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IP #717COUNCIL I /RFATubworks /20021717 RFA Awarding Contract REQUEST FOR ACTION 0 Originating Department Approved for Agenda Agenda Section Consent Public Works September 23, 2002 Item No. By: Guy Johnson By: 6.6 RESOLUTION AWARDING A CONTRACT FOR THE TH 169 STORM SEWER IMPROVEMENTS PROJECT (IMPROVEMENT NO. 717) REQUESTED ACTION Staff requests Council pass a resolution awarding the contract for the TH 169 Storm Sewer Improvement Project (Improvement Project 717) to the low and responsible bidder, FF Jedlicki, Inc., in the amount of $151,628.00 BACKGROUND This project is necessary to accommodate the construction of the sound wall along Trunk Highway 169 between 30 and 36 Avenue. The sound wall is being constructed by MNDOT in 2003. The existing storm sewer line in the right of way must be relocated to the west of its current location so that the concrete sound wall posts can be installed when that project begins. If this storm sewer line is not relocated, the sound wall cannot be built. In addition to clearing the area to provide room for the sound wall, the reconstruction of the storm sewer system allows for improved system capacity and improvements to the drainage of the surrounding neighborhood. There were eight bids received for this work. FUNDING Funds for this project are available through the storm water Utility fund. The bid of $151,628.00 provided by FF Jedlicki, Inc. is under the engineer's estimate of $160,000.00. ATTACHMENTS The Engineer's memorandum including the bid comparisons, and the resolution awarding the contract are attached. MOTION BY SECOND BY TO: a�) — I /RFATubworks /20021717 RFA Awarding Contract RESOLUTION NO. 02 - 140 RESOLUTION AWARDING CONTRACT FOR THE TH 169 STORM SEWER IMPROVEMENTS PROJECT IMPROVEMENT NO. 717 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1.That bids for the construction of the TH 169 Storm Sewer Improvements Project Improvement No. 717 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, on the 17 day of September, 2002, 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, and in The Construction Bulletin on August 23 and August 30, 2002. 3.It is hereby found and determined by this Council that the bid of FF Jedlicki, Inc for the construction of said project) in the amount of $151,628.00 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 be designated lowest responsible bid. 4.The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the City Council this 23 day of September 2002. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk I /RFA/Pubworks /20021717 RFA Awarding Contract Bonestroo Rosene Andertik & Associates Engineers &Architects September 17, 2002 -- ..••-- -•...- •.-- ...u�......,.. cuon /cquar Vpportuntty Employer and Employee Owned Principals: Otto G- Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R- Cook, P.E- • Robert G. Schunicht. P.E. Jerry A- Bourdon, P.E. - - Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik. P.E. • Richard E. Turner, PE- • Susan M- Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E- • Robert R. Pfefferle, P.E, • Richard W. Foster, P.E. • David O. Loskota, PE. Mark A- Hanson, P.E. • Michael T. Rautmann, P.E. • Ted K- Field. P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolls. PE. - David A. Bonestroo. M,B.A. • Sidney P. Williamson, PE.. LS. • Agnes M. Ring, M.B.A, • Allan Rick Schmidt, P.E. Thomas W. Peterson, P.E. • James R. Maland, P.E. - Miles B. Jensen. PE. - L. Phillip Gravel Ill. P.E. • Daniel J. Edgerton. P.E. Ismael Martinez, P.E. - Thomas A. Syfko, P.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, IL - Website: www.bonestroo.com Guy Johnson City of New Hope 5500 International Parkway Avenue N New Hope, MN 55428 Re: TH 169 Storm Sewer Improvements 30th Avenue to 34th Avenue City Project #717 Bonestroo File No. 34 -01 -133 Recommendation of Contract Award . Dear Guy: Bids were opened for the project stated above on Tuesday, September 17, 2002, at 1:30 P.M., C.D.S.T. Transiritted herewith is a copy of,the bid tabulation for your .inforination and file. Copies will also be distributed to each bidder.. There were a total of eight (8) bids.' The following summarizes the results of the bids received: Contractor Bid Amount Low F.F. Jedlicki, Inc. $151,628.00 #2 Eureka Construction $160,618.00 #3 Dave Perkins. Contracting $164,843.00 #4 Park Construction $166,644.00 #5, Burschville Construction $178,481.00 #6 G. L. Contracting $206,744.20 #7 Friedges Contr. Co. $231,575.56 #8 Northdale Construction Company $283,306.43 The low bidder on the project was F.F. Jedlicki, Inc. with a Base Bid of $151,628. This compares to the Engineer's Estimate of $160,000. These bids have been reviewed and found to be in order. As discussed previously with staff and Council, the primary objective of this project is to relocate existing storm sewer to accommodate the construction of a sound wall by MnDOT in 2003. The project will also: • . Improve drainage from the low point in Independence north of 32 Avenue. The existing storm sewer is shallow and frequently holds water. This leads to flooding issues and freezing issues in the winter. The new storm sewer will be lowered to provide improved capacity and positive drainage. • Create the possibility to increase drainage capacity from Jaycee Park. Flooding has also been an issue for some home around this park. Increased capacity will decrease this threat. The improvements in this project alone will not increase the capacity. However, it will improve the section in TH 169 ROW and below the future sound wall. Future projects could complete this system. 2335 West Highway 36 . St. Paul, MN 55713 . 651 - 636-4600 . Fax: 651 - 636-1311 This project addresses storm sewer in conflict with the proposed sound wall. The new storm sewer will be positioned to minimize tree removal this fall. Only trees in conflict with the new storm sewer alignment will be removed. All other trees will be removed in 2003 with the sound wall construction. If the City Council elects to proceed with this work, it is recommended that the work be awarded to F.F. Jedlicki, Inc. in the amount of the Base Bid, $151,628. Should you have any questions, please feel free to contact me at (651) 604 -4790. Yours very truly, BONESTROO, > ROSE ' NE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. Enclosure JA Sonestroo JA Rosene Anderlik & Associates Engineers 6 Architects Project Name: TH 169 Storm Sewer Improvements - 30th Avenue to 34th Avenue I hereby certify that this is an exact City Project No.: 717 File No.: 34 -01 -133 reproduction of bids re eI d. Bid Opening: Tuesday, September 17 2002 at 1:30 PM Owner: City of New Hope tion No. 25770 No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Bid Tabulation Base Bid: Mobilization Clear and grub Remove manhole Remove storm sewer pipe Remove concrete curb and gutter Remove bituminous pavement Salvage and Reinstall chain link fence Salvage and Reinstall wooden fence Salvage and Reinstall Garden Shed Protection of catch basin, non - street Hay bales Slit fence, type regular 4' diameter storm sewer MH 4' diameter storm CBMH 5' diameter storm CBMH 6 diameter storm sewer MH Construct MH over existing pipe Construct buried MH over existing pipe 2' x 3' CB, incl R- 3067 -V cstg and conc adj rings 24" RCP flared end section 36" RCP storm sewer, Class 3 24" RCP storm sewer, Class 3 18" RCP storm sewer, Class 5 12" RCP storm sewer, Class 5 Class ill random riprap Type 31 bituminous base course Bituminous wear course, Type 41A Type 41 bituminous mixture for driveways Aggregate base, Class 5 8618 concrete curb and gutter Topsoil borrow (LV) Sodding, lawn type Seeding, incl seed, fertilizer, mulch and disk anchor Traffic control Total Base Bid Bidder No. 1 FF Jedlicki Inc Units Qty I Unit Pri Total LS Tree EA LF LF SY LF LF LS EA EA LF EA EA EA EA EA EA Bidder No. 2 Eureka Construction Unit Price Total $250.00 $250.00 $8.00 $5.00 $5.00 $15.00 $15.00 $500.00 $200.00 $10.00 $2.00 $2,000.00 $2,000.00 $2,000.00 $3,000.00 $4,500.00 $4,000,00 $12,500.00 $1,000.00 $2,952.00 $200.00 $450.00 $1,800.00 $750.00 $500.00 $400.00 $2,000,00 $6,000.00 $4,500.00 $4,000.00 EA 1 $1,400.00 $1,400.00 $1,500.00 EA 1 $550.00 $550.00 $1,100.00 LF 610 $92.00 $56,120.00 $58.00 LF 342 $45,00 $15,390.00 $33.00 LF 30 $27.00 $810.00 $30.00 LF 982 $24.00 $23,568.00 $25.00 CY 5 $80.00 $400.00 $80.00 TN 5 $110.00 $5Ei0.00 $100.00 TN 2.5 $110.00 $275.00 $100.00 TN 10 $110.00 $1,100,00 $100.00 TN 30 $24.00 $720.00 $20.00 LF 40 $30,00 $1,200.00 $35.00 CY 50 $11.00 $550.00 $12.00 SY 1000 $5.00 $5,000.00 $3.50 4C 9C 12C 5C 1 2 2C 1700 2 1 1 Bidder No. 3 Dave Perkins Contracting Inc Unit Prinp Total $7,000.00 $80.00 $390.00 $5.00 $6.00 $4.00 $12.00 $15.00 $550.00 $150.00 $10.00 $2.00 $1,600.00 $1,700,00 $2,500.00 $3,300.00 $2,150,00 $2,500.00 $7,000.00 $4,000.00 $1,560.00 $1,845.00 $1,440.00 $750.00 $550.00 $300.00 $200.00 $3,400.00 $3,200.00 $1,700.00 $2,500.00 $6,600.00 $2,150.00 AC 2 $1,000.00 $2,000.00 LS 1 $1,700.00 $1,70 0.00 $151,628.00 Contractor Name and Address: FF Jedlicki inc 14203 W 62nd St Eden Prairie, MN 55346 Phone: (952) 934 -7272 Fax(952)934.7273 Signed By: Frank Jedlicki Title: President Bid Security: Bid Bond Addenda Acknowledged; One $1,500.00 $1,100.00 $35,380.00 $11,286.00 $24,550.00 $400.00 $500.00 $250.00 $1,000.00 $600.00 $1,400.00 $600.00 $3,500.00 $1,000,00 $2,000.00 $1,000.00 $1,000.00 $160,618.00 Eureka Construction 24485 Cedar Ave Farmington, MN 55024 (952) 469 -5685 (1952) 469 -5228 Alan Ames President Bid Bond One $1,500,00 $176.00 $650.00 $10.00 $10.00 $10.00 $5,00 $20.00 $250,00 $150.00 $8.00 $2.50 $1,800.00 $1,800.00 $2,600.00 $3,500.00 $2,400.00 $1,200.00 $1,500.00 $8,750.00 $2,600.00 $3,690.00 $400.00 $900.00 $1,000.00 $250.00 $300.00 $160,00 $4,250.00 $3,600.00 $1,800.00 $2,600,00 $7,000.00 $2,400.00 $1,200.00 Bidder No. 4 1 Bidder No. 5 Park Construction Burschville Construction Inc Unit Price Total ( Unit Price T 1 $8,570.00 $148.00 $1,000.00 $22.00 $3.50 $6.00 $7.00 $10.00 $500.00 $300.00 $7.00 $1.50 $2,500.00 $2,000.00 $2,700.00 $4,400.00 $4,800.00 $4,000.00 $1,400.00 $1,400.00 $1,500.00 $1,500.00 $1,800.00 $1,800.00 $1,400.00 $1,400.00 $79.50 $48,495.00 $69.00 $42,090.00 $50.50 $17,271.00 $49.00 $16,758.00 $65.00 $1,950.00 $39.00 $1,170,00 $36.00 $35,352.00 $29.00 $28,478.00 $150.00 $750.00 $80.00 $400.00 $150.00 $750.00 $100.00 $500,00 $150.00 $375.00 $100.00 $250,00 $150.00 $1,500.00 $100.00 $1,000.00 $25.00 $750.00 $125.00 $3,750.00 $30.00 $1,200.00 $35.00 $1,400,00 $15.00 $750.00 $29.00 $1,450.00 $5.00 $5,000.00 $3.00 $3,000.00 $1,500.00 $3,000.00 $1,500.00 $1,500.00 $164,843.00 Dave Perkins Contracting 14230 Basalt St NW Ramsey, MN 55303 (763) 427 -0109 (763) 427 -3806 Dave Perkins President Bid Bone One $900.00 $1 $500.00 $8,570.00 $7,400.00 $4,000.00 $8,118.00 $140.00 $540.00 $840,00 $500.00 $500.00 $600.00 $140.00 $5,000.0( $2,000.00 $2,700.00 $8,800.00 $4,800.00 $4,000.00 166,644 Park Construction 7900 Beech St NE Minneapolis, MN 55432 (763) 786 -9800 (763) 786 -2952 Bruce R. Carlson President Bid Bond One $5,000.00 $200.00 $500.00 $15.00 $10.00 $6.00 $20.00 $50.00 $1,000.00 $75.00 $5.00 $2.25 $2,000.00 $2,100.00 $2,800.00 $4,500.00 $4,500.00 $4,200.00 $1,200.00 $1,325.00 $69.50 $40.50 $35.00 $30,00 $100.00 $150.00 $300.00 $200.00 $25.00 $50.00 $20.00 $4.00 $5,000.00 $10,000.00 $400.00 $540.00 $2,400.00 $2,500.00 $1,000.00 $150.00 $100.00 $3,825.00 $4,000.00 $2,100.00 $4,500.00 $4,200.00 $1,200.00 $1,325,00 $42,395.00 $13,851.00 $1,050.00 $750,OC $2,000,OC $750.00 $2,000.00 $1,000.00 $4,000.00 $1,200.00 $2,400,00 $15,000.00 $15,000.00 Burschville Construction 11440 8th St NE Hanover, MN 55341 (763) 497 -4242 (763) 497 -4266 James E. Schendel President Bid Bond DOCUMENT 00510 NOTICE OF AWARD Dated September 26, 2002 TO: F. F. Jedlicki, Inc. ADDRESS: 14302 West 62nd Street Eden Prairie MN 55346 CITY PROJECT NO. 717 FILE NO. 34 -01 -133 PROJECT: T.N. 169 Storm Improvements - 30th Avenue to 34th Avenue You are notified that your Bid Dated September 17, 2002 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for T.H. 169 Storm Sewer Improvements - 30th Avenue to 34th Avenue for the City of New Hope, Minnesota. The Contract Price of your Contract is $151,628.00 or One Hundred Fifty -One Thousand Six Hundred Twenty -Eight Dollars and No Cents. Four copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Four Sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by October 11, 2002: 1 Deliver to the OWNER four fully executed counterparts of the Contract Documents. Each of the Contract Doucments must bear your signature. 2 Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 19), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC- 5.01). 3 Deliver with the executed Contract Documents the Certificates of Insurance evidencing coverage as specified in the Instructions to Bidders (Article 19), General Conditions (paragraph 5.03) and Supplementary Conditions (Article SC -5). Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you comply with those conditions, OWNER will return to you one fully executed counterpart of the Contract Documents. Bonestroo, Rosene, Anderlik & Associates, Inc. (Engineer) By (Authorized Signature) Vincent T. Vander Top, Project Engineer COPY TO OWNER (Title) 34 -01 -133 NOTICE OF AWARD Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, PE. • Robert G. Schunicht, RE. Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, PE. • Richard E. Turner, P.E. • Susan M. Eberlin, C.PA September 26, 2002 Mr. Frank Jedlicki F. F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, MN 55346 Associate Principals: Keith A. Gordon, RE. • Robert R. Pfefferle, BE. • Richard W. Foster, PE. • David O. Loskota, PE, Mark A. Hanson, P.E. • Michael T. Rautmann, PE. • Ted K. Field, RE. • Kenneth P Anderson, RE. • Mark R. Rolfs, RE. David A. Bonestroo, M.B.A. • Sidney P Williamson, P.E., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. - Thomas W. Peterson, P.E. • James R. Maland, P.E. • Miles B. Jensen, PE. • L. Phillip Gravel III, RE. • Daniel J. Edgerton, P.E. Ismael Martinez, RE. • Thomas A. Syfko, PE. • Sheldon J. Johnson • Dale A. Grove, PE. • Thomas A. Roushar, P.E. Robert J. Devery, PE. Offices: St, Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com Re: City of New Hope, Minnesota T.H. 169 Storm Sewer Improvements - 30th Avenue to 34th Avenue Project City Project No. 717 Bonestroo File No. 34 -01 -133 Contract Documents Enclosed are four (4) copies of the contract documents between you and the City of New Hope covering the above - referenced project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00620 Payment Bond. The insurance and indemnity requirements shall be provided. After completing the documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall, Jensen Swanson & Sondrall PA 8525 Edinbrook Crossing #2 Brooklyn Park, MN 55443 -1983 After the necessary officials have signed the contracts, please distribute as follows: 2 copies F. F. Jedlicki, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone . 1 copy Bonestroo & Associates, Attention: Vince Vander Top Upon receipt of a signed contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the project. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC, Vincent T. Vander Top, P.E. VTV /Jae Enclosures: Four (4) Contract Documents cc: Steven Sondrall, City Attorney Valerie Leone, City of New Hope 2335 West Highway 36 . St. Paul, MN 55113 . 651-636-4600 . Fax: 651-636 -1311 s , 11 1 , DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL WILLIAM C. STRAIT STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association Qualified ADR Neutral 'Admitted in Iowa Attorneys At Law October 4, 2002 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law@jensen-sondrall.com Re: 169 Storm Improvement Project (30 Avenue to 34 Avenue) Project No. 717 Our File No.: 99.10030 Dear Val: Please find enclosed for signature by the Mayor and City Manager four (4) Contracts for the referenced project. The Contracts, Bonds and Insurance Certificates are in order from a legal standpoint. Contact me if you have any questions or comments regarding this matter. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas@jensen- sondrall.com After Hours Extension #147 Enclosures cc: Guy Johnson Vince Vander Top CNH99.10030 -002 -Val Ltr.doc 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 www.ci.new-hope.mn.us Mr. Frank Jedlicki F.F. Jedlicki, Inc. 14203 West 62 nd Atreet Eden Prairie, MN 55346 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 SUBJECT: TH 169 STORM SEWER IMPROVEMENTS —30 34 AVENUE IMPROVEMENT PROJECT NO. 717 Enclosed are two fully executed contract documents for New Hope Project No. 717. One set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on September 23, 2002 for $151,628. Enclosed is return of your bid bond. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Guy Johnson, Director of Public Works, at 763-592-6766. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Steve Sondrall, City Attorney Mark Hanson, City Engineer Guy Johnson, Director of Public Works Family Styled City C2� For Family Livil T.H. 169 STORM IMPROVEMENTS 30TH AVENUE TO 34TH AVENUE CITY PROJECT NO. 717 FILE NO. 34-01-133 NEW HOPE, MINNESOTA 2002 Introductory Information 00005 Professional Certification 00010 Index Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00410 Bid Form Contracting Requirements 00510 Notice of Award 00520 Agreement Form 00550 Notice to Proceed 00610 Performance Bond 00620 Payment Bond 00700 EJCDC 1910-8 General Conditions (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division I ® General Requirements 01100 Summary 01300 Submittals 01310 Project Management and Coordination 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Erosion and Sediment Control 01700 Execution Requirements Division 2 — Site Construction 02225 Removals 02230 Site Clearing 02280 Adjust Miscellaneous Structures 02318 Subgrade Preparation 02320 Trench Excavation and Backfill 02630 Storm Drainage 34-01-133 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. INDEX Division 2 — Site Construction (Continued) 02720 Aggregate Base Course 02740 Plant Mixed Bituminous Pavements 02770 Concrete Curb and Gutter 02920 Lawns and Grasses I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Vincent T. Vander Top, P.E. Date: September 3, 2001 Reg. No. 25770 34-01-133 @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. LNDEX alas 1 •' : 1� Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue, until 1:30 P.M., C.D.S.T., on Tuesday, September 17, 2002, 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: T.H 169 Storm Improvements 30 Ave to 34 Ave. — Project No. 717 Consisting of the following approximate quantities: 610 LF 36" RCP storm sewer 200 LF 24" RCP storm sewer 1 LS Clearing and Grubbing 1 LS Restoration with sod and seed 6 EA Storm Structure 1 LS Erosion Control Plans and specifications, bid 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. Plans can be also purchased with a credit card over the internet from our website at www.bonestroo.com. 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 60 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of sixty (60) 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 $45.00. See "Information to Bidders" for plan /specification fee 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, City Manager City of New Hope, Minnesota 34 -01 -133 ADVERTISEMENT FOR BIDS DOCUMENT 00200 i 511 ARTICLE 1— DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder — The individual or entity who submits a Bid directly to OWNER. B. Issuing Office — The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder — The lowest, qualified, responsible Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. 2.01 Complete sets of the Bidding Documents in the number and for the non- refundable sum stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office identified in the Advertisement or Invitation to Bid. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 — QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, each Bidder must be prepared to submit within five days of OWNER'S request written evidence of financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's qualification to do business in the State where the project is located or covenant to obtain such qualification prior to award of contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -1 INSTRUCTIONS TO BIDDERS 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1 Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 34-01-133 @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-2 INSTRUCTIONS TO BIDDERS 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -3 INSTRUCTIONS TO BIDDERS E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information' known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; 1. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -4 INSTRUCTIONS TO BIDDERS ARTICLE 5 — SITE AND OTHER AREAS 5.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing faculties are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. 6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidders whom OWNER believes to have a reasonable chance of receiving the award maybe retained by OWNER until the earlier of the seventh day after the Effective date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 7.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200_5 INSTRUCTIONS TO BIDDERS ARTICLE 8 — CONTRACT TIMES 8.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 9 — LIQUIDATED DAMAGES 9.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 — SUBSTITUTE AND "OR-EQUAL" ITEMS 10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. 11.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award. 11.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 34-01-133 @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-6 INSTRUCTIONS TO BIDDERS 11.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 12 - PREPARATION OF BID 12.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. 12.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein. 12.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 12.06 A Bid by an individual shall show the Bidder's name and official address. 12.07 A Bid bya joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture must be shown below the signature. 12.08 All names shall be typed or printed in ink below the signatures. 12.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10 The address and telephone number for communications regarding the Bid shall be shown. 12.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Project, if any, shall also be shown on the Bid Form. 12.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -7 INSTRUCTIONS TO BIDDERS 12.13 Bidders may list proposed substitute items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item name, specification section number, and the total deduct to the Total Base Bid for each substitute item proposed. 13.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 13.01 Unit Price with Alternates A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to the base Bid if OWNER selects the alternate. In the evaluation of Bids, OWNER may select any combination of alternates, or the OWNER may choose not to accept any alternate bids. B. The total Of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200.8 INSTRUCTIONS TO BIDDERS D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of alternates accepted by the OWNER will determine the "Adjusted Total Base Bid." The OWNER may choose not to accept any alternate bids. 13.01 Unit Price with Alternates and Alternate Material Bids A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to the base Bid if OWNER selects the alternate. In the evaluation of Bids, OWNER may select any combination of alternates, or the OWNER may choose not to accept any alternate bids. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bidders may submit a Bid on proposed Substitute Items. The deduct price for each substitute item shall be the total price deducted from the Total Base Bid, if accepted by the OWNER. In the evaluation of Bids, OWNER may select any combination of substitute items, or the OWNER may choose not to accept any substitute items. E. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of alternates and substitute items accepted by the OWNER will determine the "Adjusted Total Base Bid." The OWNER may choose not to accept any alternates or substitute items. 13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 14 - SUBMITTAL OF BID 14.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid Form, and, if required, the Bid Bond. The unbound copy of the Bid Form is to be completed and submitted with the Bid security. 34-01-133 Oc 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-9 INSTRUCTIONS TO BIDDERS 14.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to OWNER's office. ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID 15.01 A Bid maybe modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 15.02 Bids may be withdrawn after Bid opening only in accordance with the law. ARTICLE 16 - OPENING OF BIDS 16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non - responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18 - AWARD OF CONTRACT 18.01 If the Contract is awarded, Award shall be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 18.02 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, non - responsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non - responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 3401 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -10 INSTRUCTIONS TO 'BIDDERS 18.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 18.04 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Farm or prior to the Notice of Award. 18.05 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 18.06 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims, of whatever nature, against OWNER, ENGINEER and their employees and agents, which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a contract award pursuant to law. 18.07 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 19 - CONTRACT SECURITY AND INSURANCE 19.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds. ARTICLE 20 - SIGNING OF AGREEMENT 20.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. � i t• t 34 -01 -133 © 2002 Bonestroo, Rosene, Andertik & Associates, Inc. 00200 -11 INSTRUCTIONS TO BIDDERS BQNE$TRQ0 ROSENE ANDERLrk: Sonestroo AnderM Assaristtes £ngtrecrs & Arthttmotx TIUS BID 1 -`s 4IT131r IT111 TO, City ol'New 1°Iope 4401 Xylon Ave N New Hope, Nfin:icstaLt 551428 -493 651636131 091/3/02 12:55 Cr :06/12 NO,917 F. F. JE®LICKI, INC. 14203 W. 62nd St. Eden Prairie, 11 N 553 46 D(7t;� !AIENT 0041± REVISED DID FORM TH 169 STORM S EWER TN1PROVL,I+!1BNTS 330TH AVENUE TO 34'ni AVFN1T3 - ivITY PROJECT NCD_ 717 BRA FILE NO. 34 -0i -133 14BW HOPE, 1v1 MMS0T'A 2402 1.41 The undersigmcd Bidder proposes, and .grew, if this Bid is ,accepted, to cater iwci art Agreement with OWNER in The form h)cluded to the f,iddin�; I:k)C`aments to perform all Work as specified or indicattrd in the Bidding Documents for the prices and within the limes inaicated in this Bid and in accordance with the other terms and er.'irtdibons of the !:lidding Documentq. 2,41 Bidder accepts all of the terms and conditinni; of the Advertisement or Invitation to Bid and Instructions In Bidders, including without limitation those dcating with the disposition of Bich :;,:ewity, `,file Bid will rernain subject to acceptancc for 60 days sifter the Bid opening, or for stick longer period of time that Bidder tnay agree to in - .vritiw upon realtaest of ONVNER. 3.01 In submittiiag this Bid, l3idrier represents, m set forth in the Agreement, that; A. Bidder has examined and carefully studied the Bidding pocuinews, the other related data identified in the Bidding Docwrnents, attd the following Addenda, mLtipt of all which is hereby acknowledged. Aiid�t1C1U3Y] j!3tY, Addendum B C. Bidder has visited the Site and become familiar with and is abNfied as to the general, local and Sitc crtnditiOns that MA affect cast. progress, and performance of the Work., Biddi -v is familiar with and is satisfied as to all federal, state and local taws and ReguiatiotkiK that affect cost, progress and perfurmance of the Work. 40 11 11P U= >9 ORM{ $tV FORM Rnai.wddyMdtnd-IPkl r B0NE$T*R00 ROSENE ANVERLIK IN 6516361311 0 12:55 [5" :08/12 N0:917 4,02 Bidder underqta that the law may require the OWNER, or ENGIN—F-ER at the OWNER'S direcrion, it) undertake an investigation and � uhrnit an e concerning Bidder's responsiveness., responsibility and qualifications, before awarding a cantract. Bidder hereby Nkwiyes any and all clairns, of wha nature, against OWNER, ENGINEER and their employees and agents, which arise out of or relate to such investigation and evaluation, anditatemencs made as a result thercor, except for statements that can be shown ray Clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended io restrict Bidders rights to challenge a, conti-act pursuant to law, 5,01 Bidder will eornpXtr, the Work in accordance with the Contraut Documents for the following pnct(S): All specifik; cash allowances are included in the price(s) Oct ibrth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in acoordaticc with paragraph I I ,01B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purposie of comparison of Bids, and final payment for all Unit Price Bid items will be based an actual quantities provided, determined as provided in the Contract Documents, - ----- No Item Units Qty Unit Price Total Price Base Bid I Mobilization LS I S t o 0 C) - 7 0 2 Clear and gruh Tree 50 S q o '0 3 Remove manho,'d EA 4$ 00 �v�, _. f � V � n m 4 Reove storm sewer pipe 5 36� $ A — 00 - S 5 Remove concrete curb and gutter LF 40 • A(Do' 6 Remove bi(uminoug pavernent SY 90$ a __ � � �� $ _ a � " Q " Q 7 Salvage and Rpinstal) chain lank fence LF 120 % ()o $ 8 Salvage and Reinstal! Wooden fence LF 50$— 9 Salvage and Reinstall Garden Shed LS I $ N 10 10 Protection of catch basin, non-stroot FA 2 $ J '�O 00 on. Co I I llay hale; EA 20 $ 12 Silt fence, type regular LF 1700 004 10-1 (R) DID FORM 70 SONESTROO ROSENE ANDERLIK '6 6-5- 09/13/02 12:55 [5 :09/12 NC:917 Nuv Item Units Qty Unit P!*iee TWO Price 13 4'diamt storm sewer MH EA 2 S -4L�q2? S —aa Q-0 14 4 diameter storm CBf EA I 15 YdiaMetff storm CBMH EA 1$ 25-Qq�O' Q OQ 16 Gdkxincter storm sawer MH EA 2$,,3 OA. 6 6 d ConstrUCOYM (Ivor existing pip';; EA I $ -Q Coisvvnt buried ME over existing pipe FA $ J-5-0-9-A-0 2'x TCB. incl R-3067-V estg and �: adj EA $ 1 L/ Oo 0 to 0 C) rings I section 24" RCF flared an EA 21 36" RCP stormsewtr, Class 3 LF fO 610 $.-- �'� � .5 . � / � � d(O 22 24" RCP storm SCWCT. CL6S, 3 LF 342 $' 23 18" RC? storm sewer, Class 5 I.F 30 $ 'OQ 24 12" RCP %torra sewer, Class 5 LF 9812S /to T 25 Class III random riprap CY 5 's — () —o 0 26 Type 31 bituminous base course TN 119-0 27 Biturninous wear n, urst, Type 41A TN 2.5 S 28 Type 41 hiturninous mixture for driyeways, 'rN 14 5) $ (D� 29 Aggregate base' Class 5 TN 30 $ dY-AQ9— $.— 7 .0 0 0 (0 QD 30 B618 concrete curb and $utter IF 40.$ 00 /ac) C ID 31 ToprOil borrow (IN) CY 50 32 Sodding, lawn type SY 33 Seeding, incl deed, fertilizer, mulch and AC disk anchor s /700, 34 Traffic colilro" LS 1 $ -- Total !Base Bid IC S Q AP 4; ?l � � d 1 r«. 00410-4(R) BID FORM 4f BONESTROO ROSENE ANDERLIK *6 6516361311 09/13/02 12,55 Lil :07/12 w:917 U. Bidder has carefully studied all: (1) re])Urts of exploration", zInd tests Of Subsurface conditions at ar c4)miguous to the Site and all drawings of physical conditions in or relating to 1,wlstirg surface or ntbiurffict sLnuctures at or contiguous to the Site (CKc:ept UndtTsmund Facilities) which hwe been klenffied in thi. Supplementary Conditions as provided it, Paragraph 4M of the Crciieral Conditions, and (1 repo , 1 , 411 d drawings of a Hazardous Environmental Condition, if any, which has bten identified in the Supplementary Conditions as provided in Paragraph 446 of the General Conditions. E Bidder has obtained and carefully studied ( or or assumes responsibility for having clone so) all additional Or supplementary examinations, investigation txploratmps, tests, studied arid data concerning conditions (surface. ,ubsurface and Underground Facilities} it or contiguous to the Site which may affect cu<A, progress, or peTibtinance of the Work or which relate to any aspect of the means, methocL techni+w&, scqvrnctts, and ' prnce�dure3 of conicruction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly raluired by the B iddiny, Docurrients TO be employed by Bidder, and safety precautions aid PToeri)IPS incident thereto, F Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or datil are ri,t,ctssary for the determination of this Bid for pefformance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions or the Bidding Documents, G Bidder is aware of the general nature of work to bt performed by OWNER and others at the Site that relates to the Work Lis indicated in the Bidding Documents, Bidder has cotTOmted the information known to Bidder, information and obervations Obtained fi-mr, visits to the Site, reports and drawings identified in the Bidding Documents, and all additional •xaatinations, investigations, explorations, tcsLs, studies, and data with the Bidding Documents, Bidder has gicn ENGINEER written notice of all eunflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENOINFER i., ac!ceptable,to 13idder. The Bidding 1'kwunwnts are generally sufficient to indicate and convey understanding of all ter rn , .nd conditions for the performance of the Work for which tbi.q Bid is submitted, f,01 Bidder fullher represents diV: A. The prices in this Bid have been arrived at independently , without consultation, commurication or agreement as to any matters relating to Such prices with any other Bidder or with any competitor for the puTpo Of restricting competition. B. The prices in this Bid have not or will not be knowingly disclost.d to any Other Bidder or cornpetitor prior CO opening of the Bids. No attempt has been made or will he made by the Bidder to induce any other person or firm to sUhrnit or not to submit a Bill For the purpose of restricting competition. 7 ,& - 1a10 I 133BIDPRM 004 1 0-2(R) P-ID r(DAM ke'r15e.d SONE$T'ROO ROSENE ANDERLIK W 6516361311 09113102 12:55 bi :10/12 NO:917 6-01 Hidder agrem that the Work will be substantially i;ompJewd and completed and ready For final paytment in accordame with paragraph 14,07 R of the General Conditions on cir'before the dates or within the number of calendar days inificated in the Agreement. 6.02 Bidder wxvpLs the provisions of the Agmomemt as to liquidated damages in the event of failure to complew, the Wori. within ffie timcs specified above, which shall ba stated in the Agreement. 7J)1 The following doiumnts are attached u) and made & condition of this Bid: A. Required Bid security in the form of Fire Percent.. &0.) The terim urea it this Bid with initial Capital laum have the aranings indicated in the instructions to Bidders, the General Conditions, and the Supplemmary Conditions. SUBMITTED on r , 9 If Biddtx ls: An Individua) Xanw (typed or primed }: By (S (Jndividual'4 sig\aturt) Doing business as: t 1 - - JkV1jkXL INC 14203. 62nd St. Bufincs3,address: Eden irie, i6e__ N 553 Phone No.: has No.: ,\- 1 11,1111LWOKNI RoOwd 1 00410 S(R) sic ronm BONESTROO ROSENE ANDERLIK 65163613 A Part A jar -j2 09/13/02 12:55 � :11/12 NQ:9 pwrer"hiplN sine; (Signature of general partner) Name (typed of printed): Busine.is address: — ?horm No Fax No' ' � &-CLO-rv—or I It ILI r-1 F. F JEDLICKI, INC. Corporation Name: 14203 W. 62nd St. _(SEAL) -Eden ei Fl State of incorporation: ry,e (GeflMil Busine s, ProfesOonal, �crvicc, 1,44ted Lia��R By: Nwe (typed cw printed): lltle: ARt*91 EAL) Business address: . F. F. JEOULKI, IN(G. Eden Prairie, MN 55346 q 3, 1 -/ 7 OT Fax No,: BIO FORM Rcylsod BY &dQuil�t1,4, 00410 c // / k I / c- 7 b,9Nh�JR00 ROSENE ANDERLIK lu 6516361311 Ant Ventu 09/13/02 12:55 � :'12/12 N0:917 Joint VeDtuTe Nam: By: (Signuture of joint venture Immer) Name (typed or printed): Title, — Business addreqs Phono No,: Fax No,: Joint Venturer Name: By: (Signature) Naine (typed iv printed): , ride: Business address: Phone No,: Fax No.; — Phone and Fax NumNr, and Addicss for receipt (if official communicatiMS: (Etch joint ,enutrer m1lyt sign. The numnerofsigping for each individual, partnership., M'd c 'lllt is a Marty to the joint venture should he in the manner indicated abiove), END OF DOCUNENT ,Wil 113BIL)FORM Vt.v1avd11YAd(1tmAmt I 00410-7(R) DID FORM DOCUMENT 00510 NOTICE OF AWARD Dated September 26, 2002 TO: F. F. Jedlicki, Inc. ADDRESS: 14302 West 62nd Street Eden Prairie, MN 55346 CITY PROJECT NO. 717 FILE NO. 34 -01 -133 PROJECT: T.H. 169 Storm Improvements - 30th Avenue to 34th Avenue You are notified that your Bid Dated September 17, 2002 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for T.H. 169 Storm Sewer Improvements - 30th Avenue to 34th Avenue for the City of New Hope, Minnesota. The Contract Price of your Contract is $151,628.00 or One Hundred Fifty -One Thousand Six Hundred Twenty-Eight Dollars and No Cents. Four copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Four Sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by October 11, 2002: 1 Deliver to the OWNER four fully executed counterparts of the Contract Documents. Each of the Contract Doucments must bear your signature. 2 Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 19), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC- 5.01). 3 Deliver with the executed Contract Documents the Certificates of Insurance evidencing coverage as specified in the Instructions to Bidders (Article 19), General Conditions (paragraph 5.03) and Supplementary Conditions (Article SC -5). Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you comply with those conditions, OWNER will return to you one fully executed counterpart of the Contract Documents. Bonestroo, Rosene, Anderlik & Associates, Inc. (Engineer) (Authorized Signature) Vincent T. Vander Top, Project Engineer COPY TO OWNER (Title) 34 -01 -133 NOTICE OF AWARD DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called OWNER) and F. F. Jedlicki, Inc., (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as T.H. 169 Storm Sewer Improvements 3e Avenue to 34` Avenue, City Project No. 717. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by Bonestroo, Rosette, Anderlik and Associates, 2335 West Highway 36, St. Paul, MN 55113, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed in phases by the following dates. 1. All storm sewer work, reinstallation of fences, and pavement restoration completed on or before November 22, 2002. 2. All restoration and final work on or before May 15, 2003. 3. All work shall be ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before June 15, 2003. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $200.00 for each day that expires after the time specified in paragraph 3.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $200.00 for each day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 34 -01 -133 ©2002 Bonestroo, Rosene, 00520 -1 Anderlik & Associates, Inc. AGREEMENT FORM ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit for an Original Contract Amount of $151,628.00 or One Hundred Fifty -One Thousand Six Hundred Twenty -Eight Dollars and No Cents for all the Base Bid Item's. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, monthly during performance of the Work as provided in paragraphs 5.02.A.1 and 5.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95 % of Work completed (with the balance being retainage). b. 95 % of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 100% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 5.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 6 - INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate the maximum rate allowed by law at the place of the Project. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 34 -01 -133 ©2002 Bonestroo, Rosene, 00520 -2 Anderlik & Associates. Inc. AGREEMENT FORM B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: TH 169 Storm Sewer Improvements (30` Ave. to 34` Ave.) 7. Addenda No. One (inclusive). 34 -01 -133 02002 Bonestroo, Rosene, 00520 -3 Anderlik & Associates, Inc. AGREEMENT FORM 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. CONTRACTOR's Bid Form. c. Documentation submitted by CONTRACTOR prior to Notice of Award. d. Any modification, including Change Orders, duly delivered after execution of agreement. The following, which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 8. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 9 - MISCELLANEOUS 9.01 Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 34 -01 -133 ©2002 Bonestroo, Rosene, 00520 -4 Anderlik & Associates, Inc. AGREEMENT FORM IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All -.portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective o � 3 , 6 3, (which is the Effective Date of the Agreement). OWNER: } The City of Ne v Hoe Minnes By: f � [ SEAL] Attest` 2 ,•- Address for giving notices: 4401 Xylon Avenue North New Hope, MN 55428 CONTRACTOR: License No. 6 -� Lf (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authoritv to sien.) Designated Representative: Name: Daniel J. Donahue Title: City Manag Address: 4401 Xylon Avenue North New Hope, MN 55428 Phone: 763 -531 -5100 763 -531 -5136 Facsimile: Desig Name Title: Address: F. F. JED LIC KI, ►I! • ! • I I 34 -01 -133 ©2002 Bonestroo, Rosene, 00520 -5 Anderlik & Associates, Inc." AGREEMENT FORM 9 AE INC. 1 4203 6 2nd E d en Prairie MN 55346 DOCUMENT 00550 Dated _ TO: F. F. Jedlicki, Inc. ADDRESS: 14203 West 62nd Street Eden Prairie, MN 55346 CITY PROJECT NO. 717 FILE NO. 34 -01 -133 PROJECT: T.H. 169 Storm Sewer Improvements - 30th Avenue to 34th Avenue You are notified that the Contact Time under the above contract will commence to run on , 2002. By that date, you are to start performing your obligations under the Contract Doccments. In accordance with Article 3 of the Agreement, the dates of Substantial Completion are November 22, 2002 and Final Completion is May 15th, 2003. Before you may start any Work at the Site, paragraph 2.05.0 of the General Conditions provides that you and OWNER must each deliver to the other (with copies to ENGINEER and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must notify ENGINEER 24 hours in advance for construction staking services. 0 COPY TO ENGINEER The City of New Hope, Minnesota (Owner) (Authorized Signature) (Title) 34 -01 -133 NOTICE TO PROCEED BOND NO. FS 5575411 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): F. F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, MN 55346 OWNER (Name and Address); City of New Hope 4401 Xylon Avenue North New Hope, MN. 55428 CONTRACT Date: September 30th, 2002 Amount: $151,628.00 SURETY (Name and Address of Principal Place of Business): Great American Insurance Company 580 Walnut Street Cincinnati, Ohio 45202 Description (Name and Location): T.H. 169 Storm Sewer Improvements – 30th Avenue to 34th Avenue Project No. 717 – New Hope, MN BOND Date (Not earlier than Contract Date): September 30th, 2002 Amount: $151,628.00 – One Hundred Fifty One Thousand Six Hundred Twenty Eight & 00 /100 Modifications to this Bond Form: NONE Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representadve. CONTRACTOR AS PRINCIPAL SURE'L'Y an C`.om p � y � F. F. Jedli In o Great In ranee Company rp, Sea)) Signature: B — Signature. BY : � Nurne and T tle: Name and Title: M. A. Jone , Attorney –in –Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal? Signature: Signature: _ Name and Title; Name and Title: E1CDC ,No_ 1910 -28 -A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Toint Contract Documents Gommittet, the ASSOCisted Genera) Contrauots of Arnerica, and the American Institute of Architects. 3 -01 -133 00610-1 PERFORMANCE 8ONp 1. The CONTRACTOR sod the Surety, jointly and severally, bind themselves, their heirs, txecutors. administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 1 If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. if there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, 91169equenuy to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formsily terminated the CONTRACTOR`s Agbi to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety Uve received notice as provided in paragraph 3.1; and 3.3. The OWNER, has agtW to pay the Balance of the Contract Price to: 3.3.1. The Surety it) accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4. When the OW14M has satisfied the cmtdirions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents x through independent eorntractm; or 4.3. Obtain bids Or negotiated proposals from qualified contractors acceptable O the OWNER for a contract for performance and completion of the Contract, :rranSe for a contract to be prepared for execution by the OWNER and the contractor elected with the OWNER's concurrence, to be secured with performance and eaymmt bonds executed by a qualified surly equivalent to the Bonds issued on the :ontract, and pay to the OWNER the amount of damages as described in paragraph 6 n excess of the Balance of the Contract Price incurred by the OWNER resulting from it CONTRACTOR Default; or 4.4. waive its right to perform and complete, strange far completion, or brain a new eoncraetot acrd with reasonable promptness under the circumstances; 4.4,1 After investigation. determine the amount for which it may be able to the OWNER and, as soon as practicable after the Amount is determined, !ndtr payment therefor to the OwNER; or 44.2 Deny liability in whole or in part and notify the OWNER ting reasons therefor. If the Surety does not proceed as provided in paragraph 4 with reasonable oatpmess, the Surety shall be doerned to be in default on this Bond fifteen days ,er receipt of an additional written noti a from the OWNER to the Surety m2ndiA2 that the Surety perform its obligations under this Bond, and the OWNER all be entitled to enforce any rtmedy a6sitable to the OWNER. if the Surety >cecds as provided to paragraph 4.4, sod the OWNER refuses the payment :dered or the Surety has denied pliability, in whole or in part, witbout further ice the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, Nen the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract To a tulle of the amount of this Boom, but subject to commitment by the OWNER of the Balance of the Contract .fZiee to trRigation of eostg and damages on the Contract, the Surety is obligated without duplication fern 6.1. The responsibilities of the CONTRACTOR for correction of defecbvo Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR`s Default, and resulting from the actions or failure to act of the Surety under paragraph 4, and C3. Liquidated damages, or if no liquidated damages are specified in tat Contract, actual damages caused by delayed performance or non - performance of the CONTRACTOR, 7. Ile Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that arc unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obilgatlons. No tight of action shall ague on this Bond to any person or entity other than the OWNFA or its heirs, executors, administrators, or succcssors, 8. The Surety hereby waives notice of arty cbartge, including changes of rime, to the Contract Or to related subcontracts, purchase orders and other obligations. 4. Any ptocpeding, tegal or equitable. under this Hurd may be instituted in any court Of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform ins obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shalt be applicable, 10. Notice to the Surety, the OWNER Or the CONTRACTOR Shall be mailed or delivered to the addmas shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location wbere the Contract was be performed, any provision to this Bond Conflicting with said statutory or legal requirement shall be deemed detetcd here (Torn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated heroin. The intent is that this Rood shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to he received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to of Oct behalf of the CONTRACTOR under the Contract. 12.2. Contract: The agreement between the OWNF.,E and the CONTRACTOR identified can the signature page., ineluditmrj all Contract Documents and changer thereto, 12.3, CONTRACTOR Default: Failure of the CONTRACTOR, which has neither beets remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. OWNER Default; Failure of the OWNER, which has neither been remedied her waived, to pay the CONTRACTOR as required by the Contract or to perform and complete Of Comply with the other terms thereof, ODOR INMRMAMN ONLY —Name, Address and Telephone) AGENT or BROKER. OWNUS RSPRESENT'ATIvE (Engineer or other party): for The team tca L ibis c, (c, ether pan hich ) o0 5 or :veT itod the iur by be urn :gal ion led gal tall Of tall the or, Of or ne rag he en ac he ;ct en [O 01 -133 PERFORMANCE BOND 00610-2 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF On the 30th day of � ptember 2002 before me personally a ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 30th day of September 1 2002 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s /he resides in Minnesota that s /he is the aforesaid officer or attorney in fact of Great American Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporatio . �� KATHLEEN SORENSON a' � (SEAL) NOCARi� POBLIC-MINNWA �°' MyCOMMISSIONUPIRESI -31 -2005 Notary Public GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 -369 -5000 ® FAX 513- 723 -2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 17357 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney - in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name M.A. JONES LITTON E.S. FIELD, JR. F.E. LAUNSTEIN KATHLEEN SORENSON Address ALL OF ST. PAUL, MINNESOTA Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate afficers and its corporate seal hereunto affixed this day of ��pp��--�� Attest 5 GREAT AMERICAfV INS COMPANY 2001 ;TATE OF OHIO, COUNTY OF HAMILTON - ss: On this day of p Get y, 2OQ1 , before me personally appeared DOUGLAS R. BOWEN, to me known, wing duly sworn, deposes an says that he resides in mcinnati, o, at a is the Divisional Senior Vice President of the Bond Division of Great American nsurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company: that the seal affixed to the aid instrument is such corporate seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by ike authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company y unanimous written consent dated March 1. 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant lice Presidents, or any one of them, be and hereby is uthorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and witracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority, and to woke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the ompany maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or 'her written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer id the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the :solutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 30th day of September 1 2002 029T(11/01) cv rna vvt GGl v0v( 1 %, rirL,v l,vxrANY LgjOOl /VO1 AL/O !® Gt1\T !1 'GA ■ E OF LIABILITY INSURANCE DATE(MM100/YY) DUGER (651)227 -8405 FAX (651)227 -0507 09!27 /2002 C. Field & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10 North Robert Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0. Box 64016 . Paul, MN 55164 INSURERS AFFORDING COVERAGE IRED r c "I- T -- 14203 W 62nd St Eden Prairie, MN 55346 INSURERA: West American Insurance Co INSURER B: The Ohio Casualty Insurance Co INSURER 0: State Fund Mutual Insurance Co INSURER D: INSURER E: r c occN' -ZIUCU I U IN= INOVncu NAMLU ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ONTR 4Y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 4Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONpiTIONS OF SUCH )LICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER DATE {MM /DO/Y7 ) DATE MMIDDJTY LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE rj] OCCUR OKW52860619 08/26/2002 08/26/2003 EACH OCCURRENCE S 1 0()0,00 FIRE DAMAGE (Any one fire) $ 100.000 MR) FXP (Any one person) S 5 00 PERSONAL &ADV INJURY S 1,000,00 GENERAL AGGREGATE $ 21000.00 CEN - L ACGRECATE LIMIT ArruES PER POLICY X JEGT LOC PRODUCTS - COMP /OP AGO $ 2,000,00 AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS AWS2860618 09/26/2002 09/26/2003 COMBINED SINGLE LIMIT (Es acddeni) S 1,0 00,00 0 (Per person) RY S HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ NHONt_RI Y VAMAGE Per acaldsm) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN LA ACC AUTO ONLY: AGG § S EXCESS UABILITY 7 OCCUR ❑ CLAIMS MADE SX052860619 08/26/2002 08/26/2003 EACH OCCURRENCE $ 10 AGGREGATE § 1O, 000, 00 DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AMC EMPLOYERS' LIABILITY 15127. 204 08/26/2002 08/26/2003 X I TORY LIMITS ER E.L. EACH ACCIDENT S 1. 000 00 E.L. DISEASE - EA EMPLOYEE $ 1F 000,00 0 E.L. DISEASE - POLICY LIMI I S *1 4 Disease policy limit is OTHER amended to apply to accident and disease. GPTION OF OPERATIONS /LQCATIONWVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISINS ect: T.H. 169 Storm Improvements -30th Avenue to 34th Avenue ificate holder and engineer are named as additional insured on the general liability per 'Form 330 forming part of the general liability policy and additional insured on the automobile liability Form CA7031 forming part of the automobile liability policy. 'IFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER; CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Ex00V(XK MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of New Hope PODOXXDOX DO(XMK XXVM 6QKXXXXX)ZXX (+7 XXOOOP @ XXXX 4401 Xyl on Ave N. K MDF9( MKK7E91€1ClF7fiXXMXKXKxX%= tIMXXXXXXXXX New Hope, MN 55428 -4843 AUTHORIZED REPRESENTATIVE -e O W ORD CERTIFICATE OF LIABILITY I C DATE (MM /DD/YY) 09/27/2002 UCER (651)227 -8405 FAX (651)227 -0507 C. Field & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR North Robert Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ). Box 64016 Paul, MN 55164 INSURERS AFFORDING COVERAGE . u, IF (- jea I i CKi Inc INSURER A: West American Insurance Co 14203 W 62nd St INSURER B: The Ohio Casualty Insurance Co Eden Prairie, MN 55346 INSURER C: State Fund Mutual Insurance Co INSURER D: INSURER E: E RAGES t POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING Y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH LICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YY) DATE (MMiDD/YY) LIMITS GENERAL LIABILITY BKWS2860618 08/26/2002 08/26/2003 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 100,00 CLAIMS MADE I OCCUR MED EXP (Any one person) $ 5, PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY T PRO- LOC JECT AUTOMOBILE LIABILITY X ANY AUTO AW52860618 08/26/2002 08/26/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA A CC AUTO ONLY: AGG $ $ EXCESS LIABILITY BXOS2860618 08/26/2002 08/26/2003 EACH OCCURRENCE $ 1 0,000,00 0 jq OCCUR a CLAIMS MADE AGGREGATE $ 10,000,00 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ].5127 , 204 08/26/2002 08/26/2003 X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1 E.L. DISEASE - POLICY LIMIT 1 $ *1 DTHER * Disease policy limit is amended to apply to accident and disease. OPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ect: T.H. 169 Storm Improvements -30th Avenue to 34th Avenue ificate holder and engineer are named as additional insured on the general liability per form 330 forming part of the general liability policy and additional insured on the automobile liability form CA7031 forming part of the automobile liability policy. IrIL.AIG MULUMM ADDITIONAL INSURED; INSURER LETTER: UANIaLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. City of New Hope 4401 Xylon Ave N. New Hope, MN 55428 -4843 Beverlv Boaaess 11►'i1061W R If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SECTION 01100 PART 1-GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project, and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: TH 169 Storm Sewer Improvements (30 Ave. to 34 Ave.) City Project No. 717. B. Description of Work: Reconstruction of existing storm sewer and the construction of new storm sewer in TH 169 ROW and City easement. Storm sewer construction is prior to MnDOT soundwall construction in summer of 2003. City must relocate storm sewer to accommodate sound wall construction. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES AND INCENTIVE PAYMENTS A. Provisions for liquidated damages and incentive payments, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction must remain within the limits of the project as shown on the Drawings and shall be removed upon completion of work. The limits include the work area in TH 169 ROW and any easements acquired by the OWNER. 2. CONTRACTOR will be responsible for snow removal and disposal from the OWNER's property if necessary to maintain access and working space during construction. 34-01-133 C 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-1 SUMMARY 3. If additional space is needed, obtain and pay for such space off site. B. Access to Site: 1. Access to site will be via TH 169 as limited by MnDOT and from City ROW on Independence Ave. B. Access for Residents: 1. Access shall be maintained at all times for all residential properties. Temporary interruptions to access for the installation of utilities and pavement will be allowed when coordinated with the OWNER and the property owner. C. Access to Easement Areas: 1. Specific work will occur within easement areas. The OWNER is in the process of acquiring these easements. No access will be allowed until authorized by the OWNER. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. • ! 34 -01 -133 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100 -2 SUMMARY SECTION 01300 PART 1 - GENERAL 1.01 PROGRESS SCHEDULE i UNI A. Prepare and submit an estimated progress schedule for the work prior to 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. 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. 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. 34 -01 -133 © 2002 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 ARCHITECT/ENGMER will retain one. D. Provide all samples required for color schedules for exterior finishes within 15 days after the Notice to Proceed is issued. 1.06 TEST REPORTS A. Submit three copies of all inspections, tests and approvals required in the contract documents. 1.07 PAYMENT A. Payment for all submittals shall be incidental to the cost of the project. END OF SECTION 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Ina. 01300_2 SUBMITTALS SECTION 01310 1.01 SECTION INCLUDES A. General requirements for overall project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area, requesting utility locates in the field. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on Site, and are shown on the Drawings in a general way: 1. Water: OWNER. 2. Sanitary Sewer: OWNER. 3. Storm Sewer: OWNER. 4. Electric: Xcel Energy, Gregory S. Plumedahl, 8701 Monticello Lane, Maple Grove, MN 55369; ph: 763-493-1670; fax: 763-493-1501 5. Gas: Reliant Energy, Minnegasco, Laura Hirsch, P.O. Box 1165 Minneapolis, MN 55440-1165; ph: 612-321-5177; fax: 763-321-5480 6. Telephone: Qwest, Carrie Oster, 9700 Schmidt Lake Road, Room 155 Plymouth, MN 55442; ph: 763-531-8997; fax: 763-536-5098 7. Cable TV: AT&T Broadband, Doug Zahn, 1238 Grey Fox Road, Arden Hills, MN 55112-6930; ph: 651-493-5316; fax: 651-493-5116 B. OWNER requires 48-hour notice for all utility interruptions. 1.03 PERMITS A. Comply with the stipulations of the following permits, which have been applied for, and will be furnished by the OWNER: 1. MnDOT ROW permit. 34-01-133 (D 2002 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310-1 COORDINATION B. Apply for, obtain, and comply with the provisions of the following permits: 1. MPCA Stormwater Discharges Associated with Construction Activities NPDES General Permit. Estimated permit cost of $240,00. C. Apply for, obtain, and comply with other permits, licenses, and approvals, which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide ENGINEER and Resident Project Representative a minimum of 48-hours notice in advance of the need for establishing lines and grades, measurements, grade checks, and observation of Work. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1 Project Superintendent or 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. 2. ENGINEER will set the time and sites, and prepare the agenda for the meetings. 3. ENGINEER will prepare meeting minutes and distribute one copy to CONTRACTOR. Notify ENGINEER of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of Subcontractors, and Suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01300. 34-01-133 (D 2002 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, hip. 01310-2 COORDINATION C. Progress Meeting Procedures: 1. ENGINEER will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. Complete restoration as is feasible in the fall of 2002. 2. Maintain erosion control through winter until project is completed. 3. Complete final restoration in the spring of 2003. 1.07 SUBMITTALS A. Submit a minimum of four copies of shop drawings plus the quantity of copies the CONTRACTOR wants returned. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -01 -133 2002 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderiik & Associates, Inc. 01310 -3 COORDINATION SECTION 01400 NMI PART 1-GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality Assurance. C. Procedures to measure and report the quality and performance of the Work. A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Highway Construction," 2000 Edition and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the ENGINEER for the OWNER. 1.03 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by ENGINEER. B. Submit copies of laboratory test results or analysis in consistent with 01300. C. Manufacturer's certificates of quality control or performance. 1.04 WORKMANSHIP A. Comply with industry standards of the region except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Notify ENGINEER 48-hours prior to expected time for operations requiring tests and inspections. B. Provide incidental labor and facilities to obtain and handle samples at site or source, transport samples to laboratory, facilitate tests and inspections, and for storing and curing of test samples. 34-01-133 (D 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-1 QUALITY REQUIREMENTS • ! 0 .101 1 " !. • A. After each inspection and test, submit three copies of laboratory report to ENGINEER. B. Include: Date issued, project title and number, name of inspector, date and time of sampling or inspection, identification of product and specifications section, location in the project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1 • i' !' '' '! IC 1 1 A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with ENGINEER and CONTRACTOR in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by ENGINEER, provide interpretation of test results. A. B. C. D. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. Laboratory may not approve or accept any portion of the work. Laboratory may not assume any duties of CONTRACTOR. Laboratory has no authority to stop work. 1.09 MANUFACTURER'S CERTIFICATES A. If requested by ENGINEER, submit manufacturer's certificate with shop drawings, certifying that products meet or exceed specified requirements, executed by responsible officer. 1.10 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up; of equipment; and test, adjust, and balance of equipment. 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400 -2 QUALITY REQUIREMENTS PART 2 - PRODUCTS Not Used PART 3 - EXECUTION A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-01-133 (D 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-3 QUALITY REQUIREMENTS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS uWam-901 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. A. State of Minnesota, Department of Transportation "Standard Specifications for Construction" - 2000 Edition. B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) including the Field Manual on Temporary Traffic Control Zone Layouts — latest edition. 2.01 NOT USED PART - EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials and all other items required to complete the Work to the Site. B. Establish CONTRACTOR offices and building or other facilities necessary for work on the Project. C. Temporarily hold or relocate utilities, and any miscellaneous structures such as signs, power poles, guy wires and mailboxes disturbed. 3.02 SIGNS, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all Non-City, County, or State owned signs, posts, etc., that may be within the construction limits as directed by ENGINEER. Do not remove signs until reviewed with the ENGINEER. 34-01-133 (D 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500-1 AND CONTROLS 3.03 TEMPORARY FACILITIES AND FENCE A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit, or as directed by ENGINEER. B. Temporary Water for Construction: 1. Use of new or existing hydrants is prohibited except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the OWNER. A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self - contained toilet units or water and sewer connected temporary toilet facilities consistent with governing regulations. CONTRACTOR may not use OWNER's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. A. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 34 -01 -133 @ 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -2 AND CONTROLS A. Traffic Control — General - Provide and maintain all traffic control devices needed to guide, warn, control and protect traffic throughout the project area. All traffic control devices and other protective measures shall conform to MMUTCD. Refer to Drawings for minimum traffic control requirements. B. Remove of traffic control devices at the conclusion of the Work. C. Faaggers are required to protect construction vehicles during unloading construction materials. Conform to the requirements of the MMUTCD, the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty, flaggers shall wear hard hats and reflectorized florescent orange rests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. D. Field Quality Control: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. 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 these individuals shall be "on call" 24 hours per day, seven days per week, during the time any traffic control devices furnished and installed by the CONTRACTOR are in place. 3. Provide access for emergency vehicles and busses to all residences at all times. 4. Respond to any request from the ENGINEER to improve or correct the usage of traffic control devices on, or related to, this project, within one (1) hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include, but not be limited to, removing grime and dust deposited on any device by traffic or natural causes, or when requested by ENGINEER. E. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 34-01 -133 © 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -3 AND CONTROLS 2. Damage to the site caused by removal of temporary fencing including postholes, shall be promptly repaired by CONTRACTOR. During removal, at no time shall the work remain unattended if a dangerous condition exists because of incomplete removal or site repairing. iylru '. t A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs if this item. 1. Partial payment of the lump sum item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 • of original contract amount earned - 25 70 • of original contract amount earned — 50 90 • of original contract amount earned —100 100 B. Dewatering: All costs related to pumping and dewatering as specified above will be considered incidental to the Project. C. A Bid Item has been provided for "Traffic Control Measurement is by the Lump Sum. This will be considered payment in full for all work and costs of this item, including removal: I . Partial payment of the lump sum item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 of original contract amount earned- 25 70 % of original contract amount earned — 50 90 % of original contract amount earned — 100 100 D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -01 -133 0 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderiik & Associates, Inc. 01500 AND CONTROLS SECTION 01570 EROSION AND SEDIMENT CONTROL PARTI-GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 01700 — Execution Requirements. B. Section 02920 — Lawns and Grasses. 1.03 REFERENCES A. Minnesota, Department of Transportation "Standard Specifications for Construction," 2000 Edition and the Supplement Specifications, (Mn/DOT Spec.): 1. Section 1803 — Prosecution of Work. 2. Section 2573 — Temporary Erosion Control. 3. Technical Memorandum No. 99-23-ENV-03 & Attachment. 4. Technical Memorandum No. 99-27-ENV-05. B. American Society of Testing and Materials (ASTM): 1 D4355 —Test Method for Deterioration of Geotextiles, from Exposure to Ultraviolet Light and Water. 2. D4491— Test Methods for Water Permeability of Geotextiles by Permitivity. 3. D4632 — Test Method for Breaking Load and Elongation of Geotextiles. 4. D4751 — Test Method for Determining the Apparent Opening Size of a Geotextile. 34-01-133 (D 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-1 EROSION AND SEDIMENT CONTROL 1.04 PERMITS A. General: 1. This project disturbs five or more acres of total land area. Submit a completed application form for the MPCA's General Storm Water Permit for Construction Activity and the appropriate fees to the MPCA. Also, submit a copy of the completed, signed and dated application form to OWNER. Authorization to begin grading under the NPDES permit is automatically granted 48-hours after the permit application has been submitted to the MPCA. 1.05 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 1803.5: 1. Submit for approval, the plan of operations for accomplishing temporary and permanent erosion control. 2. Erosion control measures to be installed prior to any grading activities. 3. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. B. CONTRACTOR is responsible for the establishment of permanent turf in accordance with Section 02920 to prevent excessive soil erosion. C. Remove silt fence installations after the site has become stabilized and turf is developed to the extent that future erosion is unlikely: I Any ridge or depression left as a result of fence removal will be appropriately repaired and restored. 2. Materials remaining after removal shall become the property of the CONTRACTOR and shall be disposed of off the construction site. 2.01 SILT FENCE A. Heavy - Duty Silt Fence: I Geotextile Fabric: Woven wire fence fabric with the following physical properties: 34-01-133 (D 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-2 EROSION AND SEDIMENT CONTROL a. Grab Tensile Strength (ASTM D4632): 100 lb. b. Apparent Opening Size (ASTM D4751): #20 — 70 sieve. C. Width: 48 inches. d. Ultraviolet Resistance (ASTM D4355): 70%. e. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion due to shipping and handling. f. 14 1 /2 - gauge wire with 6 inch mesh spacing. 2. Posts: Standard steel fence posts weighing not less than 1.33 pounds per lineal foot. Minimum length 30 inches plus burial depth. B. Standard Silt Fence: 1. Geotextile Fabric: Woven wire fabric with the following physical properties: a. Grab Tensile Strength (ASTM D4632): 100 lb. b. Apparent Opening Size (ASTM D4751):` #20 — 70 sieve. C. Width: 36 inches. d. Ultraviolet Resistance (ASTM D4355): 70 %. e. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion due to shipping and handling. 2. Posts: 2 inch by 2 -inch wood. 2.02 WATER FOR DUST CONTROL A. Apply Water as directed by the ENGINEER to prevent dust and wind erosion. B. Confirm water source with Public Works contact, Paul Coone. Do not use City hydrants without approval. 2.03 BALE CHECKS A. Type 1 mulch or straw, hay, excelsior mulch, cornstalks or other approved material, in good condition. 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-3 EROSION AND SEDIMENT CONTROL B. All bales shall be either bound with wire or tied with nylon string. A. 2 -inch size (min) washed river rock. PART 3 - EXECUTION 3.01 INSTALLATION A. Silt Fence: 1. Silt fences will be installed in the locations shown on the Drawings and according to the manufacturer's specifications. 2. 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. All splices shall be avoided whenever possible. If necessary, splices will be made at a fence post and according to the manufacturer's specifications. B. Temporary Rock Construction Entrance: 1. Rock construction entrance shall be installed in locations shown on the Drawings in accordance to the standard detail. 2. Rock construction entrance shall be constructed before grading begins on the site. 3. Inspect rock construction entrance regularly for mud accumulation. C. Temporary Sediment Basins: 1. Sediment basins will be excavated as a first priority when grading begins on the project. The location and outlet configuration are shown on the Drawings. a. Construct 3 feet deep. b. Install orange safety fence around perimeter. D. Bale Checks: 1. Bale Checks shall be installed in locations shown on the Drawings. 34 -01 -133 ® 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -4 EROSION AND SEDIMENT CONTROL 2. The bales shall be installed so that the bindings run around the sides rather than along the tops and bottoms of the bale. A. Conform to MnDOT Spec. 2573.3.1) and as follows: 1. CONTRACTOR is responsible for inspection, maintenance and repair of any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf reestablishment and street sweeping of mud and debris tracked from the site. 2. CONTRACTOR is responsible for the maintenance and repair of all temporary erosion control devices. 3. Inspection of all erosion control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately: a. Temporary sediment basins will be inspected and their original design volume will be restored following each run off event. A. A Bid Item has been provided for "Protection of Catch Basin — Non Street ". Measurement will be per each. Payment will constitute compensation in full for all work and cost to furnish and install material in place, according to the Standard Detail shown on the Drawings, and to remove. B. A Bid Item has been provided for "Hay Bales ". Measurement will be per each bale furnished and installed. Payment will constitute compensation in full for all work and cost to furnish and install material in place, according to the Standard Detail shown on the Drawings, and to remove. C. All other work and cost of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01 570-5 EROSION AND SEDIMENT CONTROL SECTION 01700 REQUIRE EXECUTION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the contract for final payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts,, Operation and Maintenance Manuals, Instructions, Schedules, Warranties, Guarantees, Bonds, Certificates, Certificates of Inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Forms. PART 2 - PRODUCTS Not Used PART 3 — EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, CONTRACTOR construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of work, CONTRACTOR will not commence work until the conditions are corrected. 34 -01 -133 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-1 EXECUTION REQUIREMENTS C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B Secure work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by ENGINEER. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If CONTRACTOR fails to maintain Site, ENGINNER will provide written notice of CONTRACTOR's defective Work. CONTRACTOR will be given 12-hours from the notice to clean Site. After the 12-hour period, OWNER may correct the defective work consistent with Conditions of the Contract. A. Clean and protect work in progress and adjoining work, during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. 34-01-133 (D 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-2 EXECUTION REQUIREMENTS B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 & 290.97 A. Upon completion of the project and prior to final payment, the CONTRACTOR and all Subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, affidavit for obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the OWNER. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Centennial Office Building, St. Paul, Minnesota, 55145 or calling (651) 297-3737, A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. 34-01-133 C 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-3 EXECUTION REQUIREMENTS COUNCIL z1%r Originating Department Public Works Johnson o Approved for Agenda January 13, 2003 Agenda Section Consent Item No. 6.17 RESOLUTION APPROVING CHANGE ODDER NO. 1 T ADJUST MANHOLE FOR TH 169 STORM SEWER IMPROVEMENT (PROJECT NO. 717) REQUESTED ACTION Staff is recommending that the Council approve a Change Order in the amount of $3,522.22 to the 169 Storm Sewer Improvement Project contract with F. F. Jedlicki, Inc. BACKGROUND During the TH 169 Storm Sewer Improvement project it became necessary to relocate a manhole to avoid conflicts with an existing private utility's conduit. This change order represents the cost of this manhole relocation and the required reworking of the highway ditch. FUNDING The total cost for this change order is $3,522.22. Funding is available in the storm water - operating budget. ATTACHMENTS The Change Order, Engineers recommendation, and the resolution are attached. MOTION BY � i SECOND BY I:rfa \717Change0rder 1 RFA RESOLUTION NO. 03 - 09 • " 1110 013 EACH N (TH 169 Storm Sewer Improvement Project No. 717) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City entered into a $151,628.00 contract with F.F. Jedlicki Inc. for the TH 169 Storm Sewer Improvement Project No. 717; and WHEREAS, during the construction, it was necessary to readjust a certain manhole identified as CBMH107 to avoid a conflict with the Qwest conduit; and WHEREAS, the City Engineer has reviewed the completed work by the contractor and has determined it is reasonable to pay F.F. Jedlicki Inc. $3,522.22 for the work as requested in Change Order No. 1 to the contract attached hereto as Exhibit A NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That Change Order No. 1 to the TH 169 Storm Sewer Improvement contract in the amount of $3,522.22 (attached as Exhibit A) is hereby approved. Dated the 13` day of January, 2003. W. Peter Enck, Mayor Attest: /z�v t— Valerie Leone, ity Jerk P:\ATTORNEY \CNH RESOLUTIONS \CNH99.10030 - 004 -RESO APPR CHANGE ORDER(PROJECT 717).DOC CHANGE ORDER NO. 1 TH 169 STORM SEWER IMPROVEMENTS CLIENT PROJECT NO. 717 BRA FILE NO. 34 -02 -133 Description of Work Part A - Manhole Relocation Existing Qwest conduits conflicted with the proposed storm sewer alignment. Manhole and pipe locations were adjusted to facilitate the construction. Extensive adjustments were made to catch basin manhole 107 to accommodate the conduit location as well as MnDot right -of -way slide slope standards. This manhole was moved and reconfigured to meet these requirements. The contractor completed this work on a time and material basis. The equipment, labor, and material cost for all of the work was $3,522.22. 1'i ' No. Item Unit Contract Quantity Unit Price Total Amount 1 Manhole Relocation LS $3,522.22 $3,522.22 TOTAL CHANGE ORDER NO. 1 $3,522.22 Original Contract Amount $151,628.00 Previous Change Orders $0.00 This Change Order $3,522.22 Revised Contract Amount (including this change order) $155,150.22 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Date: Approved by Contractor: FF. Jedlicki Inc. P074 cc: Owner Contractor Bonding Company Bonestroo & Assoc. Approved by Owner: CITY OF NEW HOPE Date 3 January 3, 2003 Mr. Tom Schuster City of New Hope 5500 International Pkwy. New Hope, I � 55428 Re: TH 169 Storm Sec. °er Improvements, City Project No. 717 C'.':aii.s-,e Order #1 BRRA # 34 -02 -133 Lear Tom: Since the initiation of this project, potential conflicts with private utilities and the installation of the new storm sewer were anticipated, namely a conflict between a Qwest -owned concrete conduit lying parallel to TH 169 and the proposed storm sewer. The contractor was able to work around the conduit with minimal adjustment throughout the majority of the project. However, because of an inconsistent conduit alignment, the storm sewer was installed closer to TH 169 for a short distance. CBMH 107 was moved west (closer to TH 169) to avoid the Qwest conduit. After the original storm sewer installation, further relocation and modification was required to comply with MNDOT's proposed ditch grading associated with the sound wall installation and with MnDOT side slope standards. CBMH 107 was moved north and reconfigured to meet the anticipated grading requirements. Further modifications may be required in conjunction with the sound wall construction. These modifications will be coordinated with MnDOT in the summer of 2003. The attached Change Order #1 accounts for the modifications to CBMH 107 completed under this contract. The contractor completed the work on a time and material basis. This allowed the work to be completed efficiently and in a timely manner. The cost of modifying CBMH 107, including all equipment, labor, and additional material costs is $3,522.22. We recommend that the City Council approve Change Order #1 in the amount of $3,522.22. This will increase the amount of the contract for the project from $151,628.00 to $155,150.22. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top Enclosure 2335 West Highway 36 a St. Paul, MN 55113 . 651 - 636 -4600 • Fax: 651-636 -1311 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer B onest roo, JA iJ® ®�C.,••J and Employee Owned R osene principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, PE. • Glenn R. Cook, PE. • Robert G. Schunicht. P.E. Jerry A. Bourdon, P.E. A nderlik & Senior Consultants: Robert W. Rosene, PE. • Joseph C. Anderlik, PE. • Richard E. Turner, PE. • Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferle, RE. • Richard W. Foster, PE. • David O. Loskota, PE. ee• �^ t� A ssociates Mark A. Hanson, PE. • Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth P Anderson, RE. • Mark R. Rolfs, P.E. David A. Bonestroo, M.B.A. • Sidney P Williamson, RE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. - Engin eers &Architects Thomas W. Peterson, PE. • James R. Maland, P.E. • Miles B. Jensen, PE. • L. Phillip Gravel ill, P.E. • Daniel J. Edgerton, PE. g Ismael Martinez, P.E. • Thomas A. Syfko, P.E. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, PE. Robert J. Devery, PE. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com January 3, 2003 Mr. Tom Schuster City of New Hope 5500 International Pkwy. New Hope, I � 55428 Re: TH 169 Storm Sec. °er Improvements, City Project No. 717 C'.':aii.s-,e Order #1 BRRA # 34 -02 -133 Lear Tom: Since the initiation of this project, potential conflicts with private utilities and the installation of the new storm sewer were anticipated, namely a conflict between a Qwest -owned concrete conduit lying parallel to TH 169 and the proposed storm sewer. The contractor was able to work around the conduit with minimal adjustment throughout the majority of the project. However, because of an inconsistent conduit alignment, the storm sewer was installed closer to TH 169 for a short distance. CBMH 107 was moved west (closer to TH 169) to avoid the Qwest conduit. After the original storm sewer installation, further relocation and modification was required to comply with MNDOT's proposed ditch grading associated with the sound wall installation and with MnDOT side slope standards. CBMH 107 was moved north and reconfigured to meet the anticipated grading requirements. Further modifications may be required in conjunction with the sound wall construction. These modifications will be coordinated with MnDOT in the summer of 2003. The attached Change Order #1 accounts for the modifications to CBMH 107 completed under this contract. The contractor completed the work on a time and material basis. This allowed the work to be completed efficiently and in a timely manner. The cost of modifying CBMH 107, including all equipment, labor, and additional material costs is $3,522.22. We recommend that the City Council approve Change Order #1 in the amount of $3,522.22. This will increase the amount of the contract for the project from $151,628.00 to $155,150.22. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top Enclosure 2335 West Highway 36 a St. Paul, MN 55113 . 651 - 636 -4600 • Fax: 651-636 -1311 A AW January 16, 2003 F.F. Jedlicki, Inc. 14203 West 62 Street Eden Prairie, MN 55346 Subject: Change Order No. 1 — Project No. 717 (TH 169 Storm Sewer Improvements) Enclosed for your records are two fully executed copies for the above-referenced Change Order. Please forward one copy to your bonding company. The change order amount was $3,522.22. This change order was approved by the New Hope City Council at its meeting of January 13, 2003. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works Vince Vander Top, BRAA 4401 Xylon Avenue North ® New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 ® Police (non-emergency): 763-531-5170 • Public Works: 763-592-6777 ® TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 -7 , 7 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works July 21, 2003 Work Session Item No. By: Guy Johnson B 11.2 RESOLUTION APPROVING CHANGE ORDER NO. 2 TO REMOVE STORM WATER PIPE FOR TH 169 STORM WATER IMPROVEMENT (PROJECT NO. 717) REQUESTED ACTION Staff is recommending that the Council approve Change Order Number 2 in the amount of $8,205 to the 169 Storm Water Improvement Project contract with F. F. Jedlicki, Inc. BACKGROUND The city awarded F. F. Jedlicki, Inc., a contract in the amount of $155,150.22 to relocate and update the storm water system along TH 169 right -of -way in preparation for Mn /DOT's new noise wall on September 23, 2002. The city had been informed by Mn /DOT that their policy required the removal of all abandoned piping in their right -of -way. Prior to receiving quotes for the storm sewer improvement project, the work necessary for removing 441 feet of existing twenty -four inch storm water pipe was deleted from the specifications by addendum. After the start of the bidding process, the city was informed that Qwest Communications would not complete the abandonment of their conduit until the summer of 2003. Because Qwest's conduit was parallel, in close proximity, and above this section of the city's storm pipe, the work had to be deleted last year. Although Qwest still has not removed their conduit, Mn /DOT's noise wall contractor has started the project and will begin wall construction on the 36th Avenue end of the project and work towards Qwest's conduit and the city's storm pipe at the south end of the project. Mn /DOT has informed the city this past week that Qwest has completed the transfer of all their circuits and will be removing the conduit shortly. This change order represents the cost of the removal of the city's storm water pipe. Besides the work covered in this change order with Jedlicki, staff recommends that the city retain STS Consultants, LTD., (soil consultant) to ensure the soil compaction in the excavation area after the pipe removal meets Mn /DOT's specifications. Estimated costs for this portion of the work are between $1,200 and $1,500 depending on the soil conditions. FUNDING The total cost for the proposed work would be $9,705 with the change order being $8,205. Funding is available in the storm water operating budget. ATTACHMENTS The Change Order and the resolution are attached. MOTION BY �� SECOND BY / 't, /( .. - I: rfa \Pubworks120031717ChangeOrder No 2 CITY OF NEW HOPE RESOLUTION NO. 03- 112 RESOLUTION APPROVING CHANGE ORDER NO. 2 TO REMOVE STORM WATER PIPE FOR TH 169 STORM SEWER IMPROVEMENT PROJECT 717 WHEREAS, the City has a contract with F. F. Jedlicki, Inc, for the TH 169 Storm Sewer Improvement Project No. 717 in the amount of $155,150.22; and, WHEREAS, the removal of 441 feet of storm water pipe is necessary for the construction of a Minnesota Department of Transportation noise wall; and, WHEREAS, the City Engineer has prepared specifications for the work requested in Change order No. 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That Change Order No. 2 to the TH 169 Storm Sewer Improvement contract in the amount of $8,205 is hereby approved. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 21 day of July 2003. 2 Mayor Attest: ;it(yClerk Bonestroo Rosene ffADE Anderlik & Associates Engineers & Architects )weer: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date July 2, 200: 1ontractor: F. E Jedlicki, 14203 W. 62nd St., Eden Prairie, MN 55346 3ond Company: Great American Ins. Co. - OH, 580 Walnut St., Cincinnati, OH 45204 Bond No: FS557541 CHANGE ORDER NO. 2 TH 169 STORM SEWER IMPROVEMENTS - 30TH AVE. TO 34TH AVE. CLIENT PROJECT NO. 717 BRA FILE NO. 34 -01 -133 Description of Work Storm Sewer Pipe Removal This Change Order provides that the existing 24 -inch RCP from MH -101 to MH -103 is to be removed as shown on drawing sheet C501. This pipe could not be removed initially due to the location of Qwest phone lines lying above the storm sewer pipe. MN/DOT has ordered the removal of the 24 -inch storm sewer pipe to install a sound wall along T.H. 169. Upon the removal/relocation of the Qwest lines, the 24 -inch RCP is to be removed. After removal of the pipe, the trench shall be backfilled and compacted to 98% Standard Proctor. The compaction shall meet the specifications of Section 02330, 3.03, D. The City will be responsible for any compaction testing. The work will be completed per the specifications and the following unit prices: Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 2 1 MOBILIZATION 2 TRENCH BACKFILL COMPACTION 3 REMOVE REINFORCED CONCRETE PIPE (RCP) Total CHANGE ORDER NO. 2: LS 1 $3,795.00 $3,795.00 LF 441 $5.00 $2,205.00 LF 441 $5.00 $2,205.00 $8,205.00 3401133CH02 Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: xI; JEDLICKI $151,628.00 $3,522.22 $8,205.00 $163,355.22 Approved by Owner: Ci i a' Or NEW HOME Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. Date 3401133CH02 September 11, 2003 F.F. Jedlicki, Inc. 14203 West 62 Street Eden Prairie, MN 55346 Subject: Change Order No. 2 — Project No. 717 (TH 169 Storm Sewer Improvements) Enclosed for your records are two fully executed copies for the above-referenced Change Order. Please forward one copy to your bonding company. The change order amount was $8,205. This change order was approved by the New Hope City Council at its meeting of July 21, 2003. Sincerely, I LI /C Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works Vince Vander Top, BRAA 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 ® www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non-emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works December 8, 2003 Consent Item No. By: Guy Johnson By: ; 6 . 7 RESOLUTION TO ACCEPT THE T.H. 169 STORM SEWER IMPROVEMENT PROJECT AND TO APPROVE FINAL PAYMENT REQUEST (IMPROVEMENT PROJECT 717) REQUESTED ACTION Staff recommends that Council approve a resolution to accept the T. H. 169 Storm Sewer Improvement Project and authorize final payment to F. F. Jedlicki, Inc., in the amount of $8,086.77. BACKGROUND This project was necessary to accommodate the construction of the sound wall along Trunk Highway 169 between 30th and 36th avenues. That sound wall was constructed by Mn /DOT earlier this summer. The storm sewer line in the right of way had to be relocated to the west of its existing location so that the concrete sound wall posts could be installed. If this storm sewer line had not been relocated, the sound wall could not have been built. In addition to clearing the area to provide room for the sound wall, the reconstruction of the storm sewer system allowed for improved system capacity and improvements to the drainage of the surrounding neighborhood. During the T.H. 169 Storm Sewer Improvement project it became necessary to process two change orders. The first was to relocate a manhole to avoid conflicts with an existing private utility's conduit. The second was to fill the portion of the abandoned pipe in closest proximity to the sound wall alignment with sand. FUNDING Funds for this project are available through the Storm Water Utility fund. The final value of the project is $161,735.34, about 1% less than the original contract amount. ATTACHMENTS Attached is the resolution and engineer's memorandum recommending the acceptance of the project and the final pay request. MOTION BY SECOND BY TO: d I\RFA \Public works\ 2003\ 717 Final CITY OF NEW HOPE RESOLUTION NO. 03- 178 RESOLUTION APPROVING FINAL PAYMENT REQUEST TO F. F. JEDLICKI, INC. FOR 169 STORM SEWER IMPROVEMENT PROJECT (IMPROVEMENT PROJECT 717) WHEREAS, the City has entered into a contract with F. F. Jedlicki, Inc. for the construction of the 169 Storm Sewer Improvement Project No. 717, and WHEREAS, the City by and through its City Engineer agree the project is now complete and the $8,086.77 final payment should be made to the contractor, and WHEREAS, the final value of the work completed is $161,735.34 which is one per cent less than the original contract amount due to postponement of a portion of the work on Independence Avenue. 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 the final contract amount with F. F. Jedlicki, Inc. in the amount of $161,735.34. 2. That the City Manager is authorized to make the $8,086.77 final payment on the contract with F.F. Jedlicki, Inc. based on the approved contract amount subject to the contractor submitting the appropriate IC -134 forms. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 8 th day of December, 2003. W. Peter Enck, Mayor` Attest: - 2LA4 Valerie Leone, City Clerk P:\Attorney \Cnh Resolutions \CNH99.10030 -012- reso approving F.F. Jedlicki final pay request project 717.doc Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, RE. • Marvin L. Sorvala, P.E. - Glenn R. Cook, P,E. - Robert G. Schunicht, RE. Jerry A. Bourdon, RE. • Mark A. Hanson, RE. Senior Consultants: Robert W. Rosene, RE. - Joseph C. Anderlik, RE. • Richard E. Turner, P.E. • Susan M. Ebedin, CP.A. Associate Principals: Keith A. Gordon, RE. • Robert R. Pfefferle, P.E. • Richard W. Foster, RE. • David O. Loskota, P.E. Michael L Rautmann, P.E. - Ted K. Field, RE. • Kenneth P Anderson, PE. - Mark R. Rolfs, RE. • David A. Bonestroo, M.B.A. Sidney R Williamson, RE., LS, - Agnes M. Ring, M.B.A. - Allan Rick Schmidt, RE. - Thomas W. Peterson, PE. - James R. Maland, RE. • Miles B. Jensen, PE. • L. Phillip Gravel fit, RE. - Daniel J. Edgerton, RE. • Ismael Martinez, RE. Thomas A. Syfko, RE. - Sheldon J. Johnson - Dale A. Grove, PE. • Thomas A. Roushar, RE. - Robert J. Devery, RE. Offices: St. Paul, St. Cloud, Rochester and Willmar, h1N - Milwaukee, WI • Chicago, IL Website: www.bonestroo.com December 1, 2003 Mr. Tom Schuster City of New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: T.H. 169 Storm Sewer Improvements City Project No. 717 Bonestroo Project No. 34 -01 -133 Dear Tom: Enclosed find the signed final pay request for the T.H. 169 Storm Sewer Improvements project. All work is complete. We recommend final payment in the amount of $8,086.77 to F.F. Jedlicki, Inc. The final value of work completed is $161,735,34, or $1,619.88 (1.0 %) less than the original contract. The savings are due to a portion of the storm sewer work to be done on Independence Avenue being postponed. This work is to be performed in conjunction with the 2004 Infrastructure Improvements project. The contractor will be submitting signed IC -134 forms. If you have questions, please contact me at 651- 604 -4938. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Jason Quisberg enclosure 2335 West Highway 36 n St. Paul, MN 55113 ® 651-636-4600 a Fax: 651-636-1311 Bonestroo Rosene Anderlik & Associates Engineers & Architects Dwner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: November 18 2003 or Period: 9/17/2003 to 11/18/2003 Request No: 6 AND FINAL 'ontractor: F. F. Jedlicki, 14203 W. 62nd St., Eden Prairie, MN 55346 CONTRACTOR'S REQUEST FOR PAYMENT TH 169 STORM SEWER IMPROVEMENTS - 30TH AVE TO 34TH AVE BRA FILE NO. 34 -01 -133 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 151,628.00 $ 1 1,727.22 $ 0.00 $ 163,35522 $ 161,735.34 $ 0.00 $ 161,735.34 $ 0.00 $ 161,735.34 $ 153,648.57 $ 0.00 6 AND FINAL $ 8,086.77 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: F. F. JEELI I A. Appr e b wner: CITY HOPE Specified Contract Completion Date: June 15, 2003 Date: 3401133REQ6Final Change Order Number 1 1 MANHOLE RELOCATION LS 1 3522.22 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date Base Bid LS 1 3795.00 1 $3,795.00 2 TRENCH BACKFILL COMPACTION 1 MOBILIZATION LS 1 7000.00 1 $7,000.00 2 CLEAR AND GRUB TREE 50 80.00 92 $7,360.00 3 REMOVE MANHOLE EA 4 390.00 2 $780.00 4 REMOVE STORM SEWER PIPE LF 369 5.00 332 $1,660.00 5 REMOVE CONCRETE CURB AND GUTTER LF 40 6.00 16 $96.00 6 REMOVE BITUMINOUS PAVEMENT SY 90 4.00 31 $124.00 7 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 120 12.00 127 $1,524.00 8 SALVAGE AND REINSTALL WOODEN FENCE LF 50 15.00 33 $495.00 9 SALVAGE AND REINSTALL GARDEN SHED LS 1 550.00 1 $550.00 10 PROTECTION OF CATCH BASIN, NON - STREET EA 2 150.00 $0.00 11 HAY BALES EA 20 10.00 $0.00 12 SILT FENCE, TYPE REGULAR LF 1700 2.00 1700 $3,400.00 13 4' DIAMETER STORM SEWER MH EA 2 1600.00 2 $3,200.00 14 4' DIAMETER STORM CBMH EA 1 1700.00 2 $3,400.00 15 5' DIAMETER STORM CBMH EA 1 2500.00 1 $2,500.00 16 6' DIAMETER STORM SEWER MH EA 2 3300.00 2 $6,600.00 17 CONSTRUCT MH OVER EXISTING PIPE EA 1 2150.00 1 $2,150.00 18 CONSTRUCT BURIED MH OVER EXISTING PIP EA 1 2500.00 1 $2,500.00 19 2'X 3' CB, INCL R- 3067 -V CSTG AND CONC ADJ RINGS EA 1 1400.00 $0.00 20 24" RCP FLARED END SECTION EA 1 550.00 1 $550.00 21 36" RCP STORM SEWER, CLASS 3 LF 610 92.00 610 $56,120.00 22 24" RCP STORM SEWER, CLASS 3 LF 342 45.00 342 $15,390.00 23 18" RCP STORM SEWER, CLASS 5 LF 30 27.00 $0.00 24 12" RCP STORM SEWER, CLASS 5 LF 982 24.00 976 $23,424.00 25 CLASS III RANDOM RIPRAP CY 5 80.00 12 $960.00 26 TYPE 31 BITUMINOUS BASE COURSE TN 5 110.00 $0.00 27 BITUMINOUS WEAR COURSE, TYPE 41A TN 2.5 110.00 3 $330.00 28 TYPE 41 BITUMINOUS MIXTURE FOR DRIVEWAYS TN 10 110.00 6 $660.00 29 AGGREGATE BASE, CLASS 5 TN 30 24.00 68.13 $1,635.12 30 8618 CONCRETE CURB AND GUTTER LF 40 30.00 16 $480.00 31 TOPSOIL BORROW (LV) CY 50 11.00 $0.00 32 SODDING, LAWN TYPE SY 1000 5.00 785 $3,925.00 33 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 2 1000.00 1.8 $1,800.00 34 TRAFFIC CONTROL LS 1 1700.00 1 $1,700.00 Total Base Bid $150,313.12 Change Order Number 1 1 MANHOLE RELOCATION LS 1 3522.22 1 $3,522.22 Total Change Order No. 1 $3,522.22 Change Order Number 2 1 MOBILIZATION LS 1 3795.00 1 $3,795.00 2 TRENCH BACKFILL COMPACTION LF 441 5.00 410.5 $2,052.50 3 REMOVE REINFORCED CONCRETE PIPE (RCF LF 441 5.00 410.5 $2,052.50 Total Change Order No. 2 $7,900.00 Total Base Bid $150,313.12 Total Change Order No. 1 $3,522.22 Total Change Order No. 2 $7,900.00 Total Work Completed To Date $161,735.34 3401133REQ6Final PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE BRA FILE NO. 34 -01 -133 CONTRACTOR F. F. JEDLICKI CHANGE ORDERS No. Date QPSCrintinn Amnunt 1 1/3/2003 This Change Order provides for additional work on this project. See Change Order. $3,522.22 2 6130/2003 This Change Order provides for additional work required on this project. See Change Order. $8,205.00 12/10/02 50,249.41 7,063.96 141,279.12 3 12/11/2002 01/03/03 3,346.11 Total Change Orders $11,727.22 PAYMENT SUMMARY No. From To Pavment RetainanP ('mmnlataA 1 10/22/2002 11/04/02 83,965.75 4,419.25 88,385.00 2 11/05/2002 12/10/02 50,249.41 7,063.96 141,279.12 3 12/11/2002 01/03/03 3,346.11 7,240.07 144,801.34 4 01/04/2003 1 06/25/03 8,582.30 7,691.77 153,835.34 5 1 06/26/2003 09/16/03 7,505.00 8,086.77 161,735.34 6 AND FINAL 1 09/17/2003 11/18/03 8,086.77 161,735.34 Material on Hand Total Payment to Date $161,735.34 Original Contract $151,628.00 Retaina e Pay No. 6 AND FINAL Chan e Orders $11,727.22 Total Amount Earned $161,735.34 Revised Contract $163,355.22 3401133REQ6Final