX 98 - 899A DWG. NO. A88899A SHEET OF SCALE NONE Il 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate Minimum Limits,-, Automobile Liability L.,Bodily injury $250,000.00 each person .$500,000.00 each occurrence 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate It is required that basic exclusions for dariiage 'caused by explosion, collapse and damage to underground facilities, commonly known as X, C, U exclusions, be removed from the policies and so indicated as covered in the declaration and on certificates of insurance.. This provision of the Conditions of the Contract will be waived on above ground projects where hazards of 'explosion and/or collapse do not ; exist. The exclusion of explosion will be allowed on underground projects where blasting is not required. In addition to all of the listed coverages, the Contractor shall procure and maintain an Umbrella Excess Liability Policy in a minimum limit of $1,000;000.00. Any Urbrella Excess Liability policy in excess of $1,000,000 may be utilized to meet the above listed basic coverages. 6.1.4 . Builder's Risk Insurance: Before commencement of the Work, the Contractor shall provide` Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract.. Such insurance shall contain an appropriate rider to include as Additional Named Insureds, the Owner, the Engineer and his consultants, and each of their officers, tmployees 'and agents, all Subcontractors, the equipment Contractors and all of their Subcontractors on the construction premises. Such insurance may have a deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed $1,000.00. The Builder's Risk, Insurance required herein shall apply to projects involving construction of structures and building only. The requirements of this section shall be waived on projects`iiivolving only underground utilities, grading, street improvements and similar construction work, but any damage or loss to property shall be the sole responsibilityof the Contractor until finl` acceptance of the Work. . If the e Uwner, finds it necessary to occupy or use a portion or portions of the Work prior to substantial completion thereof,, such occupancy shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or' lapsed on account of such partial occupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. Generai/Specs /Condtns.gen © 1996 Bonestroo, Rosene, Andedik & Associates, Inc. -15 The Owner and Contractor waive all rights against each other and the Subcontractors and their agents and employees and against the Engineer and separate Contractors (if any) and their Subcontractors' agents and employees, for damages caused by fire or other perils to the extent covered by insurance provided under this section or any other property insurance applicable to the work. 6.1.5 Contractural Liability Insurance: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any by any limitation on the amount or type`of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.1.6 Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. 6.1.7 Boiler Insurance: If a permanent,boiler is to be installed as part of the project, the Owner will be responsible for maintaining all boiler and machinery coverage. This coverage will be placed in effect when the equipment is ready for inspection and operation. This coverage shall include the interests of the Owner, the Contractor, Subcontractors and Sub - Subcontractors. • PEMRMANCE AND OTHER ' i! i 6.2.1 Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. Contractor shall also furnish such other Bonds. as are required by the Contract Documents. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the state where the Project is located, and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. General/Specs/Condtns.gen O 1996 Bonestroo, Rosette, Ailderlik & Associates, Inc. -16- SECTION 00001 TABLE OF CONTENTS 42 AVENUE NORTH RETAINING WALL REPLACEMENT OREGON AVENUE TO QUEBEC AVENUE CITY PROJECT NO. 657 HENNEPIN COUNTY PROJECT NO. 9622 FILE NO. 34-99-104 NEW HOPE, MINNESOTA 1999 CONDITIONS OF THE CONTRACT 00001. Table of Contents 00002. Professional Certifications 00030. Advertisement for Bids 00100. Information to Bidders 00300. Proposal DIVISION I - GENERAL REQUIREMENTS 01010. Summary of Work 01040. Coordination 01060. Regulatory Requirements 01200. Project Meetings 01300. Submittals 01400. Quality Control 01500. Temporary Facilities and Controls 01570. Erosion and Sediment Control 01600. Material and Equipment 01700. Contract Closeout DIVISION 2 - SITE WORK 02070. Selective Demolition 02200. Earthwork 02225. Removals 02318. Finish Grading 02515. Water Services 02635. Subsurface Drainage 02720. Aggregate Base Course 02740. Plant Mixed Bituminous Pavements 02770. Concrete Curb and Gutter 02775. Concrete Walks and Driveways 02930. Turf Establishment 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 00001-1 TABLE OF CONTENTS DIVISION 3 - CONCRETE 03100. Concrete Formwork 03200. Concrete Reinforcement 03300. Cast -In -Place Concrete DIVISION 4 - MASONRY Not Used DIVISION 5 - METALS Not Used DIVISION 6 - WOOD AND PLASTICS Not Used DIVISION 7 - THERMAL AND MOISTURE PROTECTION Not Used DIVISION 8 - DOORS AND WINDOWS Not Used DIVISION 9 - FINISHES Not Used DIVISION 10 - SPECIALTIES Not Used DIVISION 11 - EQUIPMENT Not Used DIVISION 12 - FURNISHINGS Not Used DIVISION 13 — SPECIAL CONSTRUCTION Not Used DIVISION 14 - CONVEYING SYSTEMS Not Used DIVISION 15 - MECHANICAL Not Used DIVISION 16 — ELECTRICAL 16050. Basic Electrical Materials and Methods Geoteclu , iical Data Minnegasco Information Conditions of the Contract END OF SECTION 3499104 Ou 1999 Bonestroo, Iiosene, Anderlik & Associates, Inc. 00001 -2 TABLE OF CONTENTS 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. November 9,1999 Reg. No. 17383 . I hereby certify that this report, specification, or drawing was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: November 9, 1999 . Reg. No. 7566 - END OF SECTION PROFESSIONAL CERTIFICATIONS I hereby certify that this report, specification, or drawing was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota, Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue until 11:30 A.M., C.S.T., on Wednesday, December 8, 1999, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: 42 Avenue North Retaining Wall Remove approximately 470 lineal feet of existing modular masonry retaining wall and construct new cast-in-place concrete retaining wall on the south side of 42 Avenue North between Oregon Avenue and Quebec Avenue. Work also includes removal and replacement of sidewalk, reinstallation of lights and site restoration. Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope Minnesota, and at the office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN 55113, (651) 636-4600. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5%) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of forty-five (45) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik & Associates, Inc., upon payment of a non-refundable fee of $35.00. See "Information to Bidders" for more information on plan and specification policy. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Daniel Donahue, Manager City of New Hope, Minnesota 3499-104 ADVERTISEMENT FOR BIDS 1. BID PROPOSAL: Each planholder has been furnished a specification, plan set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated "BID COPY". The Proposal containing the bid shall be submitted in a sealed envelope. RRoTr M- MMW T�1 MIMP&I Ira 1) Plans and specifications shall only be available on a non-refundable, per plan basis, with all contractors and vendors being charged the same. Planholders may obtain more than one set of plans and specifications for the stipulated amount, however, all are non-refundable. 1111111 11 11111 iiriii� 3. INDIVIDUAL DRAWINGS AND SPECIFICATION SHEETS: Individual drawings and specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty-five cents ($0.25) per sheet of specifications for which no refund will be made. 4. BID TABULATION: Planholders submitting a bid will be mailed a Bid Tabulation. Planholders not submitting a bid may purchase a copy of the Bid Tabulation for Five Dollars ($5.00). END OF SECTION 1:\bi to Biddas-99 4198 Bonestroo Rosene Anderlik & Associates Engineers 6 Architects Jay Brothers Inc Total Base Bid: 5258,675.00 9218 Lake Dr NE Telephone No. (651) 464 -6400 Forest Lake, MN 55025 Fax No. (65 1) 464 -1704 PROPOSAL 42ND AVENUE RETAINING WALL - OREGON AVENUE TO QUEBEC AVENUE CITY PROJECT # 657 HENNEPIN COUNTY PROJECT # 9622 BRA'S PROJECT # 34 -99 -104 NEW HOPE, MN 1999 Opening Time: 11:30 AM, C.S.T. Opening Date: Wednesday December 8, 1999 Honorable City Council City of New Hope 4401 Xylon Ave North New Hope, MN 55428 Dear Council Members The undersigned, being familiar with your local conditions, having made the field inspection and investigations deemed necessary, having studied the drawings and specifications for the work including Addenda Nos. 1 and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment, and all else necessary to completely construct the project in accordance with the drawings and specifications on file with you and Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St Paul, Minnesota 55113, as follows: No. Item Units Qty Unit Price Total Base Bid I Remove retaining wall LF 480 $2.00 $960.00 2 Structure excavation and backfill LS I S60,000.00 560,000.00 3 Protect trees EA 3 S100.00 $300.00 4 Remove concrete pavement SY 340 $3.50 $1,190.00 5 4" concrete sidewalk SF 2850 $3.65 510,40150 contract Page I No. Item Units Qty Unit Price Total 6 Colored concrete sidewalk SF 220 56.50 51,430.00 7 Site restoration LS 1 516,500.00 516,500.00 8 Footing concrete CY 104 5320.00 533,280.00 9 Wall concrete CY 171 5490.00 583,790.00 10 Architectural surface treatment - texture CY 2100 55.00 S10,500.00 11 Architectural surface treatment - color SF 3600 $1.00 53,600.00 12 Anti - graffiti coating SF 3600 S 1.00 53,600.00 13 Relocate I" curb stop and box _ EA 1 5150.00 5150.00 14 Relocate 1 -1/4" curb stop and box EA I S150.00 S150-00 15 Remove and replace concrete curb and gutter LF 10 530.00 $300.00 16 1 " Type K copper water service LF 13 $25.00 $325.00 17 1 -1/4" Type K copper water service LF 13 525.00 5325.00 18 Install concrete handicap ramp EA 1 $500.00 $500.00 19 Remove existing concrete bases for light poles LS 1 $300.00 $300.00 20 Salvage existing light poles and luminaires EA 3 $400.00 51,200.00 21 1 -1/2" RSC FT 800 $12.00 59,600.00 22 1 -1/2" Schedule 40 PVC conduit FT 850 56.60 55,610.00 23 2" Schedule 40 PVC conduit FT 150 $25.00 53,750.00' 24 # 6 AWG conductor FT 4100 $1.00 54,100.00 contract Page 2 No. 25 26 27 28 Item Units Qty Unit Price Total # 2 AWG conductor FT 550 $1.55 5852.50 25 pair #19 AWG cable FT 800 S3.45 52,760.00 Traffic control LS 1 S2,000.00 S2,000.00 Plant new 3" caliper Marshall Seedless Ash EA 3 5400.00 S I Total Base Bid S25S,675.00 v contract 1 awe The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefor, in the manner prescribed in the specifications. However, the low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefor. Accompanying this bid is a bidder's bond, certified check or cash deposit in the amount of S , which is at least five percent (5 %) of the amount of my/our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me /us. In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the three lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted, (A Corporation) Jay Bros., Inc. (An Individual) Name (A Partnership) Alm R. , /�y Signer CFO Title Mark R. Jay Printed Name of Signer contract SECTION 01010 SUMMARY OF WORK PARTI - GENERAL A. Contractor shall supply all labor, materials, transportation, apparatus, equipment and services required to provide the general construction and electrial work for all items described in the plans and specifications. Coordinate all work activities with other contractors. The project is located at on the south side of 42n Avenue North, between Oregon Avenue and Quebec Avenue in New Hope, Minnesota. B. Requirements of sections in Division 0 and Division I extend and apply to all work and material supplied by contractor, subcontractors, material suppliers and shall be included as a part of each section of this specification. 1.02 DIVISION OF CONTRACT A. The general contractor shall be the prime coordinator of the work and their schedule and progress shall govern the work of other contractors and subcontractors. The general contractor shall notify their subcontractors and other contractors within a reasonable time of phases or items of the work requiring the incorporation of their work. The subcontractors and other contractors shall, after such notification and within a reasonable time, proceed with the furnishing, installation, laying out or 'incorporation of their work so as not to delay or impede the general contractor or job progress. 1.03 WORK UNDER SEPARATE CONTRACTS � A. The Owner retains the option of issuing separate contracts for other work in connection with the project. 1.04 OWNER A. The City of New Hope is designated as the Owner. 1.05 ARCHITECT/ENGINEER A. Bonestroo, Rosene, Anderlik & Associates, Inc., is designated as the Engineer. B. Contact Person: Jerry Pertzsch, Phone No. 651-604-4895. 3499104 @ 1999 Bonestroo, Rosenc, 01010-1 Anderlik & Associates, Inc. SUMMARY OF WORK A. Shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this contract. A. The general contractor shall lay out all work. This layout shall be for the use of all trades. Each subcontractor shall then lay out their own work and be responsible for any damages to their work or that of others occasioned by their errors or failure to check properly and verify all measurements. B. Subcontractors for all phases of the work are responsible for lay out of their work, and they shall base their lay out on the work lines established by the general contractor. 1.08 EXAMINATION OF THE SITE A. It is required and expected that each contractor, before submitting a proposal for work required under this specification, shall visit the site, make a thorough examination of existing conditions, take all necessary measurements, and thoroughly familiarize himself with all existing conditions and all of the limitations pertaining to the work herein contemplated. . B No additional compensation will be allowed because of the contractor's misunderstanding as to the amount of work involved or their lack of knowledge of any of the conditions pertaining to the work based on their failure to make examination of the site. C. The submission of a proposal shall be considered assurance that the contractor has visited the site and made a thorough examination of conditions and limitations. D. Logs of three soil borings taken along 42n Avenue North are included in this document as information. Contractor shall review on-site soil conditions. Owner does not warranty accuracy of soil borings or variation in soil profile between borings. A copy of the geotechnical report is available for review at the offices of Bonestroo, Rosene, Anderlik & 'Inc. A. Extent of specifications and drawings defining work to be performed under this project is listed in the Table of Contents and List of Drawings, respectively, and any addenda subsequently issued amending those sections. It is the bidder's sole responsibility to verify that they have received all sheets of drawings and specifications. No claim for additional compensation will be allowed due to lack of complete information at time of bid. 3499104 @ 1999 Bonestroo, RoSCDC, 01010-2 Anderlik & Associates, Inc. SUMMARY OF WORK SECTION 01700 CONTRACT CLOSEOUT PARTI - GENERAL 1.01 CLEANING A. Prior to the inspection for substantial completion of the work, remove waste material and rubbish from the building and site. Remove protective coatings, barriers, and other protective devices, temporary work and surplus materials. B. Maintain the work in a clean condition until the work is substantially complete. C. After substantial completion, remove waste material and rubbish and clean up dirt caused by the work. D. Upon completion of the work, remove tools, construction equipment, machinery and surplus materials from the building and site. 1.02 PROJECT RECORD DOCUMENTS A. Maintain a set of drawings and specifications at the job site for documentation of changes to the contract documents. Identify the documents with the title "RECORD DOCUMENTS - JOB SET". B. Throughout the progress of the work, maintain an accurate record of all changes in the Contract Documents. Clearly describe the change by note and by graphic line. Date all entries. C. Dimension the centerline of each item within V. Clearly identify the item by accurate note. Show the vertical location of the item. D. Submit the final Record Documents for review and approval prior to final payment. A. Submit warranties and bonds as specified in the Contract Documents. B. Submit two copies of each submittal, neatly typed and in orderly sequence. C. Provide complete information on each item including product item, firm, date of warranty, bond, contract requirements, and contractor's name. 3 031999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-1 CONTRACT CLOSEOUT A. If the Engineer is required to perform reinspections due to failure of the work to comply with the claims of status of completion made by the contractor or due to problems with the methods or materials of construction: 1. Owner will compensate Engineer for such additional services. 2. Owner will deduct the amount of such compensation from the final payment to the Contractor. 1.05 SUBSTANTIAL COMPLETION A. The work shall be considered substantially complete when the Engineer issues a Substantial Completion Certificate. B. The following items shall be completed prior to issuing the certificate: 1. Work shall be clean. 2. The work shall be usable by the Owner for it's intended purpose. 3. A punch list inspection shall be completed. 1.06 FINAL PAYMENT A. Upon completion of the project work and as a condition of final payment, the contractor shall prepare and submit to the Engineer for transmission to the Owner, all exhibits required by the Project Manual including: 1. Consent of Surety to Final Payment. 2. Affidavit of Payment of Withholding of Income Taxes Before Final Payment. 3. Guarantees and Warranties. 4. Record Documents - Job Set. END OF SECTION 3499104 0 1999 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-2 CONTRACT CLOSEOUT