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2004-08-02 Agmt Dennis Fehn Gravel DOCUMENT 00520 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 2ND day of AUGUST in the year 2004 by and between CITY OF ALBERTVILLE, MN, hereinafter called OWNER, and DENNIS FERN GRAVEL & EXCAVATING, INC hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2004 Prairie Run Albertville, MN A-ALBEV 0409 ARTICLE 2. ENGINEER The Project has been designed by SER, who is hereinafter called ENGINEER and who is to act as OWNER's representative, who will assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work, in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be completed as follows: A. All grading and underground pipe work by November 15, 2004. B. Lift station operational by December 1,2004. C. Subgrade preparation, aggregate base, concrete curb and gutter, and bituminous base course in Outlot A, Prairie Court, the road connection to CSAH 19 and Settlers Path 100 feet east of the intersection with Prairie Court completed by November 15,2004. D. All other work will be Substantially Complete as weather permits and no later than June 30, 2005. E. Completed and ready for Final payment in accordance with paragraph 14.07 of the General Conditions on or before September 1, 2005. 3.2 Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in above paragraph, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They 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 One Thousand Two 2004 Prairie Run A-ALBEV 0409 Standard Form of Agreement 00520 - 1 Hundred Fifty Dollars ($1,250.00) for each day that expires after the time specified in the above paragraph for Substantial Completion until the Work is substantially complete. Mter Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds at the unit prices as shown on the attached Contractor's bid, multiplied by the final quantities determined in accordance with Paragraph 9.10 of the General Conditions. ARTICLE S. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in the General Conditions. 5.1 Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment, as recommended by ENGINEER, on or about the 3rd Friday of each month during construction, as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 The Contractor certifies all partial payments received from the Owner for work done under this contract will be applied to discharge in full all obligations the Contractor incurred in connection with the work covered by said progress payments. The Contractor agrees to pay all subcontractors within 10 days of receipt of payment from the municipality for undisputed services provided by the subcontractor. The Contractor agrees to pay interest as described under Minnesota state statute. 5.3 Subject to 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 ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.07 of the General Conditions. 95 percent of the Work completed. 5.4 Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER, as provided in said paragraph 14.07. ARTICLE 6. INTEREST All monies not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the commercial prime rate in effect on the date payment becomes due. Standard Form of Agreement 00520 - 2 2004 Prairie Run A-ALBEV 0409 ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, Site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and accepts the determinations set forth in paragraph SC 4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7 .2 above) which pertain to the subsurface or physical conditions at or contiguous to the site, or otherwise may affect the cost, progress, performance or furnishing of the Work, as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.03 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 00520-1 to 00520-5, inclusive). 8.2 Exhibits to this Agreement (pages 00410-1 to 00410-7, inclusive). 8.3 Performance and other Bonds, identified as Documents 00611 and 00613. 2004 Prairie Run A-ALBEV 0409 Standard Form of Agreement 00520 - 3 8.4 Notice of Award. 8.5 General Conditions (pages 1 to 42, inclusive). 8.6 Supplementary Conditions (pages 00800-1 to 00800-7, inclusive). 8.7 Project Manual bearing the title: 2004 Prairie Run, City of Albertville, Minnesota and consisting of 3 Divisions and 30 Sections, as listed in Table of Contents thereof. 8.8 Drawings, consisting of sheets numbered 1 through C-5.3 inclusive, with the following general title: 2004 Prairie Run, City of Albertville, Minnesota 8.9 Addenda numbers 1 to 2, inclusive. 8.10 CONTRACTOR's Bid pages 00410-1 to 00410-7, inclusive. 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award - NA. 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13 The documents listed in paragraph 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.4 and 3.5 of the General Conditions. ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Standard Form of Agreement 00520 - 4 2004 Prairie Run A-ALBEV 0409 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. OWNER: CITY OF ALBERTVILLE, MN DENNIS FEHN GRAVEL & CONTRACTOR: EXCAVATING, INe. BY:~~ ~ Attest: ()4im. ~'- Address for giving notices: BY:~~ Attest: Address for giving notices: 5975 Main Avenue NE Albertville, MN 55301 2004 Prairie Run A-ALBEV 0409 Standard Form of Agreement 00520 - 5 ,. " , . ~' DOCUMENT 00410 REVISED BID FORM (05/10/04) Contractor's Name DaJI-J1S I=€HfJ ~vca, ~6ccA\4~nf'.6, lAC. PROJECT IDENTJFICATION: 2004 Prairie Run Albertville, Minnesota SEH No.A-ALBEV 0409 THIS BID IS SUBMITTED TO: Honorable Mayor and City Council c/o Mr. Larry Kruse, Administrator City of Albertville 5975 Main Avenue Northeast P.O. Box 9 Albertville, MN 55301-0009 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER on the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of bid security. This bid will remain subject to acceptance for 60 calendar days after the day of bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER's Notice of Award. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda (receipt of all which is hereby acknowledged): Date ~ lO,-ZCO+ Hit( .'~l ~ Number , 'L 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, performance and furnishing 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, performance and furnishing of the Work. 2004 Prairie Run A-ALBEV 0409 Revised Bid Form (05/1 0/04) 00410 - 1 , r '\ J # , ," d. BIDDER has studied carefully all reports of all 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 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph S.C. 4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and Drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and Drawings are not Contract Documents and may not be complete for BIDDER's purposes. BIDDER acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to underground facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the' Work, or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incidental thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies ,or data are necessary for the determination of this bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e. BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this bid is submitted as indicated in the Contract Documents. f. BIDDER has correlated the information known to BIDDER, 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. g. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this bid is submitted. h. This bid is genuine and not made in the interest of, or on behalf of, any undisclosed person, firm or corporation, 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 person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other bidder or over OWNER. 1. (Any other representation required by Laws and Regulations.) 2004 Prairie Run A-ALBEV 0409 Revised Bid Form (05/10/04) 00410 - 2 . , '. Item Descri tion HYDRANT 66 6" GATE VALVE AND BOX EA 67 8" GATE VALVE AND BOX EA 68 3" INSULATION SY :1. 69 ATER MAIN FITIINGS LB 3,132.00 70 1" COPPER SERVICE LF 1,972.00 71 1" CORP AND CURB STOP EA 53.00 73 12" HDPE OR EQUAL LF 74 15" RCP PIPE CL5 LF 75 15" HDPE OR EQUAL LF 76 18" RCP PIPE CL3 LF 77 18" RCP PIPE CL5 LF 78 18" HDPE OR EQUAL LF 79 21" RCP PIPE CL3 LF 80 " RCP PIPE CL3 LF 81 27" RCP PIPE CL3 LF 82 33" RCP PIPE CL3 LF 83 36" HDPE OR EQUAL LF 84 8" SCH 40 PVC PIPE LF 85 CONST DRAINAGE STRUCTURE DES EA 5.00 C,G,ORH 86 CONST DRAINAGE STRUCTURE TYPE EA 2004 Prairie Run A-ALBEV 0409 Revised Bid Form (05/10/04) 00410 - 6 ~ " Item Descri lion CONSTDRAINAGESTRUCTURE DESIGN 48-4020 88 ONST DRAINAGE STRUCTURE EA DESIGN 60-4020 89 CONST DRAINAGE STRUCTURE EA DESIGN 72-4020 90 CONST DRAINAGE STRUCTURE EA DESIGN 84-4020 91 SPECIAL OUTLET STRUCTURE EA 92 OM RIPRAP CLASS II W/GEO CY ABRIC 93 12" RC APRON W/TRASH GUARD EA 94 15" RC APRON W/TRASH GUARD EA 95 18" RC APRON W/TRASH GUARD EA 96 24" RC APRON W/TRASH GUARD EA 97 33" RC APRON W/TRASH GUARD EA 98 36" RC APRON W/TRASH GUARD EA MPORARY SEED, FERTILIZE, CH AND DISK ANCHOR A TIVE SEED, FERTILIZER, WOOD ER BLANKET OULEV ARD SEED, MNDOT 270 RT, RTILIZER, WOOD FIBER BLANKET SOD TYPE LAWN SY 30.00 ~O, 3,200.00 SY 6,000.00 SY 8,200.00 TOTAL BID FOR ALL UNIT PRICES . Unit Prices have been computed in accordance with paragraph 11.03 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and fmal payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete and ready for final payment, in accordance with paragraph 14.13 of the General Conditions, on or before the dates or within the number of calendar days indicated in the Summary of Work. . 2004 Prairie Run A-AlBEV 0409 Revised Bid Form (05/10/04) 00410 - 7 ,'I,. ~ BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. Communications concerning this bid shall be addressed to the address of BIDDER indicated below. 7. The terms used in this bid which are defmed in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. DATE SUBMITfED :~'< I~, ~ If BIDDER is: An fudividual By (fudividual's Name) Doing Business As Business Address Phone & FAX: A Partnership By (Firm Name) (General Partner's Name & Signature) Business Address Phone & FAX: A Corporation De.1rU\S ~ GRAva.~ EXcA"A11~, f~. (Corporation Name) MI~A (State of fuco;prration) By VI~ -ppe:)l ~t (Title, Name & Signature of (Corporate Seal) ~ Attest. rr.l4 h~ (Secretary) ~ . &~I - ~\ Business Addr~y "lfD3-<:R"1-'Z.,4=U3 5bSo ~.. _~fAl.. pp-'\le/~vlu...c:::::/r.- Phone&FAX.~ 'F'~ ~~ END OF SECTION 2004 Prairie Run A-ALBEV 0409 Revised Bid Form (05/1 0/04) 00410 - 8