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COUNCIL — M*:(014 Originating Department Public Works Johnson its Wt, mmm Approved for Agenda 0 • M Agenda Section ment and Planni Item No. RESOLUTIONS ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR CONSTRUCTION OF THE 2004 STREET INFRASTRUCTURE PLAN IMPROVEMENT PROJECT NO. 759 REQUESTED ACTION Staff requests approval of a resolution ordering construction of the 2004 Street Infrastructure Plan Improvement Project 759, and of a resolution awarding the contract to the low and responsible bidder, Doboszenski & Sons Inc., in the amount of $2,224,213.59. This price is the total of the Base Bid of $2,195,485.19, and Alternate 1, $19,256.60, and Alternate 2, $9,471.80. The engineer's estimate for the base bid, plus the two alternates, and indirect costs, was $2,883,500.00. BACKGROUND The proposed 2004 Infrastructure Project includes improvements to streets and utilities in the southwest part of the city in 2004. Some street segments in this area, especially those in need of utility upgrades, will be completely reconstructed with new water mains and /or storm sewer lines installed, and new curbs and pavement. Other streets, those with deteriorating pavement but without utility issues, will be milled and overlaid. A public informational meeting concerning this project was held on Tuesday, January 13, 2004. On February 9, 2004, the City Council was presented a Feasibility Report for the project, held a Public Hearing, and ordered the preparation of plans and specifications. Council approved these plans and specifications at its February 23, 2004, meeting. The proposed project schedule is to start construction in May 2004, Alternates 1 and 2 are storm water improvements in the area of 50th Avenue and Xylon Avenue. Alternate 1 is the storm water infrastructure work in the street right -of -way that staff recommends completing prior to this year's seal coat project in the same neighborhood. Alternate 2 is additional storm water work that would be connected to the storm water pipe in Alternate 1, and would drain a large low area in the backyards of a number of homes. The award of Alternate 2 is contingent on the acquisition of the easements necessary to complete this improvement. u• • TO SECOND BY I:RFA\Pubworks\2004 \759 Awarding Contract 4 -12-U4 Request for Action Page 2 April 12, 2004 FUNDING Bids were received from seven firms, with the low bidder being Doboszenski & Sons Inc., at $2,224,213.59. Proposed project funding: • Assessment Amount • City Assessment Amount • Utility Fund • Storm Water Fund • Street Infrastructure Fund $22,899.00 $10,017.22 $606,527.65 $124,991.64 $1,459,778.08 TOTAL: $2,224,213.59 ATTACHMENTS The engineer's memorandum, copies of the bid tabulations, the resolution ordering the project and the resolution awarding the contract are attached. RESOLUTION NO 04- 78 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE 2004 STREET INFRASTRUCTURE IMPROVEMENT PROJECT NO. 759 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of 2004 Street Infrastructure Improvement Project No. 759 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 1:30 o'clock p.m. on the 30t day of March, 2004, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope - Golden Valley Sun -Post, the official newspaper of the City, on the 511 and 12 days of March, 2004, and in The Construction Bulletin on the 411 day of March, 2004. 3. It is hereby found and determined by this Council that the bid of Doboszenski & Sons, Inc. for the construction of said project in the amount of $ 2,195,485.19 is the lowest responsible bid submitted for the construction of said improvement. Said bid consists of a $2,195,485.19 base bid and bids for Alternate 1 and 2 of $19,256.60 and $9,471.80 respectively. However, the award of the Alternate 2 portion of this bid shall be contingent upon the City receiving the appropriate easements necessary to construct Alternate 2 as recommended by the City Engineer; 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 Doboszenski & Sons, Inc. the designated lowest responsible bid. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with Doboszenski & Sons, Inc. the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 12t day of April, 2004. Do oilier, Mayor Attest: i Valerie Leone, City Clerk P:'.ATTORNEMNH RESOLUTIONS\CNH99 .6759ORESOLUTION AWARDING CONTRACT2.DOC —1— JENSEN & SONDRALL, P.A. Attorneys At Law DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail lawga,j ensen- sondrall.com April 7, 2004 Guy Johnson Public Works Director City of New Hope Department of Public Works 6500 International Parkway New Hope, MN 55428 RE: Resolution Awarding Contract for 2004 Street Improvement Project 759 Our File No:. 99.67590 Dear Guy: Enclosed please find for consideration at the April 12, 2004 Council Meeting a proposed "RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE 2004 STREET INFRASTRUCTURE IMPROVEMENT PROJECT NO. 759 ". This resolution will award the contract to Doboszenski & Sons, Inc. as indicated in your RFA. Please contact me if you have any questions or comments regarding the enclosed resolution. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL,P.A. sas@jensen-sondrall.com Direct Dial (763)201-0211 Enclosure(s) cc: Valerie Leone Dale Reed Vince Vander Top P.Wttorne)%,SASU Client Files,2 City of New Hopo'99- 6759011tr GJohnson awarding contract.doc Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 2004 Infrastructure Improvements Project City Project No. 759 File No. 34 -03 -153 Recommendation of Contract Award Bids were opened for the Project stated above on Tuesday, March 30, 2004. Transmitted herewith are ten (10) copies of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of seven (7) Bids. The following summarizes the results of the Bids received: Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer C {. JA Bonestroo and Employee Owned R ®Jane Principals: Otto G. Bonestroo, RE. • Marvin I. Sor:ala, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. MEM Jerry A. Bourdon, RE. • Mark A. Hanson, PE. A nderlik & Senior Consultants: Robert W Rosene, RE. • Joseph C Anderlik, P.E. Richard E. Turner, PE. • Susan M Eberlin, CPA. A ssociates Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, PE. • Richard W. Foster, P.E. • David O. Loskota, P.E. $2,302,635.23 Michael T Rautmann, RE. • Ted K. Field, P.E. • Kenneth R Anderson, P.E. • Mark R. Rolfs, RE. • David A. Bonestroo, M.B.A. - Engineers & Architects Sidney P. Williamson, PE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, PE. • Thomas W Peterson, P.E. C. S. McCrossan Construction, Inc. James R. Maland, P.E. • Miles B. Jensen, PE. • L. Phillip Gravel III, PE. • Daniel J. Edgerton, RE. • Ismael Martinez, P.E. $24,008.00 Thomas A. Syfko, P.E. • Sheldon J. Johnson • Dale A. Grove, RE. • Thomas A. Roushar, PE. • Robert J. Devery, PE. #4 Offices: SC Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL April 1, 2004 Website: www.bonestroo.com Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 2004 Infrastructure Improvements Project City Project No. 759 File No. 34 -03 -153 Recommendation of Contract Award Bids were opened for the Project stated above on Tuesday, March 30, 2004. Transmitted herewith are ten (10) copies of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of seven (7) Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Doboszenski & Sons, Inc. with a Base Bid of $2,195,485.19. This compares to the Engineer's Estimate of $2,460,000.00. These Bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of Project. If the City Council wishes to award the Project to the low Bidder, then Doboszenski & Sons, Inc. should be awarded the Project on the Base Bid Amount of $2,195,485.19. Should you have any questions, please feel free to contact me at (651) 604 -4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. Enclosures 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651 - 636 -4600 ■ Fax: 651 -636 -1311 Contractor Base Bid Alternate 1 Alternate 2 Low Doboszenski & Sons, Inc. $2,195,485.19 $19,256.60 $9,471.80 #2 Northdale Construction Company, Inc. $2,302,635.23 $27,301.28 $11,866.96 #3 C. S. McCrossan Construction, Inc. $2,312,29100 $24,008.00 $8,088.00 #4 Thomas & Sons Construction, Inc. $2,366,163.75 $27,979.50 $13,762.00 #5 North Valley, Inc. $2,408,677.66 $24,053.50 $10,979.02 #6 Midwest Asphalt Corporation $2,456,507.35 $29,190.40 $11,311.60 #7 Palda & Sons, Inc. $2,532,974.33 $33,225.53 $18,117.08 The low Bidder on the Project was Doboszenski & Sons, Inc. with a Base Bid of $2,195,485.19. This compares to the Engineer's Estimate of $2,460,000.00. These Bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of Project. If the City Council wishes to award the Project to the low Bidder, then Doboszenski & Sons, Inc. should be awarded the Project on the Base Bid Amount of $2,195,485.19. Should you have any questions, please feel free to contact me at (651) 604 -4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. Enclosures 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651 - 636 -4600 ■ Fax: 651 -636 -1311 Bonestroo Rosene Anderlik & Associates Engineers & Architects City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 ENGINEER'S ESTIMATE 2004 CRACK REPAIR AND SEAL COAT BRA FILE NO. 34-04-160 NEW HOPE, MINNESOTA 2004 Opening Time: 1:30 P.M. C.D.S.T. Opening Date: Tuesday, May 4, 2004 No. Item Units Qty EE Unit Price EE Total Price Part 1 - Crack Repair Only 1 Route and seal LB 9,800 $1.10 $10,780.00 Total Part 1 - Crack Repair Only $10,780.00 Part 2 - Crack Repair and Seal Coat 2 Route and seal LB 9,500 $1.10 $10,450.00 3 Bituminous material for seal coat GL 19,000 $1.10 $20,900.00 4 Seal coat aggregate, FA -2 TN 1,000 $ 29.00 $29,000.00 Total Part 2 - Crack Repair and Seal Coat $60,350.00 Total Part 1 - Crack Repair Only $10,780.00 Total Part 2 - Crack Repair and S C $60,350.00 Total Project $71,130.00 3404160- EngEst.x1s P -1 Aj 13onestroo Rosene Project Name: 20Q4 Infrastructure Improvements Anderlik & City Project No.: 759 Associates Engineers & Architects Bid Opening: Tuesday, March 30, 2004, at 1:30 P.M. Bidder No. 1 BID TABULATION Doboszenski &Sons, inc. Item m Item Units Qt Unit Price Total File No.: 34 -03 -153 Owner: City of New Hope Bidder No. 2 Northdale Construction Company, Inc. Unit Price Total t hereby certify tht reproduction of bic Vincent T. Vander ar p Registration No. 24WcD Bidder No. 3 C. S. McCrossan Construction, Inc. Unit Price Total PART 1 - WATERMAIN: 1 MOBILIZATION LS 1 $31,672.57 $31,672.57 $38,113.00 $38,113.00 $120,000.00 $120,000.00 2 6" DIP WATER MAIN, CLASS 52 LF 7700 $18.53 $142,681.00 $18.04 $138,908.00 $18.00 $138,600.00 3 8" DIP WATER MAIN, CLASS 52 LF 1770 $22.34 $39,541.80 $21.49 $38,037.30 $22.00 $38,940.00 4 12" DIP WATER MAIN, CLASS 52 LF 1815 $31.12 $56 $29.35 $53,270.25 $30.00 $54,450.00 5 6" GATE VALVE AND BOX EA 41 $731.56 $29,993.96 $726.00 $29,766.00 $570.00 $23,370.00 6 8" GATE VALVE AND BOX EA 4 $956.68 $3,82672 $915.72 $3,662.88 $740.00 $2,960.00 7 12" BUTTERFLY VALVE AND BOX EA 4 $1,138.75 $4,555.00 $1,120.10 $4,480.40 $740.00 $2,960.00 8 DUCTILE IRON FITTINGS LB 8000 $1.25 $10,000.00 $1.45 $11,600.00 $3.60 $28,800.00 9 INSTALL HYDRANT EA 18 $1,851.04 $33,318.72 $1,682.94 $30,292.92 $2,800.00 $50,400.00 10 CONNECT TO EXISTING WATER MAIN EA 15 $399.50 $5,992.50 $750.00 $11,250.00 $340.00 $5,100.00 11 BULKHEAD EXISTING WATERMAIN EA 5 $29.11 $145.55 $250.00 $1,250.00 $100.00 $500.00 12 IMPROVED PIPE FOUNDATION LF 10000 $1.65 $16,500.00 $0.01 $100.00 $0.01 $100.00 13 REMOVE WATER MAIN LF 10700 $4.45 $47,615.00 $5.65 $60,455.00 $1.30 $13,910.00 14 REMOVE HYDRANT EA 18 $219.67 $3,954.06 $275.00 $4,950.00 $310.00 $5,580.00 15 RECONNECT EXISTING SERVICE EA 204 $116.40 $23,745.60 $195.51 $39,884.04 $58.00 $11,832,00 16 1" TYPE "K" COPPER WATER SERVICE LF 7400 $11.41 $84,434.00 $13.72 $101,528.00 $16.00 $118,400.00 17 1" CORP EA 204 $48.81 $9,957.24 $48.16 $9,824.64 $100.00 $20,400.00 18 1" CURB STOP AND BOX EA 204 $176.06 $35,916.24 $207.02 $42,232.08 $160.00 $32,640.00 19 INSULATION, 3" THICK SY 10 $18.16 $181.60 $17.15 $171.50 $13.00 $130.00 20 TEMPORARY WATER SERVICE LS 1 $23,859.29 $23,859.29 $23,500.00 $23,500.00 $54,700.00 $54,700.00 21 CLEAR AND GRUB TREES EA 10 $215.40 $2,154.00 $425.00 $4,250.00 $200.00 $2,000.00 TOTAL PART 1 - WATERMAIN $606,527.65 $647,526.01 $725,772.00 PART 2 - STREET IMPROVEMENTS: 22 TRAFFIC CONTROL LS 1 $4,072.22 $4,072.22 $4,500.00 $4,500.00 $2,600.00 $2,600.00 23 REMOVE CONCRETE CURB AND GUTTER LF 21650 $2.40 $51,960.00 $210 $45,465.00 $1.60 $34,640.00 24 B618 CONCRETE CURB AND GUTTER LF 21650 $8.45 $182,942.50 $7.95 $172,117.50 $8.00 $173,200.00 25 REMOVE CONCRETE SIDEWALK SY 230 $2.98 $685.40 $5.75 $1,322.50 $7.40 $1,702.00 26 4" CONCRETE SIDEWALK SF 2070 $3.43 $7,100.10 $3.05 $6,313.50 $4.20 $8,694.00 27 PEDESTRIAN CURB RAMP EA 3 $305.42 $916.26 $302.10 $906.30 $350.00 $1,050.00 28 AGGREGATE BASE, CLASS 5 (CV) CY 9000' $22.90 $206,100.00 $23.34 $210,060.00 $12.00 $108,000.00 29 SELECT GRANULAR BORROW (CV) CY 8000 $13.20 $105,600.00 $15.75 $126,000,00 $15.00 $120,000.00 30 GEOTEXTILE FABRIC, TYPE V, WOVEN SY 16800 $0.94 $15,792.00 $1.16 $19,488.00 $1.40 $23,520.00 31 GEOTEXTILE FABRIC, TYPE V, NOW WOVEN SY 26300 $1.04 $27,352.00 $1.33 $34,979.00 $1.40 $36,820.00 32 COMMON EXCAVATION (EV) CY 21600 $7.40 $159,840.00 $9.67 $208,872.00 $3.00 $64,800.00 33 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 4900 $32.91 $161,259.00 $31.80 $155,820.001 $30.30 $148,470.00 3403153BT.xls BT -1 BID TABULATION Item '4um Item 34 TYPE LV 4 WEARING COURSE MIXTURE (B) 35 BITUMINOUS MATERIAL FOR TACK COAT 36 6" CONCRETE DRIVEWAY PAVEMENT 37 TYPE LV 4 BITUMINOUS MIXTURE (B), FOR DRIVEWAYS 38 REMOVE CONCRETE DRIVEWAY PAVEMENT 39 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 40 REMOVE AND INSTALL NEW R3067V CASTING 41 REMOVE AND INSTALL NEW R1642B CASTING 42 RECLAIM BITUMINOUS PAVEMENT 43 SAW BITUMINOUS PAVEMENT 44 SALVAGE AND RE -USE CLASS 5 AND RECLAIMS BITUMINOUS PAVEMENT (CV) 45 SODDING, LAWN TYPE 46 TOPSOIL BORROW (LV) 47 SALVAGE AND REINSTALL MAILBOXES 48 TEMPORARY MAILBOXES 49 WATER FOR DUST CONTROL 50 STREET SWEEPER WITH OPERATOR 51 MOTOR GRADER WITH OPERATOR 52 4" PERFORATED PVC DRAINTILE, SDR 35 53 CONNECT DRAINTILE TO EXISTING STRUCTURE 54 ADJUST FRAME AND RING CASTING 55 RECONSTRUCT MANHOLE 56 STORM DRAIN INLET PROTECTION 57 SALVAGE AND REINSTALL SIGNS TOTAL PART 2- STREET IMPROVEMENTS PART 3 - MILL AND OVERLAY: 58 TYPE LV 4 WEARING COURSE MIXTURE (B) 59 MILL BITUMINOUS PAVEMENT (1 -112" DEEP) 60 BITUMINOUS MATERIAL FOR TACK COAT 61 ADJUST VALVE BOX 62 ADJUST FRAME AND RING CASTING 63 REMOVE BITUMINOUS PAVEMENT 64 TYPE LV 3 BITUMINOUS MIXTURE (B), FOR PATCHING 3403153BT.xls TN GAL SY TN SY SY EA EA SY LF CY SY CY LS LS 1000 GAL HR HR LF EA EA LF EA LS 3700 1950 2750 350 0 36900 700 2100 18500 2100 1 1 250 30 40 M1[iZ1 44 52 10 30 1 TN 1400 SY 7300 GAL 700 EA 5 EA 16 SY 150 TN 45 Bidder No. 1 Doboszenski & Sons, Inc. Unit Price T ots $35,74 $1.23 $40.16 $91.15 $4.58 $3.59 $512.09 $623.59 $0.41 $3.27 $132,238.00 $2,398.50 $110,440.00 $31,902.50 $5,954.00 $7,180.00 $12,290.16 $32,426.68 $15,129.00 $2,289.00 $7.40 $2.05 $3.95 $9,169.93 $1,133.05 $29.50 $101.81 $146.14 $5.55 $111.06 $183.40 $156.34 $495.15 $2,143.28 $15,540.00 $37,925.00 $8,295.00 $9,169.93 $1,133.05 $7,375.00 $3,054.30 $5,845.60 $13,320.00 $4,886.64 $9,536.80 $1,563.40 $14,854.50 $2,143.28 $1,410,509.82 $35.74 $50,036.00 $0.70 $5,110.00 $1.23 $861.00 $122.15 $610.75 $293.01 $4,688.16 $1.75 $262.50 $80.37 $3,616.65 BT -2 Bidder No. 2 Northdale Construction Company, Inc. Unit Price Total $34.98 $129,426.00 $1.44 $2,808.00 $36.46 $100,265.00 $68.90 $24,115.00 $7.50 $9,750.00 $2.75 $5,500.00 $363.91 $8,73184 $338.52 $17,603.04 $0.57 $21,033.00 $4.25 $2,975.00 $6,85 $2.02 $10.50 $9,150.00 $4,500.00 $12.50 $110.00 $125.00 $14,385.0 $37,370.0 $22,050.0 $9,150.0 $4,500.0 $3,125.0 $3,300,0 $5,000.0 $12.50 $125.00 $150.00 $325.00 $45.00 $2,500.00 $30,000.0 $5,500.0 $7,800.0 $3,250.0 $1,350.0 $2,500.0 $1,457,332.6 Bidder No. 3 C. S. McCrossan Construction, Inc. Unit Price Total $34.40 $2.10 $36.00 $88.00 $5.00 $3.20 $680.00 $550.00 $4.50 $3.00 $12.00 $2.10 $12.00 $7,100.00 $7,600.00 $32.00 $110.00 $120.00 $9.00 $120.00 $350.00 $170.00 $100.00 $1,000.00 $127,280.00 $4,095.00 $99,000.00 $30,800.00 $6,500.00 $6,400.00 $16,320.00 $28,600.00 $166,050.00 $2,100.00 $25,200.00 $38,850.00 $25,200.00 $7,100.00 $7,600.00 $8,000.00 $3,300.00 $4,800.00 $21,600.00 $5,280.00 $18,200.00 $1,700.00 $3,000.00 $1,000.00 $1,381,471.00 $35.19 $49,266.00 $30.00 $42,000.00 $0.99 $7,227.00 $0.48 $3,504.00 $1.44 $1,008.00 $2.10 $1,470.00 $135.00 $675.00 $210.00 $1,050.00 $175.00 $2,800.00 $350.00 $5,600.00 $3.75 $562.50 $6.00 $900.00 $68,90 $3,100.501 $70.00 $3,150.00 BID TABULATION Item Num Item 65 REMOVE AND INSTALL NEW CONCRETE CURB AND GUTTER 66 1" CORPORATION STOP WITH 12" SADDLE 67 1" TYPE "K" COPPER WATER SERVICE 68 1" CURB STOP AND BOX 69 CUT 4" SANITARY SERVICE INTO 9" VCP 70 4" PVC, SDR 26 SERVICE PIPE TOTAL PART 3 - MILL AND OVERLAY PART 4 - STORM SEWER: 71 SALVAGE AND REINSTALL RETAINING WALL 72 12" STORM SEWER 73 15" STORM SEWER 74 18" STORM SEWER 75 27" RCP STORM SEWER, CLASS 3 76 36" RCP STORM SEWER, CLASS 3 77 4' DIAMETER STORM SEWER MH 78 4' DIAMETER STORM CBMH, INCL. CSTG. 79 5' DIAMETER STORM CBMH, INCL, CSTG. 80 YARD DRAIN, INCL. CSTG. 81 2'X T CB, INCL. R- 3067 -V CSTG, 82 4' DIAMETER STRUCTURE OVERDEPTH 83 CONNECT TO EXISTING PIPE 84 CONNECT EXISTING STORM PIPE TO STRUCTURE 85 CONNECT STORM PIPE TO EXISTING STRUCTURE 86 IMPROVED PIPE FOUNDATION 87 REMOVE STORM SEWER PIPE 88 REMOVE STORM STRUCTURE 89 TRANSPLANT DOGWOOD 90 4" PVC, SCHEDULE 40 91 REMOVE FENCE 92 SILT FENCE TOTAL PART 4 - STORM SEWER BASE BID: TOTAL PART 1 - WATERMAIN TOTAL PART 2- STREET IMPROVEMENTS TOTAL PART 3 - MILL AND OVERLAY TOTAL PART 4 - STORM SEWER TOTAL BASE BID IN EA LF EA EA LF SF LF LF LF LF LF EA EA EA EA EA LF EA EA EA LF LF EA EA LF LF LF 2 80 2 2 80 275 371 1174 15 14 1 1 5 12 1 3 3 1000 594 6 5 40 30 200 Bidder No. 1 Doboszenski & Sons, Inc. Price Total Bidder No. 2 Northdale Construction Company, Inc. Unit Price Total Bidder No. 3 C. S. McCrossan Construction, Inc. $17.76 $114.17 $11.34 $177.45 $269.29 $9.53 $14,208.00 $228.34 $907,20 $354.90 $538.58 $762.40 $20.40 $171.45 $14.89 $217.01 $416.99 $15.17 $16,320.00 $21,600.00 $13.10 $18.26 $20.58 $23.74 $36.63 $56.79 $1,188.02 $1,396.88 $2,945.06 $629.72 $1,025.08 $89.79 $198.27 $199.19 $275,30 $1.69 $4.72 $89.30 $68.58 $3.69 $8.29 $2.33 $82,184.48 $3,602.50 $9.50 $6,774.46 $26.51 $24,160.92 $24.91 $830.90 $28.60 $20,476.17 $42.05 $851.85 $61.54 $2,376.04 $1,318.99 $19,556.32 $1,425.49 $2,945.06 $2,038.36 $629.72 $824.54 $5,125.40 $1,073.66 $1,077.48 $95.35 $198.27 $550.00 $597.57 $550.00 $825.90 $850.00 $1,690.00 $0.01 $2,803.68 $6.75 $535.80 $450.00 $342.90 $175.00 $147.60 $12.50 $24870 $12.50 $466.00 $2.45 $606,527.65 $1,410,509.82 $82,184.48 $96,263.24 $2,195,485.19 $342.90 $1,191.20 $434.02 $833.98 $1,213.60 $84,974.70 $2,612.50 $9,835.21 $29,244.34 $1,001.00 $23,505.95 $923.10 $2,637.98 $19,956.86 $2,038.36 $824.54 $5,368.30 $1,144.20 $550.00 $1,650.00 $2,550:00 $10:00 $4,009.50 $2,700.00 $875.00 $500.00 $375.00 $490.00 112,801.84 $647,526.01 $1,457,332.68 $84,974.70 $112.801.84 $27.00 $100.00 $16.00 $160.00 $1,600.00 $15.00 $10.00 $20.00 $18.00 $22.00 $44.00 $80.00 $1,600.00 $2,000.00 $2,700.00 $230.00 $1,300.00 $120.00 $220.00 $200.00 $350.00 $5.40 $12.00 $230.00 $500.00 $9.00 $10.00 $3.50 $85,474.00 $200.00 $1,280.00 $320.00 $3,200.00 $1,200.00 $2,750.00 $7,420.00 $21,132.00 $770.00 $24,596.00 $1,200.00 $3,200.00 $28,000.00 $2,700.00 $230.00 $6,500.00 $1,440.00 $220.00 $600.00 $1,050.00 $5,400.00 $7,128.00 $1,380.00 $2,500.00 $360.00 $300.00 $700.00 $119,576.00 $725,772.00 $1,381,471.00 $85,474.00 $119,576.00 $2,312,293.00 3403153BT.xls BT -3 BID TABULATION Item lum Item ALTERNATE NO. 1 - 50TH AVENUE NORTH /XYLON AVENUE NORTH: 93 12" STORM SEWER 94 2'X & CB, INCL, R- 3067 -V CSTG. 95 REMOVE AND INSTALL NEW CONCRETE CURB AND GUTTER 96 CONNECT STORM PIPE TO EXISTING STRUCTURE 97 SAW BITUMINOUS PAVEMENT 98 AGGREGATE BASE, CLASS 5 (CV) 99 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 100 TYPE LV 4 WEARING COURSE MIXTURE (B) 101 BITUMINOUS MATERIAL FOR TACK COAT 102 SODDING, LAWN TYPE 103 TOPSOIL BORROW (LV) TOTAL ALTERNATE NO. 1 - 50TH AVENUE NORTH/XYLON AVENUE NORTH ALTERNATE NO. 2 - 50TH AVENUE NORTH/XYLON AVENUE NORTH: 104 12" STORM SEWER 105 YARD DRAIN, INCL. CSTG. 106 SODDING, LAWN TYPE 107 TOPSOIL BORROW (LV) TOTAL ALTERNATE NO. 2 - 50TH AVENUE NORTH /XYLON AVENUE NORTH Units Bidder No. 1 Doboszenski & Sons, Inc. Unit Price Total Bidder No. 2 Northdale Construction Company, Inc. Unit P rice Total LF EA LF EA LF CY TN TN GAL SY CY $23.71 $1,098.82 $20.40 $1,500.00 $4.50 $27.50 $68.90 $79.50 $1.44 $4.24 $12.50 Bidder No. 3 C. S. McCrossan Construction, Inc. Unit Price Total $21.00 $1,400.00 $28.00 $150.00 $3.00 $26.00 $35.00 $50.00 $2.10 $2.30 $17.00 $6,216.00 $1,400.00 $8,680.00 $150.00 $930.00 $1,690.00 $1,750.00 $1,750.00 $42.00 $805.00 LF 296 $18.25 $5,402.00 $24.37 $7,213.52 $18.00 $5,328.0( EA 2 $629.40 $1,258.80 $679.72 $1,359.44 $180.00 $360.0( SY 600 $4.29 $2,574.00 $4.24 $2,544.00 $2.30 $1,380.0( CY 60 $3.95 $237.00 $12.50 $750.00 $17.00 $1,020.0( $9,471.80 $11,866.96 $8,088.0( 296 $18.25 1 $1,023.42 310 $17.73 1 $277.38 310 $3.30 65 $22.90 50 $32.58 35 $35.74 20 $1.23 350 $4.29 35 $4.00 $5,402.00 $1,023.42 $5,496.30 $277.38 $1,023.00 $1,488.50 $1,629.00 $1,250.90 $24.60 $1,501.50 $140.00 $19,256.60 $7,018.16 $1,098.82 $6,324.00 $1,500m $1,395.00 $1,787.50 $3,445.00 $2,782.50 $28.80 $1,484.00 $437.50 27,301.28 Contractor Name and Address: Doboszenski & Sons, Inc. 6450 Pioneer Trail Loretto, MN 55357 Phone: (763) 478 -6945 Fax (763) 478 -3186 Signed By: Scott W. Anderson Title: Vice President Bid Security: Bid Bond Addenda Acknowiedoed: One 3403153BT.xls BT -4 Northdale Construction Company, Inc. 14450 Northdale Blvd. Rogers, MN 55374 (763) 428 -4868 (763) 428 -4997 Thomas A. Wilebski Vice President One C. S. McCrossan Construction, Inc. 7865 Jefferson Hwy. P.O. Box 1240 Maple Grove, MN 55369 (763) 425 -4167 (763) 425.0520 Thomas McCrossan Vice President One Item Ite Units PART 1 - WATERMAIN: 1 MOBILIZATION 2 6" DIP WATER MAIN, CLASS 52 3 8" DIP WATER MAIN, CLASS 52 4 12" DIP WATER MAIN, CLASS 52 5 6" GATE VALVE AND BOX 6 8" GATE VALVE AND BOX 7 12" BUTTERFLY VALVE AND BOX 8 DUCTILE IRON FITTINGS 9 INSTALL HYDRANT 10 CONNECT TO EXISTING WATER MAIN 11 BULKHEAD EXISTING WATERMAIN 12 IMPROVED PIPE FOUNDATION 13 REMOVE WATER MAIN 14 REMOVE HYDRANT 15 RECONNECT EXISTING SERVICE 16 1" TYPE "K" COPPER WATER SERVICE 17 1" CORP 18 1" CURB STOP AND BOX 19 INSULATION, 3" THICK 20 TEMPORARY WATER SERVICE 21 CLEAR AND GRUB TREES TOTAL PART 1 - WATERMAIN PART 2- STREET IMPROVEMENTS: 22 TRAFFIC CONTROL 23 REMOVE CONCRETE CURB AND GUTTER 24 8618 CONCRETE CURB AND GUTTER 25 REMOVE CONCRETE SIDEWALK 26 4" CONCRETE SIDEWALK 27 PEDESTRIAN CURB RAMP 28 AGGREGATE BASE, CLASS 5 (CV) 29 SELECT GRANULAR BORROW (CV) 30 GEOTEXTILE FABRIC, TYPE V, WOVEN 31 GEOTEXTILE FABRIC, TYPE V, NON- WOVEN 32 COMMON EXCAVATION (EV) 33 TYPE LV 3 NON WEARING COURSE MIXTURE (B) BID TABULATION LS LF LF LF EA EA EA LB EA EA EA LF LF EA EA LF EA EA SY LS EA Bidder No. 4 Thomas & Sons Construction, Inc. Bidder No. 5 North Valley, Inc. Unit Price Total W Price Total 1 $72,500.00 7700 $23.20 1770 $26,45 1815 $34.00 41 $860.00 4 $1,050.00 4 $1,400.00 8000 $2.00 18 $2,100.00 15 $300.00 5 $50.00 10000 $1.40 10700 $0.50 18 $150.00 204 $100.00 7400 $12.50 204 $190.00 204 $230.00 10 $20.00 1 $55,500.00 10 $800.00 LS 1 LF 21650 LF 21650, SY 230', SF 2070 EA 3 CY 9000 CY 8000 SY 16800 SY 26300 CY 21600, TN iQnn! $9,500.00 $1.35 $7.64 $10.00 $3.95 $600.00 $21.00 $12.75 $0.80 $1.00 $7.75 $31.50 $72,500.00 $56,400.00 $178,640.00 $18.58 $46,816.50 $22.13 $61,710.00 $30.23 $35,260.00 $747.78 $4,200.00 $942.45 $5,600.00 $1,153,70 $16,000.00 $1.49 $37,800.00 $1,733.43 $4,500.00 $772.50 $250.00 $257.50 $14,000.00 $0.01 $5,350.00 $5.82 $2,700.00 $283.25 $20,400.00 $201.38 $92,500.00 $14.97 $38,760.00 $49.60 $46,920.00 $213.23 $200.00 $17.66 $55,500.00 $24,205.00 $8,000.00 $437.75 ,606. $9,500.00 $29,227.50 $165,406.00 $2,300.00 $8,176.50 $1,800.00 $189,000.00 $102,000.00 $13,440.00 $26,300,00 $167,400.00 $154,350.00 Bidder No. 6 Bidder No. 7 Midwest Asphalt Corporation Palda & Sons, Inc. Unit Price Tot al Unit Price $56,400.00 $95,000.00 $143,066.00 $19.15 $39,17010 $22.80 $54,867.45 $31.15 $30,658.98 $770.00 $3,769.80 $971.00 $4,614,80 $1,188.00 $11,920.00 $1.55 $31,201.74 $1,785.00 $11,587.50 $795.00 $1,287.50 $265.00 $100.00 $0.01 $62,274.00 $6.00 $5,098.50 $291.00 $41,081.52 $207.00 $110,778,00 $15,50 $10,118.40 $51.10 $43,498.92 $220.00 $176.60 $18.00 $24,205.00 $24,925.00 $4,377.50 $450.00 $690,252.31 $2,730.00 $2,730.001 $19,000.00 $2.65 $57,372.50 $3,50 $7.73 $167,354.50 $8.30 $615 $1,414.50 $5.60 $150 $7,245.00 $2.95 $625.00 $1,875.00 $300.00 $21.95 $197,550.00 $16.80 $17.00 $136,000.00 $14.30 $1.35 $22,680.00 $1,10 $1.50 $39,450.00 $1,25 $8.20 $177,120,00 $10.05 $30.25 $148,225.00 $3155 $95,000.00 $202,000.00 $147,455.00 $32.63 $40,356.00 $35.99 $56,537.25 $46.02 $31,570.00 $911.00 $3,884.00 $1,088.00 $4,752.00 $1,708.00 $12,400.00 $2.55 $32,130.00 $2,578,00 $11,925.00 $500.00 $1,325.00 $150.00 $100.00 $1.16 $64,200.00 $2.00 $5,238.00 $200.00 $42,228.00 $700.00 $114,700.00 $3.00 $10,424.40 $70.00 $44,880.00 $90.00 $180.00 $50.00 $24,925.00 $52,000.00 $4,500.00 $325.00 $748,709.65 $19,000.0C $75,775.00 $179,695,OC $1,288.00 $6,106.50 $900.00 $151,200.00 $114,400.00 $18,480.00 $32,875.00 $217,080.00 $164,395.00 $11,900.00 $2.31 $7.10 $10.00 $3.00 $500.00 $25.27 $14.23 $0.68 $0.80 $5,20 $20.00 $202,000.00 $251,251.00 $63,702.30 $83,526.30 $37,351.00 $4,352.00 $6,832.00 $20,400.00 $46,404.00 $7,500.00 $750.00 $11,600.00 $21,400,00 $3,600.00 $142,800.00 $22,200.00 $14,280,00 $18,360.00 $500.00 $52,000.00 $3,250.00 ,014,058.60 $11,900.0C $50,011,5C $153,715.00 $2,300.00 $6,210.00 $1,500.00 $227,430.00 $113,840.00 $11,424,00 $21,040.00 $112,320.00 $98,000.00 3403153BT.xls BT -5 BID TABULATION Bidder No. 4 Bidder No. 5 Bidder No. 6 Thomas & Sons North Valley, Inc. Midwest Asphalt Construction, Inc. Corporation Bidder No. 7 Palda & Sons, Inc. Item N m Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total 34 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 3700 $34.65 $128,205.00 $34.15 $126,355.00 $35.40 $130,980.00 $23.00 $85,100.00 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 1950 $1.50 $2,925.00 $1.50 $2,925.00 $1.55 $3,022.50 $1.11 $2,164.50 36 6" CONCRETE DRIVEWAY PAVEMENT SY 2750 $40.51 $111,402.50 $36.67 $100,842.50 $35.90 $98,725.00 $35.00 $96,250.00 37 TYPE LV 4 BITUMINOUS MIXTURE (B), FOR DRIVEWAYS TN 350 $12100 $43,050.00 $88.00 $30,800.00 $115.00 $40,250.00 $95.00 $33,250.00 38 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1300 $6.50 $8,450.00 $8.05 $10,465.00 $7,50 $9,750.00 $7.76 $10,088.00 39 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 2000 $1.75 $3,500.00 $6.60 $13,200.00 $4.75 $9,500.00 $6.54 $13,080.00 40 REMOVE AND INSTALL NEW R3067V CASTING EA 24 $385.00 $9,240.00 $484.07 $11,617.68 $500.00 $12,000.00 $342.00 $8,208.00 41 REMOVE AND INSTALL NEW R1642B CASTING EA 52 $325.00 $16,900.00 $374.37 $19,467.24 $385.00 $20,020.00 $189.00 $9,828.00 42 RECLAIM BITUMINOUS PAVEMENT SY 36900 $0.65 $23,985.00 $1.26 $46,494.00 $0.55 $20,295.00 $0.37 $13,653.00 43 SAW BITUMINOUS PAVEMENT LF 700 $2.50 $1,750.00 $2.65 $1,855.00 $2.25 $1,575.00 $4.00 $2,800.00 44 SALVAGE AND RE -USE CLASS 5 AND RECLAIMS BITUMINOUS PAVEMENT (CV) CY 2100 $15.50 $32,550.00 $9.40 $19,740.00 $6.75 $14,175.00 $8.40 $17,640.00 45 SODDING, LAWN TYPE SY 18500 $2.30 $42,550.00 $2.16 $39,960.00 $2.25 $41,625.00 $2.60 $48,100.00 46 TOPSOIL BORROW (LV) CY 2100 $12.00 $25,200.00 $11.60 $24,360.00 $11.95 $25,095.00 $13.25 $27,825.00 47 SALVAGE AND REINSTALL MAILBOXES LS 1 $9,900.00 $9,900.00 $12,000.00 $12,000.00 $9,515.00 $9,515.00 $9,000.00 $9,000.00 48 TEMPORARY MAILBOXES LS 1 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $4,755.00 $4,755.00 $4,500.00 $4,500.00 49 WATER FOR DUST CONTROL 1000 GAL 250 $30.00 $7,500.00 $40.00 $10,000.00 $30.00 $7,500.00 $30.00 $7,500.00 50 STREET SWEEPER WITH OPERATOR HR 30 $80.00 $2,400.00 $100.00 $3,000.00 $115.00 $3,450.00 $120.00 $3,600.00 51 MOTOR GRADER WITH OPERATOR HR 40 $50.00 $2,000.00 $110.00 $4,400.00 $86.50 $3,460.00 $110.00 $4,400.00 52 4" PERFORATED PVC DRAINTILE, SDR 35 LF 2400 $5.50 $13,200.00 $12.88 $30,912.00 $13.25 $31,800.00 $16.01 $38,424.00 53 CONNECT DRAINTILE TO EXISTING STRUCTURE EA 44 $125.00 $5,500.00 $128.75 $5,665.00 $132.50 $5,830.00 $100.00 $4,400.00 54 ADJUST FRAME AND RING CASTING EA 52 $100.00 $5,200.00 $455.00 $23,660.00 $160.00 $8,320.00 $400.00 $20,800.00 55 RECONSTRUCT MANHOLE LF 10 $350.00 $3,500.00 $334.75 $3,347.50 $345.00 $3,450.00 $400.00 $4,000.00 56 STORM DRAIN INLET PROTECTION EA 30 $125.00 $3,750.00 $283.25 $8,497.50 $292.00 $8,760.00 $200.00 $6,000.00 57 SALVAGE AND REINSTALL SIGNS LS 1 $4,500.00 $4,500.00 $3,900.00 $3,900.00 $4,055.00 $4,055.00 $4,000.00 $4,000.00 TOTAL PART 2 - STREET $1,381,057.50 $1,514,479.92 $1,499,102.00 $1,284,301.00 IMPROVEMENTS PART 3 - MILL AND OVERLAY: 58 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 1400 $34.65 $48,510.00 $33.65 $47,110.00 $35.40 $49,560.00 $25.50 $35,700.00 59 MILL BITUMINOUS PAVEMENT (1 -1 /2" DEEP) SY 7300 $1.20 $8,760.00 $1.30 $9,490.00 $1.20 $8,760.00 $2.20 $16,060.00 60 BITUMINOUS MATERIAL FOR TACK COAT GAL 700 $1.50 $1,050.00 $1.50 $1,050.00 $1.55 $1,085.00 $1.11 $777.00 61 ADJUST VALVE BOX EA 5 $180.00 $900.00 $139.05 $695.25 $145.00 $725.00 $500.00 $2,500.00 62 ADJUST FRAME AND RING CASTING EA 16 $220.00 $3,520.00 $180.25 $2,884.00 $185.00 $2,960.00 $400.00 $6,400.00 63 REMOVE BITUMINOUS PAVEMENT SY 150 $3.00 $450.00 $6.00 $900.00 $4.00 $600.00 $10.00 $1,500.00 64 TYPE LV 3 BITUMINOUS MIXTURE (B), FOR PATCHING TN 45 $125.00 $5,625.00 $100.00 $4,500.00 $90.00 $4,050.00 $65.00 $2,925.00 3403153BT.xls BT -6 BID TABULATION Item PART 4 - STORM SEWER: Unit Price Total Num Item Units Qty 65 REMOVE AND INSTALL NEW SF 27E 72 CONCRETE CURB AND GUTTER LF 80C 66 1" CORPORATION STOP WITH 12" LF 1174 74 SADDLE EA 12 67 1" TYPE "K" COPPER WATER SERVICE LF 8C 68 1" CURB STOP AND BOX EA 4 69 CUT 4" SANITARY SERVICE INTO 9" VCP EA 4 70 4" PVC, SDR 26 SERVICE PIPE LF 8C TOTAL PART 3 - MILL AND OVERLAY BASE BID: TOTAL PART 1 - WATERMAIN TOTAL PART 2 - STREET IMPROVEMENTS TOTAL PART 3 - MILL AND OVERLAY TOTAL PART 4 - STORM SEWER TOTAL BASE BID Bidder No. 4 Bidder No. 5 Bidder No. 6 Bidder No. 7 Thomas & Sons North Valley, Inc. Midwest Asphalt Palda & Sons In Construction Inc. Cnrnnrnfinn Unit Price PART 4 - STORM SEWER: Unit Price Total 71 SALVAGE AND REINSTALL RETAINING Unit Price Total $15.00 WALL SF 27E 72 12" STORM SEWER LF 371 73 15" STORM SEWER LF 1174 74 18" STORM SEWER LF 3E 75 27" RCP STORM SEWER, CLASS 3 LF 55� 76 36" RCP STORM SEWER, CLASS 3 LF 1E 77 4' DIAMETER STORM SEWER MH EA $447.04 78 4' DIAMETER STORM CBMH, INCL. $150.00 $300.00 $200.00 CSTG, EA 12 79 5' DIAMETER STORM CBMH, INCL. $350.00 $700.00 $65.00 CSTG. EA 1 80 YARD DRAIN, INCL. CSTG. EA 1 81 2' X T CB, INCL. R- 3067 -V CSTG. EA E 82 4' DIAMETER STRUCTURE OVERDEPTH LF 1e 83 CONNECT TO EXISTING PIPE EA 1 84 CONNECT EXISTING STORM PIPE TO $20.00 $5,500.00 $31.00 STRUCTURE EA $10,128.30 85 CONNECT STORM PIPE TO EXISTING $33.73 $12,513.83 $3100 STRUCTURE EA $30,124.84 86 IMPROVED PIPE FOUNDATION LF 100C 87 REMOVE STORM SEWER PIPE LF 594 88 REMOVE STORM STRUCTURE EA E 89 TRANSPLANT DOGWOOD EA E 90 4" PVC, SCHEDULE 40 LF 4( 91 REMOVE FENCE LF 3( 92 SILT FENCE LF 20C $2,450.00 TOTAL PART 4 - STORM SEWER $1,358.56 $2,717.12 BASE BID: TOTAL PART 1 - WATERMAIN TOTAL PART 2 - STREET IMPROVEMENTS TOTAL PART 3 - MILL AND OVERLAY TOTAL PART 4 - STORM SEWER TOTAL BASE BID Bidder No. 4 Bidder No. 5 Bidder No. 6 Bidder No. 7 Thomas & Sons North Valley, Inc. Midwest Asphalt Palda & Sons In Construction Inc. Cnrnnrnfinn Unit Price Total Unit Price Total Unit Price Total Unit Price Total $15.00 $12,000.00 $20.42 $16,336.00 $20,85 $16,680.00 $22.50 $18,000.00 $225.00 $450.00 $176.59 $353.18 $182.00 $364.00 $350.00 $700.00 $15.00 $1,200.00 $15.33 $1,226.40 $15.80 $1,264.00 $40.00 $3,200.00 $225.00 $450.00 $223.52 $447.04 $230.00 $460.00 $150.00 $300.00 $200.00 $400.00 $429.50 $859.00 $445.00 $890.00 $350.00 $700.00 $65.00 $5,200.00 $15.63 $1,250.40 $1610 $1,288.00 $34.00 $2,720,00 $88,515.00 $87,101.27 $88,686.00 $91,482.00 $18.00 $4,950.00 $5.90 $1,622.50 $12.50 $3,437.50 $20.00 $5,500.00 $31.00 $11,501.00 $27.30 $10,128.30 $28.10 $10,425.10 $33.73 $12,513.83 $3100 $38,742.00 $25.66 $30,124.84 $26.40 $30,993.60 $34.67 $40,702.58 $35.00 $1,225.00 $29.46 $1,031.10 $30.35 $1,062.25 $38.39 $1,343.65 $53.25 $29,766.75 $43.31 $24,210.29 $44.60 $24,931.40 $51.71 $28,905.89 $90.00 $1,350.00 $63.39 $950.85 $65.25 $978.75 $123,30 $1,849.50 $2,450.00 $4,900.00 $1,358.56 $2,717.12 $1,400.00 $2,800.00 $1,353.00 $2,706.00 $2,100.00 $29,400.00 $1,468.25 $20,555.50 $1,510.00 $21,140.00 $1,353.00 $18,942.00 $3,000.00 $3,000.00 $2,099.51 $2,099.51 $2,160.00 $2,160.00 $2,577.00 $2,577.00 $1,400.00 $1,400.00 $849.28 $849.28 $875.00 $875.00 $1,038,00 $1,038.00 $1,400.00 $7,000.00 $1,105.87 $5,529.35 $1,140.00 $5,700.00 $1,267.00 $6,335.00 $200.00 $2,400.00 $98.21 $1,178.52 $101.00 $1,212.00 $200.00 $2,400.00 $350.00 $350.00 $566.50 $566.50 $585.00 $585.00 $500.00 $500.00 $300.00 $900.00 $566.50 $1,699.50 $585,00 $1,755.00 $500.00 $1,500.00 $300.00 $900.00 $875.50 $2,626,50 $901.50 $2,704.50 $800.00 $2,400.00 $1.40 $1,400.00 $0.01 $10.00 $0.01 $10.00 $2.02 $2,020.00 $10.00 $5,940.00 $6.95 $4,128.30 $7.15 $4,247.10 $12.12 $7,199.28 $175.00 $1,050.00 $463.50 $2,781.00 $475.00 $2,850.00 $150.00 $900.00 $150.00 $750.00 $500.00 $2,500.00 $105.00 $525.00 $400.00 $2,000.00 $20.00 $800.00 $12,88 $515.20 $13.25 $530.00 $20.00 $800.00 $12.00 $360.00 $10.00 $300.00 $11.25 $337.50 $10.00 $300.00 $4.50 $900.00 $3.60 $720.00 $3.75 $750.00 $3.50 $700.00 $148,984.75 $116,844.16 $120,009.70 $143,132.73 $747,606.50 $690,252.31 $748,709.65 $1,014,058.60 $1,381,057.50 $1,514,479.92 $1,499,102.00 $1,284,301.00 $88,515.00 $87,101.27 $88,686.00 $91,482.00 $148,984.75 $116,844.16 $120,009,70 $143,132.73 $2,366,163.75 $2,408,677.66 $2,456,507.35 2,532,974.33 34031536T.xls BT -7 BID TABULATION Item Num Item ALTERNATE NO. 1 - 50TH AVENUE NORTH /XYLON AVENUE NORTH: 93 12" STORM SEWER 94 2'X T CB, INCL. R- 3067 -V CSTG. 95 REMOVE AND INSTALL NEW CONCRETE CURB AND GUTTER 96 CONNECT STORM PIPE TO EXISTING STRUCTURE 97 SAW BITUMINOUS PAVEMENT 98 AGGREGATE BASE, CLASS 5 (CV) 99 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 100 TYPE LV 4 WEARING COURSE MIXTURE (B) 101 BITUMINOUS MATERIAL FOR TACK COAT 102 SODDING, LAWN TYPE 103 TOPSOIL BORROW (LV) TOTAL ALTERNATE NO. 1 - 50TH AVENUE NORTH /XYLON AVENUE NORTH ALTERNATE NO. 2 - 50TH AVENUE NORTH /XYLON AVENUE NORTH: 104 12" STORM SEWER 105 YARD DRAIN, INCL. CSTG, 106 SODDING, LAWN TYPE 107 TOPSOIL BORROW (LV) TOTAL ALTERNATE NO. 2 - 50TH AVENUE NORTH /XYLON AVENUE NORTH Units Qty Bidder No. 4 Thomas & Sons Construction, Inc. Unit Price Total LF 296 $28.50 $8,436.00 EA 1 $1,500.00 $1,500.00 LF 310 $15.50 $4,805.00 EA 1 $350.00 $350.00 LF 310 $2.10 $651.00 CY 65 $25.00 $1,625.00 TN 50 $125.00 $6,250.00 TN 35 $85.00 $2,975.00 GAL 20 $2.00 $40.00 SY 350 $2.35 $822.50 CY 35 $15.00 $525.00 $27,979.50 LF 296 $29.50 $8,732.00 EA 2 $1,450.00 $2,900.00 SY 600 $2.35 $1,410.00 CY 60 $12.00 $720.00 $13,762.00 Contractor Name and Address: Thomas &Sons Construction, Inc. 13925 Northdale Blvd P.O. Box 303 Rogers, MN 55374 Phone: (763) 428 -2229 Fax (763) 428 -4776 Signed By: Steven J. Thomas, Jr. Title: Vice President Bid Security: Addenda Acknowledged: One Bidder No. 5 North Valley, Inc. Unit Price Total $24.42 $1,131.78 $20.42 $1,545,00 $5.00 $21.95 $40.25 $44.15 $1.50 $2.32 $12.62 $25.10 $700.11 $2.32 $12.62 $7,228.32 $1,131,78 $6,330.20 $1,545.00 $1,550.00 $1,426.75 $2,012.50 $1,545.25 $30.00 $812.00 $441.70 $24,053.50 $7,429.60 $1,400.22 $1,392.00 $757.20 $10,979.02 North Valley, Inc. 4105 85th Ave N. Bldg. B, Ste 203 Brooklyn Park MN 55443 (763) 425 -2988 (763) 425 -1356 Brad Schmidtbauer President One Bidder No. 6 Midwest Asphalt Corporation Unit Price Total $25.15 $1,165.00 $20.85 $1,590.00 $2.25 $24.00 $105.00 $105.00 $2.50 $2.40 $13.00 $7,444.40 $1,165.00 $6,463.50 $1,590.00 $697.50 $1,560.00 $5,250.00 $50,00 $840.00 $455.00 $29,190.40 Bidder No. 7 Palda & Sons, Inc. It Price Total $46.73 $1,300.00 $22.50 $500.00 $5.00 $30.00 $65.00 $75.00 $1.36 $2.25 $12.25 $13,832.08 $1,300.00 $6,975.00 $500.00 $1,550.00 $1,950.00 $3,250.00 $2,625.00 $27.20 $787.50 $428.75 $33,225.53 $25.85 $7,651.60 $46.73 $13,832.08 $720.00 $1,440.00 $1,100.00 $2,200.00 $2.40 $1,440.00 $2.25 $1,350.00 $13.00 $780.00 $12.25 $735.00 $11,311.60 $18,117.08 Midwest Asphalt Corporation Palda & Sons, Inc, P.O. Box 5477 1462 Dayton Ave. Hopkins, MN 55343 St Paul, MN 55104 (952) 937 -8033 (952) 937 -6910 Blair B. Bun, Vice President One (651) 644 -1604 (651) 644 -5599 N. J. Palda President One 3403153BT.xls BT -8 JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEi•Ax (763) 493 -5193 e -mail lawgjensen- sondrall.com April 26, 2004 Marty Jedlicki, Project Manager Doboszenski & Sons, Inc. 6470 Pioneer Trail Loretto, MN 55357 SENT BY FACSIMILE ONLY TO: (763) 478 -3186 Re: The City of New Hope 2004 Infrastructure Improvements Contract City Project No.: 759 City Engineer File No.: 34 -03 -153 Our File No.: 99.10030(B) Dear Mr. Jedlicki: The City Attorney's Office is responsible for verifying that the Contractor has validly signed the Contract and met the relevant terms of the Contract prior to execution by the City. Unfortunately, I cannot advise the City to proceed with the execution of the Contract at this time for the following reasons: 1. Authority to Sign Scott W. Anderson signed the Contract as Vice President of the company. However, the City has no evidence of Mr. Anderson's authority to contractually bind your corporation. Therefore, a resolution of your company's Board of Directors authorizing Mr. Anderson's signing of this Contract on behalf of the corporation and approving the same is requested. The resolution should state something similar to the following: 2. Certificate of Insurance The Certificates of Insurance required by section 5.03(A) of the Standard General Conditions of the Construction Contract have not been received. Once I receive the required Certificates of Insurance I will review them for compliance with the Contract terms. 3. Bonds Different bond forms are required by the Contract than the ones submitted. I have already contacted Marge Jones regarding this and have made arrangements with her to have this corrected. Ms. Jones requested I fax her some additional information (which I expect to do yet today) and make arrangements for the return of outstanding bond forms to her. Once she receives this information and the outstanding bond forms Ms. Jones will contact you to arrange for the execution of the new bond forms. Please note that we originally only received three (3) sets of bonds. I have asked Ms. Jones to make certain that four (4) sets of the new bonds are issued so we have a set for each Contract. Please contact me with any questions or comments. Otherwise, I thank you for your attention to this matter. Very truly yours, Apvil 26, 2004 Page 2 Douglas J. Debner Assistant City Attorney City of New Hope JENSEN & SONDRALL, P.A. djd@jensen-sondrall.com cc: Steven A. Sondrall, City Attorney, City of New Hope (via email only to: sas @jensen- sondrall.com) Guy Johnson, Director of Public Works, City of New Hope (via email only to: gjohnson @ci.new - hope.mn.us) Dale Reed, Operations Manager, City of New Hope (via email only to: dreed @ci.new- hope.mn.us) Valerie Leone, City Clerk, City of New Hope (via email only to: vleone @ci.new- hope.mn.us) PAAtto ney'DM \2. City of New Hope °:99.10030 (B) - Public Works Matters \8 - 2004Infi-astructure Improvements',CNH99.10030(B)(8)- 001- Jedlicki Undue Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative ActionfEqual Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, PE. - Marvin L. Sorvala, P.E. - Glenn R. Cook, P.E. • Robert G. Schunicht, PE. Jerry A. Bourdon, P.E. - Mark A. Hanson, 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, PE. • Richard W. Foster, RE. • David O. Loskota. PE. - Michael T. Rautmann, RE. • Ted K. Field, P.E. - Kenneth P Anderson, RE. - Mark R. Rolfs, P.E. - David A. Bonestroo, M.B.A. - Sidney P Williamson, PE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, PE. - Thomas W. Peterson, RE. James R. Maland, PE. • Miles B. Jensen, BE. • L. Phillip Gravel III, RE. • Daniel J. Edgerton. PE. • Ismael Martinez, P.E. Thomas A. Syfko, PE. - Sheldon J. Johnson • Dale A. Grove, RE. • 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 April 13, 2004 Mr. Scott Anderson Doboszenski & Sons, Inc. 6450 Pioneer Trail Loretto, MN 55357 Re: New Hope, Minnesota 2004 Infrastructure Improvements Project City Project No. 759 File No. 34 -03 -153 Contract Documents Dear Mr. Anderson: Enclosed are four (4) Contract Documents between you and the City of New Hope covering the above - referenced Project. The Contract award includes Alternates 1 and 2. Alternate 2 is still subject to the acquisition of required easements from impacted properties. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven A. Sondrall Jensen Swanson & Sondrall, PA 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443 -1983 After the necessary officials have signed the Contracts, please distribute as follows: 2 copies Doboszenski & Sons, 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. Enclosures: Four (4) Contract Documents cc: Steven A. Sondrall, City Attorney Valerie Leone, City of New Hope 2335 West Highway 36 ® St. Paul, MN 55113 ■ 651-636 -4600 ■ Fax: 657- 636 -1371 DOUGLAS J. DEBNER GORDON L. JENSEN' CLARISSA M. KLUG GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN & SONDRALL, P.A. Attorneys At Law April 26, 2004 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 lawg j ensen- sondrall.com Writer's Direct Dial No.: (763) 201 -0217 e -mail djd @jensen- sondrall.com VIA E -MAIL TO vleoneQci. new -hope. mn. us (w /out enclosures) AND HAND DELIVERED (w/ enclosures) Re: The City 2004 Infrastructure Improvements Contract ( "Contract ") City Project No.: 759 Successful Bidder: Doboszenski & Sons, Inc. ( "Bidder ") City Engineer File No.: 34 -03 -153 Our File No.: 99.10030(B) Dear Valerie: Please find enclosed four original Contracts. The enclosed Contracts have already been signed by Scott W. Anderson on behalf of the Bidder. I have reviewed the enclosed Contracts and it is my opinion that the City may now sign them as well. Bonds: Four sets of original bonds are also enclosed. Each set contains one original Performance Bond and one original Payment Bond. One set of original bonds should be kept with each original Contract. It is preferable that the bonds actually be bound into the Contracts in place of the blank forms currently located on pages 00610 -1 and 00615 -1, but we lack the equipment necessary to do so in our office. Certificate of Insurance I have been faxed a copy of an acceptable Certificate of Insurance. A copy of that Certificate of Insurance is enclosed for your information. I have also been assured that four originals of the same will be forwarded to us. Evidence of Authority to Sign We required evidence of Mr. Anderson's authority to sign on behalf of the Bidder. I have been faxed a copy of an acceptable authorization. A copy of that authorization is enclosed for your information. I have also been assured that an original of the same will be forwarded to us. April 26, 2004 Page 2 C'nnch'tcinn Please let me know if you would like any of the foregoing handled differently or if you have any other questions or comments. Very truly yours, Douglas J. Debner, Assistant City Attorney JENSEN & SONDRALL, P.A. dj d @j ens en- sondrall . com Enclosures: 1. 4 original Contracts 2. 4 sets of original bonds 3. 1 copy of the Certificate of Insurance 4. 1 copy of the evidence of authority to sign cc: Steven A. Sondrall, City Attorney (via e -mail only to sas @Jensen- sondrall.com - w /out enc. Guy Johnson, Director of Public Works (via e -mail only to gjohnson @ci.new- hope.mn.us - w /out enc. Tom Schuster, Contract Manager (via e -mail only to tchuster@ci.new-hope.mn.us - w /out enc. Vincent T. Vander Top, City Engineer (via e -mail only to vvandertop @bonestroo.com - w /out enc. P:\AttorneyiDJD \2. City of New Hope \99.10030 (B) - Public Works Matters \8 - 2004 Infrastructure Improvements \CNH99.10030(B)(8) - 005 -Leone Ltr (Final).doc ACOlRQ CERTIFICATE OF LIABILITY INSURANCE L DATE B OP OS DDOS -2 /26 fYY 4 04 26 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO T YPEOF INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RJF Agencies, Inc. Plymouth HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14601 27th Avenue N. Suite 104 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Plymouth M 55447 -4819 GENERAL LIABILITY Phone : 763 - 746 -8000 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: General Casualty Comp anies 24414 INSURER B: CC10350415 03/01/04 INSURER C: PREMISES (Ea occurence) Doboszenski & Sons Inc 6450 Pioneer Trail Loretto M 55357 INSURER D: $ 5,000 INSURER E: • Blkt Add' 1 Insd GUVEKAUE5 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR T YPEOF INSURANCE POLICY NUMBER DATE MID C V DATE MMIDD LIMITS AUTHOFWED REFIRESENTATIVE GENERAL LIABILITY EACH OCCURRENCE $ A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR CC10350415 03/01/04 03/01/05 PREMISES (Ea occurence) $ 100,000 MED EYP (Any one Person) $ 5,000 • Blkt Add' 1 Insd PERSONAL & ADV INJURY $1,000,000 • Contractual Liab. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s2,000 POLICY X J LOC Emp Ben 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO CBA0350415 03/01/04 03/01/05 C (Ea a accident) C OMBIN ED ccideM) $ 1 000 000 � + X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ 1 E ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 A X I OCCUR ❑ CLAIMSMADE CCUO350415 03/01/04 03/01/05 AGGREGATE $ 4,000,000 $ R DEDUCTIBLE $ X RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? If SPECIAL P CW CO350415 03/01/04 03/01/05 H. X TORY LIMITS ER E.L. EACH ACCIDENT _ $ 500 EL DISEASE - EA EMPLOYE $ 500000 EL DISEASE - POLICY LIMIT $ 500000 OTHER A Equipment Floater CC10350415 03/01/04 03/01/05 Blanket Special Form/ACV DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS City of New Hope and Bonestroo, Rosene Andelik & Associates are named as Additional Insured as respects General Liability coverage RE: City Project #759 New Hope 2004, Infrastructure Improvements New Hope, MN. GEK I It IGAI It HOLDER CANCELLATION CI TYNEw SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of New Hope DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN Fax: 763-424-8811 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Doug 4401 Xylon Ave N New Hope HN 55428 -4898 AUTHOFWED REFIRESENTATIVE AGURU 25 (ZUU1 /Ut1) 0 ACORD CORPORATION 1 _-' _ _ _ _ ccC�. rent are ❑ :oerect ^ '-� "CY ^f epee • ,. �'�4;:Gr.S ^ / 1_ 3CCCt2d 2C a'9c="AS .t "'e :Cdr,^. zf ::'ra :CrS Cl :r'c:.:.rrCra:iCA CLIV 3f`.0 -= - ? ;Ic iAC - iz1C -- .�� , Q � l�, Thesz r;SCit;tiCCS 3CCear in na vrL ;as or ris ,-2aRrS a "C nave nct aeon : as ; :rcec er i AGENTS ary agent is:sd celcx, $Lo�act to any .vrren lir..ita�ions, is author =sd ;c exercise he �c'aers ararted as Erdicated below: Name and Title :;r Position Signature Facsimile signatura A.T) n -X ,�! (i} sad)/ R. ,� e O X J X y w E. •SE'.0 - X I X X • POWFERS GRANTED (Attach one or mere Agents to each power by placing to letter corresponding to their name in the area before each power. Foltowing each power indicate the number of Agent signatures reguirad to exercise the rower.) Indicate A. H, C, Descripticn of Fewer Indicate number of D. E, a ,dlor F�^�, signatures r equired (1) Exercise all Cf the powers listed in this resolution. (2) Open ary deposit or share accaurt(s) in the name of the Corporation, (3) Endorse checks and orders fcr the payment of money or Otherwise withdraw or transfer funds on deposit with this Financial Institution, (4) Sorrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes or other evidences of indebtedness- (6) Endorse, 2ssi'gn, transfer, mortgage or pledge bills rec2lvabie, warehouse receipts, bills of lading, stocks, bonds, real estate or other property new owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to ciis ecunt the same, Uneonditicnally guarantee payment of all bills received. negotiated or discountad and to waive damard, presentment, protest, notice of protest and notice of ncn- payment. (6) Enter into a wr izen lease for the pL'rpasa of tenting, maintaining, accessing and terminating a Safe Deposit Ecx in this Financial Instttuff n, (7) Othar G'- *�£.ir� 1 t 2 �i,Z_� c�cyrc �1a3•t LIMITATIONS ON POWERS Tne :`chewing are the CorpVaiior.'s express limitations an the powers granted under this rasoluticn. EFFECT ON PREVIOUS RESOLUTiCN$ TNs reWwu cn supersedes resolution dare act Completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY I fur:tler certify that the Board of Directors of the Corperafon has. and at the ;ime of adoption of this resolution had, full power and lawful authority to adept the foregoing resolutions and to confer the powers gran m the persons nameo -Nho hava full power and lawful authority to exercise the same, (Apply seal below where appropriate,) [J If checked, me corporation is a ncn - profit carporaticn. In Witness Whereof, t have sUi;iscribed my n=e to this c npument and affixed the Seat of the AV by ane Wet V 0 1963. 1397 3an Kif`j 3y=tamn.'91e., 3t, Casa. UN =orm CA-1 !'tasH 0 a /-"-) 6n f o r-1 Mr. Scott Anderson Doboszenski & Sons, Inc. 6450 Pioneer Trail Loretto, MN 55357 SUBJECT: 2004 INFRASTRUCTURE IMPROVEMENTS - PROJECT NO. 759 Enclosed are two fully executed contract documents for New Hope Project No. 759. 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 April 12, 2004, for $2,224,213.59. 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 (File No. 99.10030.13) Vince VanderTop, Assistant City Engineer (File No. 34 -03 -153) Guy Johnson, Director of Public Works CITY OF NEW HOPE 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 e www. ci.new- hope.mn.us City Hall: 763- 531 -5100 e Police (non - emergency): 763- 531 -5170 o 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 DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification 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 op, P.E. Date: March 5, 2004 Reg. No. 25770 END OF DOCUMENT 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates Inc. PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS 2004 INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 759 FILE NO. 34 -03 -153 NEW HOPE, MINNESOTA M Introductory Information 00005. Professional Certifications 00010. Table of Contents Bidding Requirements 00100. Advertisement for Bids 00200. Instructions to Bidders 00300. Information Available to Bidders 00410. Bid Form Contracting Requirements 00520. Agreement Form 00610. Performance Bond 00615. Payment Bond 00700. EJCDC C -700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800. Supplementary Conditions Specifications Division 1 — General Requirements 01100. Summary 01310. Project Management and Coordination 01400. Quality Requirements 01500. Temporary Facilities and Controls 01570. Erosion and Sediment Control 01700. Execution Requirements 34-03-153 00010 -1 © 2004 Bonestroo, Rosene, TABLE OF CONTENTS Anderlik & Associates, Inc. Specifications Continued... Division 2 — Site Construction 02225. Removals 02230. Site Clearing 02280. Adjust Miscellaneous Structures 02285. Reconstruct Miscellaneous Structure 02315. Excavation and Fill 02318. Subgrade Preparation 02320. Trench Excavation and Backfill 02341. Geotextile Soil Stabilization 02510. Water Main 02515. Water Services 02535. Sanitary Sewer Services 02630. Storm Drainage 02635. Subsurface Drainage 02720. Aggregate Base Course 02360. MnDot Combined 2360/2350 Plant Mixed Asphalt Pavement 02740. Plant Mixed Asphalt Pavement 02770. Concrete Curb and Gutter 02775. Concrete Walks, Medians and Driveways 02920. Lawns and Grasses 02935. Transplanting Tree and Shrubs 02965. Reclamation 34-03-153 00010 -2 © 2004 Bonestroo, Rosene, TABLE OF CONTENTS Anderlik & Associates, Inc. DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 1:30 P.M., C.S.T., on Tuesday, March 30, 2004, at which time they will be publicly opened and read aloud for the furnishing of all labor, material, and all else necessary for the following: 2004 Infrastructure Improvements — City Proiect No. 759, File No. 34 -03 -153 Consisting of the following approximate quantities: 36,900 SY Reclaim Bituminous Pavement 21,500 LF Remove and Replace Concrete Curb and Gutter 13,550 SY Mill and Overlay 73,800 SY Bituminous Paving, Aggregate Base, Select Granular, Fabric 11,200 LF Remove and Install New Water Main, Fittings, GVs, Hyd, Services 2,080 LF Storm Sewer, including Structures 9,700 CY Common Excavation, Off -Site 1 LS Temporary Water Service 1 LS Temporary / Salvage and Reinstall Mailboxes 1 LS Sod Bidders desiring a copy of the Drawings and Specifications may obtain them from the Issuing Office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 West Highway 36, St. Paul, MN 55113, (651) 636 -4600 upon payment of a non - refundable fee of $45.00. Drawings and Specifications may be seen at the office of the City of New Hope and at the Issuing Office. Drawings and Specifications can also be purchased with a credit card over the Internet from 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 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 3 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 60 days after the date and time set for the Opening of Bids. Payment for the work will be by cash or check. 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 -03 -153 ADVERTISEMENT FOR BIDS © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall 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 within 5 days of Owner's request, Bidder shall submit written evidence such as 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 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND PROJECT SITE 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 Project 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 Project 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 Project Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -2 INSTRUCTIONS TO BIDDERS 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at , the Project 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. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, 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 Project Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Project 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 Project 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 Project Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 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 Project Site by Owner or others (such as utilities and other prime contractors) that relates to the work contemplated by these Bidding Documents. 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. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -3 INSTRUCTIONS TO BIDDERS 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Project Site and become familiar with and satisfy Bidder as to the general, local, and Project 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, and performance of the work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Project Site and all drawings of physical conditions in, or relating to, existing surface or subsurface structures at, or contiguous to, the Project 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 Hazardous Environmental Conditions at the Project Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not 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 Project 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 applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, 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(s) 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 Project 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 Project Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -4 INSTRUCTIONS TO BIDDERS I. 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. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no pre -Bid conference. ARTICLE 6 — PROJECT SITE AND OTHER AREAS 6.01 The Project Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided 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. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer 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. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. 34 -03 -153 O 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -5 INSTRUCTIONS TO BIDDERS ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check or bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 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 other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which, Milestones are to be achieved and the work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or describe 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. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -6 INSTRUCTIONS TO BIDDERS ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 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 5 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. 12.02 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. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid Item listed therein. 13.03 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. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -7 INSTRUCTIONS TO BIDDERS 13.04 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. 13.05 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 shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 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, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. 13.13 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. 13.14 Bidders shall circle the name of the Base Bid Manufacturer they will provide, if awarded the Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an item, the first item listed shall be provided. 13.15 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the work if the Bidder is awarded the Contract. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -8 INSTRUCTIONS TO BIDDERS ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price With Alternates A. Bidders shall submit a Bid on a Bid Unit Price for each Bid Item of work listed in the Bid Form, 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 the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. 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 Bid Unit Prices will be resolved in favor of the Bid 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 "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 to not accept any Alternate Bids. 14.02 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 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids, 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. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -9 INSTRUCTIONS TO BIDDERS ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be 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. 16.02 Bids may be withdrawn after Bid opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non - responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 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 19 — EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any, or all, Bids, including without limitation, nonconforming, nonresponsive, 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 not be 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. 19.03 More than 1 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 1 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. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -10 INSTRUCTIONS TO BIDDERS 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 19.06 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. 19.07 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 20 - CONTRACT SECURITY AND INSURANCE 20.01 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 shall be accompanied by such Bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 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 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -11 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 INFORMATION AVAILABLE TO BIDDERS Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. INFORNIATION AVAILABLE TO BIDDERS Bonestroo Rosene Anderlik & Associates Engineers & Architects BIDDER: �0 b o5 DOCUMENT 00410 BID FORM 2004 INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 759 FILE NO. 34 -03 -153 NEW HOPE, MINNESOTA Bid Opening Time: 1:30 P.M. C.S.T. Bid Opening Date: Tuesday, March 30, 2004 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general, loca,l and Project Site conditions that may affect cost, progress, and performance of the work. C. Bidder 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. 34 -03 -153 00410 -1 BID FORM D. Bidder has carefully studied all: ( t) reports of explorations and tests of subsurface conditions at, or contiguous to, the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Project 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, which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Bidder 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 Project 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 applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work for which this Bid is submitted. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to Opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 34-03 -15 00410 -2 BID FORM 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a Contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer, and their employees and agents, which arise out of, or relate to such investigation and evaluation, 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. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a Contract pursuant to law. 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Bid Unit Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and Final Payment for all Bid Unit Price Bid Items will be based on actual quantities provided, determined as provided in the- Contract Documents. No. Item Units Qty Unit Price Total Price 7 c3/ PART 1 - WATERMAIN: 1 MOBILIZATION LS 1 $ 3l 67 S Z? $ 6 /r7� 5`7 2 6" DIP WATER MAIN, CLASS 52 LF 7,700 $ $ 3 8" DIP WATER MAIN, CLASS 52 LF 1,770$ C;� a $ `� y1 - 4 12" DIP WATER MAIN, CLASS 52 LF 1,815 $ 1 $ 34 -03 -153 00410 -3 BID FORM 7 c3/ 7 3- 7 (;� ? 5 6" GATE VALVE AND BOX EA 41 $ $ 6 8" GATE VALVE AND BOX EA 4 $ /` 2-0 7 12" BUTTERFLY VALVE AND BOX EA 4$ $ 5 8 DUCTILE IRON FITTINGS LB 8,000$ "' $ /a 33 3)9 9 INSTALL HYDRANT EA 18 $ / v $ 10 CONNECT TO EXISTING WATER EA 15 $ J $ 990 '" MAIN p j✓ Cf - — 11 BULKHEAD EXISTING WATERMAIN EA 5 $ ` $ ` 12 IMPROVED PIPE FOUNDATION /6 LF 10,000$ $ bo 6j 13 REMOVE WATER MAIN LF 10,700 $ _ $ y / 11-51T 34 -03 -153 00410 -3 BID FORM No. Item Units Qty Unit Price Total Price 14 REMOVE HYDRANT EA 18 $ ;RI % 6 '' r $ 33"IE y 06 $ � '710 15 RECONNECT EXISTING SERVICE EA 204 $ $ 23 "K" LF 21,650$ 16 1" TYPE COPPER WATER LF 7,400$_ 17 SERVICE 24 B618 CONCRETE CURB AND GUTTER 1" CORP EA 204$ $ " 18 1 CURB STOP AND BOX EA 204 $ REMOVE CONCRETE SIDEWALK 19 INSULATION, THICK $ 3" SY 10$ y3 ''� 20 TEMPORARY WATER SERVICE LS 1$ g�/ a7 $ 21- CLEAR AND GRUB TREES EA 10$ �� yfl $ p 6s TOTAL PART 1 - WATERMAIN PEDESTRIAN CURB RAMP EA $ b � 34 -03 -153 00410 -4 BID FORM PART 2 - STREET IMPROVEMENTS: Vo 7O Z j� ` 7c� as 22 TRAFFIC CONTROL LS 1 $ $ � 5 23 REMOVE CONCRETE CURB AND LF 21,650$ $ GUTTER Q y 24 B618 CONCRETE CURB AND GUTTER LF 21,650$ V $ ___-- Q �v s 25 REMOVE CONCRETE SIDEWALK SY 230 $ $ y3 ''� 7160 �C> 26 4" CONCRETE SIDEWALK SF 2,070$ $ 27. PEDESTRIAN CURB RAMP EA 3 $ a r1 /C0 28 AGGREGATE BASE, CLASS 5 (CV) CY 9,000 $ '; $ 3 a 6 00 pA 29 SELECT GRANULAR BORROW (CV) CY 8,000$ $ / 9y !L0 / 75 30 GEOTEXTILE FABRIC, TYPE V, SY 16,800$ $ o? WOVEN � 31 GEOTEXTILE FABRIC, TYPE V, NON- SY 26,300$ WOVEN � / �YO °o 32 COMMON EXCAVATION (P) CY -98-$ _p $ �i ' .6 3;� — / 33 TYPE LV 3 NON WEARING COURSE TN 4,900 $ TYPELV 4 -7'1 / 6R 3o 34 WEARING COURSE TN 3,700$ $ MIXTURE (B) 34 -03 -153 00410 -4 BID FORM No. Item Units Qty Unit Price Total Price RECLAIME BITUMINOUS PAVEMENT -13 3 35 BITUMINOUS MATERIAL FOR TACK GAL 1,950 $ '3 COAT 7 45 SODDING, LAWN TYPE Ile wo C " 36 6' DRIVEWAY SY 2,750$ PAVEMENT (7-5 J5 p 5 37 TYPE LV 4 BITUMINOUS MIXTURE TN 350 $_ $ $ (B), FOR DRIVEWAYS q3 6/ 38 REMOVE CONCRETE DRIVEWAY SY 1,300$ 1$ $ $ PAVEMENT MAILBOXES 5' 1 �/ 39 REMOVE BITUMINOUS DRIVEWAY SY 2,000 $_ I-- - $ 1$_ PAVEMENT 40 REMOVE AND INSTALL NEW R3067V EA 24 $ 7375 0 ro 49 WATER FOR DUST CONTROL CASTING 250$_ 6�� v: 41 REMOVE AND INSTALL NEW R I 642B EA 52 $ /0/±/ $ -3 3 L/ 30 CASTING STREET SWEEPER WITH OPERATOR HR 30$ 42 RECLAIM BITUMINOUS PAVEMENT SY .36,900$ 5 51 3 a_7 HR 43 SAW BITUMINOUS PAVEMENT LF 700$ r ? vo 1 � yo 00 44 SALVAGE AND RE-USE CLASS 5 AND CY 2,100$_ $ RECLAIME BITUMINOUS PAVEMENT (CV) '3 7 45 SODDING, LAWN TYPE SY 18,500$ $ 33 (7-5 q 46 TOPSOIL BORROW (LV) CY 2,100 $ $ q3 6/ 1 73 q /(5' C / 47 SALVAGE AND REINSTALL LS 1$ $ MAILBOXES // 3 :3 33 48 TEMPORARY MAILBOXES LS 1$_ Q<? 7375 0 ro 49 WATER FOR DUST CONTROL 1000 GAL 250$_ /0/±/ 3 L/ 30 50 STREET SWEEPER WITH OPERATOR HR 30$ $ 5 51 MOTOR GRADER WITH OPERATOR HR 40$ $ 3 52 4" PERFORATED PVC DRAINTILE, LF 2,400$ $ SDR 35 11106 53 CONNECT DRAINTILE TO EXISTING EA 44$_ $ STRUCTURE 5 /5 7 54 ADJUST FRAME AND RING CASTING EA 52 $ $ -3b 3 yp 55 RECONSTRUCT MANHOLE LF 10$ $ 56 STORM DRAIN INLET PROTECTION EA 30$ $ 34-03-153 00410-5 BID FORM No. Item Units Qty Unit Price Total Price g 7 V3 57 SALVAGE AND REINSTALL SIGNS LS 1 $ 7-2 //0 5 TOTAL PART 2 - STREET $ IMPROVEMENTS PART 3 - MILL AND OVERLAY: 7" 58 TYPE LV 4 WEARING COURSE TN 1,400$ MIXTURE (B) : 5110 (5 V 59 MILL BITUMINOUS PAVEMENT (I- SY 7,300$ �20 — 1/2" DEEP) -2-3 005 60 BITUMINOUS MATERIAL FOR TACK GAL 700$ COAT 61 ADJUST VALVE BOX EA 5 $ 01 62 ADJUST FRAME AND RING CASTING EA 16 $ 75 CA :E-' 63 REMOVE BITUMINOUS PAVEMENT SY 150$ - 0A 37 5 6 " 64 TYPE LV 3 BITUMINOUS MIXTURE TN 45 $ (B), FOR PATCHING 76 65 REMOVE AND INSTALL NEW LF 800 $ $ CONCRETE CURB AND GUTTER 66 1" CORPORATION STOP WITH 12" EA 2$ SADDLE "K" 67 1" TYPE COPPER WATER LF 80$- SERVICE 77 3 V 1?0 68 1" CURB STOP AND BOX EA 2$ 69 CUT 4" SANITARY SERVICE INTO 9" EA 2 $ VCp ') 76o—. 70 4" PVC, SDR 26 SERVICE PIPE LF 80$ V TOTAL PART 3 - MILL AND $ OVERLAY PART 4 - STORM SEWER: 71 SALVAGE AND REINSTALL SF 275 $ RETAINING WALL 7 72 12" STORM SEWER LF 371 $ $ 7 °;'YI6 73 15" STORM SEWER LF 1,174$ $ - � 3 / q3c 74 18" STORM SEWER LF 35 $ $ 34-03-153 00410-6 BID FORM No. Item Units Qty Unit Price $ Total Price OVERDEPTH v? 7 a p L/ 76 75 27" RCP STORM SEWER, CLASS 3 LF 559 $ 6 3 $ 76 36" RCP STORM SEWER, CLASS 3 LF 15 $ 56 $ q,5 g 77 4' DIAMETER STORM SEWER MH EA 2 $ / ` ©� $ D 7 a y 78 4' DIAMETER STORM CBMH, INCL. EA 14 $ 79 CSTG. 5' DIAMETER STORM CBMH, INCL. - EA 1 $ ` 5 $ � '15 o f _ v STRUCTURE 7-1 6 80 RD DRAIN, INCL. CSTG. YARD EA 1 $ °�� 81 TX T CB, INCL. R- 3067 -V CSTG. EA 5 $ $ � �p 87 REMOVE STORM SEWER PIPE LF 7? ` / *7 -7 82 4' DIAMETER STRUCTURE LF 12$- $ OVERDEPTH v? 7 a 83 CONNECT TO EXISTING PIPE EA 1 $ / 7 — 84 CONNECT EXISTING STORM PIPE TO - EA 3 $ f f $ STRUCTURE 85 CONNECT STORM PIPE TO EXISTING EA 3$ $ v STRUCTURE 6 c� � -- 86 IMPROVED PIPE FOUNDATION LF 1,000$ ?� �p 87 REMOVE STORM SEWER PIPE LF 594$ ` $ �-� -35 g� 88 REMOVE STORM STRUCTURE EA 6$ $ � 3 ya 89 TRANSPLANT DOGWOOD EA 5$ 6� y7 ..-- 90 4" PVC, SCHEDULE 40 LF 40 $ $ Q aq X 70 91 REMOVE FENCE LF 30$ V $ VK,6 b� 92 SILT FENCE LF 200$ $ 6 3 TOTAL PART 4 - STORM SEWER $ 34 -03 -153 00410 -7 BID FORM ' N0. Item Units Qty Unit Price Total Price BASE BID: TOTAL PART 1 - WATERMAIN TOTAL PART 2 - STREET IMPROVENMNTS 3 4 :U. 4 TOTAL PART 4 - STORM SEWER TOTAL BASE BID LF EA LF EA LF CY TN TN GAL SY CY $ ylC b oy 8a $ 6 D63 $ � )q-s Y3,5 L' 296 $ ALTERNATE NO. 1 - 50TH AVENUE NORTH/XYLON AVENUE NORTH: 93 12" STORM SEWER 94 2 x 3 CATCH BASIN 95 REMOVE AND INSTALL NEW CONCRETE CURB AND GUTTER 96 CONNECT STORM PIPE TO EXISTING �- STRUCTURE 97 SAW BITUMINOUS PAVEMENT 98 AGGREGATE BASE, CLASS 5 (CV) 99 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 100 TYPE LV 4 WEARING COURSE 20$- 350$ MIXTURE (B) 101 BITUMINOUS MATERIAL FOR TACK __- �, aC/ COAT 102 SODDING, LAWN TYPE 103 TOPSOIL BORROW (LV) TOTAL ALTERNATE NO. 1 - 50TH AVENUE NORTH/XYLON AVENUE NORTH LF EA LF EA LF CY TN TN GAL SY CY $ ylC b oy 8a $ 6 D63 $ � )q-s Y3,5 L' 296 $ / d C) °a I $ 310$ $ 1.�Cy /� f r-� � / ! 310$ �- $ / d � 65 $ 35 $ $ 70 a � o 7 35 - 20$- 350$ f D 3 / $ 6� �— __- �, aC/ 35$ Ll $ GG 0 34 -03 -153 00410 -8 BID FORM N0. Item Units Qty Unit Price Total Price ALTERNATE NO.2 - 50TH AVENUE �g �;) 57 b LF 296$ / $ EA 2$ _ 6 _ a $ SY 600$ � $ D 7 � ( C1s Q37 a_ CY 60$ $ $ �/ 7/ 016 34 -03 -153 00410 -9 BID FORM NORTH/XYLON AVENUE NORTH: 104 12" STORM SEWER, 105 YARD DRAIN, INCL. CSTG. 106 SODDING, LAWN TYPE 107 TOPSOIL BORROW (LV) ALTERNATE NO.2 - 50TH AVENUE NORTHIXYLON AVENUE NORTH �g �;) 57 b LF 296$ / $ EA 2$ _ 6 _ a $ SY 600$ � $ D 7 � ( C1s Q37 a_ CY 60$ $ $ �/ 7/ 016 34 -03 -153 00410 -9 BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and ready for Final Payment in accordance with paragraph 14.07.13 of the General Conditions on or before the dates, or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 Percent. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on / ' �a f`6 �] OU 2004. If Bidder Is: An Individual Name (typed or printed): By: Doing business as: Business address: Phone No.: (Individual's signature) Fax No.: (SEAL) 34 -02 -140 00410 -10 BID FORM A Partnership A Corporation Partnership Name: (Signature of general partner) M Name (typed or printed): Business address: Phone No.: Fax No.: Corporation Name: ,�4 40 r 166. c/� (SEAL) State of Incorporation: lt4 n-1 Type (General Business, Professional, Service, Limited Liability): _ (Signature) M Name (typed or printed): _J2,' zz A' lDdit d fi11A Title: Vl 'e{ Attest � U' (CORPORATE SEAL) ol (Signature o orporate Secretary) Business address: 5 0 �r�1 7/ca 5557 Phone No.: '7c/,-3 V Fax No.: 7-63 - �` / �� 3 34 -02140 00410 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Business address: Fax No.: Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). (Signature of joint venture partner) 34 -02 -140 00410 -12 BID FORM - - - - -- T -HE AMERICAN INSTITUTE OF ARCH ITECTS AIA Document A310 B id Bo KNOW ALL MEN BY THESE PRESENTS, that we Doboszenski & Sons, Inc. as Principal, hereinafter call the Principal, and Great American Insurance Company a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope, Minnesota as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5 %) Of Amount Bid Dollars ($ 5 % for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2004 Infrastructure NOW THEREFORE, if the Obligee shall accept the bid.of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified'in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this (Witness) 30th day of Fon IT. March 2004 (Prin 'pat) }' (Seat) d� f��t' f ` �-7 J . (Title Great (Witness) M.A. Jones (Surety) (Seal) In -Fact AIA DOCUMENTA310•BID BOND •AIA ® •FEBRUARY 1970 ED.• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON D.C. 20006 CORPORATE ACKNOWLEDGMENT STATE OF n COUNTY OF On the 30th day of March , 2004 , before me personally appeared , Q CCIJ lSkc to me, who being duly s orn, did depose and say: that s/he resiIIes in LArLo-p rn10 that s/he is the ( C6(.VA4-- of the Doboszenski & Sons Inc. the corporation described in and which executed the foregoing instrument; that. s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. MARY S. HITCHINGS t �, (SEAL) i NOTARY PUBLIC-MINNESOTA F MY COMMISSION EXPIRES 1- 31.2005 Notary Public m vv� ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF RAMSEY On the 30th day of March 2004 before me personally appeared, M.A.' Jones to me known, who being duly sworn, did say: that s/he resides in the City of St. Paul, MN 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 corporation. (SEAL) NICOLE MARIE COTY Notary Public- Minnesota My CommLg5&I makes Jan 31, 2005 Notary bbc 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 POWER OF ATTORNEY No, 017857 KNOW ALL IMEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existin, 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. ` A.A. JONES ITTON E.S. FIELD, JR. %E. LAUNSTEIN Name Address ALL OF ST. PAUL, MINNESOTA Limit of Power ALL UNLIMITED 4ICOLE M. COTY This Power of Attorney revokes all previous powers issued in behalf of the auomey(s) -in -fact named above. iN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be sighed and attested by its appropriate officers and its corporate seal hereunto affixed this 16TH day of FEBRUARY 2004 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DOUGLAS R. BOWEN (513 369 - 3811) On this 16TH day of FEBRUARY, 2004 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn. deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Companv; that the seal affixed to the said 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 like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1. 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anv one e f them, be fund hereb is authori ed, 60177 time to time, to appoint one or more Atteirneus -fn -Fact to execute on behalf of the Company, as surety; any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof: to prescribe their respective ditties and the respective limits of their authority: and to revoke any such appointnnertt at any time RESOLVED FURTHER: That the Company seal and the signature of any (.If the aforesaid a�r`cers and any Secretary or Assistant Secretary of the Company may be affxed by facsirrnile to any power of attorne or certificate o f eirher givenfor the execution of anv bond, undertaking, contractor suretyship, or either written obligation in the nature thereof, such signature and seal when so rtsed being hereb adapted by the Company as the original signature of such o f officer and the original .real of the Company to be valid and binding upon the Company with the, sanne force and effect as though mantialh% affixed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions 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 March 2004. , i 1029T(11/01) DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between City of New Hope, Minnesota, (hereinafter called Owner) and Doboszenski & Sons Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I - WORK 1.01 Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: municipal utility and street construction for the City of New Hope, Minnesota, City Project No. 759. ARTICLE 2 — THE PROJECT 2.01 The Project for which the work under the Contract Documents may be the whole or only a part is generally described as follows: 2004 Infrastructure Improvements Project for the City of New Hope, Minnesota, City Project No. 759. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113 (Engineer), 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 4 - CONTRACT TIMES 4.01 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. 4.02 Dates for Milestones, Substantial Completion, and Final Payment A. All work involved in this Project, with the exception of the mill and overlay and wear course paving, shall be completed on or before December 3, 2004. B. Any remaining restoration work shall be completed on or before May 11, 2005. C. All wear course paving shall be completed on or before June 11, 2005. D. All of the work of the Project shall be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before June 25, 2005. 34 -03 -153 C) -2004 Bonestroo, Rosene, 00520 -1 Anderlik & Associates, Inc. AGREEMENT FORM E. Should Alternate #1 be awarded, all work involved with the Alternate shall be completed on or before June 4, 2004. The City will be seal coating the streets in this area. It is necessary to complete the work on this Project area prior to the seal coating work by others. (Added by Addendum No. 1.) 4.03 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 $250.00 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 $250.00 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. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount 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 Two Million Two Hundred Twenty -Four Thousand Two Hundred Thirteen Dollars and Fifty -Nine Cents ($2,224,213.59) for the Total Base Bid, Alternate No. 1, and Alternate No. 2. Alternate No. 2 is included in the Contract amount contingent upon acquisition of easements from impacted properties. If easements are not acquired, the Contract amount will be reduced by the Bid amount of $9,471.80. ARTICLE 6 - PAYMENT PROCEDURES 6.01 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. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the work as provided in Paragraphs 6.02.A.1 and 6.02.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 Bid 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, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of work completed (with the balance being retainage). 34 -03 -153 © 2004 Bonestroo, Rosene, 00520 -2 Anderlik & Associates, Inc. AGREEMENT FORM b. 95 percent 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 percent of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.8.5 of the General Conditions and less 100 percent 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. 6.03 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 7 - INTEREST 7.01 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 8 - CONTRACTOR'S REPRESENTATIONS 8.01 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. B. Contractor has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project 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 Project Site and all drawings of physical conditions in, or relating to, existing surface or subsurface structures at, or contiguous to, the Project 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 Project 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 Project 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 34 -03 -153 Cry - 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520 -3 AGREEMENT FORM 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 Project 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 Project 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 9 - CONTRACT DOCUMENTS 9.01 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: 2004 Infrastructure Improvements; 7. Addenda (Number One, inclusive); 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 34 -03 -153 © • 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520 -4 AGREEMENT FORM 9. The following which may be delivered or issued on or after the Effective Date of the Agreement, and are not attached hereto: a. Notice to Proceed b. Work Change Directives; Change Order(s). B. The documents listed in Paragraph 9.01.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 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. 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. 10.03 Successors and Assigns A. 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. 10.04 Severability A. 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 -03 -153 ©•2004 Bonestroo, Rosene, 00520 -$ Anderlik & Associates, Inc. AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One (1) 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. /1 This Agreement will be effective on ?ZLj/ 2004 (which is the Effective Date of the Agreement Owner: Address for giving notices: I I / / ' I 6��L/ 'V(j4�-I-1 0'o-vak/ Contractor: Doboszenski & Sons, Inc. B y: . Z'e & L/ // � A Attest Address for giving notices: License No. (Where applicable) Designated Representative: Name: r/ J 1)br 4 Au e Title: Zz/ Address: Ah 6& Phone: — - i3/ Designated Representative: Z� Name: gz"" Title: Address: Phone: - 76 � — " "P 6 -/ V I Facsimile: '163-- 53/ - 513� Facsimile: - 7&' 3 - �Zd` - � V / END OF DOCUMENT 34-03-153 @ .2004 Bonestroo, Rosene, Andeflik & Associates, Inc. 00520-6 AGREEMENT FORM vsi�ai�vvt i�:v� rnA !O 4as alas JENSEN & SUNDRALL, Y.A. 0003/006 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Princi �pp�ii of Business): DOBOSZENSKI & SONS, INC. GREAT AMERICAN INSURANCE G Ny a 6470 Pioneer Trail, Loretto, MN. 55357 580 Walnut Street OWNER (Name and Address): Cincinnati, Ohio 45202 CITY OFNEW HOPE 4401 Xylon Avenue North New Hope, Minnesota 55428 CONTRACT Date: April 19th, 2004 Amount: Two Million Two Hundred Twenty Four Thousand Two - Hundred Thirteen & 59/100 Description (Name and Location): ($2,224,213.59) 2004 Infrastructure Improvements Project, City Project 759 BOND Bond Number: FS 5844598: _ Date (Not earlier than Contract Date): April 19th, 2004 Amount:Two Million Two Hundred Twenty Four THusand Two Hundred Thirteen & 59/100 Modifications to this Bond Form: ($2,224,213.59) 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 representative. CONTRACTOR AS PRINCIPAL Company: Doboszenski & Sons, Inc. Signature: _ Name and Tide: (Seal) (Space is provided below for signatures of additional parties, if requ CONTRACTOR AS PRINCIPAL Company: Signature: (mil) Name and Title: SURETY Great A a I,a ur ce Company Y` BY: ,�' u (Seal) Surety's Name and Corp6rAfe Seal By: M. A. Jones, Attorney —in —Fact Signature and Title (Attach Power of Attorney) Attest: / AJ r Signature aid Title (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: CDC No. C-610 (2002 Edition) iginally prepared through the joint efforts of the Surety Association or America, Engineers Joint Contract ]Documents Committee, the Associated General retractors of America, and the American Institute or Architects. 00610 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract. Surety and 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, Surety's obligation under this Bond shall arise after. 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract; but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contactor Default and formally terminated Contractor's right to complete the Contract Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 6. Mier Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shalt not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to Commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract. Surety is obligated without duplication for. 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 1. Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and located and shall be instituted within two years after Contractor Defauh or within two at Surety's expense take one of the following actions: years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of 4.1. Arrange for Contractor, with consent of Owner, to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation the Contract; or available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2. Undertake to perform and complete the Contract itself, through its agents 10. Notice to Surety, Owner, or Contractor shall be trailed or delivered to the address or through independent contractors; or shown on the signature page. 4.3. Obtain hids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be segued with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefiom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness tinder the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner, or 2. Deny liability in whole or in pan and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreemient between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract 12.4. Owner Default. Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY_ Name, Address and Telephone Surety Agency or Broker T.C. FIELD & COMPANY, P.O. Box 64016, St. Paul, MN. 55164 (651- 726 -5118 Owner's Representative (Engineer of other party) JENSEN & SONDRALI; 'PA. 8525 Edinbrook Crossing 6201 Brooklyn Park, Minnesota 55443 -1968 (763 -424 -8811) 00610 -2 VY 1G014".VV't ti.Vo rA4. 100 'IVO 0XV0 JznDnn M ounvi2ALL, Y.A. PA.'�t MENT B ®ND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. 2004 Four Thousand Two Hundred'Thi.rteen & 59/100 ($2,224,213.59) '-ONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): DOBOSZENSKI & SONS, INC. GREAT AMERICAN INSURANCE COMPANY 6470 Pioneer Trail, Loretto, MN.55357 580 Walnut Street, Cincinnati, Ohio 45202 )WNER (Name and Address): CITY OF NEW HOPE 4401 Xylon Avenue No., New Hopi;, MN. 55428 :ONTRACT Date: April 19th, 2004 Amount: Two Million Two Hundred Twenty Four Thousand Two Hundred Thirteen & 59/100 Description (Name and Location): ($2,224,213.59) 2004 Infrastructure Improvements Project, City Project - 759 tOND Bond Number: FS 5844598 Date (Not earlier than Contract Date): April 19th, Amount; Two Million Two Hundred Twenty Modifications to this Bond Form: urety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this ayment Bond to be duly executed on its behalf by its authorized officer, agent, or r( presentative. CONTRACTOR AS PRINCIPAL SURETY Company: Doboszenski & Sons, Inca Great _ Aide r;cn Ins once Comany Signature: _ Name and Title: (Seal) BYE / _ '_ Surety's Name and By M . A. Jones, Attorney -in -Fact ;Space is provided below for signatures of additional )arties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) Signature and Title (Attach Power of Attorney) Attest: Gl., ry Signature and Title SURETY WJU05 /006 (Seal) (Seal) Surety's and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: 7. DC No. C-615 (2002 Edition) givalty prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General itractors or America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615 -I INK 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor. 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging con- payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly cotified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor Promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.I. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof; to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor. 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed, and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. S. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.I. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall b used fe the performance of the Contract and to satisfy claims, if any, under an performance bond. By Contractor furnishing and Owner accepting this Bond they agree that all funds earned by Contractor in the performance of the Contrac arc dedicated to satisfy obligations of Contractor and Surety under this Bond subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for Payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year fro m the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If'the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in die jurisdiction of the suit shall be applicable. 12.' Notice to Surety, Owner, or Contractor shall be mailed or delivered to the w addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEM] TIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a fast -der subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, Power, Gght, heat, ail, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's Hen may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY —Name, Address and Telephone Surety Agency or Broker: T.C. Field & Company, P.O.. Box 64016, St. Paul, MN. 55164 (651- 726 -5118) Owner's Representative (Engineer or other party): 8 Ed4:f17br'5 .`•yii lain, r-UN- DJ44i t /63- 414 -8811) 00615 -2 CORPORATE ACKNOWLEDGMENT STATE OF _ COUNTY OF On the 19th day of April 2004 , before me personally appeared , to me, who being duly sworn, did depose and say: that s /he resides in that s /he is the of the Doboszenski & Sons, Inc. the corporation described in and which executed the foregoing instrument; that s /he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s /he signed her /his name thereto by like order. (SEAL) Notary Public ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Ramsey On the 19th day of April j 2004 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 corporation. (SEAL) i ^ Notar P blic �l.- LE MARIE 00 y ,r Nota,y Public - Minnesota _ , My Commission Expires Jan 31, 2005 SECTION 01100 SUMMARY PARTI - GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 2004 Infrastructure Improvements for the City of New Hope, Minnesota, City Project No. 759. B. Description of Work: Project consists of reconstruction of city streets, mill and overlay, new storm sewer, storm sewer reconstruction, and water main replacement. 1.03 COMPLETION DATES A. Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Project Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction should be reviewed and approved by the Owner, and shall be removed upon completion of work. 2. Keep existing driveways and entrances clear and available to the public and to the Owner: a. The salvaged Class 5 and reclaimed bituminous pavement shall be used to maintain access to resident's driveways at no additional cost to the Owner. 3. If additional space is needed, obtain and pay for such space offsite. 34 -03 -153 © 2004 Bonestroo, Rosene, 01100 -1 Anderlik & Associates, Inc. SUMMARY B. Access to Project Site: 1. Hauling access shall be limited to Flag Avenue North from Medicine Lake Road. Consult with Engineer if alternate route is required. C. Other Work at Project Site: 1. The installation and revision of electric power, telephone lines, gas lines, and cable TV by private utilities is anticipated. 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 -03 -153 © 2004 Bonestroo, Rosene, 01100 -2 Anderlik & Associates, Inc. SUMMARY SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 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 Project Site. B. Project Utility Sources: Coordinate work with the following utility owners. The following utilities are known to be on the Project 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, Cherie Monson, P.O. Box 1165, Minneapolis, MN 55440 -1165; ph: 612 - 321 -5435; fax: 763 - 321 -5480. 6. Telephone: Qwest, Carrie Oster, 9700 Schmidt Lake Road, Room 155, Plymouth, MN 55442; ph: 763 - 381 -5542; fax: 763 - 536 -5098. 7. Cable TV: Comcast Communication, Doug Zahn, 1238 Grey Fox Road, Arden Hills, MN 55112 -6930; ph: 651 - 493 -5316; fax: 651- 493 -5116. C. Owner requires 48 hour notice for all utility interruptions. D. Private utility information obtained from utility owners /operators is shown on the Drawings in a general way. The location of utilities is not guaranteed. The locating of utilities and coordination during construction is the responsibility of the Contractor. Final locations of all utilities, per the Gopher One System, will be the responsibility of the Contractor. All costs associated with the private utility coordination shall be incidental to the total work of the Project. 34 -03 -153 01310 -1 © 2004 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. COORDINATION Private utility information was provided to the City per design locate Ticket Numbers 28762, 28783, 28789, 28801, 28807, 28810, 28813, 28818, 28819, 28825, 28831, 28835, 28841, 28847, 28866, 28874, and 28879. The corresponding streets are shown in the table below: TICKET # STREET NOTES 28762 30 Avenue North 28789 31 Avenue North Section near Independence Avenue 28831 3 1 St Avenue North Section near FI ag Avenue — 28801 33 Avenue North 28807 34 Avenue North 28810 34 -1/2 Avenue North 28835 Ensign Avenue North 28841 Ensign Avenue North Near Flag Avenue (storm sewer) 28825 Flag Avenue North 28813 Gettysburg Avenue North 28818 Hillsboro Avenue North 28819 Independence Avenue North 28783 Independence Circle 28847 Independence Circle Jaycee Park (storm sewer) ALTERNATES 28874 50 Avenue North Alternates #1 & #2 28866 Xylon Avenue North Alternates #1 & #2 28879 Yukon Avenue North Alternates #1 & #2 Information provided is of Quality Level D (QLD) as defined by ASCE Standards. Utility locations shown on the Drawings are based on this QLD information, and have not been verified with a field survey. 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. MPCA Stormwater Discharges Associated With Construction Activities NPDES General Permit. B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 34 -03 -153 01310 -2 © 2004 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. COORDINATION 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, 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, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 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. 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. 34 -03 -153 © 2004 Bonestroo, Rosene, 01310 -3 PROJECT MANAGEMENT AND Anderlik & Associates, Inc. COORDINATION 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. Owner is very sensitive to the inconvenience each property owner will experience to construct this Project. The most frequent complaint received during this type of Project is the length of time for which streets, driveways, and boulevards are disturbed. Therefore, scheduling of the work, maintenance of local traffic, and timely repair of each driveway and yard are critical to the success of the Project. 1.07 SUBMITTALS A. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. B. Submit a detailed phasing plan for the order of construction, including the areas involved, and the estimated time frame each area will be affected. C. Submit a plan for the temporary water service to be used. The plan should include the type of system to be used, the order of the areas to be put on temporary service, and specific houses to be connected for each phase of construction. D. These submittals should be provided at the pre- construction meeting such that they can be discussed and approved by the City prior to any work being done. 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 34-03-153 01310 -4 © 2004 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. COORDINATION SECTION 01400 QUALITY REQUIREMENTS 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. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.) 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 Section 01310 — Project Management and Coordination. C. Manufacturer's certificates of quality control or performance. A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards, or more precise workmanship. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400 -1 QUALITY REQUIREMENTS 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Project Site, or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. A. After each inspection and test, submit 3 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. 1.07 LABORATORY RESPONSIBILITIES 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. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop work. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400 -2 QUALITY REQUIREMENTS 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. 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 -03 -153 © 2004 $onestroo, Rosene, Anderlik & Associates, Inc. 01400 -3 QUALITY REQUIREMENTS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1- GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (1NIlVIUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the work at the Project Site: 1. Multiple mobilizations will be required for the reclamation process. B. Establish Contractor offices, 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. 34 -03 -153 © 2004 Bonestroo, Rosene, TEMPORARY FACILITIES Ander(ik & Associates, Inc. 01500 -1 AND CONTROLS 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that may be within the construction limits, as directed by Engineer. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to the Owner. 3.03 TEMPORARY UTILITIES 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. C. Temporary Water Services: 1. Maintain temporary potable water service to the structures identified on the Drawings. 3.04 CONSTRUCTION FACILITIES 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. 34 -03 -153 O 2004 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -2 AND CONTROLS 3.05 TEMPORARY CONSTRUCTION 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 Project Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the Project Site. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion of the work. C. Flaggers are required to protect construction vehicles during unloading for 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 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 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. 34 -03 -153 © 2004 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -3 AND CONTROLS 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 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, natural causes, or when requested by Engineer. 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect work. 2. Damage to the Project 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 Project Site repairing. 3.08 MEASUREMENT AND PAYMENT 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 Bid Item. The amount of the Lump Sum Bid: 1 Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: First Partial Payment Percent of original contract amount earned — 25 Percent of original contract amount earned — 50 Percent of original contract amount earned — 100 Cumulative Percent of Mobilization Item Paid 50 70 90 100 34 -03 -153 © 2004 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -4 AND CONTROLS B. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. This will be considered payment in full for all work and costs if this Bid Item. The amount of the Lump Sum Bid: 1. Partial payment of the Lump Sum Bid Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original contract amount earned — 25 70 Percent of original contract amount earned — 50 90 Percent of original contract amount earned — 100 100 C. A Bid Item has been proved for Temporary Mailboxes. Measurement is Lump Sum. This will be considered payment in for all work and costs of this Bid Item. 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 -03 -153 © 2004 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -5 AND CONTROLS SECTION 01570 EROSION AND SEDIMENT CONTROL PART I - GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. B. Section 02920 — Lawns and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 1803 — Prosecution of Work. 2. 2573 — Temporary Erosion Control. 3. 3886 — Silt Fence. 4. 3891 — Inlet Protection. 5. Technical Memorandum No. 99 -23- ENV -03 and Attachment. 6. Technical Memorandum No. 99 -27- ENV -05. 7. Technical Memorandum No. 02 -11- ENV -01. 8. Technical Memorandum No. 02 -13- ENV -02. 9. Technical Memorandum No. 02 -14- ENV -02. 10. Technical Memorandum No. 01 -06- ENV -01. 11. Technical Memorandum No. 00- 10- ENV -04. 12. Technical Memorandum No. 00 -12- ENV -05. 13. Special Provisions S -25. 34 -03 -153 © 2004 Bonestroo, Roscoe, Anderlik & Associates, Inc. 01570 -1 EROSION AND SEDIMENT CONTROL 14. Special Provisions S -249. 15. Special Provisions S -250. 16. Special Provisions S -252.. 17. Special Provisions S -264. 1.04 SUBMITTALS A. Erosion Control Plans: 1. Completed application form for the MPCA's General Storm Water Permit for Construction Activity. B. Certification and Sampling: 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 PERMITS A. General: 1. This Project disturbs 1 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. 1.06 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 18035: 1. Submit for approval, the plan of operations for accomplishing temporary and permanent erosion control. 2. All temporary 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. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -2 EROSION AND SEDIMENT CONTROL 4. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor: a. When the Contractor fails to conduct the quality control program, doesn't conduct the inspection required in the NPDES Permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. b. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required work, or be subject to a $500 per calendar day deduction for noncompliance. B. Contractor is responsible for the establishment of permanent turf in accordance with Section 02920 — Lawns and Grasses to prevent excessive soil erosion. PART 2 - PRODUCTS 2.01 SILT FENCE A. 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 to 70 sieve. C. Width: 36 inches. d. Ultraviolet Resistance (ASTM D4355): 70 percent. e. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion, due to shipping and handling. 2. Posts: 2 inch x 2 inch wood. 2.02 BALE CHECKS A. Type 1 mulch conforming to MnDOT Spec. 3882.2. B. All bales shall be either bound with wire or tied with nylon string. C. Hardwood stakes shall be 1 -1/2 inch x 1 -1/2 inch x 36 inches. 34 -03 -153 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -3 EROSION AND SEDIMENT CONTROL 2.03 STORM DRAIN INLET PROTECTION A. Paved streets with concrete curb and gutter inlet protection: 1. Road Drain Curb and Gutter: Manufacturer: Wimco, LLC. 2. Silt Screen: Manufacturer: Alpine Stormwater Management. B. Non -paved surfaces without curb and gutter inlet protection: 1. Silt fence box. 2. Road Drain: Manufacturer: Wimco, LLC. 3. Erosion Control Shroud: Manufacturer: Royal Anchor Systems, Inc. 4. Silt Sack: Manufacturer: ACF Environmental. 5. Verti* Pro as Manufactured by Alpine Stormwater Management. C. Alternate Curb Inlet Protection Devices: 1. Eco Block. 2. Straw or Excelsior Wattle (8 inch minimum diameter). 3. Filter Compost Sock: Manufacturer: Filtrexx. 4. Rock Barrier: a. Clear Aggregate Only: 3/4 inch to 1 -1/2 inch. b. Wire mesh and filter fabric. 5. Woven Type Sandbag Barriers conform to MnDOT Spec. 3893. 2.04 WATER FOR DUST CONTROL A. Apply water as directed by field Engineer, to prevent dust and wind erosion. B. Confirm water source with Public Works contact Paul Coone. C. Do not use City hydrants without approval. 34 -03 -153 2004 Bonestroo, Rosene, Anderiik & Associates, Inc. 01570 -4 EROSION AND SEDIMENT CONTROL PART 3 - EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2573.3: 1. Minimize the amount of disturbed land that is susceptible to erosion. 2. Install the appropriate temporary erosion and sediment structural controls measures in accordance with approved sequence of construction. Clearing and grubbing operations shall be so scheduled and performed, so that grading operations and permanent erosion control features can follow immediately thereafter. 3. The surface area of erodible earth material exposed at 1 time by clearing and grubbing, by excavating, by fill, or by borrow shall not exceed 1/3 of the Project length without written approval of the Engineer. 4. Only disturb, clear, or grade areas necessary for construction. Delineate areas not to be disturbed: a. Exclude vehicles and construction equipment from these areas to preserve natural vegetation. 5. Maintain and preserve riparian and naturally vegetated buffer strips along water courses. 3.02 INSTALLATION A. Silt Fence: Conform to MnDOT Spec. 2573.3133: 1. Silt fences shall be installed in the locations shown on the Drawings, using the machine sliced installation method. 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: a. If necessary, splices will be made at an opposing fence post and according to the manufacturer's specifications. B. Storm Drain Inlet Protection: 1. Storm Drain Inlet Protection shall be installed at locations determined by the field engineer. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -5 EROSION AND SEDIMENT CONTROL 2. Storm Drain Inlet Protection shall protect against sediment entering the storm sewer system until the bituminous base is paved, and areas stabilized. 3. The Contractor is responsible for cleaning any sediment, which may have entered storm sewer pipes., ponds, and adjacent properties at their expense. 3.03 MAINTENANCE A. Control dust blowing and movement on Project Site and roads, as directed by Engineer, to prevent exposure of soil surfaces, to reduce on and off Project Site damage, to prevent health hazards and to improve traffic safety. B. Acceptance of Work: Conform to MnDOT Spec. 2573.3.C. 3.04 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Silt Fence. Measurement will be per lineal foot, along the base of the fence from outside to outside of the end posts for each section of fence. Payment will constitute compensation in full for all work and cost to furnish and install material in place, and to remove. B. A Bid Item has been provided for Storm Drain Inlet Protection. Measurement will be per each and shall include installing, cleaning, and any other maintenance of the device while in place. C. A Bid Item has been provided for Water for Dust Control. Measurement will be per 1,000 gallons (MG) applied to the street. Payment will constitute compensation in full for all work and cost to furnish and install the water. This Bid Item is intended to pay for water used for dust control only and only at those times that it is requested by either the Engineer or Owner. Water used for the construction of the streets or for turf establishment and maintenance will be considered incidental to the Project. 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 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -6 EROSION AND SEDIMENT CONTROL SECTION 01700 EXECUTION REQUIREMENTS 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 — General Requirements Sections: 1. Record Documents, Written Notification of Substantial Completion, Executed Certificate of Substantial Completion, Written Notification of Final Completion, Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 2. Final Application for Payment, including accompanying documentation IC -134 Form. 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. C. Inspect each product immediately prior to installation. Remove damaged products from Project Site. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700 -1 EXECUTION REQUIREMENTS 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 PROJECT 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 Project Site, Engineer will provide Written Notice of Contractor's defective work. Contractor will be given 12 hours from the Notice to clean Project Site. After the 12 hour period, Owner may correct the defective work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION 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. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 34 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700 -2 EXECUTION REQUIREMMENTS 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new work to existing conditions. B. Remove, or cut existing work only as necessary to join the new work to the existing construction, or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused, or exposed by work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged, or defaced beyond repair as a result of work by the Contractor, will be considered unsuitable for the use intended, and shall be removed and replaced by the Contractor. 3.06 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. A Bid Item has been provided for Motor Grader with Operator. Measurement will be by units of hours. B. A Bid Item has been provided for Street Sweeper with Operator. Measurement will be by the units of hours. C. 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 -03 -153 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700 -3 EXECUTION REQUIREMENTS Sieve Size (= [inch]) A or 4* B or 3* C or 2* 5* E (SMA) 25.0 [1 inch] 1001 See SMA Provisions 19.0 [3/4 inch] 100 85 -100 12.5 [1/2 inch] 100 85 -100 45 -90 9.5 [3/8 inch] 85 -100 35 -90 - 100 4.75 [ #4] 25 -90 20 -80 20 -75 65 -95 2.36 #8] 20 -70 15 -65 15 -60 45 -80 0.075 [ #200] 10 -7.0 2.0 -7.0 2.0 -70 2.0 -7.0 Overlay Specified PG Asphalt :Binder :Grade Virgin Asphalt Binder 'Grade lto be used with RAP < 20% RAP 0 > 20% RAP 64 -22 64 -22 64 -28 Other PG Grades No grade adjustment No grade adjustment New Construction t1) Specified PG Asphalt Binder Grade Virgin As halt Binder Grade to be used with RAP S 20% RAP 0 > 20% RAP 52 -34 52 -34 Not allowed *i 58 -28 58 -28 58 -28 58 -34 58 -34 Not allowed 64 -28 64 -28 1 64 -28 64 -34 64 -34 Not allowed Other PG Grades No> grade adjustment Not allowed Traffic Traffic Traffic Traffic SMA Aggregate Blend Property Level 2& LV Level 3 & MV Level 4 Level 5 T. Level 6 3-10 10 - 30 See SMA 20 year Design ESAL's <1 million 1 - 3 million .:.:.million ..million:: Provisions Coarse Aggregate Angularity (ASTM D5821) 30/_ 551- 85/80 95/90 (one face / two face), %- Wear 30/- 551- 60/- 80/75 (one face / two face), %- NonWear Fine Aggregate Angularity (FAA) (AASHTO T304, Method A) %- Wear 40 (2) 42 (1) 44 45 %o -Non -Wear 40 (2) 40 (1) ; 40 40 Flat and Elongated Particles, max % 10 10 10 b weitr t, (ASTM D 4791) (3:1 ratio) (3:1 ratio) (3:1 ratio) Clay Content' (AASHTO T 176) - - 45 45 - Total SpaIl in fraction retained on the 5.0 2.5 1.0 1.0 4.75mm ;[ #4] sieve Maximum Spall !Content in Total 5.0 5.0 1.0 1.0 Sample Maximum Percent Lumps in fraction 0.5 0.5 0.5 0.5 retained on the 4.75mm [ #4 ] sieve Class B Carbonate Restrictions Maximum% - 4.75mm [ - #4] Final Lift/All other Lifts' 100 /100 100 /100 80/80 50/80 - Maximum% +4.75mm [ + #4] Final Lift/All other Lifts 100/100 100/100 50 1100 0/100 - G ayr torn Max. allowable RAP percentage 30/40 30/30 30/30 30/30 Wear/ Non Wear Marshall Max. allowable RAP percentage 30/40 30/30 Wear!/ Non Wear ---- Gradation Traffic Level 2 Traffic Level 3 Traffic Level 4 Traffic Level 5 SMA T. Level 6 20 year Design ESAL's < I million I - 3 million 3 - 10 million 10-30 million See SMA Provisions Gyratory Mixture Requirements 39 13.5 Cor2* > 35 13.0 Gyrations for Ming 6 7 8 8 Gyrations for Nd,,in 40 60 90 100 Gyrations for N,,,,. 60 90 140 160 Air Voids, % Wear Air Voids, % Non-Wear & All Shoulder 4.0 3.0 4.0 3.0 4.0 3.0 4.0 3.0 • G. at N - Wear • G. at N - Non-Wear & All Shoulder - - 91.5 < 92.5 90.5 :5 91.5 < 90.0 91.0 • G at N Wear • G at N NonWear & All Shoulder :5 98.0 c 99.0 < 98.0 < 99.0 < 98.0 < 99.0 98.0 99.0 Tensile Strength Ratio (1) min% 75 75 80 (3) (3) 8 0 Fines/Effective As phalt 0.6-1.2 0.6-1.2 0.6-1.2 0.6-1.2 VFA, % -- Wear NonWear 65-78 70-83 65-78 70-83 65-76 70-82 65-76 70-82 Marshall Mixture Requirements LV MV Marshall Blows 50 50 - - Air Voids, % 3.0 3.5 Tensile Strength Ratio (1), min% 70 70 (4) Stability, minimum N [lb fl 5000 [1125] 6000 [1350] Fines/Effective Asphalt Wear Non-Wear 0.6-1.30 0.6-1.40 0.6-1.30 0.6-1.40 ---- Gradation Fine Mixture % Pass 2.36 mm. VA NI [#81 Minimum Coarse Mixture % Pass 2.36 mm [#8] VNIA Minimum Aor4* > 47 15.0** < 47 14.5* Bor3* > 39 14.0 39 13.5 Cor2* > 35 13.0 35 12.5 5* 15.0** See SMA Provisions Production Test Testing Rates Test Reference - Section Bulk Specific Gravity 1 test per 450 metric tons [500 tons] AASHTO T312,T166 Mn/DOT modified 2360AE2 Maximum Specific Gravity 1 test per 450 metric tons 500 tons AASHTO T209 Mn/DOT modified 2360AE3 Air Voids (calculated) 1 test per 450 metric tons [500 tons] AASHTO T269, T312 2360.4E4 Asphalt Content 1 test per 450 metric tons 500 tons Bit & Lab Manual 2360.4E1 VMA (Calculated) 1 test per 450 metric tons [500 tons] Al MS 2 & SP 2 2360AE5 Gradation 1 test per 900 metric tons 1000 tons AASHTO T11 T27, T30Mn/DOT modified 2360AE6 Coarse Aggregate Angularity 1 test per 900 metric tons [1000 tons] ASTMD5821 2360AE7 Fine Aggregate Angularity �)(i> 1 test per 900 metric tons [1000 tans] AASHTO T304, Method A 2360AE8 Production Test Sampling/Testing Rates Test Reference Section Bulk Specific Gravity Divide the planned production by 1000. Round the AASHTO T312, T245 T166 2360.4E2 number to the next higher whole number. MrVDOT mod Maximum Specific AASHTO T209 Mn/DOT 2360AE3 Gravity modified Air Voids (calculated) AASHTO T269, T312 2360AE4 Asphalt Content Bit & Lab Manual 2360.4E1 VMA (Calculated) AI MS 2 & SP 2 2360AE5 Gradation I gradation per 1,800 metric tons [2,000 tons], or AASHTO Tl 1, T27, 2360.4E6 portion thereof (minimum of one per day) T30Mn/DOT modified Coarse Aggregate 2 tests/day for la minimum of 2 days, then I per day if ASTM D5821 Angularity CAA is met. If CAA >8% of requirement, 1 sample/day 2360.4E7 but test 1/week. Fine Aggregate 2 tests/day for a minimum of 2 days, then I per day if AASHTO T304, Method A Angularity (FAA) FAA is met. If FAA >5% of requirement, I sample/day 2360AE8 but test I /week, TSR I' sample at 5,000 tons or by second day of production, ASTM D4867 Mn/DOT 2360.4E9 then sample at every 1.8,000 metric tons [20,000 tons l modified Aggregate Specific C, I per 9,000 metric tons [10, 000 tons] AASHTO T84 & T85, 2360AE10 Gravity Mn/DOT modified Mixture Moisture Daily unless exempted by Engineer Mn/DOT 5-693.950 2360AE1 I Content Asphalt Binder Sample I' load (each grade) then I per 1, 000,000 liter Mn/DOT 5-691920 2360.4E12 [250,000 gallon-sample size 1 quart.] I I Item Allowable Difference Mixture Bulk Specific Gravity (G m b) 0.030 Mixture Maximum Specific Gravity (G 0.019 UMA (Calculated) 12 Pine Aggregate Angularity, uncom acted voids (U) % 1 Coarse Aggregate Angularity, % fractured faces (%P) 15 Aggregate Individual Bulk Specific Gravity ( +4.75mm [+ #4]) 0.040 Aggregate Individual Bulk Specific Gravity (- 4.75mm [- #4]) 0.040 Aggregate combined blend Specific Gravity (G 0.020 Tensile Strength Ratio (TSR) % See! Table 2360.3 -B2b Asphalt Binder Content Meter Method, % 0.2 Spot Check Method, % 0.2 Chemical Extraction Methods, % 04 Incinerator Oven, % 03 Chemical vs. Meter, Spot Check, or Incinerator methods 0.4 Incinerator' Oven vs. Spot Check 0.4 Gradation Sieve % passing 25.0, 19.0, 12.5, 9.5 nun [I inch, 3/4 inch, 1/2 inch, 3/8 inch] 6 4.75 mm [ #4] 5 2.36 mm [ #S] 4 0.075 mm [ #200] 2.0 Daily SP Wear and All MV (1)(2) Sp Nonwear 1)(2 SP Shoulders (1)(2) 270* — 545 and LV Mixtures 1 546-910 Location from 2 911 -1,455 Designed at Designed at surface* < 100 mm [4 inch] ** > 100 mm [4 inch] ** 3% voids 4% voids % Gmm 92.0 910' 93.0 92.0 Daily Production Lots Metric (ton) [En (Ton)] 270* — 545 [300* — 600] 1 546-910 [601 - 1,000] 2 911 -1,455 [1,001 - 1,600] 3 1,456 — 3,275 [1,601— 3,600] 4 3,276 — 4,545 [3,601— 5,0001 5 4,546+ [5,001 +] 6 Percent of Max Specific Gravity SP Wear( :5100 mm [4 inches] from Surface) All MV & LV , SP Shld (4% Void) Percent of Max Specific Gravity (Z) !SP Non -Wear ( >100 mm [4 inches] from Surface) SP Shoulders (3% Void) percent Payment 93.6 and above 94.6 and above 104 (3 93.1-93.5 94.1-94.5 102 7 T - 92.0- 93.0 93.0-94.0 100 91.0-91.9 92.0-92.9 98 90.5 -90.9 91.5 -91.91 95 90.0 -90.4 91.0 -91.4 91 89.5-89.9 90.5-90.9 85 89.0-89.4 90.0-90.4 70 Less than 89.0 Less than 90.0 Percent of Max Specific Gravity ' SP Wear „(_ :100 mm [4 inches] from Surface) All MV & LV , SP Shld (4 % Void) Percent of Max Specific Gravity (2) SP Non' -Wear ( >100 mm [4 inches] from Surface) SP Shoulders (3% Void) percent Payment 91.0 and above 92.0 and above 100 90.0 -90.9 91.0 -91.9' 98 89.7-89.9 90.5-90.9 95 89.4 -89.6 90.0 -90.4 91 89.2-89.3 89.5 —89.9 85 89.0-89.1 89.0-89.4 70 Less than 89.0 141 Less than 89.0 Air Temperature Compacted Mat Thickness, mm (A) 0 C [ °F] 25 'mm [I inch] 40 mm [1 -112 inch] 50 mm [2 inch] >75 mm [3 inch]; +0 -5 [32 -40] - 129 [265] 124 [255] 121 [250] + 6 -10 [41 -50] 130 [270] 127 [260] 121 [250] 118 [245] + 11 -15 [51 -60] 127 260] 124 [255] 118 [245] 115 [240] + 16 -21 [61 -70] 121 [250] 118 [245] 115 [240] 113 [235] + 22 -27 [71 -80] 118 [245] 115 [240] 113 [235] 113 [235] + 28 -32 [81 -90 ] 113 [235] 110 [230] 110 [230] 110 [230] + 33 [gl +] 110 [230] 110 [2301 110 [230] 107 [225] Pavement Surfaces Excluded From Profilograph Testing - Ramps , Loops, Climbing Lanes Side Streets, Side Connections Turn Lanes, Storage Lanes, Crossovers, Byp ass Lanes Shoulders ;Acceleration, Deceleration Lanes Intersections constructed under traffic'- Begin and end the exclusion 30.5 m[100 feet] from the intersection radius Sections less than 15.24 m [50 feet] in length - Projects less than 300 m [1000 feet] in length' Mainline paving where the normally posted regulatory speed is less than or equal to '70 km /hr [45 miles per hour] -- Begin the exclusion at the si Single lift overlays over bituminous with a PSR < 2.8' Single lift overlays over concrete. Horizontal Curves with a radius less than 289.6 m [950 feet]. Horizontal Curves with a degree of curvature greater than or equal to 6 °. Vertical Curves — Absolute value of grade change is 2' % or more and curve length is 91.4 m [300 feet] or Iess. Vertical Curves`— Absolute value of grade change is 3+ % or more and curve length is 121.9 m [400 feet] or less. Vertical Curves'— Absolute value of grade change is 4' % or more and curve length is 182.8 m [600 feet] or less. Vertical Curves — Absolute value of grade change is 8 % or more and curve length is 213.4 m [700 feet] or less. Note: Begin and end the exclusion at the PC (PVC) and PT (PVT), respectively mm per km [Inches per mile] - p er 0.1 km segment [per 0.1 mile segment Dollars i per Segment `, (Metric) Dollars per Segment English 0-13.4 [0.0 -0.8] 210 [335] 13,5-25.3 [0.9 - 1.61 145 [225] 25.4-38.7 [1.7 - 2.4] 80 115 38.8-78.9 [2.5 - 5.01 0 [0] 79,0-92.3 [5.1 - 5.8] (80) [(115)] 92.4- 105.7 [5.9 -b.7] (145) [(225)] 105.8 - 118.3 [6.8 - 7.5 (210) [(335)] Over 118.3 [Over 7.5] Corrective Action Corrective Action mm per km p er 0.1 km segment [Inches per mile] [per 0.1 mile segment] Dollars per Segment (Metric) Dollars per Segment [English 0- 15.8 0.0 - 1.0] 145 [225] 15.9-31.6 1.1 - 2.0] 100 [150] 31.7- 47.3 [21 - 3.0] 55 [75] 47.4-110.5 [3.1 - 7.0] 0 [0] 110:6 - 126.3 [7.1- 8.0] (55) [(75)y] 126:4 - 142.0 [8.1 - 9.0] (100) [(150) ] 142.1 - 157,8 [9.1 -10.0] (145) [(225) ] Over 157.8 [Over 10.0] Corrective Action Corrective Action mm per krn [Inches" per mile] , p er 0.1 km segment [per 0.1 mile segment] Dollars per Segment (Metric) Dollars per Segment [English] 0-31.6 [0.0 - 2.0] 95 150] 31.7-47.4 [2.1 - 3.0] 65 [100] 47.5-79.0 [3.1 - 5.0] 35 [50]' 79.1-158.0 [5.1 - 10.0] ; 0 [0] 158.1 - 189.6 [10.1 -12.0] (35) [ (50) ] 189.7 - 221.2 12.1`- 14.0] (65) [ (100) ] 221.3 - 252.8 14.1- 16.0] (95) [ (150)] Over (252.8) [Over 16.0] Corrective Action I Corrective Action Percent of Max Specific Gravity (2) SP Wear (5100 mm [4 inches] from Surface) All MV & LV, SP Shld (4% Void) Percent of Max Specific Gravity (2) SP Non-Wear (>100 mm, [4 inches] from Surface) SP Shoulders (3% Void) Percent Payment 93.6 and above 94.6 and above 100 93.1 to 93.5 94.1 to 94.5 100(31 92.0 to 93.0 93.0 to 94.0 too 91.0 to 91.9 92.0 to 92.9 98 90.5 to 90.9 91.5 to 91.9 95 90.0 to 90.4 91.0 to 91.4 91 89.5 to 89.9 90.5 to 90.9 85 89.0 to 89.4 90.0 to 90.4 70 Less than 89.0 4, Less than 90.0 (4) This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By A CEC f National Society of Professional Engineers- A,L.ICAN [3o1;NCIIur C.- IIII[s -'..:- P!'DMSS16=1E0#100tsin Mole hadice 4 g`kfi CnO+rtrrmc,. PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by s Mir s` R rf rYF1��'• fKl * �; IM}LOe1tT Jr 'GNII The Associated General Contractors of America Knowledge for Creating and Sustaining the Built Environment Construction Specifications Institute I EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright OO 2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Paae ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ................................................................................ ..............................6 1.01 Defined Terms ............................................................................................................................ ..............................6 1.02 Terminology ............................................................................................................................... ..............................8 ARTICLE 2 - PRELIMINARY MATTERS .................................................................................................. ..............................9 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................... ..............................9 2.02 Copies of Documents ................................................................................................................. ..............................9 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. ..............................9 2.04 Starting the Work ....................................................................................................................... ..............................9 2.05 Before Starting Construction ..................................................................................................... ..............................9 2.06 Preconstruction Conference .....:................................................................................................. ..............................9 2.07 Initial Acceptance of Schedules ................................................................................................. ..............................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................... .............................10 3.01 Intent .................................................................................. ............................... .................... ............................... ..10 . 3.02 Reference Standards ................................................................................................................. .............................10 3.03 Reporting and Resolving Discrepancies ................................................................................... .............................10 3.04 Amending and Supplementing Contract Documents ................................................................. .............................11 3.05 Reuse of Documents .................................................................................................................. .............................11 3.06 Electronic Data ......................................................................................................................... .............................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS... . ....... --, ............... - ................ ..................................... 4.01 Availability of Lands ................................................................................................................. ...........................:.11 4.02 Subsurface and Physical Conditions ........................................................................................ .............................12 4.03 Differing Subsurface or Physical Conditions ............................................................................ .............................12 4.04 Underground Facilities ............................................................................................................. .............................13 4.05 Reference Points ....................................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site ............................................................................ .............................13 ARTICLE5 - BONDS AND INSURANCE ................................................................................................ .............................14 5.01 Performance, Payment, and Other Bonds ................................................................................. .............................14 5.02 Licensed Sureties and Insurers ................................................................................................. .............................15 5.03 Certificates of Insurance ........................................................................................................... .............................15 5.04 Contractor's Liability Insurance ............................................................................................... .............................15 5.05 Owner's Liability Insurance ..................................................................................................... .............................16 5.06 Property Insurance ................................................................................................................... .............................16 5.07 Waiver of Rights ........................................................................................................................ .............................17 5.08 Receipt and Application of Insurance Proceeds... ........................................................................... ............... 17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................... .............................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................ .............................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............................................................................. .............................18 6.01 Supervision and Superintendence ............................................................................................. ..................:..........18 6.02 Labor; Working Hours .............................................................................................................. .............................18 6.03 Services, Materials, and Equipment. ........... ...................... ...................................................... - ........ - .... .......... 18 6.04 Progress Schedule ..................................................................................................................... .............................18 6.05 Substitutes and "Or- Equals .................................................................................................... .............................19 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. .............................20 6.07 Patent Fees and Royalties ...........:............................................................................................. .............................21 6.08 Permits ...................................................................................................................................... .............................21 6.09 Laws and Regulations ............................................................................................................... .............................21 6.10 Taxes ......................................................................................................................................... .............................22 6.11 Use of Site and Other Areas ...................................................................................................... .............................22 6.12 Record Documents .................................................................................................................... .............................22 6.13 Safety and Protection ................................................................................................................ .............................22 6.14 Safety Representative ................................................................................................................ .............................23 6.15 Hazard Communication Programs ........................................................................................... .............................23 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies .................................................. ............................... 6.17 Shop Drawings and Samples ......................... ............................... 6.18 Continuing the Work... ................. .................. ............................ 6.19 Contractor's General Warranty and Guarantee .......................... 6.20 Indemnification ............................................. ............................... 621 Delegation of Professional Design Services . ............................... ARTICLE 7 - OTHER WORK AT THE SITE ................ ............................... 7.01 Related Work at Site ...................................... ............................... 7.02 Coordination .................................................. ............................... 7.03 Legal Relationships ........ ...................................... :....................... ARTICLE 8 - OWNER'S RESPONSIBILITIES ............. ............................... 8.01 Communications to Contractor ...................... ............................... 8.02 Replacement of Engineer ............................... ............................... 8.03 Furnish Data .................................................. ............................... 8.04 Pay When Due ................................................ ............................... 8.05 Lands and Easements; Reports and Tests ...... ............................... 8.06 Insurance.. .................................................................................... 8.07 Change Orders ............................................... ............................... 8.08 Inspections, Tests, and Approvals .................. ............................... 8.09 Limitations on Owner's Responsibilities ........ ............................... 8.10 Undisclosed Hazardous Environmental Condition ....................... 8.11 Evidence of Financial Arrangements ............. ............................... ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION............ 9.01 Owner's Representative ................................. ............................... 9.02 Visits to Site..... ........................................... -- ............................... 9 0'; Pmiect Renresentative ................................... ............................... ........................................... .............................23 ........................................... .............................23 ........................................... .............................24 ........................................... .............................24 ........................................... .............................24 ........................................... .............................25 ........................................... .............................25 ........................................... .............................25 ........................................... .............................26 ........................................... .............................26 ........................................... .............................26 ........................................... .............................26 ........................................... .............................26 ........................................... .............................26 ........................................... .............................26 ......................................... ............................... 26 ......................................... ............................... 26 .......................................... .............................26 ........................................... .............................26 ........................................... .............................27 ........................................... .............................27 ........................................... .............................27 ......................................... ............................... 27 ........................................... .............................27 ..................................... .............................27 ........................................... .............................27 9.04 Authorized Variations in Work .................................................................................................. .............................27 9.05 Rejecting Defective Work .......................................................................................................... .............................27 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... .............................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... .............................28 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ .............................28 ARTICLE10 - CHANGES IN THE WORK; CLAIMS .............................................................................. .............................28 10.01 Authorized Changes in the Work ............................................................................................... .............................28 10.02 Unauthorized Changes in the Work .......................................................................................... .............................29 10.03 Execution of Change Orders .....................................................;............................................... .............................29 10.04 Notification to Surety ................................................................................................................ .............................29 10.05 Claims ....................................................................................................................................... .............................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ........................................................................................................................ .............................30 11.02 Allowances ................................................................................................................................ .............................31 11.03 Unit Price Work ........................................................................................................................ .............................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ......................................................................................................... .............................32 12.02 Change of Contract Times ........................................................................................................ .............................33 12.03 Delays ....................................................................................................................................... .............................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ............ ....................................................................................................._...... .............................33 13.02 Access to Work .......................................................................................................................... .............................33 13.03 Tests and Inspections ................................................................................................................ .............................33 13.04 Uncovering Work ...................................................................................................................... .............................34 13.05 Owner May Stop the Work- ....... ................... ....................... ...................................... ................................... 34 13.06 Correction or Removal of Defective Work ................................................................................ .............................34 13.07 Correction Period ..................................................................................................................... .............................34 13.08 Acceptance of Defective Work .................................................................................................. .............................35 13.09 Owner May Correct Defective Work ......................................................................................... .............................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .................................................. .............................36 14.01 Schedule of Values .................................................................................................................... .............................36 14.02 Progress Payments .................................................................................................................... .............................36 14.03 Contractor's Warranty of Title ................................................................................................. .............................37 14.04 Substantial Completion ............................................................................................................ .............................37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 Partial Utilization ..................................................................... ..........................:.... 14.06 Final Inspection ........................................................................ ............................... 14.07 Final Payment ........................................................................... ............................... 14.08 Final Completion Delayed ........................................................ ............................... 14.09 Waiver of Claims ....................................................................... ............................... ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............ ............................... 15.01 Owner May Suspend Work ........................................................ ............................... 15.02 Owner May Terminate for Cause ...... .............................. ... ...................................... 15.03 Owner May Terminate For Convenience ................................... ............................... 15.04 Contractor May Stop Work or Terminate ... ........... ........... ..................................... .... ARTICLE 16 - DISPUTE RESOLUTION .................................................... ............................... 16.01 Methods and Procedures ........................................................... ............................... ARTICLE 17 - MISCELLANEOUS ............................................................. ............................... 17.01 Giving Notice ............................................................................. ............................... 17.02 Computation of Times ................................................................ ............................... 17.03 Cumulative Remedies ................................................................. ............................... 17.04 Survival of Obligations .............................................................. ............................... 17.05 Controlling Law ......................................................................... ...............:............... 17.06 Headings .................................................................................... ............................... ............. .............................-38 .............. ..............................3 8 ............. ............................... 38 ............. ............................... 39 ............. ............................... 39 ............. ............................... 39 ............... .............................39 ............. ............................... 39 ............... .............................40 ............... :............................40 ............... .............................41 ............... .............................41 .............. .............................41 ............ ............................... 41 .......... ............................... 41 ............ ............................... 41 .............. .............................41 .............. .............................41 .............. .............................41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda -- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement- -The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment- -The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos - -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid- -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder- -The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents - -The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements- -The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order - -A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim - -A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract - -The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents -- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price - -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times - -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor- -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work- -See Paragraph I LOLA for definition. 17. Drawings- -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement- -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer- -The individual or entity named as such in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 20. Field Order - -A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements -- Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition - -The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste - -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations - -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - -A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award - -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed - -A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner- -The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs -- Polychlorinated biphenyls. 31. Petroleum -- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule - -A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project - -The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual- -The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material -- Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative- -The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals - -A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values - -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings - -All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site - - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications- -That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion - -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the .Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder- -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions- -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - -A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities - -All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work - -Work to be paid for on the basis of unit prices. 51. Work - -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work. Change Directive - -A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize 'an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 1 The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring_ an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 107 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: 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 Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. . B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the 'Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs; losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple - mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright p 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors; or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization - pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A.. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start -up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal' item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume' all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site, and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- ....._......_..... . EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC.. All rights reserved. 00700-23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and,- in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review ,and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and. Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.OLA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action'or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform . the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 007 00-28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0l.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.0I.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general' managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I LOLA and 11.01.13. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison. of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0 LA. I and 11.O1.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.O1.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0LAA, 11.O1.A.5, and 11.0 I.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.O1.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 1107 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If .payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5..a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.0.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Finallnspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance I. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other oblig EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from ,unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 expedient. complete the Work as Owner may deem C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or. Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C -700 Standard General Conditions of the Construction Contract. , Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such. day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 G1.91_( . u-C_-1 P_11�1 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works June 28, 2004 Consent Item No. By: G uy Johnson By:; 6.12 RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR THE 2004 STREET INFRASTRUCTURE PLAN, IMPROVEMENT PROJECT NO. 759 REQUESTED ACTION Staff is recommending that the Council approve Change Order No. 1 to the contract with Doboszenski & Sons Inc., for the 2004 Street Infrastructure improvement project in the amount of $7,108.29. BACKGROUND The original amount of the contract with Doboszenski & Sons Inc., for the 2004 Street Infrastructure project, was $2,224,213.59. During the project it has been necessary to adjust some of the work and correct some issues. The contractor has requested a change order to address these items. With the exception of the last item on the list below, staff is recommending full payment for these items. The contract requires a reasonable effort be made to maintain access in the construction area during the project. For this reason, staff is recommending the cost be divided and only pay one half of the contractor's request. The items are: - Extra wyes and caps for the resident's to connect their sump pumps to the new storm water pipe. (Backyard storm water pipe at 50th and Yukon) $296.19 - Special temporary water arrangements for 8 -plex apartment building. (City as -built maps did not show the correct water service location) $264.00 - Repair of temporary water service cut by resident's mower. $425.00 - Installation of a new storm water structure. (Existing structure had to be removed because of conflict with a new fire hydrant install) $1,994.00 Sub Total $2,979.19 - Extra material and work in an attempt to keep the roads open for residents. (On Thursday & Friday, June 10 & 11, 2004, during a severe storm) Contractor requesting $8,258.20; Staff recommending one -half $4,129.10 Total $7,108.29 MOTION BY > SECOND BY TO:"7° i:KravruDworKS\;eUU4vb9 mange Uroer No. 1 759 Change Order No. 1 June 28, 2004 Page 2 FUNDING The total price of this change order is $7,108.29. Funding is available in the Street Infrastructure Fund, the Utility Fund, and the Storm Fund. ATTACHMENTS The engineer's recommendation, the change order, and the resolution are attached. RESOLUTION NO. 04 - 122 RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR THE CONSTRUCTION OF THE 2004 STREET INFRASTRUCTURE IMPROVEMENT PROJECT NO. 759 BE IT RESOLVED by the City Council of the City of New Hope that Change Order No. 1 in the amount of Seven Thousand One Hundred and Eight and 29/100 Dollars ($7,108.29) to the contract with Doboszenski & Sons, Inc. for the City's 2004 Street Infrastructure Improvement Project identified as Improvement No. 759 is hereby approved. Change Order No. 1 is necessary to address additional work as described in the Public Works Director's June 22, 2004 Memorandum attached hereto as Exhibit A. The Mayor and City Manager are hereby authorized and directed to sign Change Order No. 1 permitting this work to occur. Dated the 28 day of June, 2004. , Mayor Attest: ' Valerie Leone, City Clerk PMTTORNEY\CNH RESOLD TnONS\CMi99.67590RESOLUnON APPR CHANGE ORDER LDOC 1 Engineers & Architects June 22, 2004 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 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, P.E. Robert G. Schunicht, P.E. Jerry A. Bourdon, P.E. Mark A. Hanson, P.E. Senior Consultants: Robert W. Rosene, P.E. Joseph C. Anderlik, P.E. Richard E. Turner, P.E. 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, P.E. Michael T. Rautmann, P.E. Ted K. Field, P.E. Kenneth P. Anderson, P.E. Mark R. Rolls, P.E. 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, P.E. L. Phillip Gravel III, 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 Re: 2004 Infrastructure Project, City Project No. 759 Change Order #1 BRAA # 34 -03 -153 Dear Guy: Additional work has been required for the successful completion of the 2004 Infrastructure Improvements project. Below is a listing of the required additional work to date. I . As part of Alternate #2, wyes were installed to allow residents to connect their sump pumps to the storm sewer. 2. An additional residence (an 8 -plex on Medicine lake Road) was required to be connected to the temporary water service. 3. Repair to a temporary water service connection was required due to the resident's negligence in damaging the pipe with a lawn mower. 4. A catch basin and pipe that was required to be removed and replaced for the installation of a new hydrant was found to be poor condition and unable to be reinstalled. These items were replaced with new in order to maintain the integrity of the storm sewer. 5. Excessive rain on June 11 and 12 required additional material to be hauled on -site in order to keep the streets in an acceptable condition for residents to access their homes. It is recommended that %2 of the contractor request for compensation ($8,258.20) be paid in effort for the maintenance. It is recommended that the City Council approve the enclosed Change Order #1 in the amount of $7,108.29 for the work completed. This will increase the amount of the contract for the project from $2,224,213.59 to $2,231,321.88. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Vince Vander Top Enclosure 2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax; 659- 636 -9311 t • To: Dan Donahue, City Manager From: Guy Johnson, Director of Public Works Date: June 22, 2004 Subject: 2004 Infrastructure Project (# 759) The contractor has requested a change order to address additional work. Staff would like to bring this change order to the June 28 Council meeting. Items are: Extra wyes and caps for the resident's to connect their sump pumps to the new storm water pipe. (Backyard storm water pipe at 50th and Yukon) $296.19 Special temporary water arrangements for 8 -plex apartment building. $264.00 Repair of temporary water service cut by resident's mower. $425.00 Installation of a new storm water structure. (Existing structure had to be removed because of conflict with new fire hydrant install) $1,994.00 Sub Total $2,979.19 Extra material and work in an attempt to keep the roads open for residents. (During a severe storm Thursday & Friday, June 10 & 11, 2004) Contractor requesting $8,258.20; Staff recommending 1/2 $4,129.10 Total $7,108.29 Leone Valerie From: Johnson Guy Sent: Monday, June 28, 2004 3 :53 PM To: Leone Valerie Subject: RE: change orders We do not have the pink copies yet or for that matter, signed change orders. For Veit (728 - Navarre) there is no problems with the change order. They want to do the additional work and submitted the quote. They are not submitting a pay request so there is no timeline issues. It is a different story for Doboszenski (759 - 2004 Infrastructure). They were not happy with splitting the cost with us for one of their extras they are requesting on the change order. Just received a call from Vince, and Jason is suppose to get a signature yet today. I had told Vince and Jason last week to let Doboszenski know that we needed a letter of approval or a signed change order before tonight's meeting, or we would pull it off the agenda. Also reminded them that the next Council meeting was July 26. - - - -- Original Message---- - From: Leone Valerie Sent: Monday, June 28, 2004 2:29 PM To: Johnson Guy Subject: change orders regarding c/o 3 - #728 and c/o 1 - #759. Do you have pink copies that need signatures? On tonight's agenda.... just let me know. Valerie Leone, New Hope City Clerk 763- 531 -5117 phone 763- 531 -5136 fax August 3, 2004 Doboszenski & Sons, Inc. 6450 Pioneer Trail Loretto, MN 55357 Subject: Change Order No. 1 — Project No. 759 (2004 Infrastructure Project) 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 $7,108.29. This change order was approved by the New Hope City Council at its meeting of June 28, 2004. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works Vince Vander Top, BRAA CITY OF NEW HOPE 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 0 October 11, 2004 Public Hearin ' V Item No. B Guy Johnson B : , 7.2 RESOLUTION ADOPTING A SSMENTS FOR IMPROVEMENT PROJECT NO. 759 (2004 STREET INFRASTRUCTUR IMPROVEMEN REQUESTED ACTION Staff is recommending that the Council approve a resolution to adopt the proposed assessments for the 2004 Infrastructure Improvement Project No. 759, POLICY /PAST PRACTICE Assessments are proposed to be levied against benefited, tax - exempt properties, in accordance with New Hope's Assessment Policy. BACKGROUND The 2004 Infrastructure Project includes reconstruction of selected streets, and improvements to sanitary and storm sewer systems and water mains in the area between Trunk Highway 169 and Boone Avenue North, south of 36th Avenue North. On January 12, 2004, the City Council approved a resolution declaring estimated costs and established a public hearing for February 9, 2004, to review the proposed 2004 Infrastructure Improvement Project No. 759. At the February 9, 2004, Council meeting, the Council ordered the construction of the project after closing the public hearing. Using the New Hope Assessment Policy, the city engineer has determined that the total cost for the street portion of the 2004 Street Infrastructure Project is $1,806,525, and that the assessment rate per foot is $101.77 for residential and $152.66 for commercial /industrial properties. The 2004 Infrastructure Improvement Project includes two properties for assessment: the city of New Hope, and Hope Alliance Chapel of the Christian /Missionary Alliance. New Hope's assessable footage is 98 feet, for a proposed total assessment amount of $10,017.22. The Hope Alliance Chapel of the Christian /Missionary Alliance assessable footage is 150 feet, for a proposed total assessment amount of $22,899. The proposed total assessment amount for the project is $32,916.22. The city clerk has notified the property owners in the project area of the public hearing and the proposed assessment. FUNDING The remainder of the project cost is being funded by the Utility Fund, Storm Water Fund, and Street Infrastructure Fund. ATTACHMENTS Attached are the resolution and the engineer's memorandum. ' MOTION BY BY SECOND n TO: lizie I:RFA \Pubworks\2004 \759 Assessment Public Hearing To: Guy Johnson Copy: Daniel Donahue, Daryl Sulander, Valerie Leone, Steve Sondrall From: Vince Vander Top Subject: 2004 Infrastructure Improvements Assessments City Project No. 759 Our File No. 34 -03 -153 Date: October 6, 2004 2004 INFRASTRUCTURE IMPROVEMENTS ASSESSMENT The preliminary assessment roll in the Feasibility Report identifies all commercial and tax - exempt properties. Subsequent actions of the Council have limited assessments to benefiting tax - exempt properties. Only street reconstruction costs were used in determining the assessment rate. Storm sewer, water main, and mill and overlay reconstruction were funded with specific enterprise funds. Actual construction costs appear to be consistent with the original feasibility report estimate. Therefore, the corresponding front footage assessment rates are shown below. Assessment Rate Determination PROPERTY TYPE # OF LOTS TOTAL UNITS ASSESSABLE UNITS ASSESSABLE FRONT FOOTAGE Single Family 191 191 191 15,883.69 Jaycee Park 98.43 Hope Alliance Chapel of the Christian/Missionary Alliance 150.00 2801 Flag Ave N (Presidential Estates) 72 72 756* 2901 Hillsboro Ave N 12 4 ** 42* 2701 Flag Ave N (Burgundy Apartments) 142 71 ** 745.5* TOTAL RESIDENTIAL = 17,525.62 COMMERCIAL = 150.00 * Assessable FF for multi -unit housing is 10.5' /Assessable Unit ** Number of unit with access to reconstruct street NOTE: Commercial Rate = X Residential Rate = 2/3 *Commercial Rate = 2/3 *X Street Cost = (Residential FF) *2/3 *X + (Commercial FF) *X where X = Commercial Assessment Rate X = Street Cost / [(Residential FF) *2/3 + (Commercial FF)] X = $1,806,525 / [(17,525.62 FF) *2/3 + (150.00 FF)] X = $152.66/FF COMMERCIAL ASSESSMENT RATE _ $152.66/FF RESIDENTIAL ASSESSMENT RATE _ $101.77/FF Final Assessments The final costs and assessment rate produces the following assessments: Hope Alliance Chapel of the Christian/Missionary Alliance Jaycee Park Total Assessments Assessable Footage Assessment Rate Assessment 150 F.F. $152.66/F.F. $22,899.00 98.43 F.F. $101.77/F.F. $10,017.22 $32,916.22 End of memo AV Of' The Christian & .Missionary Alliance 3351 Independence Av, N, New Hope, MN 55427 Voice (763) 546 -4352 Fax (763) 546 -0256 Info @hopechapelcma,com REV. BRIAN J. SINCLAIR SENIOR PASTOR MR. DWIGHT GORDER YOUTH PASTOR MRS. MELANIE SINCLAIR WORSHIP DIRECTOR MRS. VICKY MEHRWERTH SECRETARY www.hopechapelema.com Christ our Savior, Sanctifier, Healer,& Coming Xing. October 11, 2004 Mayor and City Council of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Item 7.2 10/11/04 Council Mtg. RE: Written Appeal of Assessment 759 Property Address 3351 Independence Avenue North PID 19- 118 -21 -23 -0001 Dear Mayor and City Council: This letter is to serve as a written appeal by the members of Hope Alliance Chapel, owners of real property located at 3351 Independence Avenue North, with regard to the proposed assessment 759 for recent roadway improvements performed by the City of New Hope. The members of Hope Alliance Chapel understand and appreciate the need for such roadway improvements. Similarly, the members of Hope Alliance Chapel are willing to bear a reasonable assessment for such improvements, as we realize that there is a benefit for upgrades to the infrastructure adjacent our property. However, we believe that the proposed assessment amount of $22,899 results in a charge that well exceeds the increase in market value to the subject property. We have also sought to be of help to our neighboring community by providing ample parking during this construction process, at no cost to the community or to the City of New Hope. However, due to the obstructed area streets during the construction process, construction and neighborhood vehicle traffic utilized the main parking area as an unauthorized detour route, as the main parking area has access on both the north and south sides of the parcel. What is also alarming to note is the speed at which vehicles traversed our property during construction, endangering attendees and their families. Therefore, We respectfully appeal the assessment amount of $22,899 and request that the charges to be levied against the subject property be adjusted to an equitable amount that is in line with the benefit realized by the property. On behalf of the Governing Board and members of Hope Alliance Chapel, Respectfully. Rev. Brian J. Sinc it Senior Pastor COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works October 25, 2004 Public Hearing Item No. By: Guy Johnson By: 7.1 RESOLUTION ADOPTING A SSMENTS FOR IMPROVEMENT PROJECT NO. 759 (2004 STREET INFRASTRUCTURE IMPROVEMENTS) REQUESTED ACTION Staff is recommending that the Council approve a resolution to adopt the proposed assessments for the 2004 Infrastructure improvement Project No. 759. POLICY/PAST PRACTICE Assessments are proposed to be levied against benefited, tax-exempt properties, in accordance with New Hope's Assessment Policy. BACKGROUND The 2004 Infrastructure Project includes reconstruction of selected streets, and improvements to sanitary and storm sewer systems and water mains in the area between Trunk Highway 169 and Boone Avenue North, south of 36th Avenue North. On January 12, 2004, the City Council approved a resolution declaring estimated costs and established a public hearing for February 9, 2004, to review the proposed 2004 Infrastructure Improvement Project No. 759. At the February 9, 2004, Council meeting, the Council ordered the construction of the project after closing the public hearing. Using the New Hope Assessment Policy, the city engineer has determined that the total cost for the street portion of the 2004 Street Infrastructure Project is $1,806,525, and that the assessment rate per foot is $101.77 for residential and $152.66 for commercial/industrial properties. The 2004 Infrastructure Improvement Project includes two properties for assessment: the city of New Hope, and Hope Alliance Chapel of the Christian/Missionary Alliance. New Hope's assessable footage is 98 feet, for a proposed total assessment amount of $10,017.22. The Hope Alliance Chapel of the Christian/Missionary Alliance assessable footage is 150 feet, for a proposed total assessment amount of $22,899. The proposed total assessment amount for the project is $32,916.22. The city clerk has notified the property owners in the project area of the public hearing and the proposed assessment. The public hearing was held on October 11 and continued until October 25 to allow Hope Alliance Chapel the opportunity to evaluate the assessment and their options. At the October 11 meeting, the city accepted into the record the notice of appeal of the assessment submitted by Hope Alliance Chapel. FUNDING The remainder of the project cost is being funded by the Utility Fund, Storm Water Fund, and Street Infrastructure Fund. ATTACHMENTS Attached are the resolution and the engineer's memorandum. MOTION BY Yi J 2. IL Jael SECOND BY —yz TO: 1:K1 - A\Hu1)worKS\2UU4\159 Assessment HUNC Hearing RESOLUTION NO. 04 - RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 759 (2004 Infrastructure Improvements) WHEREAS, pursuant to notice duly given as required by law, the City Council met on October 11 and October 25, 2004, heard and passed upon all objections to the proposed assessment for the 2004 Infrastructure Improvement Project No. 759, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made apart hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of said installments to be payable with general taxes for the year 2005, collectible with such taxes during the year 2005. b. To the first installment shall be added interest at the rate of seven percent (7 %) per annum on the entire principal amount of the assessment from the date of this Resolution until December 31St of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date hereof; and such property owner may at any time prior to November 15 of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31St of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. 1 Adopted by the City Council this 25th d, Attest: Zzl_-t-i Valerie Leone, City Clerk P:, RESOLUTIONS'. CNH99.67590-007-RESO kDOPTINGASSESSMENT.DOC Proposed Assessment Roll Hope Alliance Chapel of the Christian/Missionary Alliance $22,899.00 Jaycee Park (City of New Hope) $10,017.22 MEMORANDUM To: Guy Johnson Copy: Daniel Donahue, Daryl Sulander, Valerie Leone, Steve Sondrall From: Vince Vander Top Subject: 2004 Infrastructure Improvements Assessments City Project No. 759 Our File No. 34 -03 -153 Date: October 6, 2004 2004 INFRASTRUCTURE IMPROVEMENTS ASSESSMENT The preliminary assessment roll in the Feasibility Report identifies all commercial and tax - exempt properties. Subsequent actions of the Council have limited assessments to benefiting tax - exempt properties. Only street reconstruction costs were used in determining the assessment rate. Storm sewer, water main, and mill and overlay reconstruction were funded with specific enterprise funds. Actual construction costs appear to be consistent with the original feasibility report estimate. Therefore, the corresponding front footage assessment rates are shown below. Assessment Rate Determination i uualllb' 1J lv.j /ttssessaote Unit ** Number of unit with access to reconstruct street NOTE: Commercial Rate = X Residential Rate = 2/3 *Commercial Rate = 2/3 *X Street Cost = (Residential FF)*2/3*X + (Commercial FF)*X where X = Commercial Assessment Rate X = Street Cost / [(Residential FF)*2/3 + (Commercial FF)j X = $1,806,525 / [(17,525.62 FF)*2/3 + (150.00 FF)] X = $I 52.66/FF COMMERCIAL ASSESSMENT RATE = $152.66/FF RESIDENTIAL ASSESSMENT RATE = $101.77/FF I Final Assessments The final costs and assessment rate produces the following assessments: Hope Alliance Chapel of the Christian/Missionary Alliance Jaycee Park Total Assessments Assessable Footage Assessment Rate Assessment 150 F.F. $152.66/F.F. $22,899.00 98.43 F.F. $101.77/F.F. $10,017.22 $32,916.22 End of memo October 25, 2004 / Mayor and City Council of New Hope H P E 4401 Xylon Avenue North (D New Hope, MN 55428 w C:h.-01 RE: Written Appeal of Assessment 759 Property Address 3351 Independence Avenue North PID 19- 118 -21 -23 -0001 Of The Christian cat Missionary Alliance Dear Mayor and City Council: The members of Hope Chapel would like to thank you for opportunity to continue to 3351 Independence Av. N, discuss the written appeal that was submitted to the City Council on Monday, October 11, New Hope, MN 55427 2004, with regard to proposed assessments 759, for recent roadway improvements performed by the City of New Hope. Voice (763) 546 -4352 Fax (763) 546 -0256 As stated in the written appeal for the subject property, the members of Hope Alliance Chapel understand and appreciate the need for such roadway improvements. Similarly, Info @hopechapelcma.com the members of Hope Chapel are willing to bear a reasonable assessment for such improvements, as we realize that there is a benefit for upgrades to the infrastructure REV. BRIAN J. SINCLAIR adjacent our property. However, we again state that the proposed assessment amount SENIOR PASTOR Hof $22,899 results in a charge that well exceeds the increase in market value to the subject property. MR. DWIGHT CORDER YOUTH PASTOR In accordance with the assessment policy titled, "Assessment Policy for Streets and Related Structures and Backyard Drainage Projects, Revised 3- 19 -02, Section II, MRS. MELANIE SINCLAIR Subsection E, it is noted that churches, schools, nursing homes, commercial and WORSHIP DIRECTOR industrial properties are categorized together, all receiving the same commercial assessment rate for infrastructure improvements. This is premised on the assumption MRS. VICKY MEHRWERTH that each type of facility within this category realizes a similar benefit for such SECRETARY improvements. Herein lies the basis for this appeal. Church properties do not realize the same benefit that a commercial property realizes, as the assessment policy assumes. The resulting rX/ —',e Nt46A, assessment rate results in a charge that exceeds the benefit to the property of 3351 Independence Avenue North. Under Minnesota Statutes, Chapter 429, the City must be f 400^ able to prove benefit for the assessment levied. Therefore, the members of Hope Chapel appeal the assessment based on the benefit to the subject property. We would also like to reiterate from our letter of appeal dated October 11, 2004, that the members of Hope Alliance Chapel did not object to neighbors who were impacted by construction from utilizing the parking facilities, for parking. However, soon after the www.hopechapelcma.com commencement of construction, it became apparent that our parking lot became the unofficial detour route around construction. Representatives from Hope Alliance Chapel requested relief from this traffic pattern during construction. Failure of the contractor to address this impact to our property is an item that we also ask for consideration in this - — D matter. Therefore, We respectfully appeal the assessment amount of $22,899 and request that the charges to be levied against the subject property be adjusted to an equitable amount - that coincides with the benefit realized by the property. Christ our Savior, On behalf of the Governing Board and members of the Hope Allianc Chapel, Respectfully. Sanctifier, Healer,& Coming King. Rev. Brian J. Sinclair, Senior Pastor !N'1T TTT('TT ro&ta R EQUEST FOR ACTION Approved for Originating Department PP Agenda Agenda Section g Public Works November 8, 2004 Consent Item No. 6.6 By: Guv Johnson B : ` RESOLUTION APPROVING CHANGE ` ER NO 2 FOR THE 2004 STREET INFRASTRUCTURE PLAN (IMPOVEMENT PROJ NO. 759) REQUESTED ACTION Staff is recommending that the Council approve Change Order No. 2 to the contract with Doboszenski & Sons Inc., for the 2004 Street Infrastructure improvement project in the amount of $8,833.27. BACKGROUND The original amount of the contract with Doboszenski & Sons Inc., for the 2004 Street Infrastructure project, was $2,224,213.59. During the project it has been necessary to adjust some of the work and correct some issues. Change Order No. 1, approved in June, for additional work earlier in the project increased the contract to $2,231,321.88. The contractor has requested a second change order to cover eight items that required additional work and corrections. Staff is recommending denying one item and processing Change Order No. 2 for six of the submitted items in their entirety, and one item partially. The items are: • Necessary adjustments to the work on the storm water system in Jaycee Park $2,013.00 • Additional time spent locating one water service $1,830.00 (Existing water shut off valve was not installed to the surface) • Additional materials and labor necessary for some of the existing water service reconnects $2,235.77 (Original request for $6,217.37 included extra digging depth costs) • Necessary adjustments to four sanitary sewer services $214.42 • Additional time spent locating one water service $733.00 (City as -built showed service incorrectly for corner lot) • Necessary adjustments to three existing storm water structures for new curb alignment $327.00 1 480.0 • Necessary adjustments for installing three fire hydrants because of extra depth Total $8,8 8 7 FUNDING The total price of this change order is $8,833.27. Funding is available in the Street Infrastructure Fund, the Utility Fund, and the Storm Fund_ ATTACHMENTS The engineer's memorandum the change order, and the resolution are attached. MOTION BY _ ;J L�,i �_ SECOND BY TO: / ` /1 / l,G -✓. C ' — 759 Change Order No. 2 RESOLUTION NO. 04 - 191 RESOLUTION APPROVING CHANGE ORDER NO.2 FOR THE CONSTRUCTION OF THE 2004 STREET INFRASTRUCTURE IMPROVEMENT PROJECT NO. 759 BE IT RESOLVED by the City Council of the City of New Hope that Change Order No. 2 in the amount of Eight Thousand Eight Hundred and Thirty-three and 27/100 Dollars ($8,833.27) to the contract with Doboszenski & Sons, Inc. for the City's 2004 Street Infrastructure Improvement Project identified as Improvement No. 759 is hereby approved. Change Order No. 2 is necessary to address additional work as described in the City Engineer's November 1, 2004 letter attached hereto as Exhibit A. The Mayor and City Manager are hereby authorized and directed to sign Change Order No. 2 permitting this work to occur. Dated the 8 11 day of November, 2004. D n ier, ayor r Attest: Valerie Leone, City Clerk P:4ITTORNEY\CNH RE SOLUTIONS\CNH99.6759ORESOLUTION APPR CHANGE ORDER LDOC 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, P.E. - Robert G. Schunicht, P.E. - Jerry A. Bourdon, P.E. - Mark A. Hanson, P.E. Senior Consultants: Robert W. Rosen, P.E. - Joseph C. Anderlik, P.E. - Richard E. Turner, P.E. - Susan M. Ebedin, C.P.A. Associate Principals: Keith A. Gordon, P.E. - Robert R. Pfefferle, P.E. - Richard W. Foster, P.E. - David O. Loskota, P.E. - Michael T. Rautmann, P.E. - Ted K. Field, P.E. - Kenneth P. Anderson, P.E. - Mark R. Rolfs, P.E. - 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, P.E. - L. Phillip Gravel III, 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 November 1, 2004 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: 2004 Infrastructure Project, City Project No. 759 Change Order #2 BRAA # 34 -03 -153 Dear Guy: Additional work has been required for the successful completion of the 2004 Infrastructure Improvements project. Below is a listing of the required additional work to date. 1. Adjustment of a structure in Jaycee Park was required to increase effectiveness and eliminate the need for the structure to be built out of block and mortar. 2. Location of a water service was time consuming due to the unusual depth of the curb box. 3. Due to unexpected overdepth on many of the curb stops, curb box extensions were required to maintain access to the shutoff valve. It is recommended that only the materials and labor for installation of materials be paid ($2,235.77), not the contractors full request $6,217.37. 4. Unavoidable conflicts with several sanitary services arose during installation of the water main. These conflicts caused the damage to, and the repair of, the service lines. 5. The location of a water service was misrepresented due to an error on the tie card for the property. This caused additional excavation and time to rectify the problem, 6. To reduce the need to stagger adjustment rings and improve access to the structures, the hats on three catch basins needed to be rotated to better fit the curb alignment. 7. Due to unavoidable overdepth of some of the water main, extensions were needed, on three hydrants, to raise the breakaway section to the proper grade. It is recommended that the City Council approve the enclosed. Change Order #2 in the amount of $8,833.27 for the work completed. This will increase the amount of the contract for the project from $2,231,321.88 to $2,240,155.15. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. (;�� a /--� Jason Quisberg Enclosure 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651 - 636 -1311 November 15, 2004 Doboszenski & Sons, Inc. 6450 Pioneer Trail Loretto, MN 55357 Subject: Change Order No. 2 — Project No. 759 (2004 Infrastructure Project) 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 $8,833.27. This change order was approved by the New Hope City Council at its meeting of November 8, 2004. Sincerely, Valerie Leone, CMC City Clerk FROM cc: Guy Johnson, Director of Public Works Vince Vander Top, BRAA (BRAA #34-03-153) 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 REQUES I'll I II I V1@ FOR ACTI Originating Department Approved for Agenda Agenda Section Public Works November 8, 2004 Ordinance & Resolution Item No. By: Guy Johnson r g : ' p 10.1 RESOLUTION ADOPTING A SSMENTS FOR IMPROVEMENT PROJECT NO. 759 2004 STREET INFRASTRUCTURE IMPROVEMENTS REQUESTED ACTION Staff is recommending that the Council approve a resolution to adopt the proposed assessments for the 2004 Infrastructure Improvement Project No. 759. POLICY /PAST PRACTICE Assessments are proposed to be levied against benefited, tax - exempt properties, in accordance with New Hope's Assessment Policy. BACKGROUND The 2004 Infrastructure Project includes reconstruction of selected streets, and improvements to sanitary and storm sewer systems and water mains in the area between Trunk Highway 169 and Boone Avenue North, south of 36th Avenue North. On January 12, 2004, the City Council approved a resolution declaring estimated costs and established a public hearing for February 9, 2004, to review the proposed 2004 Infrastructure Improvement Project No. 759. At the February 9, 2004, Council meeting, the Council ordered the construction of the project after closing the public hearing. Using the New Hope Assessment Policy, the city engineer has determined that the total cost for the street portion of the 2004 Street Infrastructure Project is $1,806,525, and that the assessment rate per foot is $101.77 for residential and $152.66 for commercial /industrial properties. The 2004 Infrastructure Improvement Project includes two properties for assessment: the city of New Hope, and Hope Alliance Chapel of the Christian /Missionary Alliance. New Hope's assessable footage is 98 feet, for a proposed total assessment amount of $10,017.22. The Hope Alliance Chapel of the Christian /Missionary Alliance assessable footage is 150 feet, for a proposed total assessment amount of $22,899. The proposed total assessment amount for the project is $32,916.22. The city clerk has notified the property owners in the project area of the public hearing and the proposed assessment. The public hearing was held on October 11 and continued until October 25 to allow Hope Alliance Chapel the opportunity to evaluate the assessment and their options. At the October 11 meeting, the city accepted into the record the notice of appeal of the assessment submitted by Hope Alliance Chapel. At the October 25 meeting the Council agreed to enter into the record a letter submitted by Hope Alliance Chapel and closed the public hearing. Council also agreed to review the city's assessment policy at a November 4 work session and take action on the adoption of the assessment roll for the 2004 Street Infrastructure Project at the November 8, 2004 Council meeting. FUNDING The remainder of the project cost is being funded by the Utility Fund, Storm Water Fund, and Street Infrastructure Fund. ATTACHMENTS Attached are the resolution and the engineer's memorandum. MOTION BY �r1�1 SECOND BY I:RFA\Pubworks\2004V59 Assessment Roll RESOLUTION NO. 04 - 190 RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 759 (2004 Infrastructure Improvements) WHEREAS, pursuant to notice duly given as required by law, the City Council met on October 11, October 25 and November 8, 2004, heard and passed upon all objections to the proposed assessment for the 2004 Infrastructure Improvement Project No. 759, and has amended such proposed assessment as it deems just, and WHEREAS, the public hearing opened at the October 11, 2004 meeting was continued to and closed by the City Council at its October 25, 2004 meeting, and WHEREAS, the City Council received and considered the written October 11, 2004 objection to assessment presented by the Hope Alliance Chapel and all verbal information relating to the assessments presented by members of the Hope Alliance Chapel at the meetings referenced above; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of said installments to be payable with general taxes for the year 2005, collectible with such taxes during the year 2005. b. To the first installment shall be added interest at the rate of seven percent (7 %) per annum on the entire principal amount of the assessment from the date of this Resolution until December 31St of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest 1 shall be charged if the entire assessment is paid within thirty (30) days from the date hereof; and such property owner may at any time prior to November 15th of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31St of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. Adopted by the City Council this 8th day of November, 2004. olh r, Mayor Attest: ''� Valerie Leone, City Clerk P:XATTORNEY\CNH RESOLUTIONSICNH99 .67590 - 008 - AMENDED RESO ADOPTING ASSESSMENT.DOC 2 Proposed Assessment Roll Hope Alliance Chapel of the Christian/Missionary Alliance $22,899.00 Jaycee Park (City of New Hope) $10,017.22 October 25, 2004 Mayor and City Council of New Hope 4401 Xylon Avenue North 0 1101 New Hope, MN 55428 RE: Written Appeal of Assessment 759 Property Address 3351 Independence Avenue North PID 19- 118 -21 -23 -0001 Of The Christian & Missionary Alliance Dear Mayor and City Council: The members of Hope Chapel would like to thank you for opportunity to continue to discuss the written appeal that was submitted to the City Council on Monday, October 11, 3351 Independence Av, N, 2004, with regard to proposed assessments 759, for recent roadway improvements New Hope, MN 55427 performed by the City of New Hope. Voice (763) 546 - 4352 Fax (763) "546 -0256 As stated in the written appeal for the subject property, the members of Hope Alliance Chapel understand and appreciate the need for such roadway improvements. Similarly, Info @hopechapelcma.co►n the members of Hope Chapel are willing to bear a reasonable assessment for such improvements, as we realize that there is a benefit for upgrades to the infrastructure REV. BRIAN J. SINCLAIR adjacent our property. However, we again state that the proposed assessment amount SENIOR PASTOR of $22,899 results in a charge that well exceeds the increase in market value to the subject property. MR. DWIGHT GORDER YOUTH PASTOR In accordance with the assessment policy titled, "Assessment Policy for Streets and Related Structures and Backyard Drainage Projects, Revised 3- 19 -02, Section 11, MRS MELANIE SINCLAIR Subsection E, it is noted that churches, schools, nursing homes, commercial and WORSHIP DIRECTOR industrial properties are categorized together, all receiving the same commercial assessment rate for infrastructure improvements. This is premised on the assumption MRS VICKY M EHRWERTH that each type of facility within this category realizes a similar benefit for such SECRETARY improvements. Herein lies the basis for this appeal. Church properties do not realize the same benefit that a commercial property realizes, as the assessment policy assumes. The resulting T assessment rate results in a charge that exceeds the benefit to the property of 3351 Independence Avenue North. Under Minnesota Statutes, Chapter 429, the City must be fah H /�� able to prove benefit for the assessment levied. Therefore, the members of Hope Chapel appeal the assessment based on the benefit to the subject property. We would also like to reiterate from our letter of appeal dated October 11, 2004, that the - members of Hope Alliance Chapel did not object to neighbors who were impacted by construction from utilizing the parking facilities, for parking. However, soon after the www.hopechapelcma.com commencement of construction, it became apparent that our parking lot became the unofficial detour route around construction. Representatives from Hope Alliance Chapel requested relief from this traffic pattern during construction. Failure of the contractor to address this impact to our property is an item that we also ask for consideration in this matter. Therefore, We respectfully appeal the assessment amount of $22,899 and request that the charges to be levied against the subject property be adjusted to an equitable amount that coincides with the benefit realized by the property. On behalf of the Governing Board and members of the Hope Allianc Chapel, Christ our Savior, Respectfully. � Sanctifier, Healer,& � Coming King. Rev. Brian J. Sinclair, Senior Pastor To: Guy Johnson Copy: Daniel Donahue, Daryl Sulander, Valerie Leone, Steve Sondrall From: Vince Vander Top Subject: 2004 Infrastructure Improvements Assessments City Project No. 759 Our File No. 34 -03 -153 Date: October 6, 2004 2004 INFRASTRUCTURE IMPROVEMENTS ASSESSMENT The preliminary assessment roll in the Feasibility Report identifies all commercial and tax - exempt properties. Subsequent actions of the Council have Iimited assessments to benefiting tax - exempt properties. Only street reconstruction costs were used in determining the assessment rate. Storm sewer, water main, and mill and overlay reconstruction were funded with specific enterprise funds. Actual construction costs appear to be consistent with the original feasibility report estimate. Therefore, the corresponding front footage assessment rates are shown below. Assessmen Rate Determination PROPERTY TYPE # OF TOTAL ASSESSABLE ASSESSABLE LOTS UNITS UNITS FRONT FOOTAGE Single Family 191 191 191 15,883.69 Jaycee Park 98.43 Hope Alliance Chapel of the 150.00 Christian/Missionar y Alliance 2801 Flag Ave N 72 72 7S6* (Presidential Estates 2901 Hillsboro Ave N 12 4 ** 42* 2701 Flag Ave N 142 71 ** 745.5* (Burgundy Apartments) TOTAL RESIDENTIAL = 17,525.62 COMMERCIAL = 150.00 * Assessable FF for multi -unit housing is 10.5' /Assessable Unit ** Number of unit with access to reconstruct street NOTE: Commercial Rate = X Residential Rate = 2/3 *Commercial Rate = 2/3 *X Street Cost = (Residential FF)*2/3*X + (Commercial FF)*X where X = Commercial Assessment Rate X = Street Cost / [(Residential FF)*2/3 + (Comm ercial FF)] X = $1,806,525 / [(17,525.62 F + (150-00 FF)1 X = $I 52.66/FF CONEVIERCUL ASSESSMENT RATE = $152.66/FF RESIDENTIAL ASSESSMENT RATE =$101.77/FF I Final Assessments The final costs and assessment rate produces the following assessments: Assessable Footage Assessment Rate Assessment Hope Alliance Chapel of 150 F.F. $152.66/F.F. $22,899.00 the Christian/Missionary Alliance Jaycee Park 98.43 F.F. S101.77/F.F. $10,017.22 Total Assessments $32,916.22 End of memo November 8, 2004 Mayor and City Council of New Hope PE 4401 Xylon Avenue North New Hope, MN 55428 e RE: Written Appeal of Assessment 759 Property Address 3351 Independence Avenue North PID 19. 118 - 21.23.0001 Of The Christian & Missionary Alliance Dear Mayor and City Council: The members of Hope Chapel would like to once again thank you for opportunity to continue to discuss the written appeal that was submitted to the City Council on Monday, October 11, 2004, with regard to proposed 3351 Independence Av. N, New Hope, MN 55427 assessments 759, for recent roadway improvements performed by the City of New Hope. Voice (763) 546 -4352 As stated in the written appeal for the subject property, the members of Hope Alliance Chapel understand Fax (763) 546 -0256 and appreciate the need for such roadway improvements. Similarly, the members of Hope Chapel are willing to bear a reasonable assessment for such improvements, as we realize that there is a benefit for upgrades to Info @hopechapelcma.com the infrastructure adjacent our property. However, we again state that the proposed assessment amount of $22,899 results in a charge that well exceeds the increase in market value to the subject property. REV. BRIAN J. SINCLAIR SENIOR PASTOR Under Minnesota Statutes, Chapter 429, the City must be able to prove benefit for the assessment levied. Therefore, the members of Hope Chapel appeal the assessment based on the benefit to the subject MR. DwIGHT GOoER " property. We find it difficult to believe that the increase in property value can be substantiatied: YOUTH PASTOR 1. This is due in part to the lack of comparable properties on which to base this claim. 2. Even if there were comparables, the property is only worth what someone is willing to pay for it. MRS. MEANIE SINCLAIR It would seem that one hundred and fifty feet of new streets and curbing is probably not going WORSHIP DIRECTOR to make much difference to someone who would be looking for this property. For example, in 1995 when members of Hope Alliance Chapel first looked at this building, MRS. VICKY MEHRWERTH the "experts" said it was worth at least $1.5 million. Two years later, it was purchased for SECRETARY slightly more than $900,000. It would therefore seem unlikely that the purchase price would have been $923,000 due to the current street improvements. We would also like to reiterate from our letter of appeal dated October 11, 2004, that the members of Hope Not f oo Alliance Chapel did not object to neighbors who were impacted by construction from utilizing the parking facilities for parking. We have also over the years born the brunt of having our parking lot used as a shortcut by residents both north and south of our property. We do not see an end to this practice and therefore increasing the wear on our parking lot and liability to members with the current traffic pattern. Therefore, We respectfully appeal the assessment amount of $22,899 and request that the charges to be levied against the subject property be adjusted to $15,265.50. This amount is directly in line with the residential rate, and while we still think this amount would not add to our property value, we want to be good citizens and pay our part, which is fair and equitable. www.hopechapelcma.com On behalf of the Governing Board and members of the Hope Alliance Chapel, Respectfully. k Rev. Brian J. Sinclair Senior Pastor Christ our Savior, Sanctifier, Healer,& Coming King. COUNCIL REQUEST FOR ACTI Originating Department Approved for Agenda Agenda Section Public Works July 25, 2005 Consent _ Item No. By: Guy Johnson By: 6 RESOLUTION AUTHORIZING REDUCTION OF SPECIAL ASSESSMENT LEVY NO. 16089 (Improvement Project 759) REQUESTED ACTION Staff is recommending that the Council reduce the special assessment levy to the Hope Alliance Chapel of the Christian /Missionary Alliance, 3351 Independence Avenue North, and sign the agreement to reassess the property $17,000 rather than $22,899. POLICY /PAST PRACTICE Assessments are proposed to be levied against benefited, tax - exempt properties, in accordance with New Hope's Assessment Policy. BACKGROUND The 2004 Infrastructure Project includes reconstruction of selected streets, and improvements to sanitary and storm sewer systems and water mains in the area between Trunk Highway 169 and Boone Avenue North, south of 36th Avenue North. On January 12, 2004, the City Council approved a resolution declaring estimated costs and established a public hearing for February 9, 2004, to review the proposed 2004 Infrastructure Improvement Project No. 759. At the February 9, 2004, Council meeting, the Council ordered the construction of the project after closing the public hearing. Using the New Hope Assessment Policy, the city engineer has determined that the total cost for the street portion of the 2004 Street Infrastructure Project is $1,806,525, and that the assessment rate per foot is $101.77 for residential and $152.66 for commercial /industrial properties. The 2004 Infrastructure Improvement Project includes two properties for assessment: the city of New Hope, and Hope Alliance Chapel of the Christian /Missionary Alliance. New Hope's assessable footage is 98 feet, for a proposed total assessment amount of $10,017.22. The Hope Alliance Chapel of the Christian /Missionary Alliance assessable footage is 150 feet, for a proposed total assessment amount of $22,899. The proposed total assessment amount for the project is $32,916.22. The city clerk notified the property owners in the project area of the public hearing and the proposed assessment. The public hearing was held on October 11 and continued until October 25 to allow Hope Alliance Chapel the opportunity to evaluate the assessment and their options. At the October 11 meeting, the city accepted into the record the notice of appeal of the assessment submitted by Hope Alliance Chapel. At the October 25 meeting, the Council agreed to enter into the record a letter submitted by Hope Alliance Chapel and closed the public hearing. Council also agreed to review the city's assessment policy at a November 4 work session and take action on the adoption of the assessment roll for the 2004 Street Infrastructure Project at the November 8, 2004, Council meeting. MOTION BY G� /"� ` �.f2,, SECOND BY TO: I:RFA \Pubworks\2005 \759 Resolution Authorizing Reassessment Request for Action 759 Authorizing Reassessment July 25, 2004 Page 2 At the November 8, 2004, Council meeting the Reverend Brian Sinclair, Hope Alliance Chapel, was recognized and stated that he did not believe the property value had appreciated by $22,899 and requested that the charges levied against the church property be adjusted to $15,265. Also at that time Reverend Sinclair presented a letter to the city clerk. At the completion of discussions, the Council passed a resolution adopting assessments as proposed for Improvement Project 759. Pursuant to Minnesota Statute Chapter 429, Hope Alliance Chapel appealed the assessment and the city of New Hope was made a party in a lawsuit. Through negotiations between the city attorney and church representatives, an agreement was drafted to reassess the property. The agreement allows for the reduction of the church's assessment from $22,899 to $17,000. ATTACHMENTS Copies of the resolution and the agreement are attached. I:RFA \Pubworks \2005 \759 Resolution Authorizing Reassessment Attorneys At Law DOUGLAS J. DEBNER' GORDON L. JENSEN' CL.ARISSA M. KLUG GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAx (763) 493 -5193 e -mail law @j ensen-sondrall.com July 19, 2005 Guy Johnson Public Works Director City of New Hope Department of Public Works 6500 International Parkway New Hope, MN 55428 Re: Resolution Reassessing Hope Alliance Chapel 2004 Infrastructure Improvement 759 Our File No.: 99.67590 Dear Guy: Via e-mail To Johnson@eLnew-hope.mn.us and By Regular U.S. Mail Enclosed for consideration at the July 25, 2005 Council Meeting is a proposed Resolution Authorizing Reduction Of Special Assessment Levy No. 16089. This resolution reduces the assessment against the Hope Alliance Chapel property at 3351 Independence Avenue to $17,000.00. As pointed out in the resolution, the reduction is subject to the Church's return of the signed Agreement to Reassess Property At 3351 Independence Avenue North And Dismiss Assessment Appeal. The Hope Alliance Chapel has agreed to the reassessment, therefore their return of the agreement will be a formality. Contact me if you have any questions regarding this resolution or procedure to reassess the property. Very truly yours, Steven A. Sondrall New Hope City Attorney Jensen & Sondrall, P.A. Direct dial (763)201 -0211 Enclosure cc: Valerie Leone Daryl Sulander P: \Attomey \SAS \l Client Files \2 City of New Hope \99- 67590\ltr G.Johnson reso adopting reassessment.doe RESOLUTION NO. 05- 94 RESOLUTION AUTHORIZING REDUCTION OF SPECIAL ASSESSMENT LEVY NO. 16089 BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City Council adopted Resolution No. 04 -190 authorizing the levy of special assessments to benefited property for the 2004 Street Infrastructure Improvement Project No. 759, and WHEREAS, the property owner of parcel no. 19- 118 -21 -23 -0001, commonly known as the Hope Alliance Chapel of the Christian/Missionary Alliance, (hereafter Hope Alliance Chapel) 3351 Independence Avenue North appealed the assessment to Hennepin County District Court per Minn. Stat. §429.481, and WHEREAS, upon the advice of the City Attorney the City Council has determined the assessment against parcel no. 19- 118 -21 -23 -0001 may be excessive and found invalid by the court and hereby wishes to reassess the parcel referenced above per Minn. Stat. §429.071, and WHEREAS, the City Council and Hope Alliance Chapel are both desirous of settling this assessment appeal without resort to continued litigation and have agreed upon a reassessment amount as set forth in the Agreement To Reassess Property At 3351 Independence Avenue North And Dismiss Assessment Appeal attached hereto as Exhibit A, and WHEREAS, upon execution by the Hope Alliance Chapel of the Agreement To Reassess Property At 3351 Independence Avenue North And Dismiss Assessment Appeal (Exhibit A) affirming its agreement to the reassessment amount, it is in the best interests of the City and the Hope Alliance Chapel to discontinue any further appeals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the assessments be reduced in the following amount as they apply to each parcel here listed: Sec. Twp. Rug. QQ Suffix Original Amount Reduction Revised Assessment 19 118 21 23 0001 $22,899.00 $5,899.00 $17,000.00 2. That this reassessment shall be effective subject to return by the Hope Alliance Chapel of a signed Agreement To Reassess Property At 3351 Independence Avenue North And Dismiss Assessment Appeal, a copy of which is attached as Exhibit A. That the revised assessments shall be spread in accordance with the terms of Levy No. 4. That the City Manager and his staff are hereby authorized to take all necessary steps to amend the assessment roll for Levy No. 16089 in conformance with the terms of this Resolution. Dated the 25 day of July, 2005. f IMArfin E. Opem ., Mayor Attest: ML art — t t..- Valerie Leone, City Clerk PAATTORNEY\SAS \1 CLIENT FE.ESU CITY OF NEW 140PE \99- 67590\RESOLUTION REASSESSING 3351 INDEPENDENCE HOPE ALLIANCE CHAPELAVENUE.DOC 2 AGREEMENT TO REASSESS PROPERTY AT 3351 INDEPENDENCE AVENUE NORTH AND DISMISS ASSESSMENT APPEAL 1. Parties The parties to this Agreement are the City of New Hope, a Minnesota municipal corporation, (hereafter "City "), and the Hope Alliance Chapel of the Christian and Missionary Alliance, a Minnesota non profit corporation (hereafter "Church "). 2. Acknowledgment by Parties a. The Church is the fee owner of the property located at 3351 Independence Avenue North, also identified by property number 18- 118 -21 -23 -0001. b. The Church's property abuts Independence Avenue North. C. The City's 2004 Street Infrastructure Improvement Project No. 759 resulted in a special benefit to the Church's property and an increase to the property's market value as well. d. The City has specially assessed the Church's property $22,899.00 for the public improvements the City has made to Independence Avenue North as part of the City's Improvement Project 759. This assessment was adopted per Resolution No. 04 -190 at the November 8, 2004 City Council meeting. e. The Church has appealed from the special assessment to its property referenced above per Minn. Stat §429.081. 3. Agreement Between the Parties a. The City will reduce the special assessment to $17,000.00 per the proposed Resolution attached hereto as Exhibit A. b. In consideration for the City's reassessment or reduction of the special assessment, the Church will dismiss with prejudice the assessment appeal from the City's assessment it filed in District Court identified as District Court File No. APO4 -18085 and the Church hereby agrees to the reassessment of its property as indicated in paragraph 3.a. above. C. The Church hereby waives its right to notice and hearing of this reassessment to its property required by Minn. Stat §429.071(2) and agrees its property has been benefited to the extent of this reassessment. d. Each party will pay its own costs and attorneys' fees in connection with the assessment appeal. Dated: July , 2005. ]Elope Alliance Chapel of the Christian and City of New Hope Missionary Alliance By: By: _ Its: By: _ Its: Martin E. Opera Sr. Its: Mayor Daniel J. Donahue Its: City Manager 2 STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this day of , 2005, by and , the and , respectively, of the Hope Alliance Chapel of the Christian and Missionary Alliance, a Minnesota non profit, corporation, on behalf of the corporation. (Notary Public Seal) STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. Notary Public The foregoing instrument was acknowledged before me this day of , 2005, by Martin E. Opem Sr. and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of the municipal corporation. (Notary Public Seal) Notary Public P:\Attomey\SAS \i Client Files\2 City of New Hope \99- 67590\Agreement to Reassess and Dismiss Appeal.doc JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail law @jensen- sondrall.com GORDON L. JENSEN' CLARISSA M. KLUG GLEN A. NORTON AMY E. PAPENHAUSEN STEVEN A.SONDRALL ARIL T. STIENESSEN STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association August 3, 2005 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Writer's Direct Dial No.: (763) 201 -0211 e -mail sas @jensen - sondrall. com Re: Hope Alliance Chapel Assessment Appeal /3351 Independence Avenue North Our File No. 99.67590 Dear Val: Please find enclosed three (3) signed Agreements to Reassess Property at 3351 Independence Avenue North and Dismiss Assessment Appeal I received from Hope Alliance Chapel. As you know, at the July 25, 2005 Council meeting, we adopted a Resolution authorizing reduction of Special Assessment Levy No. 16089 relating to the Church's property subject to the return of the signed Agreement. Please take the following steps in connection with the signed Agreements enclosed: 1. ✓ Have the Mayor and Manager sign all three copies and return two of the Agreements to me. The third copy you can keep for the City's records. 2. V' Please ensure that the Finance Director informs the County that the assessment against the Hope Alliance Chapel should be reduced to $17,000.00 per the enclosed Agreement. 3. ' Send me a certified copy of the Resolution reducing the assessment to $17,000.00. When I receive the signed Agreements back, I will forward a fully- executed copy to the Church and file the other copy with the Court requesting that the special assessment appeal be dismissed. If you have any other questions or comments regarding this matter, please contact me. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Guy Johnson, Public Works Director (w /enc.) Daryl Sulander, Finance Director (w/ enc.) Dan Donahue, City Manager P: \Attorney \SAS \1 Client Files\2 City of New Hope \99 - 67590 \99.67590- 008 -Val Lin doe AGREEMENT TO REASSESS PROPERTY AT 3351 INDEPENDENCE AVENUE NORTH AND DISMISS ASSESSMENT APPEAL 1. Parties The parties to this Agreement are the City of New Hope, a Minnesota municipal corporation, (hereafter "City "), and the Hope Alliance Chapel of the Christian and Missionary Alliance, a Minnesota non profit corporation (hereafter "Church "). 2. Acknowledgment by Parties a. The Church is the fee owner of the property located at 3351 Independence Avenue North, also identified by property number 18- 118 -21 -23 -0001. b. The Church's property abuts Independence Avenue North. C. The City's 2004 Street Infrastructure Improvement Project No. 759 resulted in a special benefit to the Church's property and an increase to the property's market value as well. d. The City has specially assessed the Church's property $22,899.00 for the public improvements the City has made to Independence Avenue North as part of the City's Improvement Project 759. This assessment was adopted per Resolution No. 04 -190 at the November 8, 2004 City Council meeting. e. The Church has appealed from the special assessment to its property referenced above per Minn. Stat §429.081. 3. Agreement Between the Parties a. The City will reduce the special assessment to $17,000.00 per the proposed Resolution attached hereto as Exhibit A. b. In consideration for the City's reassessment or reduction of the special assessment, the Church will dismiss with prejudice the assessment appeal from the City's assessment it filed in District Court identified as District Court File No. APO4 -18085 and the Church hereby agrees to the reassessment of its property as indicated in paragraph 3.a. above. C. The Church hereby waives its right to notice and hearing of this reassessment to its property required by Minn. Stat §429.071(2) and agrees its property has been benefited to the extent of this reassessment. d. Each party will pay its own costs and attorneys' fees in connection with the assessment appeal. Dated: July Z 9 , 2005. Hope Alliance Chapel of the Christian and Missionary Alliance S , S By: Its: an Its: Its: City Manager 7 STATE OF MINNESOTA } COUNTY OF HENNEPIN SS. ff�i fore ' g instrument was acknowledged before me this day of �vti , 2005, by _._. � and the >r'o v r k S vim' and respectively, of the Hope Alliance Chapel of the Christian and Missionary Alliance, a Minnesota non profit corporation, on behalf of the corporation. (Notary Public Seal) -- BETH J BERGJORD �- 'J Notary Public - Minnesota N ry Public *My Commission Expires Jan. 31, 2010 STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this day of ' I—C , 2005, by Martin E. Opem Sr. and Daniel J. Donahue, the Mayor and City Manager, respectiiVely, of the City of New Hope, a Minnesota municipal corporation, on behalf of the municipal corporation. f ;s4 .,.., ,ntr�:' M?.. '�.� a3"U"'.'✓ul,.Y^..Y�: 4 r Notary P: \Attomey \SAS \1 Client Files \2 City of New Hope \99- 67590\Agreement to Reassess and Dismiss Appeal.doe G] RESOLUTION NO. 05- RESOLUTION AUTHORIZING REDUCTION OF SPECIAL ASSESSMENT LEVY NO. 16089 BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City Council adopted Resolution No. 04 -190 authorizing the levy of special assessments to benefited property for the 2004 Street Infrastructure Improvement Project No. 759, and WHEREAS, the property owner of parcel no. 19- 118 -21 -23 -0001, commonly known as the Hope Alliance Chapel of the Christian /Missionary Alliance, (hereafter Hope Alliance Chapel) 3351 Independence Avenue North appealed the assessment to Hennepin County District Court per Minn. Stat. §429.081, and WHEREAS, upon the advice of the City Attorney the City Council has determined the assessment against parcel no. 19- 118 -21 -23 -0001 may be excessive and found invalid by the court and hereby wishes to reassess the parcel referenced above per Minn. Stat. §429.071, and WHEREAS, the City Council and Hope Alliance Chapel are both desirous of settling this assessment appeal without resort to continued litigation and have agreed upon a reassessment amount as set forth in the Agreement To Reassess Property At 3351 Independence Avenue North And Dismiss Assessment Appeal attached hereto as Exhibit A, and WHEREAS, upon execution by the Hope Alliance Chapel of the Agreement To Reassess Property At 3351 Independence Avenue North And Dismiss Assessment Appeal (Exhibit A) affirming its agreement to the reassessment amount, it is in the best interests of the City and the Hope Alliance Chapel to discontinue any further appeals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the assessments be reduced in the following amount as they apply to each parcel here listed: Sec. TwP. Rng. QQ Suffix Original Amount Reduction Revised Assessment 19 118 21 23 0001 $22,899.00 $5,899.00 $17,000.00 r m TXBIT � AL A -J a 9 2. That this reassessment shall be effective subject to return by the Hope Alliance Chapel of a signed Agreement To Reassess Property At 3351 Independence Avenue North And Dismiss Assessment Appeal, a copy of which is attached as Exhibit A. 3. That the revised assessments shall be spread in accordance with the terms of Levy No. 16089. 4. That the City Manager and his staff are hereby authorized to take all necessary steps to amend the assessment roll for Levy No. 16089 in conformance with the terms of this Resolution. Dated the 25`' day of July, 2005. Martin E. Opem Sr., Mayor Attest: Valerie Leone, City Clerk PAATTORNEYISAS \I CLIENT FILESI2 CITY OF NEW HOPE\99-67590 \RESOLUTION REASSESSING 3351 INDEPENDENCE HOPE ALLIANCE CHAPELAVENUE.DOC 2 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda >' Agenda Section Public Works Public Works Conse Item No. By: Guy Johnson By: 6 . 7 RESOLUTION TO ACCEPT THE 2004 STREET INFRASTRUCTURE PROJECT AND TO APPROVE FINAL PAYMENT REQUEST (IMPROVEMENT PROJECT 759) REQUESTED ACTION Staff recommends that Council approve a motion to accept the 2004 Street Infrastructure project and authorize final payment to Doboszenski & Sons Inc., in the amount of $277,417.25. POLICY PAST PRACTICE To maximize the life of our city streets, the city of New Hope accepted an Infrastructure Analysis Report and Pavement Management Program from GoodPointe Technology in November 2001. The 36th Avenue Street Infrastructure Project is an activity that was recommended in the city's current pavement management plan. BACKGROUND A public informational meeting concerning this project was held on Tuesday, January 13, 2004. On February 9, 2004, the City Council was presented a Feasibility Report for the project, held a Public Hearing, and ordered the preparation of plans and specifications. The Council approved plans and specifications, that included the engineer's project estimate of $2,883,500, at its February 23, 2004, meeting. The 2004 Infrastructure Project included improvements to streets and utilities in the southwest part of the city. Some street segments that required utility upgrades were completely reconstructed with new water mains and/or storm water lines installed, and new curbs and pavement. Other streets with deteriorating pavement were milled and overlaid. The project also included Alternates 1 and 2 for storm water improvements in the area of 50th Avenue and Xylon Avenue. Alternate 1 was the storm water infrastructure work in the street right -of -way that staff recommended completing prior to the 2004 seal coat project in the same neighborhood. Alternate 2 was additional storm water work that was connected to the storm water pipe in Alternate 1. Alternate 1 and 2 allowed for the drainage of a large low area in the backyards of a number of homes. FUNDING Doboszenski & Sons original bid for the project was $2,224,213.59. There were two change orders executed last year during the project for additional work. The change orders increased the overall contract by $15,951.56. The change orders were necessary for some additional temporary water services' work, additional street work because of poor sub -soils in a few areas, and additional work on some utility structures that was required after they were excavated and exposed. The net change to the original contract was an increase to $2,240,155.15. MOTION BY f2 SECOND BY TO: ALL I:KI \1'UOworKs \ZUUS \1b9 2UU4 Intrastructure Flnai Project 759 — 2004 Infrastructure Final August 8, 2005 Page 2 Additional funds were spent on additional quantities of materials related to the new water service installations. With the contractor's safety inspector on site for most of the new water main and service installations, stringent OSAH excavation requirements were followed. The increase in the size of the excavations compared to previous projects necessitated additional topsoil, gravel, asphalt, and concrete than was originally anticipated to restore front yards and driveways. The final amount earned by Doboszenski & Sons Inc., was $2,296,258.30, or 2.5% over the contract amount. Funding sources for this project include Street Funds, Utility Funds, Storm Water Funds, and assessments. ATTACHMENTS Attached are copies of the resolution, the engineer's memorandum recommending the acceptance of the project, and the final pay request. w CITY OF NEW HOPE RESOLUTION NO. 05 -100 RESOLUTION ACCEPTING THE 2004 STREET INFRASTRUCTURE PROJECT AND TO APPROVE FINAL PAYMENT REQUEST (IMPROVEMENT PROJECT 759) WHEREAS, The City has entered into a contract with Doboszenski & Sons, Inc. for the construction of the 2004 Street Infrastructure Project; and WHEREAS, Staff is recommending that the Council adopt a resolution to accept improvement project 759 and approve final payment to Doboszenski &Sons, Inc. in the amount of $277,417.25; and WHEREAS, the City Engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Doboszenski &Sons, Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Hennepin County, Minnesota: 1. That the city Council accepts the 2004 Street Infrastructure Project from Doboszenski &Sons, Inc. 2. That the City Manager is hereby directed to authorize the final payment of $277,417.25, to Doboszenski &Sons, Inc. subject to submittals of the required IC-134 Forms. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 8 th day of August, 2005. Attest: L a � City Clerk Ll�a t or l:RFA\PubworkM2005\759 Final Resolution Bonestroo Rosene Anderlik & Associates Engineers & Architects August 1, 2005 2335 West Highway 36 ° St. Paul, MN 55113 Office: 651 - 636-4600 • Fax: 651 -636 -1311 www.bonestroo.com Mr. Guy Johnson City of New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 2004 Infrastructure Improvements City Project No. 759 Bonestroo Project No. 000034 - 03153 -0 Dear Guy: Enclosed find the signed, final pay request for the 2004 Infrastructure Improvements project. We recommend final payment in the amount of $277,417.25. The revised contract was for $2,240,155.15. The final value of work completed is $2,296,258.30, or $56,103.15 (2.5 %) more than the contract amount. The difference in cost is namely due to overruns of quantities associated with the restoration required from water service installations. The contractor followed stringent, OSHA regulated guidelines when completing their work. This resulted in increased quantities for items such as tree removal, driveway restoration, and sodding. All work has been completed on the project. Any remaining work would be completed under the contractor's warranty. The contractor has not yet provided the necessary IC- 134 forms required. It is recommended that final payment be approved but the check held until the proper paperwork is submitted. If you have questions, please contact me at 651- 604 -4938. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Jason Quisberg enclosures St. Paul, St. Cloud, Rochester, MN ■ Milwaukee, WI • Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned Bonestroo Rosen Anderlik & Associates Engineers & Architects Owner: City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 Date: July 15, 2005 For Period: 5/24/2005 to 7/15/2005 Request No: 8 AND FINAL Contractor: Doboszenski & Sons, Inc., 6450 Pioneer Trail, Loretto, MN 55357 CONTRACTOR'S REQUEST FOR PAYMENT 2004 INFRASTRUCTURE IMPROVEMENTS BRA FILE NO. 000034- 03153 -0 CITY PROJECT NO. 759 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. $ 15,941.56 $ 0.00 8 AND FINAL $ 2,224,213.59 $ 2,240,155.15 $ 2,296,258.30 $ 0.00 $ 2,296,258.30 $ 0.00 $ 2,296,258.30 $ 2,018,841.05 $ 0.00 $ 277,417.25 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: DOBOSZ KI & SOY9 INC Approved by Owner: CIT )OF NEW HOP Specified Contract Completion Date: June 25, 2005 Date: Oj� 3403153 REQ8Fi n al.xls 3403153REQBFi nal.xls Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date PART 1 - WATERMAIN: 1 MOBILIZATION LS 1 31672.57 1 $31,672.57 2 6" DIP WATER MAIN, CLASS 52 LF 7700 18.53 7575 $140,364.75 3 8" DIP WATER MAIN, CLASS 52 LF 1770 22.34 1770 $39,541.80 4 12" DIP WATER MAIN, CLASS 52 LF 1815 31.12 1809 $56,296.08 5 6" GATE VALVE AND BOX EA 41 731.56 43 $31,457.08 6 8" GATE VALVE AND BOX EA 4 956.68 5 $4,783.40 7 12" BUTTERFLY VALVE AND BOX EA 4 1138.75 4 $4,555.00 8 DUCTILE IRON FITTINGS LB 8000 1.25 10021 $12,526.25 9 INSTALL HYDRANT EA 18 1851.04 19 $35,169.76 10 CONNECT TO EXISTING WATER MAIN EA 15 399.50 18 $7,191.00 11 BULKHEAD EXISTING WATERMAIN EA 5 29.11 6 $174.66 12 IMPROVED PIPE FOUNDATION LF 10000 1.65 $0.00 13 REMOVE WATER MAIN LF 10700 4.45 10480 $46,636.00 14 REMOVE HYDRANT EA 18 219.67 19 $4,173.73 15 RECONNECT EXISTING SERVICE EA 204 116.40 200 $23,280.00 16 1" TYPE "K" COPPER WATER SERVICE LF 7400 11.41 6488 $74,028.08 17 1" CORP EA 204 48.81 200 $9,762.00 18 1" CURB STOP AND BOX EA 204 176.06 200 $35,212.00 19 INSULATION, 3" THICK SY 10 18.16 25.5 $463.08 20 TEMPORARY WATER SERVICE LS 1 23859.29 1 $23,859.29 21 CLEAR AND GRUB TREES EA 10 215.40 43 $9,262.20 TOTAL PART 1 - WATERMAIN: $590,408.73 PART 2- STREET IMPROVEMENTS: 22 TRAFFIC CONTROL LS 1 4072.22 1 $4,072.22 23 REMOVE CONCRETE CURB AND GUTTER LF 21650 2.40 21395 $51,348.00 24 8618 CONCRETE CURB AND GUTTER LF 21650 8.45 21395 $180,787.75 25 REMOVE CONCRETE SIDEWALK SY 230 2.98 283 $843.34 26 4" CONCRETE SIDEWALK SF 2070 3.43 1072 $3,676.96 27 PEDESTRIAN CURB RAMP EA 3 305.42 2 $610.84 28 AGGREGATE BASE, CLASS 5 (CV) CY 9000 22.90 11229 $257,144.10 29 SELECT GRANULAR BORROW (CV) CY 8000 13.20 8627 $113,876.40 30 GEOTEXTILE FABRIC, TYPE V, WOVEN SY 16800 0.94 15959 $15,001.46 31 GEOTEXTILE FABRIC, TYPE V, NON -WOVEN SY 26300 1.04 25902 $26,938.08 32 COMMON EXCAVATION (EV) CY 21600 7.40 25917 $191,785.80 33 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 4900 32.91 3992 $131,376.72 34 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 3700 35.74 2939 $105,039.86 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 1950 1.23 1275 $1,568.25 36 6" CONCRETE DRIVEWAY PAVEMENT SY 2750 40.16 4730 $189,956.80 37 TYPE LV 4 BITUMINOUS MIXTURE (B), FOR DRIVEWAYS TN 350 91.15 353 $32,175.95 38 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1300 4.58 3148 $14,417.84 39 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 2000 3.59 2622 $9,412.98 40 REMOVE AND INSTALL NEW R3067V CASTING EA 24 512.09 30 $15,362.70 41 REMOVE AND INSTALL NEW R1642B CASTING EA 52 623.59 45 $28,061.55 42 RECLAIM BITUMINOUS PAVEMENT SY 36900 0.41 33175 $13,601.75 43 SAW BITUMINOUS PAVEMENT LF 700 3.27 700 $2,289.00 44 SALVAGE AND RE -USE CLASS 5 AND RECLAIME BITUMINOUS PAVEMENT (CV) CY 2100 7.40 150 $1,110.00 45 SODDING, LAWN TYPE SY 18500 2.05 25826 $52,943.30 46 TOPSOIL BORROW (LV) CY 2100 3.95 2100 $8,295.00 47 SALVAGE AND REINSTALL MAILBOXES LS 1 9169.93 1 $9,169.93 48 TEMPORARY MAILBOXES LS 1 1133.05 1 $1,133.05 49 WATER FOR DUST CONTROL 1000 GAL 250 29.50 150 $4,425.00 50 STREET SWEEPER WITH OPERATOR HR 30 101.81 22.5 $2,290.73 51 MOTOR GRADER WITH OPERATOR HR 40 146.14 $0.00 52 4" PERFORATED PVC DRAINTILE, SDR 35 LF 2400 5.55 1882 $10,445.10 53 CONNECT DRAINTILE TO EXISTING STRUCTURE EA 44 111.06 41 $4,553.46 54 ADJUST FRAME AND RING CASTING EA 52 183.40 52 $9,536.80 55 RECONSTRUCT MANHOLE LF 10 156.34 $0.00 56 STORM DRAIN INLET PROTECTION EA 30 495.15 26 $12,873.90 57 SALVAGE AND REINSTALL SIGNS LS 1 2143.28 1 $2,143.28 TOTAL PART 2 - STREET IMPROVEMENTS: $1,508,267.90 3403153REQBFi nal.xls 3403153REQ8Rnai.xis Contract Unit Quantity Amoun No. Item Unit Quantity Price to Date to Date PARTu - M|LLANDOvERLAY: na TYPE LV4 WEARING COURSE MIXTURE (B) TN 1400 35.74 880 $35 59 MILL BITUMINOUS PAVEMENT (1-1/2^DEEP) GY 7300 0.70 7300 $5.110.00 60 BITUMINOUS MATERIAL FOR TACK COAT GAL 700 1.23 325 $39975 01 ADJUST VALVE BOX EA 5 122.15 5 $732.30 82 ADJUST FRAME AND RING CASTING EA 16 293.01 17 $4.381.17 03 REMOVE BITUMINOUS PAVEMENT GY 150 1J5 $0.00 64 TYPE LV3 BITUMINOUS MIXTURE (8). FOR PATCHING TN 45 80.37 $0.00 85 REMOVE AND INSTALL NEW CONCRETE CURB AND GUTTER LF 800 17.76 228 $4.049.28 68 1^ CORPORATION STOP WITH 12^SADDLE EA 2 114.17 $0.00 07 1^ TYPE ''K.COPPER WATER SERVICE LF 80 11.34 $0.00 68 1'' CURB STOP AND BOX EA 2 177.45 *ODO 69 CUT 4^ SANITARY SERVICE INTO 9^VCP EA 2 269.29 *O.00 70 4^ PVC, GDRo0 SERVICE PIPE LF 80 8.53 TOTAL PART 3- MILL AND OVERLAY: PART 4- STORM SEWER: 71 SALVAGE AND REINSTALL RETAINING WALL SF 275 13.10 184 $2.41040 72 12'' STORM SEWER LF 371 18.26 364 $8.646.64 73 15^ STORM SEWER LF 1174 20.58 1202.5 $24.747.45 74 1O^ STORM SEWER LF 35 28.74 81 $735.94 75 27^ RCP STORM SEWER, CLASS 3 LF 559 30.63 560 $20.805.84 76 30^ RCP STORM SEWER, CLASS 3 LF 15 5079 16 $308.54 77 4'D|AMETER STORM SEWER MH EA 2 1188.02 2 *2.376�04 78 4'DIAMETER STORM CBMH. INCL. CSTG. B\ 14 1396.80 15 *20.85320 79 5'D|AMETER STORM CBMH. INCL. C8TG. EA 1 2945.06 1 $2 80 YARD DRAIN, INCL. CSTG. EA 1 62872 1 $629.72 81 2'X3'CB INCL. R-3OO74/CGTG. EA 5 1025.08 O $5.150.48 82 4'D|AMETER STRUCTURE OVERDEPTH LF 12 89.79 1174 $1.054.13 83 CONNECT TO EXISTING PIPE EA 1 198.27 1 $198.27 84 CONNECT EXISTING STORM PIPE TOSTRUCTURE EA 3 199.19 5 $895.95 85 CONNECT STORM PIPE TO EXISTING STRUCTURE EA 3 27530 2 $550.60 86 IMPROVED PIPE FOUNDATION LF 1000 1.68 *O,UU 07 REMOVE STORM SEWER PIPE LF 594 4.72 486 $2.341.12 88 REMOVE STORM STRUCTURE EA O 88.30 7 $625.10 88 TRANSPLANT DOGWOOD EA 5 88.58 5 *342.90 90 4'' PVC, SCHEDULE 4O LF 40 3.69 50 $184.50 91 REMOVEFENCE LF 30 829 30 $24870 92 SILT FENCE LF 200 2.33 TOTAL PART 4- STORM SEWER: ALTERNATE NO. 1-5oTM AVENUE NOeTHIXYLON AVENUE NORTH: 93 12^ STORM SEWER LF 296 1025 300 *5.475,00 94 2'X3'CB. INCL. F-3O874/CSTG. EA 1 1023.42 2 $2 95 REMOVE AND INSTALL NEW CONCRETE CURB AND GUTTER LF 310 1773 300 $5.319.00 96 CONNECT STORM PIPE TO EXISTING STRUCTURE EA 1 277.38 1 $277.38 97 SAW BITUMINOUS PAVEMENT LF 510 3.30 330 $1.08880 90 AGGREGATE BASE, CLASS 5(CV) CY 65 22.90 08 $1.55720 89 TYPE LV3 NON WEARING COURSE MIXTURE (B) TN 50 32.58 52 $1.684.16 100 TYPE LY4 WEARING COURSE MIXTURE (B) TN 35 35.74 33.5 $1.19729 101 BITUMINOUS MATERIAL FOR TACK COAT GAL 20 123 $0.00 102 SODDING, LAWN TYPE 8Y 350 429 130 $583.44 103 TOPSOIL BORROW (LV) CY 35 4.00 TOTAL ALTERNATE NO. 1'5VTM AVENUE NOmT*/XYLON AVENUE NORTH: *19 ALTERNATE NO. n-50TH AVENUE mORTNQOYLOm AVENUE NORTH: 104 1u^ STORM SEWER LF 296 1825 469 *8.55925 105 YARD DRAIN, INCL. C8TG. EA 2 629.40 3 $1.888.20 100 SODDING, LAWN TYPE SY 600 429 1353 $5.804.37 107 TOPSOIL BORROW (LV) CY 60 0.95 Total ALTERNATE NO. 2-soTH AVENUE NORTHQmrLDm AVENUE NORTH: $10.251.02 3403153REQ8Rnai.xis CHANGE ORDER NO.2 1 CATCHBASIN MANHOLE ADJUSTMENT - JAYCEE PARK LS Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date CHANGE ORDER NO. 1 WATER SERVICE CURB BOX EXTENSIONS LS 1 2235.77 1 1 SUMP PUMP CONNECTIONS LS 1 296.19 1 $296.19 2 TEMPORARY WATER SERVICE CONNECTION LS 1 264.00 1 $264.00 3 TEMPORARY WATER SERVICE REPAIR LS 1 425.00 1 $425.00 4 STORM SEWER STRUCTURE REPLACEMENT LS 1 1994.00 1 $1,994.00 5 STREET MAINTENANCE LS 1 4129.10 1 $4,129.10 $8,833.27 Total Change Order No. 1 $7,108.29 CHANGE ORDER NO.2 1 CATCHBASIN MANHOLE ADJUSTMENT - JAYCEE PARK LS 1 2013.00 1 $2,013.00 2 LOCATION OF WATER SERVICE - 3032 INDEPENDENCE CIRCI LS 1 1830.00 1 $1,830.00 3 WATER SERVICE CURB BOX EXTENSIONS LS 1 2235.77 1 $2,235.77 4 SANITARY SEWER SERVICE REPAIR LS 1 214.42 1 $214.42 5 LOCATION OF WATER SERVICE - 3040 INDEPENDENCE CIRCI LS 1 733.00 1 $733.00 6 CATCHBASIN MANHOLE ADJUSTMENTS LS 1 327.00 1 $327.00 7 HYDRANT EXTENSIONS LS 1 1480.08 1 $1,480.08 Total Change Order No. 2 $8,833.27 TOTAL PART 1 - WATERMAIN: TOTAL PART 2 - STREET IMPROVEMENTS: TOTAL PART 3 - MILL AND OVERLAY: TOTAL PART 4 - STORM SEWER: TOTAL ALTERNATE NO. 1 - 50TH AVENUE NORTH /XYLON AVENUE NORTH: Total ALTERNATE NO. 2 - 50TH AVENUE NORTH /XYLON AVENUE NORTH: Total Part 1 TOTAL Part 1 TOTAL WORK COMPLETED TO DATE $590,408.73 $1,508,267.90 $50,298.30 $95,850.68 $19,239.31 $16,251.82 $7,108.29 $8,833.27 $2,296,258.30 3403153REQ8Fi nal.xls PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 759 BRA FILE NO. 000034 - 03153 -0 CONTRACTOR DOBOSZENSKI & SONS INC CHANGE ORDERS No. Date Description Amount 1 6/22/2004 This Change Order provides for additional work on this project. See Change Order. $7,108.29 2 10/22/2004 This Change Order provides for adjustments for this project. See Change Order. $8,833.27 06/08/04 154,179.97 14,904.69 298,093.79 3 06/09/2004 06/29/04 451,743.79 Total Change Orders $15,941.56 PAYMENT SUMMARY No. From To Pavment Retainane Completed 1 04/01/2004 05/11/04 129,009.13 6,789.95 135,799.08 2 05/12/2004 06/08/04 154,179.97 14,904.69 298,093.79 3 06/09/2004 06/29/04 451,743.79 38,680.68 773,613.57 4 06/30/2004 07/22/04 452,130.29 62,477.01 1,249,540.19 5 07/23/2004 09/03/04 578,579.99 92,928.59 1,858,571.76 6 09/04/2004 10/22/04 241,770.26 105,653.34 2,113,066.77 7 10/23/2004 05/23/05 11,427.62 106,254.79 2,125,095.84 8 AND FINAL 05/24/2005 1 07/15/05 277,417.25 2,296,258.30 Material on Hand Total Payment to Date $2,296,258.30 Original Contract $2,224,213.59 Retains a Pay No. 8 AND FINAL Change Orders $15,941.56 Total Amount Earned $2,296,258.30 Revised Contract $2,240,155.15 3403153REQUinalxls AUG 0 9 2a MINNESOTA• REVENUE _ IC134 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue befor fi - state 3 linnesota r any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. — — — — — — — — — Company name Daytime phone i Minnesota tax ID number Doboszenski & Sons, Inc. 17631 478 -6945 _ 3188053 Address ( Total contract amount Month /year work began 6450 Pioneer Tr $ 2,324,094 04104 City ^ state Zip Code Amount still due t Month /year work ended Loretta MN — 55357 — — — / $ 333,955.18 06/05 Project number I Project location MCSI #4806 ( New Hope Project owner Address city State Zip code Citv of New Hope 4401 Xylon Avenue N New Hope MN 55428 Did you have employees work on this project? t3yes ❑No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ soie contractor ❑ subcontractor Name of contractor who hired you Address Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name Address Owner Officer M idstate Reclaimation 21955 Grenada Ave nue, L akeville, MN 55044 Tree Top Service 4683 65th Street, Delano, MN 55328 GMH As Corp. 9180 Laketown Road, Chaska, MN 55318 Midwest Co Specialties 16700 Chippendale Ave., Rosemount, MN 55068 Fobbe Contracting 540 Cedar Circle Annandale, MN 55302 I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency. signature to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance '® Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Department of Revenue approval Date AUG Stock No. 5000134 (Rev. 2/031 -11-1 1 ;'k .. - rIVIM IVIJUI Ldtc liVllltldlllCJ 1U. IVIIIII1C:uVLCi L/CIJd.IU11CIIL VI rxvvCllut kDuww=,J rdx) r'dyt - -. 1/ 1 LIdLC. IIZ.7IZVV4 J.JO.JU rIVI MINNESOTA Department of Revenue Withholding Affidavit for Contractors IC- 134 This affidavit must be approved by the Minnesota Department of Revenue befo�the st�rteof Minnesota or any of its subdivisions can make final payment to contractors. C Y C CL 0 o� a` o v.: ,C Please type or print clearly. This will be your mailing label for returning the completed form. — — — — — — — — — /" Company name — — 1 Daytime phone Midstate Reclamation, Inc. ( 952) 985 -5555 f Address ' Total contract amount 21955 Grenada Ave ( $ 16,204.50 City State Zip Code I Amount still due Lakeville MN 55044 - -1 $ 6 06.94 Miltn'esotdtdx &number ,t 1719563 Month /year work began 4/04 Month /year work ended 7/04 Project number Project location 2004 Improvements City of New Hope Project owner Address City State Zip code City of New Hope 4401 Xylon Ave New Hope MN 55428 Did you have employees work on this project? ✓❑Yes ❑No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. Sole contractor Q Subcontractor Name of contractor who hired you Doboszenski & Sons, Inc Address 6450 Pioneer Trail Loretto, MN 55357 0 Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC - 134. If you need more space, attach a separate sheet. Business name Address I declare that all information I have filled in on this form is true and complete to the best of m knowledge and belief. 1 authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if i am a prime contractor, and to the contracting agency. C Contractor's signature Title Date ua _ Donn Johnson "" Vice President 07/29/04 Mail to: MN Depl. of Revenue, Wilhholding Division, Mail Station 6610, 51. Paul, MN 55146-6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Department of %venue approval Date r t p Stock No. 5000134 (Rev. 11 /99) Pd01-1 loa -- —A 10 104 MINNESOTA Department of Revenue o , Withholding AfficloVit for Contractors V This affidavit must be approved by the Minnesota Deportment of Revenue before the state of Minnesota or any of its subdivisions can mate Pino/payment to contractors. 1 C - -134 pr6j", number locotion ZW4 N3V� -w-DO-0- Frojod Owfter Addrrao licity siato ZIP code Did you have employees work on this prolcd i Y es 0 No If no, who did The work Check the box that describes your involyement in the project and Pill in all information requested. [I Sole contractor Subcontractor sz�,c N o --- 'i ---- I rris o controOorwho hired you 1Y) tQ 5 7 F Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC-1 affidavits and have them certified by the Department of Revenue before you can file your affidavi;. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified 1;�-1 34. If you nerd more space, attach a separate shoot. Businosa numo Address Ownef/ORiccr L I declare that cold informc000 I have tilled in an this form is Ptwa and compete to t6a best of m knowleago and b6llak I authorize the DeF irfrnant of Revieniis to dise,6sig pertinent information relating Io th7s project, including sending copr'w of this farm, to Aa prinie conoxior if am a 6u contractor, and to any subQortractors if I am a prime confroctor, or?d 1p the contracting agency, 1 Contractor's signature Title date Mail tc%.Dept. oF Revenue, WithhoKing Division, Moil Sttiflon Gb10 t. Pell, MN 55146661 C Certificate of Compliance B-,isftd on records of the Minnesota Department of Revenue, I certify that the contractor who hes signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290,97 concerning the withholding of minnewto income tax from wagm paid to omplorycoa raloting to contraGtnrrYirm iYA thn olutc of MiflnuagtU WrWiwr 4o VWW1Yi4iQnQ, Depart 0 o f R evenu e approval Date �7 AM S tock Nei. 5000 3A s. Jkov. 17 /96) PfIrNJ , n way-;W poper with 10% moskonaurmar w6da Ut iq ady-bai*6 PleOGG type of Print clearly, This will be your mailing label for retuming the completed form, Company ---------- • Total DbYtImph.. minn"ma tax in number coffUmemount 4 $ 0 (3 - 4 ,L- Month/yearworkbegotl 40 C"Y state Amount still duct moony yyvarworlk ended Pr nutntior Projec; famlon 1 ft)Jcct owner Addrem I . I — • I - I City state A) code Did You have OmPlOYCOS work M Ms Omlear? JMYeft 'LJNo if no, who df(l the work? Check the box that descrIbes your involvernent to me project and fill in all Wormatian requested. Susin"s nerna I di'dare ftr Wit reformat! Rave f1Ncd In an t 2 Is his =X rh ng, )d complete to MC boat go e OfMY kOOwlad and OeIW. I authorize rho Dopartmerrof Roonue W dhi pe fit r &aAvntatl Wng sendfrig Coolbs Of th forte, to the prune 006tractor If Jam a Wbcontrscror, J DPW TO any 51 "I 0 Ere Y I am a Ati co and to rho contracting agency. E re I contr=ors 5 Title Date Man t3wiffin R nue, Mail Station 66 1 0, St. Paul, MN 5514&6610 Certificate of Compliance Based on mcords of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota Income tax from W&91�s Paid to employees t relating o cant-ad . M innesota and/or ItS subdivisions, i 'V� ' - � . "I W71 thr �165 Dare Depe ' f 4 V-;Pdb'8pp'""'— 3M-." No. 15000134 (Rev. W()3) F—I Prime contractor-9 you subcontracted out any work on this project, a ll o f Your subcontractors must file their own IC134 afflilavits and haye them oertiVed by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the Information below and attach a copy at each subcontractors oertffied I0134. If you need more space, attach a separate sheet. " Please_txpe o rintcleapy__rhfs will De /seal fo ;resuming the comPb ytime phone fCompanyName Midwest Concrete S ecialties, Inc i 651 - 322 -5900 Total Contract Air p Address 16700 Chi endale Ave Zip Code i $ 315,291.50 Amoun affill A. City State $ 19,552.23 j Rosemount MN 55068 try�1G:�6i :A Prolect number 'Z: NICS1 # 4886 N; Project owner Addre city of New Ho 4401 Did you have smplo,eez work on this project? location 7Yes [-_-]NO A..a N GI,r New try .az Y y: 2 Check the box that describes your involver"nt in the project and Rif in aft information requested. 0 Prime Contractor— if you subcontracted out any work on !his project, all of your subcontractors must $"a t e and have them certified by the Department of Revenue before you can f file your affidavit. For each subcontractor you had, li in the information below and attach a copy of each subcontractor's certified IC - 134. if you need more space,, attaccr a se p arate sheet. Business name Address withholding tax ID number 4715615 if no, who did the work? lM 55428 =Sole Contractor x Subcontractor Name o contra r who hire you Doboszenski & Sons, Inc, ddress 6450 Pioneer Trail Loretto MN 55357 h 'r own IC 13d affidavits I declare that all information l have filled in on this form is true and complete to the best of my knowledge and belief. t authorim the Department of Revenue to disclose pertinent information refating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if t am a prime contractor a nd to the contracting agency. Vice President MN Dept of Revenue, Withholding Division, Mail Station 6610, St. Paul MN 551 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statues 290.92 and 290.97 concerning the withholding of Minnesota Income tax from wages paid to employees relating to contract services with the state of Minnesota and/or Its subdivisions. Dais Department of Revenue approval Stock No. 60000124 (Rev 1155) a, [� Prlane GOOMOW— 11' you subcontracted out any work on this project, all of year subcontractors must file their own 10134 affidavits and have them cerMfied by the Department of Revenue oefore you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor certified IC134. If you need more space, attach a separate sheet. 6vVicss name RCdruas Owner flmcet t de# &to that a7r lnrotmwion t trove fi ad to on lids furm is rrue and complete to the boat of my kpa+e bage arid bale, 1 aut"Offt rho Departmenr or Revenue to disclose pertfnant tnfprmarion r013*9 tQ Mir- project, thetvdtng sending coptea of mis form, to the Pilate contmatot Jr i am a subcontractor, and ro any sudcot Boors If t am a prime ccfibactor, and to the contracrirtgt agency, catrct ct nlytcrtr rtie hate oil to; Minnesota Revenue. Mail ;Station 606V), Srt. Paul, Mai ;dfZ6-6e:LO C ertiffea te of Complianc Based can records of the Minnesota Department of Revenue, 1 certify th the con tractor who has signed this certificate has ulfitted all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or Its subdivisions. CtdF6rrmemi + Rcvcnue apQrsuar care ,. 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