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HomeMy WebLinkAboutContract 1852 DOCUMENT 00520 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PJUCE. TillS #(;REEMENT i~betw~en the City of Columbia Heights, Minnesota (hereinafter called Owner) and "V"hff~ I!I/1'Zi.U (hereinafter called Contractor). ...., Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE. 1- WORK 1.01 Contractor shall complete all Work as s'pecified or indicated in the Contract Documents. The Work is generally described as follows: A. Grading, aggregate base; utilities, concrete curb and gutter,. bituminous surfacing, bituminous trail, concrete sidewalk, and storm watt:"r quality ponds. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the 'Contract Doci.nnents may be the whole or only' a part is generally described as follows: A. Huset Parkway Area ImprovemeI)ts . City of Columbia Heights, Minnesota' . S.A.P. No. 113-110-08, 113-107-12 City Project No, 2004-04 ARTICLE 3 - ENGINEER '. , 3.01 The Project has. been des.igned by Short Elliott Hendrickson Inc~.'(EngiiJ.eer) who is ,to act as Owner's representative, assume, all duties and responsibilities, and 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 [mal paymenr,as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. There will be an intermediate completion date of December 15, 2005 for ali work on 39th Avenue between 5lhStreet and Jefferson Street, including Jefferson Street, with the exception of the wearing course. COLHT0403.01 Standard Form of Agreement 00520 - 1 B. All other work, including the fInal wear course, landscaping and restoration, will be substantially completed on or before July 1, 2006. C. All project work will be completed and ready for fmal payment in accordance with Paragraph 14.07 of the General Conditions on or before July 15,2006. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer tinancialloss if the Work is not completed within the times specifIed in Paragraph 4.02, 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 $1,500.00 for each day that expires after the time specifIed in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. Mter Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the re:rq.aining Work within the Contract Time or any proper extension thereof granted by.owner, Contractor shall pay Owner $1,500.00 lfor each day that expires after the time specifIed in Paragraph 4.02 for completion and readiness for fmal payment until t.he Work is completed and ready for fin~ payment. ARTICLE 5 - CONTRACT PRICE 5.01. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the s~ of the amounts determined pursuant to the' following paragraph(s): A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of. Unit Price Work times the estimated quantity for that corresponding item as indicated in Contractor's Bid. . . As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided jri Paragraph 11.03 of the General Conditions. ESTIMATED TOTAL OF ALL UNIT PRICE WORK: Two Million Five Hundred Sixty-Two Thousand Three Dollars and Ninety-Two Cents (words) Eight Hundred ($ 2,562,803.92 (numerals) ) 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 Generai Conditions. 6.02 Progress Payments; Retaina.ge A. Owner shall make monthly progress payments on. account of the Contract Price on. the basis of Contractor's Applications for Payment during performance of the Work as provided ill Paragraph 6.02.A.1 below. All such payments will be measured. by the schedule of values es.tablishedin Standard Form of Agreement 00520 - 2 COLHT0403.01 Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Subject to the provisions of SC-14.02, 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 Engrneer may determine or Owner may withhold, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 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 required 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 Site and becpmefamiliar with and is satisfIed as to the general, local, and Site conditions that may affect cost, progress, and perfoImance 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: (l)repOJ1s of explorations and tests.of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to' existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identifIed in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site \\Thich has been identifIed in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. ... . " .... ..h . .' ... .. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specifIc means, methods, techniques, sequences, and procedures of construction, expressly required by the Bidding Documents and safety precautions and programs incident thereto. COLHT0403.01 Standard Form 'of Agreement 00520 - 3 F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 1. 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: L T1:Jis Agreement (pages 00520-1 to 00520-6, inclusiver 2. P~rformance Bond (Document 00610). 3. Payment Bond (Document 00615). 4. General Conditions (pages 00700-1 to 00709-50, inclusive)." 5. "Supplementary Conditions (pages 00800-1 to 00800-8, inclusive). 6. Specifications as listed in the table of contents of the Project Manual. .7. Drawings consisting of 82 sheets with each sheet bearing the following general title: Huset Parkway Area Improvements 8. Addenda (numbers 0091_ to 0091_, inclusive). 9. Exhibits to this Agreement (enumerated as follows). a. Contractor's Bid (Document 00410). b. Documentation submitted by Contractor prior to Notice of Award (pages _ to._, inclusive). c. Certificate of Insurance. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments. b. Notice to Proceed (Document 00550). Standard Form of Agreement 00520 - 4 COLHT0403.01 c. Work Change Directives. d. 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 ~s provided in Paragraph 3.04 of the General Conditions. ARTICLEIO-NllSCELLANEODS 10.01 Tenns 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 ofthe party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due mliy 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 partner. 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 voi.d or unenforcea~le 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. . COLHT0403.01 Standard Form of Agreement 00520 - 5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on ~alf. This Agreement will be effective on ~ c1-S-; "tc)(:) S- , _ (which is the Effective Date of the Agreement). By: Title: Vice President-Finance City Manager / [CORPORATE SEAL] Attest: sz::~] Title: Address for giving notices: Address for giving notices: 3205 Spruce Street St PaulMN 55117 (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing' execution of Owner- Contr;lctor Agreement). License No. NA (Where Applicable) Agent for service of process: NA (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: . EV I tV NS- G-tV" Title?~/,i MlVis };J, r..~ Ifi CA?~- Address: '31-;5 ft10 Rve-. If/, c-.. CoLV/fllh# J/e/9Ilfs, /11/'1 S"~I '7/ 3 1"7()' :37c;S- Phone: lIP I II Facsimile: i, ~ /7tJb-.3?tJ1 /. Name: Cory Van Engen Title: Proj ect Manager Address: 3205 Spruce Street St Paul MN 55117 Phone: 651-484-0448 Facsimile: 651-484-7839 Standard Form of Agreement 00520 - 6 COLHT0403.01 PERFORMANCE BOND Bond No. 929369172 Any singular reference to Contractor, Surety. OWm:r or other party shall be conside(ed plural where applicable. CONTRACTO:R (Name and Address): Frattalone Companies, Inc. 3205 Spruce Street St. Paul, Minnesota 55117 SURETY (Name and Address of Principal Place of Business): Western Surety Company CNA Plaza Chicago, illinois 6068~ OWNER (Name and Address): City of ColUmbia Heights ' 637 38rh Avenue NE Columbia Heights, MN 55421 CONTRACT ' Date: July 25th, 2005 . Amount: Two Milli~h Five Hundred Six~-two Thousand Eight Hu~dred Three and 92/100 ($2,562,803.92) Desc:ri.ption (Name and Location): Huset Parkwa.y Area Improvements Columbia Heights. Minnesota . BOND . BoodNUDlber:'929369172 " Date (Not eadier th8n Contract Date): July 29th, 2005 . , Amount: Two Million Five Hundred Sixty-two Thousand Eight Hundred Thr,ee and 92/100 ($2,562,803.92) Modifications to this Bond Ponn:' N ' ' one ." ~~.. .. .. Surety and Contractor. intending to be legally bound hereby. subject to the'term.!: printed on the reverse side hereof. do each ::ause this Performance Bond to be duly executed on its behalf by its aut:hoti~ officer. agent. or ~epresentative, t SURlITY (Seal) Wes.tern Surety Co~pany Surety's N~e and Gorporate Seal (Seal) Space is provided below for signatures 'of additional parties, f Jequired.) Sign e and Title: Nicole . coty, tt (.Atlach Power of Attorney ~ . ') Attest: ztAlJJU-" ['-..4 Signature and Title ~ SignatU:rc~ Namei'tnd Title: Dave Grimsrud, VP-Finance By. I . :::ONTRACTORAS ~RINCIPAl.,' Company: " SURETY (Seal) Surety's Name and Corporate Seal (Seal) Signatltre: N8D.1Cl and Title: By: Signature ,and Title: (Attach Power of Attorney) Attest: Signature and Title 1 JCDC No. C0610 (2002 :&l.itioll) l ~ by the &g!Deers Joint Contract DOCl.lIDeDb ColDmittee aud endol'1ied by the Associated General Contr'actort ofAxntria and the ( oDStruc:tion SpeclticstiOll9 InstlJUU:. 00610-1 1. Contracror and Surety, jointly iled licvenilly. bind themselves. lhl:ir . heirs. executors, adInioistnUors, successors, and llSsigns to OWllM for the pmoonauce of the Coa.!tll.ct, which is illCorponted bel:ein by refemLCe. 2. If CQl;l.lfACtot perfOllllS the Contncr. Swety and Conll"llc:tor hav~ no obUgalica under rhi.s Bond, ex.cept to -participate in cOllferences as provided in Pnragrap.b 3.l. 3. If there is no Owner Default, Surcty', obllgalioo under this Bond shall arise after. 3.1 Owner has notified COII~t.ar and Surety. lit the addresses desctibed in PanPllph 10 below, that Owner is coMiclc:ril.lg dec~ II CODtractor De!aUlt lllId blI:l rc:quested and attempted to lltrange a ccmercllcc with COlltraCtor and SImt)' to be held. not late" than 15 days sfr.cr receipt of such notice to disCUBi nlerhodS of petformfng the ConlIllct If Owner. Contractor and Surtty agree. COIlttactor shalL be aUo-c;ved a fe.15D11B.ble time to pe.dQr'lD. the CouIract, but sueb an agree'll:lent shall not waive Owner's right, if 1llJ1, :ubscqneutly to declare a COnlr.lclor Default; and 3.2 Owner tw dec!aled a Conlracror Default acd formally tennlnatea CODttactor'S right to comple.te Ihc Contract. Sudt Conttactor Default sbal1not be ckcla:rcd earlll:t than 20 ~ afi:eI: Contm.c1Dr iud Sumy ba ve recei ved. notice as provided ill l>angrnpb 3.1; and 3~ Owner bas agn:cd to pay !be aalan.oe of Ihe Contract Price to: 1. Surety tn ~cotdanCiC: wicb. !he tl:mlIl of !be eontcact; 2. AJlorher COIltmctlX selected pUTSuant [0 ~pb 4.3 to . perl'onn !be ContracL I 4. Whe1l. 0W0.e:t bm ljatU6ed Ib~ 1:000di.tions of Paragraph ~, SlltCty shall promprly BIld at SU11;ty's expense lak:c ~ of tbc following acti.0II$; . 4.1 Amm/Pl for ConlnCtor, with consc:ut of Owner, "to perfonn and complete the CoutraCl; Of 4.2 . 'Undenakc to pedOQn 1m\! complete the Couuact itself, Ibrough il$ agenll!i or thmugh ~poudenc c;ontractors; or . 4.3 Obtain bids or ~tiMt<l p~\s fum1 qus.li:fied COlltnCt~ acceptable 'to Owner for a CCIIl1DIC~ for pedOl:mBuce ~d completiOll of the Concr:u:r. a:mmge for a- contrlIct: to be prepared for cxectllioo by Owner llnd ConlIllCtOr .seleclCd with OWner'! . concurrence. to be secui::ed. with ped01'milDCC and payment bonds executed by a qualified BureIy eqwVllk:nt to the bonds isslltd on !he Couttsct, and pay to Owne; the amount of damages ll3. aescnDed in Patllt\lBPn 6 ill CJ\.cess of tbe ;Ba1mce of the ~t Price iocurred by Ownet resul!i.ns fcom Coll~ Default; or . 4.4 Waive its rlgbt to 1Mrloon ami complete, ~ for complbliOll, or obtaiD a I1(IW conUlll:tor IlIII1 with mallOQablo promptnesS un.der the circumatanccs: . 1, A!.t<< in vealigatiCll1, determine the amottnC for wbich it may be fulble to OWller IIIId. BB !opIl as pnaicable aflt:r !he l!IIlO\mt ill detcnniAed. Itlldar plLymcnl therefor to OWner; or . . 2.' Deny liability in who~ or in -pan Iload notify OWller cilinS WISOI1S tberefor. 5. If Surd)' doeS not proceed IIll provided in Pangrapb 4 wiIh teasonablc promptneSs, StUllty ~ be deemed 10 be in defanJ.r. CD this Bood 15 days a~ receipt of Jln addiriDlllll written potice frOOl OWllcr. to Surety demandiAg that Surety perfOl.'ln its obligatiOlU IIlldcr this Bond. lll1d OWIler shall be cuti.tk:d to .cu(oo:e &U:y remedy, &'1ailallle: tb. Owae.t: .'tt. Surety proceeds as pro\lidcd in Pangrapb. 4.4, and Owner refu.ses the paymcpc tendered or Surety. tw denied liability, in whole or in Part.. wilhout tbttllM notice Ownes- sbal.! be entitled to en.foo:e any remedy IIVlIilablc to Owner. OWNER'S REPRESENTATIVE: S:Q.ort .Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 6. After Owner bas tenninated Contractor's right 10 complate ~e CODtract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 ibove, then the tespOllBibilities of-Surety to Owoer shall not be greater thanlhO$e of ContractOr ooder the Contract. and Ihe E"C3ponsibiUties of Owner to SureI:)' shall nOt be greater than those of O\1ll:lt: UDder the CODl.nlcL To a limit of the asnount oC this Jlood, but subject to commitmeD.t by Owner of the BalllJlce of the ContraCt Price to mili.galiOll of COllts and damages CD 1he Contncr. Surety is obligated ~1hO\lt duplication for: 6.1 The: respoo.sibilitii'S of CouIDt:tQr for correction of defective: Work and completion of the Cootnct: 6.2 Additional legal. 'design profeuiOl1al, and deJay costs resultinS from ConlI1lctor':; Defanlt. and resulting from !be actions or failure to act of SLU'CIY unm:r Pang1"l!pb 4; and 6.3 Liqwda.ted damll.ges, or if no Iiquida~ dilmagcs are specified in the COnJn,ct, actual damages l:Ilused by delayed pcrf'onna"nc:c or non-perfOr'l%:lat1cc of Con!J'actOr. 7. Suroty sbiill I10C be liablo to OWPI:l or o!hers for cbligatiOll$ of Contractor that are unrelated to the Contract, aJ;Id !he Balance of Ihe CoQlract Price sb.aU not be tcduced or set off on &eCQQ:dt of any such unrelated obligatiollS. No right of aroOl1 shaH acct1le 011 Ibis Bond to any Pcrsoo or cuury other t:ban Owner 01.' ilS heirs, executnl'S. ad.ministrntors., or SIlcCiC:Sllora,. B. Surety hereby waives notice of any changc. iDcl~g changes of time. to Couttact or to related sabccm.ll"lICl$. 'purchase orders. liIld other obUgaticms. 9~ Any procl)eding, legal or equirsblc:, DIlder tbis Bond m~y be iD$itultd in any ~ of oompcte.nt jurisdiction in. the location in which tho Work or part of tbc Wori; is located and aba\l be iIlstiOlted within I.'wO yean :lfter Contractor Default or witbin two yean afrer CootrBCtol" cease<! worJdog Clr . witbin two years after Surety refuses or fails to perfOrm it3 obligations UIldet this lIond, whichever OCCll1'S fimt. Illhc provisions of thls pll1lgmph IIJ'C voW or ptobibired by law, Ib.c minimum perioc1 of limilaliou Availll.ble to surttics lIB a defense in the jud5di~tiOl1 of Ihc snJt shall be" applicable. 10. Notice 10 SiI1ety. OWn.er, or CGmactot sluJ.\ he mailed or de\i.vcred tc the address tbown on !he siguarore );73ge. . ''11. "When tb.is Bond bas been fum.ished co comply willz B. 5l'!llUlQ'y l"equirement in thc location where tbe C001IJK:l.was '0 ~ pet'fC'..mled, MY previaion in Ibis Bond cODflicting with said statnlOl'y requirement ahaII be deemed delt:tcd hercf'rom and pl'(Msioos contilrarlng to such lla!llUlly. requirement sbaIl be deemed incorporated betei\1. The mfl:Ut 1'3 l'bat .thi~ Bood Wll be Coustrued &$ a statlllory bond IUld not as a CotllmOJ1. ~w ~DiL 11.. DefiniIiOllS. . 12.1 Balance of thc: Contract Price: The total lIIIlCill1lt .pa:y1lble by Owuer [0 Contractor I.lDdcr the Contract after all proper ~4iilStinCllts have Oem ~ including lllli:lll\laUCt 10 Can!r&ct01' ,of any a1l1Oll11\S received or to be received by Owner in senlement or. insUIaJICC or other ClabJIs for damage:; to which Contractor is entitled, reduced by all VJlid and proper pll-yIIICIlt!! made to or 011 bchal! of ~or und=- the CQIlInCt. 12.2 Contract: The agreement ~CCIt Owner and Coolnclor' identified' . on t:bc signature' page, including aU Conllllct DocumenIlllllld changes thereto. 12..3 COD.cr:u:tol' Default Failan: of Contracrof, which ,bas neither been mmediod nor waived. to pcrfCllU1 Of otherwise ,to comply with the leI'tn!l af die Contract. 12.4 Owrici Default: PailUre of Ovincr, wbicb biIs ncitber bm:i remedied nOr' waived, to pay Contmctor' as rcquUed by the ~t or to perfOIIl1 and complete.Ot cOnlply with the' olbe>!' tmnS tW::reot. SURETY AGENCY OR BROKER: Name: T.C. Field & Company . Address: 530 North Robert Street St. Paul, MN 55101 Phone: 651-227-8405 EJCDC No. C..610 (2002 Edldon) Prepand by tbe ]i:Dgi:o~ Joint Contract Doeumc:nl& Coxnmittee Imd endo'rttd by the Associated General CllII1trt1ctors Dr Amerl.ca axuI the Comtrncr:lon Specitications Institute. 00610-2 UVLV,l.y...,(!,l....I. UUO.l.;;I ..cvw.1. ....92.9..3:&9 L7 2 ' PAYMENT BOND Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRAcrOR (Name and Address)= Frattalone Companies, Inc. 3205 Spruce Street St. Paul, Minnesota '55117 OWNER (Name aDd Address): City of. Columbia Heights 63738111 Avenue NE , Columbia Height8, MN 55421-3878 SURETY (Name and .Address of Principal Place of Bwiiness): Western Surety Company CNA Plaza Chicago, IllinQ~S 60685 CONTRACT Date;July 25th, 2005 ,Amount. Two Mi11ionFiv~ Hundred sixtY~two Thou~and Eight Hundre,d Three and 92/100 Description (Name and Location): ,Ruset Parkway Area Ifu.provome:nts Columbia Heights, Minnesota ' .( ($2,562,803.92) , BOND Bond Number: 929369172 Date (Not.earlie'r than Contract Date): July 29th, 200S " ' Amount: Two Million Five Huncl!ed Sixty-tWo'Thousand Eight.Itundre,d fuee aRd, 92/100 ($2,5q2,803.92) Modifications to this Bond Fonn: ' ',', ,. . '; ..' ...., ..:. . . None "';. '. .... " Surety and Contractor, intending 'to'be legally 'bound bcr~bY. subjec~ to the terms'~rint~d"on the reverse side hereof, do 'each cause this Payment Bond to be duly execllted on its behalf by its authorized officer. agent, or rep('esenmtive.' Sign3Uh"e: Name lUId Title; Dave Grimsrud, VP-Finance' (SCal) (Seal) CONTRACTOR AS PRINCIPAL .Company: Frattal' om ames, Inc. (Space is provided below for signatures of additional parties, if required.) CONTRAC'l'Qll AS PRINCIPAL Company: ~I SlJRETY (Seal) (Seal) Surety's Name and Corporate Seal Signature: Name and Title:: By: Signatuxe and,Title:..... (Attach Power of Attorney) Attest: Signature and Title EJCDC No. C-6~ (2002 Edition) hqtlU'e.d by the ~ .Joint COlltrad. Documents Committee aDd mdotsed by the Assodated General Conlnl~rs or America and the Co~~l1oI:lSpccifu:aIioJ)S InstUute. 00615-1 1. Contracta'" and SUl'tty, joinlly and severally, bind themsclves, their hcin, ~eCUlors., administmtora. mccessors, lInd assign! 10 Ownl!!l' to pay fOf labor, materials. and equipmenL furoi.sl1ed by Claimants for use in the performance efme Coonce., which is ineotpOl'l1lcd herein by rcierellCC. 2. Wltb respect \Q Owner, this obligalion shaJ] be DllII aud void if ConlnlClor: 2.1, Promptly makes payment, directly Or illdhectl)', for all sums due ClaimantS. and 2.2 Defends. indemnifies, and holds harmless Owner from all claims. de:tnands. liens, or saits alleging uOIl-paYJnel1t by Contra.ctor by lID,y person or entity who funUshed labor, materials. or equipment for use in the perl'ormance of the Con!IlI.ct, provided OWl1e.T has p1'QlDptly notified Contractor and S\lX'ety (at !he ~ddrc.ssCll described in Para~b. 12) of aDY claims, demands. liens, or suilll and Icndaed defense of such claims, dJ:lDlIIIds, Iil:l;lS, 'Or suits to Conrractor and Sl1{Cly. and provided there Is nO OWner Dcfm1t. ' 3. With respect to CWmauts, this obligation sh.aJl be null and void if Contractor, promptly mikes payment, directly or indirectly, fer all sums due. . 4. SlIlety shall have 110 obligation to CllIimanrs under this Bood uu.til: 4.1 ~ts who &Ie employed by or ha....e.. direct conltllCt with Qmtractor have giveiJ notice 10 5l1fety (at the addresses , descn'bed in Pamgmph 12) and sent a. copy, or noUl;c thereof. to . 'Owner. stating that a claim. is being made under this Bond and, with substantial ~, the amountiof!he claim.. 42 Claimmts wbo do not have a direct contract willl Con~ 1. Have furnished' wnltal notic~ 10 Contractor IIJd sci1t II. copy. Of notice thereof. 10 Owocr. wilhin 90 days afrCf having last perf0nnc4.Jabor 01" last fumisbcd materials or equipment illcluded in the claim stating, with substantial llCCIImC)', the BIIIOuut of the claim llnd the 1lllIIle of the party to wbom ihe'materials or eqll.lpmcuc were furnished or SUpplied. III for wboln'lbc labor WlIS dou.e Dr'pcrl'onned: and 2. Have eifhCl' n:ccivccla r~ection.in whole ClI: in part from ~ttactor. at not received wiIbiu 30 days of fumisbing the above noticC any, communication from COIltIactor by which Cootractor had indiCBtcd lhe claj,m will be' paid di%ect1y or indirccrly: aud 3: Not having been paid within Ihc above 30 days. have Belli , a written notice to SIIIct)' and sent a topy, or noti\J~ lhcn:tlf. to owaer, sta6ag lhat a ciaim is beUlg made under Ibis Bond ud cncloa,i!1g a copy of &he previom writtc:D notice fwuished to C~clOr. s. If a notice by a ClaimmI: required by Paragraph 4 is pWllidc:d by Owner to COQtractor or to Surety. lbat is sufficient CCllllPlianee. 6. When a Claimant bas satisfied !be coudiliOl16 of Paragraph 4, the Surety shall promptly and at Sl1{dy' 8 c:xpcnse fake the foUowing actiOll3: 6.1 Send an lID.IlWt'r to tba.I: CW'manl. with a copy to Q\'Nuor, within 45 days after receipt of Ihc:'c1aim, lllllling the amDUnl:l 1haI are IJIIdUpDted and !be basis fOr challenging any amoonts lha1: are disputed. . 6.2 Pay or BmIJIge fOf p~ent of any IlDdistJ'ulcd amounts. ' 7. Surety's total. obligation shan nO! eXceed the &mOWI! at this Bond, and the amamt of lhis Bond shall be credited 'for any' paymentnnade in SOOd faith by Surety. ' OWNER'S REPRESENTATIVE: Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN' 55110-5196 651.490.2000 8. Amounts Q\\red by Owner to Cantra.clO/' llI1dcr lhe COnlnet shaJI be used for the performance of the CoelIact and to satisfy claims. if any,' under auy performance bood. 'By Conll'l1ctOr furnishing and. Owoe:r accepting this Boud. mey agree tl)at aU funds eamed by Contrnctor in ,me performance of the ContraCt are dedicated to satisfy obligalioos of Contractot and Surety under this Boc.d. subject to Owoe'('s priorir:y [0 use the funds for the completion of the Work. 9. Sutety shall not be liable: to Owner, Claim8nts, 01' others for obli~atiOl1S of COl1lrllc:tor that are unrelated UllM,COnlnll:t. Owner shall Qot be lillble for paymeut of any costs or cxpcn.s=s of any ClailXUlllI under this BOOd, and sball have under this Bond no obligalinllS to make payments 10, give notices ou behalf of, or otherwise have obligaliollS to Claimants ll11lU:r thU BOIld. 1 O. S~ty hereby waives notice of any change, including dianges of lime. to the Contract or to related SubcontraCts. 'Purchase orders and other obligatious. .' 11. No solt or action sball b~ C""'''''''Deed by a Oailnllllt under lhis Bond other llum in a cowt of competent jlllisdiction in the locatiOll in which lI1e Work orpaxt ofche Work i310cated or after die expiration of one year from the date (1) on which the Claiman.t gave the notice nqui:red by Paragraph 4.1 at PamtJilph 4.2.3, or '(l) on wbich the ~t labor or savice was penormed by anyone IX' the last lIllUerials or equipment were fumishcd \'>y III1YOl1C under the; Coastxuctioo, Coatmct, wbicbcvcr of (l) or (2) first occurs. If the provisillllll oftIUs parAgraph are void or prohI'bitcd by law, lb.e mlniTlm~ period of limitatiOn availab~ to sureties as a d~euse iD the jurisdiction of the lliuit ~han be applicable". '. 12. Notice to Sllrety. Owner, or CmltnlClOT $baU be mailed 01' delivered tD the addrc:ll.!le8 shown OIl the sigDature page. A.cma1 .receipt. of notice by Surely, ,Owner, 01' CoDll'l1ctor, however a.cc:omplished, shaD be &Ufficicol, COmpliance sa of I:hc date recci ved at the addreas mown 011 lbc siplllle page. 13. When' this Bood has been fumiShcd to COD:lply with a Slll1ulory requhemen! illlhc locatioo where the Cantract Was to be' pcrfomr.d, any , provisiOQ in this Bond ctt1flictin~ with &Bid lltlltut<<)' reqnirement sball be deemed deleted hcrefrou1 and provisiOllS conforming to such statutory lCqlIiremcnt shall be deemed incorpoollCd herein. The intent is &at this ,e: shall be con~~ as a statutoIy BODd and not lIS II c:omUwo. law 14. Upon :request of any Pemon Dr' entity appearing to be a' poteuriai beneficiary of this Hood. Conrra.cUlr sha:ll JlIOml'dy fumishll copy r"f this Bond or $.baIl permit II copy [0 be made. ." ' 15. DotiniuQDB 15.1 CI.BiIIuInr.: ~ iOOividu.al or eut:iry havinZ a. di:rcet cOl1trilct with Contractor, or \\lith B nm-li.cr subcoolnCtor of Conr:raccor, to' furnish labOr, IWlt,e:ria1s, 0> c:quipmcut for use in the perfonnanee of !be ConII1lCt 'Ibe intellt of this B OI.1d sb.al1 be to ~lu.dc without Iimltllion in ll1c, terms "labor. matelUls or equipmcnr:" that part of water. gas, power, light, beal, oil. gasoliDe. telephone sc:mce, or tental eqllipm=l used in lbc Connact, archileCt\ll'al and engin~g Bc:nriCCS required fer performance of' the wQrk of Contractor BI1d Coo,\rllcux's $ubcol1tnctm. and all other ltcm!l for wbich a mechanic's lieu may be BBBCrtCd in the jurisdiQtioo where the lIlbor. malcrla1s, or equipment wt;1:e furnished.' . 15.2 Contract: The agreement between Owner and Contrac(Of ,identified 'OIl the sig1ialUte page, including' all ConI:ract Documents and cha'Dgcs therelO. 15.3 Owuer OcEaalt Failu.re of Owner. which has Deither been remedied 'IIor waived. to pay Coutral;lOt' as required by the Contract or'to pcrfom1 ;md complete or comply with the other tcnns thereof.' . SURETY AGENCY OR BROKER: Name; T.e. Field & Company Address: 530 North Robert Street St. Paul, MN 55101 Phone: 651-227-8405 EJCDC No. C-'lS (1.002 Editlon) rrepartd by !he Eng1Deers Joint Contract DoClUIleJlt!l CommlU(!e and endorsed by tbe Associated General Contnctors of Ammc:a and the CoDSt:ruttlon Speclflcarions Jns11tule. 00615-2 CORPORATE ACKNOWLEDGMENT STATE OF Minnesota COUNTY OF Anoka On the 29th day of July 2005 . before me personally appeared, Dave Grimsrud to me, who being duly sworn, did depose and say: that s/he resides in Minnesota that s/he is the \IF-Finance of the Frattalone Companies, 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) ANITA M. ELSNER NOTARY PUBLIC. MINNESOTA My Commission Expires Jan '1 ~O' - ~ I~]r: i=:Q ~~~7~~~ ~>>.fkNlJ Notary Public ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Ramsey On the 29th day of July 2005 before me personally appeared, Nicole M. Coty to me lmown, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of Western Surety 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 sai corporation. ! LJ' (SEAL) I ROBIN PER~ON KENNEDYfot Pu lic Notary Public-Minnesota My Commission Expires Jan 31. 2007 NOTICE In accordance with the Tenorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more ofthe Writing Companies identified below is the surety or insurer. . To principals on bonds and insureds on celiain insurance policies written by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Westem Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for ten-orist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERROlUSM LOSSES The United States will pay ninety percent (90%) of covered tenorism losses exceeding the applicable surety/insurer deductible. Form F7310 Western Surety Company POWER OF ATTORNEY APPOINTIl'~G Il'IDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Fans, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Litton E S Field Jr, F E Launstein, M A Jones, Nicole M Coty, Individually of Saint Paul, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirrned. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 10th day of May, 2005. WESTERN SURETY COMPANY -;::;UzM Paul . BrufIat, SeDlor VICe PresIdent State of South Dakota County of Minnehaha } ss On this 10th day of May, 2005, before me personally came Paul T. BrufIat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2006 +.............."..........""...........r......... + S ~KRElL S ~ ~ S~NOTARY PUBLIC~S ~ SOUTH DAKOTA ~ ~ ~ +~..~~....~~........~....................+ ~ ~P"bli' My commission expires CERTIFICATE 1,1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this 29th day of July 2005 . WESTERN SURETY COMPANY cr ~n-rJ 1. Nelson, Assistant Secretary Fonn F4280-O 1-02 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ...,....~-.... I A CORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 08/02105 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN-FG/HG ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COBB STRECKER DUNPHY & ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: ZURICH AMERICAN INSURANCE COMPA NY FRATTALONE COMPANIES INC INSURER B: ARCH SPECIALTY INSURANCE COMPANtv' 3205 SPRUCE ST INSURER c: AMERICAN ZURICH INSURANCE COMPA NY ST PAUL, MN 55117 INSURER D: INSURER E: Client#. 2669 FRA TCOMI COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~rf~: PD~~~Y :i~i68m\E Pg~-PJ {~J,~t'tW\N LTR TYPE OF INSURANCE POLICY NUMBER LIMITS A ~NERAL LIABILITY GL0353613904 04/01/05 04/01106 EACH OCCURRENCE $1 000 000 1L ~MMERCIAL GENERAL LIABILITY g~~b~~JO RENTED $100 000 I-- CLAIMS MADE ~ OCCUR INCLUDES: MED EXP (Anyone person) $10 000 X XCU OPERATIONS OF PERSONAL & ADV INJURY $1 000 000 X BROAD FORM PO SUBS-CONTINGENT GENERAL AGGREGATE $2 000 000 n'L AGG~ErilE LIMIT APrilS PER: CONTRACTUAL L1AB PRODUCTS - COMP/OP AGG $2.000 000 POLICY X ~~8T X LOC A ~TOMDBILE LIABILITY BAP353613804 04/01/05 04/01/06 COMBINED SINGLE LIMIT JL ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) ~ ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) qAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B ~ESS/UMBRELLA LIABILITY 52ULP2017202 04/01105 04/01/06 EACH OCCURRENCE $5 000.000 X OCCUR D CLAIMS MADE AGGREGATE $5 000.000 $ 8 DEDUCTIBLE $ X RETENTION $0 $ C WORKERS COMPENSATION AND WC353613704 04/01105 04/01/06 X I T"/,~J! ~~~~ I IOJ);l- EMPLOYERS' LIABILITY $1 000.000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under E.l. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS JOB #5120/CV;HUSET PARKWAY AREA IMPROVEMENTS SAP. NO 113-110-08, 113-107-12 CITY PROJECT 2004-04 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF COLUMBIA HEIGHTS DATE THEREOF, THE ISSUING INSURER WILL K~~RXR MAIL -3.Q.... DAYS WRITTEN 637 38TH AVE NE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.~J(KK-94~k COLUMBIA HEIGHTS, MN 55421-3806 JMP.(I)liJl:'UtXJJll)OJG}l'lllIl(J)(:JQRX~KNXJ(l'l'}~iJIIXXlWOXIO!}(X)(IXltUI~JOlJ~Jli~XX KlIlOOe6Xll{M1{KIJl;ltX ArcrZ()~NTATIVE ACORD 25 (2001/08) 1 of 3 #S193113/M178750 TMW @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 3 #S193113/M178750 ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT W/RESPECT TO GENERAL LIABILITY: CITY OF COLUMBIA HEIGHTS SHORT ELLIOT HENDRICKSON INC. SUBCONSULTANTS AS REQUIRED BY CONTRACT AMS 25.3 (2001/08) 3 of3 #S193113/M178750 rattaione , -- 'W!ClIl . Excavating . Grading . Utilities . Demolition ' Environmental 0 Custom Crushing EVIDENCE OF AUTHORITY TO SIGN Please be advised that the persons named below have authority to sign documents on behalf of FRATTALONE COl\llP ANIES, me. Nick Frattalone - Executive Vice President;"" T~asurer David Grimsrud - Vice President of Finance Dylan Larson - Vice President of Operations Susan Busse - Corporate Secretary >/ //_~_." /' // /" //~'l /~h-vl~" / /' /r'7/f4/,;{4.~>I~ / Tony Frattalone - President DOCUMENT 00410 "REVISED" BID FORM /) r--/_ L: J / II'? U1 Total Amount of Bid $ (71, J '-I' , I '--ru 6, f,:;:r- I . Contractors Name Frattalone Companies, Inc. Telephone 651-484-0448 PROJECT IDENTIFICATION: Huset Parkway Area Improvements Columbia Heights, Minnesota S.A.P. No. 113-110-08,113-107-12 City Project No. 2004-04 SEH No. A-COLHT0403.01 BIDS TO BE OPENED: 10:00 AM, WEDNESDA Y, JULY 20, 2005 TABLE OF ARTICLES Page Article 1 - Bid Recipient ............. ............... ....... ............ ........... ..... ........... .................... .......... .......... ...... ......... .......... I Article 2 - Bidder's Acknowledgements................ ....... ....... ......................... .............................. ............ ........ ........... 1 Article 3 - Bidder's Representations....... ............... ......... ......... ....... ...... ........... ............ ............ .......... ............ ........... 2 Article 4 - Further Representations .... ................ ........... ....... ................. ........... .............. ..... ....... ............ ................... 3 Article 5 - Basis of Bid........ ............... ............................ ...... ............. .......... .......... ................. ...................................3 Article 6 - Time of Completion...... ........................ ....... ....... ................. ....... ............................. ............................... 10 Article 7 - Attachments To This Bid ............................. ....... ................. ......... .... .................... ................................. 10 Article 8 - Defined Terms ........ ..... .......... ...................... ..... ............................ .......................... ........ .............. ......... 10 Article 9 - Bid Submittal.........................................................................................................................................11 ARTICLE 1- BID RECIPIENT 1.01 This Bid is submitted to: City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 1.02 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. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days COLHT0403.01 "Revised" Bid Form... 0041 0 - 1 after the day of Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 -BIDDER'S REPRESENTATIONS 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. 1 2 3 Addendum Date July 1, 2005 July 18, 2005 July 19, 2005 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. 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. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, 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 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 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 Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 1. 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. COLHT0403.01 "Revised" Bid Form.. .' 0041 0 - 2 J. 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. ARTICLE 4 - FURTHER REPRESENTATIONS 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. ARTICLE 5 - BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): COLHT0403.01 "Revised" Bid Form"- 0041 0 - 3 Item . No. UNIT PRICE SCHEDULE Unit Price Item Unit Est. Quantity Total Estimated Price BASE BID 2021.501 MOBILIZATION 2 2101.502 CLEARING 3 2101.507 GRUBBING 4 2103.501 REMOVE BUILDING AND SLAB 5 2104.501 REMOVE CONCRETE CURB & GUTTER 6 2104.501 REMOVE CHAIN LINK FENCE 7 2104.501 REMOVE STORM SEWER PIPE 8 2104.501 REMOVE SEWER PIPE (SANITARY) 9 2104.503 REMOVE CONCRETE SIDEWALK 10 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 11 2104.505 REMOVE BITUMINOUS PAVEMENT 12 2104.505 REMOVE BITUMINOUS PAVEMENT - BASKETBALL COURT 13 2104.505 REMOVE CONCRETE PAVEMENT 14 2104.505 REMOVE CONCRETE STEPS 15 2104.509 SALVAGE MAILBOX 16 2104.509 REMOVE GUARD POST 17 2104.509 REMOVE LIGHT BASE - BASKETBALL COURT 18 2104.509 REMOVE DRAINAGE STRUCTURE 19 2104.509 REMOVE MANHOLE (SANITARY) 20 2104.511 SAWING CONCRETE DRIVEWAY PAVEMENT (FULL DEPTH) 21 2104.511 SAWING CONCRETE WALK (FULL DEPTH) 22 2104.513 SAWING BITUMINOUS PAVEMENT 23 2104.513 SAWING BITUMINOUS DRIVEWAY PAVEMENT 24 2104.521 SALVAGE CHAIN LINK FENCE - BACKSTOP 25 2104.521 SALVAGE CHAIN LINK FENCE - BALLFIELD 26 2104.523 SALVAGE LIGHTING UNIT - BASKETBALL COURT 27 2104.523 SALVAGE CONTROL CABINET - BASKETBALL COURT 28 2104.523 SALVAGE SIGN TYPE C COLHT0403.01 LUMP SUM TREE TREE LUMP SUM LF LF LF LF SF SY SY SY SY SY EACH EACH EACH EACH EACH LF LF LF LF LF LF EACH EACH EACH $ 100,000.00 $ 100,000.00 82 $ 100.00 $ 8,200.00 82 $ 100.00 $ 8,200.00 $ 5,000.00 $ 5,000.00 6307 $ 1.45 $ 9,145.15 696 $ 2.75 $ 1,914.00 2633 $ 9.00 $ 23,697.00 271 $ 11.00 $ 2,981.00 3973 $ 0.15 $ 595.95 954 $ 1.00 $ 954.00 15350 $ 1.00 $ 15,350.00 1950 $ 1.00 $ 1,950.00 220 $ 2.00 $ 440.00 4 $ 100.00 $ 400.00 $ 30.00 $ 30.00 8 $ 25.00 $ 200.00 10 $ 200.00 $ 2,000.00 20 500.00 $ 10,000.00 $ 9 $ 580.00 $ 5,220.00 113 4.50 $ 508.50 $ 59 $ 4.50 $ 265.50 1308 $ 1.10 $ 1,438.80 320 $ 1.55 $ 496.00 250 $ 4.00 $ 1,000.00 210 $ 3.30 $ 693.00 10 410.00 $ 4,100.00 $ 11 $ 2.20 $ 24.20 17 16.50 $ 280.50 $ "Revised" Bid Form 00410-4 UNIT PRICE SCHEDULE Item No. Item Unit Est. Quantity 2 $ 1,000.00 $ Total Estimated Price 2,000.00 Unit Price 29 2104.523 SALVAGE HYDRANT & GATE VALVE 30 2104.603 ABANDON STROM SEWER 31 2105.501 COMMON EXCAVATION (EV) 32 2105.501 COMMON EXCAVATION - SPECIAL (EV) 33 2105.501 COMMON EXCAVATION - DRIVEWAYS (EV) 34 2105.501 POND EXCAVATION (EV)(P) 35 2105.507 SUBGRADE EXCAVTION (EV) 36 2105.507 SUBRADE EXCAVATION - SPECIAL (EV) 37 2105.522 SELECT GRANULAR BORROW (CV) 38 2105.525 TOPSOIL BORROW 39 2105.604 GEOTEXTILE FABRIC (ROADWAY) 40 2105.607 LIGHT-WEIGHT AGGREGATE (CV) 41 2111.501 TEST ROLLING 42 2123.61 STREET SWEEPING (WITH PICKUP BROOM) 43 2130.501 WATER FOR DUST CONTROL 44 2211.501 AGGREGATE BASE CLASS 5 (CV) 45 2211.501 AGGREGATE BASE CLASS 5 - DRIVEWAYS (CV) 46 47 2301.511 8" CONCRETE PAVEMENT (HIGH EARLY) 2301.511 8" CONCRETE PAVEMENT (HIGH EARLY) - SPECIAL COLOR TREATMENT 48 49 2331.603 SAWING BITUMINOUS JOINT 2350.501 TYPE MV4 WEARING COURSE MIXTURE (F) - WEAR COURSE 50 51 2350.501 2350.502 TYPE MV3 WEARING COURSE MIXTURE (B) - DRIVEWAYS TYPE MV4 NON-WEARING COURSE MIXTURE (F) - BINDER COURSE TYPE LV3 NON-WEARING COURSE MIXTURE (B) - BASE COURSE 52 2350.502 53 2350.505 TYPE LV3 BIT MIXTURE FOR PATCHING 54 2357.502 BITUMINOUS MATERIAL FOR TACK COAT 55 2411.618 CONCRETE STEPS 56 2144.618 STONE WALL 57 2411.618 MODULAR BLOCK RETAINING WALL COLHT0403.01 EACH LF CY CY CY CY 1045 $ 5.00 $ 5,225.00 3269 $ 7.25 $ 135,359.80 6802 $ 19.90 $ 1,700.00 170 $ 10.00 $ 23,700.25 33394 $ 2.90 $ 96,842.60 7.25 $ CY 1024 $ 19.90 $ 7,424.00 107,758.50 CY 5415 $ 5.70 $ 27,519.60 CY 4828 $ 11.00 $ CY 1058 $ 11,638.00 1.10 $ 11,121.00 SY 10110 $ 63.00 $ 975.00 CY 319 $ 25.00 $ 50,400.00 HOUR RD. STA. 39 $ 480 $ 105.00 $ M GAL. SY SY TON TON TON TON TON GAL 20,097.00 200 $ 22.00 $ 4,400.00 T $ 6.75 $ 86,514.75 12817 T 468 $ 10.00 $ 32,812.00 631 $ 52.00 $ 59,250.00 474 $ 125.00 $ 4,680.00 LF 5000 $ 1.50 $ 7,500.00 1694 $ 46.60 $ 78,940.40 202 $ 57.00 $ 11,514.00 1683 $ 46.64 $ 78,495.12 1694 $ 37.00 $ 62,678.00 7.5 $ 105.00 $ 787.50 1475 $ 1.60 $ 2,360.00 SF 36 $ 44.00 $ 1,584.00 SF 85 $ 33.00 $ 2,805.00 SF 400 $ 24.20 $ 9,680.00 "Revised" Bid Form 00410 - 5 UNIT PRICE SCHEDULE Item No. Item Unit 58 2451.609 GRANULAR REPLACEMENT BACKFILL TON 59 2501.515 18" RC PIPE APRON WI TRASH GUARD EACH 60 2501.515 24" RC PIPE APRON WI TRASH GUARD EACH 61 2501.515 36" RC PIPE APRON WI TRASH GUARD EACH 62 2501.515 54" RC PIPE APRON WI TRASH GUARD EACH 63 2501.601 TEMPORARY DRAINAGE CONTROL LUMP SUM 64 2502.541 4" PERFORATED PE PIPE DRAIN WISOCK LF 65 2503.511 8" PVC PIPE SEWER, SDR-26 (SANITARY) LF 66 2503.511 12" PVC PIPE SEWER, SDR-26 (SANITARY) LF 67 2503.511 15" PVC PIPE SEWER, SDR-26 (SANITARY) LF 68 2503.541 15" RC PIPE SEWER, DES 3006 CL-V LF 69 2503.541 18" RC PIPE SEWER, DES 3006 CL-V LF 70 2503.541 21" RC PIPE SEWER, DES 3006 CL-IV LF 71 2503.541 24" RC PIPE SEWER, DES 3006 CL-1I1 LF 72 2503.541 36" RC PIPE SEWER, DES 3006 CL-III LF 73 2503.541 48" RC PIPE SEWER, DES 3006 CL-III LF 74 2503.541 54" RC PIPE SEWER, DES 3006 CL-1I1 LF 75 2503.601 TEMPORARY SANITARY SEWER PUMPING LS 76 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 77 2503.608 DUCTILE IRON FITTINGS LB 78 2504.601 TEMPORARY WATER SERVICE LS 79 2504.602 OFFSET WATERMAIN (UNDER) EACH 80 2504.602 OFFSET WATERMAIN (OVER) EACH 81 2504.602 HYDRANT WITH GATE VALVE EACH 82 2504.602 CONNECT TO EXISTING WATERMAIN EACH 83 2504.602 1" CORPORATION STOP EACH 84 2504.602 1" CURB STOP & BOX EACH 85 2504.602 10" MJ ADAPTER EACH 86 2504.602 HOSE BIB EACH 87 2504.602 ADJUST GATE VALVE & BOX EACH COLHT0403.01 Est. Quantity 11210 $ 1663 $ 5.50 $ Total Estimated Price 61,655.00 Unit Price $ 1,100.00 $ 1,100.00 2 $ 1,400.00 $ 2,800.00 $ 2,100.00 $ 2,100.00 $ 3,300.00 $ 3,300.00 $ 15,000.00 $ 15,000.00 700 $ 6.00 $ 4,200.00 83 $ 24.55 $ 2,037.65 31 $ 30.00 $ 930.00 190 $ 35.25 $ 42,323.35 25.45 $ 6,697.50 4,676.85 171 $ 27.35 $ 736 $ 29.60 $ 21,785.60 912 $ 31.50 $ 28,728.00 431 $ 59.70 $ 25,730.70 229 $ 90.00 $ 20,610.00 70 $ 115.00 $ 5,000.00 $ 5,000.00 $ 8,050.00 22 $ 750.00 $ 16,500.00 1417 $ 4.00 $ 5,668.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 6,200.00 $ 6,200.00 $ 5,000.00 3 $ 3,100.00 $ 9,300.00 4 $ 1,500.00 $ 6,000.00 4 $ 300.00 $ 1,200.00 4 $ 300.00 $ 1,200.00 13 $ 800.00 $ 4,000.00 4 $ 1,000.00 $ 10,400.00 $ 300.00 $ 300.00 "Revised" Bid Form 00410 - 6 UNIT PRICE SCHEDULE Itef\l No. Item 88 2504.602 6" GATE VALVE & BOX 89 2504.602 8" GATE VALVE & BOX 90 2504.602 10" GATE VALVE & BOX 91 2504.603 PIPE BURST 12" HOPE WATERMAIN 92 2504.603 1" TYPE K COPPER PIPE 93 2504.603 6" WATERMAIN DIP CL 52 (OPEN CUT) 94 2504.603 8" WATERMAIN DIP CL 52 (OPEN CUT) 95 2504.603 10" WATERMAIN DIP CL 52 (OPEN CUT) 96 2506.501 CONSTRUCT DRAINAGE STRUCTURE, DESIGN B 97 2506.501 CONSTRUCT DRAINAGE STRUCTURE, DESIGN B-1 98 2506.501 CONSTRUCT DRAINAGE STRUCTURE, DESIGN C-1 99 2506.501 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 0-1 100 2506.501 CONSTRUCT DRAINAGE STRUCTURE, DESIGN E 101 2506.501 CONSTRUCT DRAINAGE STRUCTURE, DESIGN I 102 2506.501 CONSTRUCT DRAINAGE STRUCTURE, DESIGN X 103 2506.501 CONSTRUCT DRAINAGE STRUCTURE, DESIGN Y 104 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN SPECIAL 1 105 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN SPECIAL 2 106 2506.516 CASTING ASSEMBLY, NEENAH R-3246V 107 2506.516 CASTING ASSEMBLY, NEENAH R-1733B 108 2506.522 ADJUST FRAME AND RING CASTING (SANITARY SEWER) 109 2506.522 ADJUST FRAME AND RING CASTING (STORM SEWER) 110 2506.602 CONNECT TO EXISTING STORM SEWER MANHOLE 111 2506.602 CONNECT TO EXISTING STORM SEWER 112 2506.603 CONSTRUCT SANITARY MANHOLE 113 2511.507 GROUTED RIP RAP 114 2511.515 GEOTEXTILE FABRIC, TYPE IV (STORM) 115 2521.501 4" CONCRETE WALK 116 2521.501 4" CONCRETE WALK - SPECIAL COLOR AND STAMPED TREATMENT 1172521.5113"BITUMINOUSWALK COLHT0403.01 Unit EACH EACH EACH LF LF LF LF LF LF LF LF LF LF LF LF LF EACH EACH EACH EACH EACH EACH EACH EACH CY Est. Quantity 4 $ 1,300.00 $ Total Estimated Price 5,200.00 Unit Price 2 $ 1,550.00 $ 3,100.00 6 $ 1,880.00 $ 11,280.00 1369 $ 90.00 $ 123,210.00 291 $ 21.00 $ 6,111.00 88 $ 20.00 $ 1,760.00 44 $ 24.00 $ 1,056.00 316 $ 35.00 $ 11,060.00 69.12 $ 295.00 $ 20,390.40 61.05 $ 295.00 $ 18,009.75 11.62 $ 245.00 $ 2,846.90 23.61 $ 305.00 $ 7,201.05 29.90 $ 360.00 $ 10,764.00 11.40 $ 670.00 $ 30,380.15 68.27 $ 445.00 $ 16,289.30 39.73 $ 410.00 $ 2,100.00 $ 2,100.00 $ 7,638.00 $ 2,500.00 $ 2,500.00 40 $ 400.00 $ 16,000.00 17 $ 580.00 $ 9,860.00 4 $ 400.00 $ 1,600.00 4 $ 400.00 $ 1,600.00 11 $ 1,000.00 $ 11,000.00 3 $ 500.00 $ 1,500.00 LF 130 $ 175.00 $ 22,750.00 43 $ 75.00 $ 3,225.00 SY 84 $ 3.00 $ 252.00 SF 21310 $ 3.30 $ 70,323.00 SF 1623 $ 11.45 $ SF 22323 $ 1.30 $ 18,583.35 29,019.90 "Revised" Bid Form 00410 - 7 UNIT PRICE SCHEDULE Itel"(1 No. Item Unit Unit Price Est. Quantity Total Estimated Price 118 2564.603 CONCRETE CURB & GUTTER DESIGN B612 LF 119 2564.603 CONCRETE CURB & GUTTER DESIGN B618 LF 120 2564.603 CONCRETE CURB & GUTTER DESIGN 0212 LF 121 2564.603 6" CONCRETE DRIVEWAY PAVEMENT SY 122 2564.603 8" CONCRETE DRIVEWAY PAVEMENT SY 123 2564.603 PEDESTRIAN CURB RAMP EACH 124 2564.603 INSTALL MAILBOX EACH 125 2564.603 LIGHTED STONE GATEWAY MONUMENT EACH 126 2564.603 LIGHTED PARIWVAY SIGN EACH 127 2564.604 PARIWVAY BOLLARD EACH 128 2564.604 ELECTRIC LIGHTING SYSTEM - BALLFIELD LUMP SUM 129 2564.604 LIGHTING UNIT SPECIAL 1 EACH 130 2573.501 LIGHTING UNIT SPECIAL 2 EACH 131 2573.502 LIGHTING UNIT SPECIAL 3 EACH 132 2575.505 LIGHTING UNIT SPECIAL 4 EACH 133 2575.532 LIGHT BASE DESIGN E MODIFIED EACH 134 2575.532 LIGHT BASE DESIGN SPECIAL EACH 135 2575.532 2" NONMETALLIC CONDUIT LF 136 2575.532 3/4" NONMETALLIC CONDUIT LF 137 2575.532 UNDERGROUND WIRE, 1 CONDUCTOR NO 3/0 LF 138 2575.532 UNDERGROUND WIRE, 1 CONDUCTOR NO 1 LF 139 2575.532 UNDERGROUND WIRE, 1 CONDUCTOR NO 4 LF 140 2575.532 UNDERGROUND WIRE, 1 CONDUCTOR NO 8 LF 141 2575.532 UNDERGROUND WIRE, 1 CONDUCTOR NO 10 LF 142 2575.532 SERVICE CABINET TYPE 1 EACH 143 2575.532 SERVICE CABINET TYPE 2 EACH 144 2575.532 HANDHOLE EACH 145 2575.532 GROUND MOUNTED SERVICE CABINET FOUNDATION EACH 146 2575.532 PERMANENT BARRICADES 147 2575.532 INSTALL CHAIN LINK FENCE - BACKSTOP COLHT0403.01 1785 $ 8.40 $ 14,994.00 6860 $ 13.15 $ 90,209.00 305 $ 13.15 $ 4,010.75 164 $ 37.25 $ 6,109.00 235 $ 45.00 $ 10,575.00 27 $ 1,000.00 $ 27,000.00 $ 85.00 $ 85.00 $ 35,000.00 $ 35,000.00 2 $ 2,500.00 $ 5,000.00 4 $ 2,000.00 $ 8,000.00 $ 22,540.00 $ 22,540.00 28 $ 2,310.00 $ 64,680.00 15 $ 2,500.00 $ 37,500.00 4 $ 608.00 $ 2,432.00 7 $ 608.00 $ 4,256.00 43 $ 610.00 $ 26,230.00 11 $ 440.00 $ 4,840.00 5200 $ 0.80 $ 4,160.00 250 $ 0.50 $ 125.00 540 $ 2.85 $ 1,539.00 165 $ 3.75 $ 618.75 16800 $ 0.94 $ 15,792.00 6525 $ 0.60 $ 3,915.00 250 $ 0.33 $ 82.50 2 $ 3,750.00 $ 7,500.00 $ 2,530.00 $ 2,530.00 3 $ 225.00 $ 675.00 2 $ 575.00 $ 1,150.00 LF 216 $ 12.10 $ 2,613.60 LF 250 $ 18.70 $ 4,675.00 "Revised" Bid Form 00410 - 8 UNIT PRICE SCHEDULE Unit Price Itef!l No. Item 148 2564.603 INSTALL CHAIN LINK FENCE - BALLFIELD 149 2564.603 TRAFFIC CONTROL 150 2564.603 SIGN PANELS - TYPE C 151 2564.603 INSTALL SIGN TYPE C 152 2564.603 HAZARD MARKER X4-2 153 2564.603 SIGN PANELS TYPE SPECIAL 154 2564.603 PAVEMENT MESSAGE (HANDICAPPED SYMBOL)-EPOXY 155 2564.603 4" SOLID LINE WHITE - EPOXY 156 2564.603 8" DOTTED LINE WHITE - EPOXY 157 2564.604 12" SOLID LINE WHITE - EPOXY 158 2564.604 4" SOLID LINE YELLOW - EPOXY 159 2564.604 4" DOUBLE SOLID LINE YELLOW - EPOXY 160 2573.501 4" BROKEN LINE YELLOW - EPOXY 161 2573.502 INSTALL HANDHOLE 162 2575.505 4" NONMETALLIC CONDUIT 163 2575.532 CONIFEROUS TREE 6' HT. B&B 164 2575.532 CONIFEROUS TREE 8' HT. B&B 165 2575.532 DECIDUOUS TREE 2" CAL. B&B 166 2575.532 DECIDUOUS TREE 2.5" CAL. B&B 167 2575.532 DECIDUOUS TREE 3" CAL. B&B 168 2575.532 CONIFEROUS SHRUB NO.3 CO NT 169 2575.532 DECIDUOUS SHRUB - 18" 170 2575.532 DECIDUOUS SHRUB - 36" 171 2575.532 PERENNIAL - 12" 172 2575.532 ANNUAL 6-PACK 173 2575.532 EMERGENT PLUGS - POND PLANTING 174 2575.532 TREE PROTECTION FENCING 175 2575.532 AQUATIC PLANT FENCE 176 2575.532 SILT FENCE 177 2575.532 INLET PROTECTION COLHT0403.01 Unit LF LUMP SUM SF EACH EACH EACH EACH LF LF LF LF LF LF EACH LF TREE TREE TREE TREE TREE SHRUB SHRUB SHRUB PLANT EACH EACH LF LF LF LUMP SUM Est. Quantity Total Estimated Price 50 $ 16.00 $ 800.00 $ 7,150.00 $ 7,150.00 409 $ 24.75 $ 10,122.75 3 $ 105.00 $ 315.00 4 $ 50.00 $ 200.00 2 $ 140.00 $ 280.00 $ 140.00 $ 140.00 360 $ 3.15 $ 1,134.00 20 $ 4.40 $ 88.00 585 $ 6.60 $ 3,861.00 2125 $ 0.34 $ 722.50 745 $ 0.68 $ 506.60 355 $ 0.34 $ 120.70 2 $ 225.00 $ 450.00 780 $ 1.50 $ 1,170.00 4 $ 302.00 $ 1,208.00 4 $ 412.00 $ 1,648.00 17 $ 380.00 $ 6,460.00 76 $ 412.00 $ 31,312.00 9 $ 495.00 $ 4,455.00 76 $ 44.00 $ 3,344.00 70 $ 27.50 $ 1,925.00 29 $ 38.50 $ 1,116.50 1130 $ 11.00 $ 12,430.00 1146 $ 11.00 $ 12,606.00 3855 $ 3.90 $ 15,034.50 1125 $ 2.10 $ 2,362.50 1628 $ 3.35 $ 5,453.80 1930 $ 1.56 $ 3,010.80 $ 2,000.00 $ 2,000.00 "Revised" Bid Form 00410 - 9 UNIT PRICE SCHEDULE Item Est. No. Item Unit Quantity Unit Price Total Estimated Price 178 2564.603 METHOD 3 RAPID STABILIZATION MGALS 24 $ 550.00 $ 13,200.00 179 2564.603 SEEDING ACRE 10 $ 220.00 $ 2,200.00 180 2564.603 SODDING, TYPE LAWN SY 10681 $ 2.85 $ 30,440.85 181 2564.603 HYDRO-MULCH, TYPE 6 TON 5 $ 1,300.00 $ 6,500.00 182 2564.603 MULCH, TYPE 7A TON 4 $ 370.00 $ 1,480.00 183 2564.603 EROSION CONTROL BLANKET - CATEGORY 2 SY 3400 $ 1.27 $ 4,318.00 184 2564.603 COMMERICAL FERTILZER; ANALYSIS 10-0-10 LB 450 $ 1.10 $ 495.00 185 2564.603 SHREDDED HARDWOOD MULCH CY 68 $ 31.00 $ 2,108.00 186 2564.603 SELECT TOPSOIL BORROW (CV) CY 270 $ 11.00 $ 2,970.00 187 2564.604 SEED MIXTURE, TYPE 260 LB 800 $ 3.15 $ 2,520.00 188 2564.604 SEED MIXTURE, TYPE 310 LB 22.5 $ 27.50 $ 618.75 189 2564.604 SEED MIXTURE, TYPE 330 LB 75 $ 9.90 $ 742.50 TOTAL BASE BID $ 2,553,803.92 ADD ALTERNATE 1 190 2545.513 LUMINOUS RING FOR LIGHTING UNIT TYPE SPECIAL 2 EACH 15 $ 600.00 $ 9,000.00 ADD/DEDUCT ALTERNATE 2 191 2503.511 SUBSTITUTE 48" CP PIPE FOR 48" RC PIPE SEW, CL III, DES 3006 $ 70.00 $ 12,600.00 LF 180 BASE BID $ 2,553,803.92 BASE BID + ALT 1 $ 2,562,803.92 BASE BID + AL T 2 $ 2,566,403.92 COLHT0403.01 "Revised" Bid Form 00410 -10 Unit Prices have been computed in accordance with Paragraph l1.03.B 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 Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 - TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and completed and ready for final payment in accordance with Paragraph 14.07.B 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 Contract Times. ARTICLE 7 -ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of Bid Bond or Cashiers Check; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. List of Project References; E. Affidavit of Non-collusion. ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Bid with initial capita11etters have the meanings indicated in the mstructions to Bidders, the General Conditions, and the Supplementary Conditions. COLHT0403.01 "Revised" Bid Form . - .- 0041 0 - 11 ARTICLE 9 - BID SUBMITTAL 9.01 This Bid submitted by: If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: A Partnership Partnership Name: (SEAL) By: (Signature of general partner - attach evidence of authority to sign) Name (typed or printed): A Joint Venture Name of Joint Venturer: First Joint Venturer Name: (SEAL) By: (Signature of first joint venture partner - attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature - attach evidence of authority to sign) Name (typed or printed): Title: (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.) COLHT0403.01 "Revised" Bid Form... 0041 0 - 1 2 A Corporation Corporation Name: Frattalone Companies, Inc. (SEAL) State of Incorporation: Minnesota Type (Gen General Business By: (Signature - attach evidence of authority to sign) Name (typed or printed): Dave Grimsrud Title: Vice President - Finance ~ /1 ~~ Attest: ~ ~ <L- Susan Busse (Signature of Corporate Secretary) (CORPORATE SEAL) Date of Qualification to do business in Minnesota is ~ -.!:.l.1 197.8 (State V\lhere Project is Located) 9.02 Contact Information Bidder's Business address: 3205 Spruce Street St Paul MN 55117 Phone: 651-484-0448 Facsimile: 651-484-7839 Submitted on July 20 ,20~. State Contractor License No. NA . (If applicable) COLHT0403.01 "Revised" Bid Form ... 0041 0 - 1 3 DOCUMENT 00432 LIST OF PROPOSED SUBCONTRACTORS Company AAA Striping Service Co. Name of Contact Dean Erickson Telephone No. 763-428-4322 Address 5392 Quam Ave, Rogers MN 55374 Type of Construction Striping Company United Rentals Name of Contact Dan Anderson Telephone No. 612-521-4200 Address 4700 Lyndale Ave N., Minneapolis MN 55430 Type of Construction Traffic Control Company Keller Fence Co Name of Contact Michael Keller Telephone No. 651-646-8305 Address 2281 Hampden Ave., St Paul MN 55114 Type of Construction Fencing Company Sunram Construction Name of Contact Lee Sunram Telephone No. 763-420-2140 Address 20010 75th Ave N., Corcoran MN 55340 _ Type of Construction Block Wall Company DMJ Asphalt Name of Contact Guy Gessell Telephone No. 763-478-6878 Address 2392 Pioneer Trail, Hamel MN 55340 Type of Construction Paving Company Signature Lighting Inc. Telephone No. 763-753-8157 Name of Contact John Olson Address 18430 Krypton St NW, Anoka MN Type of Construction Electrical 55303 COLHT0403.01 List of Proposed Subcontractors -" 00432 - 1 DOCUMENT 00434 LIST OF PROPOSED SUPPLIERS Company Hanson Concrete Telephone No. Name of Contact Address Tom Harris MateriaVEquipment to be Supplied Concrete Pipe Company National Waterworks Telephone No. Name of Contact Address MateriaVEquipment to be Supplied Ductile Iron Pipe Wade Scherer Company Telephone No. Name of Contact Address MateriaVEquipment to be Supplied Company Name of Contact Address MateriaVEquipment to be Supplied Telephone No. Company Name of Contact Address MateriaVEquipment to be Supplied Telephone No. Company Name of Contact Address MateriaVEquipment to be Supplied Telephone No. COLHT0403.01 List of Proposed Suppliers .,. 00434 - 1 DOCUMENT 00456 PROJECT REFERENCES Please see Attachment "Project References" Below is a listing of the 5 most recent projects of a similar nature to this project which we have completed. 1 Contracting Agency JI.. Description of Work Agency Representative Title 2. Contracting Agency Description of Work Agency Representative Title 3. Contracting Agency Description of Work Agency Representative Title 4. Contracting Agency Description of Work Agency Representative Title Phone Date of Contract Phone Date of Contract Phone Date of Contract Phone Date of Contract 5. Contracting Agency Description of Wark Agency Representative Title Phone Name of Bi~rattalone comEan;es,. By ts:il2 ~ -=:> Date of Contract Inc. COLHT0403.01 Project References ..- 00456 - 1 rattalone I E B _.......,""'"_~__..__~ -~i'lM:I a......._'" . ___.>-_..._..'"X:"""".'" ..'."""""'.."."......,.~.,;,.i!~.~ ..."".~." --~~-"""'~=""""""'" . Excavating. Grading. Utilities. Demolition . Environmental . Custom Crushing Project References Job Name/Location Owner Description of Work Contract Date Elm Street City of Lino Lakes Reconstruction 600 Town Center Parkway Road Work, Utilities 2003 Lino Lakes MN Lino Lakes MN 55014 City of Wyoming Elfering & Associates Co Rd 84 Cul-De- 17562 Dunkirk St Sacs Ham Lake MN 55304 Road Work 2004 Wyoming MN Lee Elfering 763-434-5720 763-205-2641 Fax City of Vadnais Heights Co Rd E 800 East County Rd E Vadnais Heights MN Vadnais Heights MN 55127 Road Work, Utilities 2003 651-204-6050 651-204-6150 Fax St John's Drive Short Elliott Hendrickson Inc. Street & Utility 3535 Vadnais Center Drive Road Work, Utilities 2003 Improvements StPaul MN 55110 Woodbury MN City of Little Canada 2004 Street & Utility 515 Little Canada Rd Little Canada MN 55117 Improvements Joel Hanson Road Work, Utilities 2004 Little Canada MN 651-766-4029 651-766-4048 Fax 3205 Spruce Street St. Paul, MN 55117 . Phone 651.484.0448 . Fax 651.484.7839 Toll Free 1.877.481.0448 DOCUMENT 00460 AFFIDA VIT OF NON-COLLUSION STATE OF Minnesota COUNTY OF Anoka I Hereby swear (or affIrm) under the penalty of perjury: 1) That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership) or an officer or employee of the bidder corporation having authority to sign on its behalf (if the bidder is a corporation); 2) That the attached bid or bids have been arrived at by the bidder individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; 3) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and . 4) That I have. fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me this ~ C) ~I C)1 ~o day of . il(.,y (! . CJkhu -JJ; 20 tJ :;- ,- Bidder's Signature Dave Grimsrud ~~l-f~~-V Vice President - Finance Title Notary ANITA M. ELSNER NOTARY PUBLIC - MINNESOTA Mf. ~~ion Expires Jan. 31, 201(" Frattalone Companies, Inc. Company COLHT0403.01 Affidavit of Non-Collusion .'. 00460 - 1 rattalone DMPANIES ......... -- _._...._!ft_ot:1!' ......."..-..........~~......... ~-~~ 1il'!Z::'.,-"",_~",=....... ~"I~ -d>.C~~~';;,:;:p.:;"~ . Excavating . Grading , Utilities . Demolition . Environmental . Custom Crushing EVIDENCE OF AUTHORITY TO SIGN Please be advised that the persons named below have authority to sign documents on behalf of FRATTALONE COMPANIES, INe. Nick Frattalone - Executive Vice President, Treasurer David Grimsrud - Vice President of Finance Dylan Larson - Vice President of Operations Susan Busse - Corporate Secretary / / ,./ --....~-.;:-~-_._"-'''... . ,/ ,/,// /" /....1(,. " ./. _,Jr"'''' /' /' ~-?- .:: ~.,..../ /;" / /"" / '-, ;~~:.,; .' /.,'1'1.-1",/ /' j /;//v;j/ 'f..,tr1/ ?&i / Tony Frattalone - President 3205 Spruce Street . St. Paul, MN 55117 0 Phone 651 .484.0448 . Fax 651 .484.7839 _... ..... .1:'..______-'._1___ _ _ ___ rr~6 ~. CI-{ANGE ORDER NO. 1 Project: Iluset Parkway City Prnierf~ ()4(14 Owner: City of Columbia Heights Date of Issuance: August 22, 2006 637 38`'' Avenue N,E. Columbia Heights, MN SS421 Contractor: hrattalone Companies Engineer: City Engineer 3205 Spruce Street St Paul, MN 55117 You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: Staff requested additions, field changes or existing conditions modifications to the contract documents as detailed on the attached sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 2,562,803.92 Final Completion July 15, 2006 Previous Change Orders No. V to No. Net Change from Previous Change Order: $ None None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 2,562,803.92 Final Completion July I5`h, 2006 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 249,720.03 122 Calendar Days Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 2,812,523.95 Final Completion October 31, 2006 Recomm d Approved ~ gy. By. C' Engin (Contract r) ~` 1 A rove ~ ~ pP y~ / ~~ ,_~ // ,.~ _ -~ ._ .. r ..` ~~ ~' _ - -_ ~- Gary Peterson, Mayor Approved By: Date of /Council Action Walter Fehst, City Manager CORPORATE ACKNOWLEDGMENT STATE OF ~t.nne~ota COUNTY OF AnokG On the 29th day of July 2005 .before me personally appeared , have Gr~m~rua to me, who being duly sworn, did depose and say: that s/he resides in Nfinnesota that s/he is the vp-finance of the Frattalone Companies, lnc. 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) ~ L ANITA M. ELSNER Notary Public _ NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 201^ ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Ramsey On the 29th day of July 2005 before me personally appeared, Nicole M. Coty 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 Western Surety 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 skid corporation, SEAL ~.~,, ( ) ~sL ROB(N PERSON KENNEd'f ~~ ~--~: 3~w=`,-~~- Natary Public-Minnesota * ;~;;• My Commission Fires Jan 31, 2d0'T NOTICE In accordance with the Tel-ror~sm Risk h~surance Aci of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which. one or mare of the `v~riting Companies identif ed below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Westenl Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental hlsurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM TOSSES The United States will pay ninety percent (90%} of covered ten-orism losses exceeding the applicable surety/insurer deductible. r~~, r-~31o PUBLIC WORKS • CENTRAL GARAGE I T`~ ~ F ~ L ~J I A EIGHTS • SEWERlWATER • ENGINEE121NG - -- • S`rREETS 637 38TH AVENUE N. E., COLUMBIA HEIGHTS, MN 55421-3806 (763} 706-3700 FAX 706-3701 • PARKS August 10, 2005 Frattalone Companies Inc. Attn: Anita Elsner 3025 Spruce Street Little Canada, MN 55117 Subject: Huset Parkway Area Improvements City Project No. 0404 Dear Ms. Elsner: Enclosed please find a fully executed copy of the contract for the Huset Parkway Area Improvements. We are returning your Bid Bond submitted with your bid. A Notice to Proceed is also attached. We look forward to working with you on this exciting project for the City. Sincerely, CITY ~ F COL IA HEIGH'T'S ,~*,~ V~ v Hansen, P.E. Public Works DirectorlCity Engineer KH:jb Attachment: Signed Contract Notice to Proceed Bid Band T,,.- 1-~-... ,, .- r,~,. ~~.~n~n uc~(-~,~-c r}ncc. ~inr I"ii C/'RIMIM1IfiTF CAN THE 9ASIS OF DISABILITY IN EMPLOYMENT OR THE PROV15lON OF SERVICES CITY OI• CGI~Uii%II3IA HE IGIITS, MIl`dl`dESOTA NOTICE TO PROCEED DATE: August 9. 2005 TO: Frattalone Companies ADDRESS: 3025 Spruce Street Little Canada MN 55117 Contract: 2005 Huset Parkway Area Improvements Project: Huset Parkway Improvements O~VVNER'S CONTRACT NO. City Project No. 0404 You are notified that the Contract Times under the above contract will commence to run on August 9, 2005. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Intermediate Completion is December 15, 2005, Substantial Completion on or before July 1, 2006 and the date of readiness for final payment is July 15, 2006. Before you m ay start any Work at the Site, paragraph 2.OS.C of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: 1. _All submittals shall be approved bathe Engineer before the work is started. 2. _No work shall be allowed without the Contractor notif Tin the Engineer (or in his absence, the Owner) a minimum of 24 hour~rior. 3. Contractor is responsible to f eld-verify all existin underground utilities. CITY O]E ~OLUM~IA HEIGHTS EJCDC l~TO. 1910-23 (1986 Edition} Prepared by the Engineers 3oint Contract Documents Committee and endorsed by the Associated General Contracts of America and the Construction Specifications Institute. 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 FORM OF AGREEMENT BETV`ijEEN OV~TNER AND ENC~-INEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by n ~ ~ ~ Nationa- Society of Ar-aerican Society t~. Professional Engineers Ai1ERICAN COVIvCIL OF Et:G14EER1vG CO~tCA:tICS Of Civii Engineers Professional Engineers in Prfnafe Practice PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AIvIERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CNIL ENGINEERS This Agreement has been prepared far use with the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner-Engineer Agreement, No. E-OOI, 2002 Edition. Copyright ©2004 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684x2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 ww~v.acec.or~ American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 w~vw.asce.or~ TABLE OF CONTENTS Page ARTICLE 1 -SERVICES OF ENGINEER .....................................................................................................4 i.0i Scope .............................................................................................................................................4 -- ARTICLE 2 - OWNER'S RESPONSIBILITIES ............................................................................................4 2.01 General ..........................................................................................................................................4 ARTICLE 3 -SCHEDULE FOR RENDERING SERVICES ........................................................................ 4 3.01 Commencement ............................................................................................................................ 4 3.02 Time for Completion ....................................................................................................................4 ARTICLE 4 -INVOICES AND PAYIVIENTS ................................................................................................ S 4.01 Invoices ......................................................................................................................................... S 4.02 Payments ....................................................................................................................................... S ARTICLE S -OPINIONS OF COST ............................................................................................................... 6 S.O1 Opinions of Probable Construction Cost ......................................................................................6 S.OZ Designing to Construction Cost Limit .........................................................................................6 5.03 Opinions of Total Project Costs ................................................................................................... 6 ARTICLE 6 -GENERAL CONSIDERATIONS ............................................................................................6 6.01 Standards of Performance ......................................................... .................................................... 6 6.02 Design without Construction Phase Services .......................... ....................................................7 6.03 Use of Documents ..................................................................... .................................................... 7 6.04 Insurance ................................................................................... .................................................... 8 6.OS Suspension and Termination .................................................... .................................................... 9 6.06 Controlling Law ........................................................................ ..................................................10 6.07 Successors, Assigns, and Beneficiaries .................................... ..................................................11 6.0$ Dispute Resolution .................................................................... ..................................................11 6.09 Environmental Condition of Site .............................................. .................................................. l l 6.10 Indemnification and Mutual Waiver ........................................ ..................................................12 6.11 Miscellaneous Provisions ......................................................... ..................................................13 ARTICLE 7 -DEFINITIONS .........................................................................................................................14 7.01 Defined Terms .........................................................................:..................................................14 ARTICLE 8 - EXEIIBITS AND SPECIAL PROVISIONS ...........................................................................15 8.01 Exhibits Included ........................................................................................................................1 S 8.02 Total Agreement .........................................................................................................................16 8.03 Designated Representatives ........................................................................................................16 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOP.. PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of December 15, 2004 ("Effective Date")between City of Columbia Heights ("Owner") and Short Elliott Hendrickson (S E H) ("Engineer"}. Owner intends to prepare Final Plans and Specifications for Public Improvements including Utilities, Roadway, Ponding, Streetscaping, and Restoration for "Huset Parkway" ("Project"). Owner and Engineer agree as follows: .ARTICLE 1 -SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. Exhibit A shall be SEH proposal dated November 30`h 2064 (attached}. ARTICLE 2 - OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. _ ARTICLE 3 - SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer shall begin rendering services as of the Effective Date of the Agreement. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time far rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. lf, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner autl"ioi izes cliatiges in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required iri this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting from such failure. ARTICLE 4 -INVOICES AND PAYMENTS 4.01 Invoices A. Preparation. and Submittal of Invoices. Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal. Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less} from said thirtieth day; and 2. Engineer may, after giving seven days written aiotice to Owner, suspend services under this Agreement until Owner has paid in full aII amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices. If Owner contests an invoice, Owner may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions. If after the Effective Date of the Agreement any governmental entity takes a Legislative action that impases taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall pay such invoiced new taxes, fees, and charges; such payment shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE _5 - OPINIONS OF COST S.Ol Optntons of Probable CGrtSiY'LZCiZGrZ COSt A. Engineer's opinions of probable Canstniction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since Engineer has no control over the cast of labor, materials, equipment, or services furnished by others, or aver contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner wishes greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner a11d Engineer, such Construction Cost limit and a statement of Engineer's lights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility far the accuracy of any opinions of Total Project Costs. ARTICLE 6 - GENERAL CONSIDERATIONS 6.01 Standards of Performance A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. B. Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in Owner-furnished information. C. Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or fitriishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Subject to the standard of care set forth in Paragraph 6.O1.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily ar customarily fi.2ralished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with applicable Laws and Regulations and Owner- mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, and compensation. F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. The General Conditions for any constriction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Connnittee (No. C-700, 2002 Edition} unless both parties mutually agree to use other General Conditions by specific reference in Exhibit J. H. Engineer shall not at any time supervise, direct, or have control over Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, tecluziques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor's work in progress, nor for any faihrre of Contractor to comply with Laws and Regulations applicable to Contractor's fuunishing and performing the Work. I. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, ar of any of their agents or employees or of any other persons (except Engineer's own employees and its Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer. 6.02 Design Without Construction Phase Services A. If Engineer's Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other Construction Phase services, then (1}Engineer's services under this Agreement shall be deemed complete no later than the end of the Bidding or Negotiating Phase; (2) Engineer shall have no design or shop drawing review obligations during construction; (3} Owner assumes all responsibility far the application and interpretation of the Contract Documents, contract administration, construction observation and review, and all other necessary Construction Phase engineering and professional services; and (4) Owner waives any claims against the Engineer that maybe connected in any vray thereto. 6.03 Use of Documents A. All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer} whether or not the Project is completed. Owner shall not rely in any way on any Document unless it is in printed farm, signed or sealed by the Engineer or one of its Consultants. B. A party may rely that data or information. set. forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are fiu-nished by one party to the other are furnished only far convenience, not reliance by 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. C. Because data siored 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 transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronc media format, the transferring panty makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a license to use the Documents on the Project, extensions of the Project, and other projects of Owner, subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project or on any other project without written verification or adaptation by Engineer; (2} any such use or reuse, or any modification of the Documents, without written verification, completion, ar adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to Engineer's Consultants; (3} Otafner shall indemnify and hold harmless Engineer and Engineer's Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification without written verification, completion, or adaptation by Engineer; (4} such limited license to Owner shall not create any rights in third parties. F. If Engineer at Owner's request verifies or adapts the Documents for extensions of the Project or for any other project, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured an any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner shall cause Engineer and Engineer's Consultants to be listed as additional insureds on any general liability or property insurance policies carried by Owner which are applicable to the Project. C. Owner shall require Contractor to purchase and maintain general liability and other insurance in accordance with the requirements of Paragraph 5.04 of the "Standard General Conditions of the Construction Contract," (No. C-700, 2002 Edition} as prepared by the Engineers joint Contract Documents Committee and to cause Engineer and Engineer's Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and Engineer's Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds or additional instueds thereunder. F. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are snore protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension. By Ow~~er: Owner may suspend the Project upon seven days written notice to Engineer. By Engineer: If Engineer's services are substantially delayed through no fault of Engineer, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement. B. Termination. The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. b. By Engineer: 1} open seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2} upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have na Liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.OS.B.l.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but i11 no case more than, 60 days a$er the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination. The terminating party under Paragraph 6.OS.B may set the effective date of termination at a time up to 30 days Later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination. 1. In the event of any tern~ination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or famished and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.OS.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and a$er the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is Located. 6.07 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the partners, successors, executors, administrators a_nd legal representatives of Ov~ner and Engineer (and to the extent permitted by Paragraph 6.07.B the assigns of Owner and Engineer} are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns} of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due} in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. 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 this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be constnled to create, impose, or give rise to alzy duty owed by Owner or Engineer to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.C shall appear in the Contract Documents. 6.08 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of ~0 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petraleum, I-Iazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters an undisclosed Constituent of Concern, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable La-~%s or Regulations. I}. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2} terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in comiection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, partners, agents, consultants, and employees from and against any and 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, arbitration, or other dispute resolution costs) arising out of or relating to the Project, 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}, inchding the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by Owner and Engineer in Exhibit I, "Allocation of Risks," if any. B. Indemnification by Owner. To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer, Engineer's officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and ether professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, 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 Owner or Owner's officers, directors, partners, agents, consultants, or employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. C. Environmental Inclernnification. In addition to the indemnity provided under Paragraph. 6.10.B of this Agreement, and to the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, partners, agents, employees, and Consultants from and against any and 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, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (i} 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, and (ii) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willfiil nusconduct. D. Percentage Share of Negligence. To the fitllest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver. To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, agents, insttrers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 6.I 1 Miscellaneous Provisions A. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, who agree that the Agreement 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. D. Waiver. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims. To the fullest extent permitted bylaw, all causes of action arising under this Agreement shall he deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 - DF FINITIONS 7.~ 1 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) teens (including the stngtiiar aiid pltirai fotiTiS) pitilted wltli ttlltla'I Gapltal letIerS have tale meaning5 rndlCated In the text above or in the exhibits; in the following provisions; or in the "Standard General Conditions of the Construction Contract," prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition): 1. Additional Services -The services to be performed for or furnished to Owner by Engineer in accordance v~ith Exhibit A, Part 2, of this Agreement. 2. Basic Services -The services to be performed for or fiinlished to Owner by Engineer in accordance with Exhibit A, Part 1, of this Agreement. 3. Construction Cost -The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consu1ta11ts, cost of land or rights-of--way, or compensation for damages to properties, or Owner's costs for legal, accotmting, insurance cotmseling or auditing services, or interest and financing charges inctu-red in connection with the Project, or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Constriction Cost is one of the items comprising Total Project Costs. 4. Constituent of Concern -Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to [a] the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); [b] the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; [c] the Resource Conservation and Recovery Act, 42 U.S.C. ~§6901 et seq. ("RCRA"); [d] the Toxic Substances Control Act, IS U.S.C. §§2601 et seq.; [e] the Clean Water Act, 33 U.S.C. §§1251 et seq.; [f] the Clean Air Act, 42 U.S.C. §x`7401 et seq.; and [g] any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 5. Consultants -Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates, consultants, subcontractors, or vendors. 6. Documents -Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 7. 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 are not Drawings as so defined. $. Laws anal Reg-ulcatia~zs; haws or Reb lations -Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 9. Reimbursable Expenses -The expenses incurred directly by Engineer in connection with the performing or fiirnishing of Basic and Additional Services for the Project. 10. Resident Project Representative -The authorized representative of Engineer, if any, assigned to assist Engineer at the Site during the Construction Phase. The Resident Project Representative will be Engineer's agent or employee and under Engineer's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 11. Specijzccztions -That part of the Contract Documents consisting of written techlucal descriptions of materials, equipment, systems, standards, and worlonanship as applied to the Work and certain administrative details applicable thereto. 12. Total Project Costs - The sum of the Constriction Cost, allowances far contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner fiinushes for inclusion, including but not limited to cost of land, rights-of- way, compensation for damages to properties, Owner's costs far legal, accounting, insi,~rance cotmseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS $.O1 Exhibits Included A. Exhibit A, "Engineer's Services," consisting of images. B. Exhibit B, "Otivner's P,esponsibilities," consisting of N1A pages. C. Exhibit C, "Payments to Engineer for Services and Reimbursable Expenses," consisting of images. D. Exhibit D, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative," consisting of pages. E. Exhibit E, "Notice of Acceptability of Work," consisting of pages. F. Exhibit F, "Construction Cost Lim%t," consisting of pages. G. Exhibit G, "Insurance," consisting of pages. H. Exhibit H, "Dispute Resoh~tion," consisting of pages. I. Exhibit 1, "Allocation of Risks," consisting of pages. J. Exhibit J, "Special Provisions," consisting of pages. K. Exhibit K, "Amendment to Owner-Engineer Agreement," consisting of pages, 8.02 Total Agreement A. This Agreement (consisting of pages 1 to 15 inclusive, together with the exhibits identified above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Ov~mer's representatives with respect to the services to be performed or filrnished by Engineer and responsibilities of Owner tinder this Agreement. Such individuals shall have authority to transmit instnictions, receive information, and render decisions relative to the Project on behalf of each respective party. IN WITNESS WHEREOF, the parties hereto hale executed this Agreement, the Effective Date of which is indicated on page 1. O~~ rraer: Engineer: City of Columbia Heights SEH By: Walt Fehst By: Title: City Manager Date /, Signed: %j.~~~ ~'~'~~'z~~'~ ~~ Address for giving notices: Designated Representative (see Paragraph 8.03.A): Kevin Hansen Title: Director of Public Works/City Engr. Phone Number: 763/706-3705 Facsimile Number: 763/706-3701 Sue Mason Title: Principal Date </ ~/t1 S~ Signed: /// ~ `~ Engineer ice e or Certificate No. /`~~~~I ~- State of: ~ /~% Address for giving natices: Designated Representative (see Paragraph 8.03.A): Sue Mason Title: Senior Project Manager Phone Number: 651/490-2018 Facsimile Number: 651/490-2150 E-Mail Address: Kevin.Hansen@ci.colum E-Mail Address: Smason@sehinc.com bia-heights.mn.us