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8.4 SR 07-19-2021Request for Action To Item Number Mayor and Ci T Council 8.4 Agenda Section Meeting Date Prepared by General Business I July 19, 2021 Michael Hecker, Parks and Recreation Director Item Description Reviewed by Trott Brook Park Tennis Court and Country Cal Portner, City Administrator Crossing Park Basketball Projects Reviewed by Action Request Approve, by motion, the quote of $112,584.32 from North Valley for general site improvements at Country Crossing and Fresno Parks. Background/Discussion On July 14, 2021, the Parks and Recreation Commission reviewed bids for general site improvements at Country Crossing and Fresno Parks and reconstruction of the Trott Brook Park Tennis Court. The Commission recommends proceeding with the $112,584.32 quote from North Valley, Inc. for construction of a basketball court at Country Crossing Park and removal of the existing court at Fresno Park. The complexities of the Trott Brook Park tennis court project required SRF Consulting Group, Inc. to complete soil borings, surveys, and design work to determine exact quantities of soils, granules and geotextile fabric required to stabilize a new tennis court installation. State law requires at least two quotes for projects over $25,000 unless certain specific situations exist and for formal public bids for projects over $175,000. SRF estimated both projects at than $175,000 each thus only requiring quotes. Requests for Quotes were sent to multiple contractors and two contractors responded with the following: Trott Brook Park Tennis Court North Valley Inc. $261,888.70 New Look Contracting $238,844.00 Country Crossing Park Basketball Court North Valley Inc. $112,584.32 New Look Contracting $126,430.00 The Trott Brook Park quotes exceed $175,000 and must go to competitive bidding. Two weeks are required to advertise bids, taking us into late August for City Council approval. Court construction will take a minimum one month to complete. Based on this timeline, the Commission recommends to not proceed with the tennis court project and to formalize bids later this year for a winter season court removal and a spring 2022 construction. The Elk River Vision P 0 W E e E 0 0 V A welcoming community rvitb revolutionary and spirzted resourcefulness, exceptional NATURE service, and community engagement that encourages and inspires prosperz[ Updated. August 2020 Financial Impact The 2021 Park Improvement Fund identifies both projects for a total of $250,000. $24,600 of the total was required for professional services for SRF Consulting. The Country Crossing and Fresno Park improvements for $112,584.32 is about $28,000 higher than the original estimate, but based on the current market conditions, including volatile material costs and availability, staff and the Parks Commission recommends proceeding. The basketball court portion of the project costs may be eligible for Park Dedication funding. The Commission recommended funding from the Park Improvement Fund with the possible use of Park Dedication Funds to be discussed at a future work session. The Trott Brook Tennis Court project is recommended to be paid for later from the Park Improvement Fund with an estimated 2022 budget of $270,000. Mission/Policy/Goal Ethical, efficient, and responsible Attachments Trott Brook Park Tennis Court Quotes - North Valley Inc. and New Look Contracting Country Crossing and Fresno Parks Quotes — North Valley Inc. and New Look Contracting Country Crossing Park Basketball Court Layout Plan N:APublic Bodies\Agenda Packets\07-19-2021\Fugal\x8.4 sr Quotes for Basketball and Tennis Courts.docx DOCUMENT 00 4100 0� f'A BID FORM 4001s ,X BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS NTS FOR THE FOLLOWN 330 NIT PRICES AND/OR LUMP SUMS, WHICH INCLUDE SALES TAX AND OTHER APPLICABLE TAXES AND FEES. THE CITY RESERVES THE RIGHT TO ADD OR ELIMINATE PARTIAL OR ENTIRE QUANT MES OF INDIVIDUAL BID ITEMS. TROTT BROOK PARK TENNIS COURT IMPROVEMENTS Item Section 1- Removals/Mobilization No. Description Unit Est, Qty Unit Price Amount Provide all necessary construction In Dollars In Dollars 1 surveying and staking to meet layout and grading requirements for all work LS 1 - corn lete. S42?.8µ 942,7.114 2 Mobilization LS 1 Remove bituminous pavement 14' IS .o0 14$1 .00 3 including saw cut at edge to remain - SY 1,566 corn lete. 2 92 4 Remove chain link fence - complete. LF 303 Remove tennis court net standards 5 and footings as encountered LS 1 com fete. '708.98 log , Section 1 - Removals/Mobilization Total Item No. Section 2 - Earthwork Description Unit Est, qty *On -site earthwork as required to .."'" achieve plan grades and on -site earthwork balance - complete, including 1) stripping and stockpiling of topsoil; 2) common excavation of subsoil materials to subgrade 1 elevations identified for paving areas LS 1 and hauling of excess materials; 3) maintenance of grades throughout construction including all silt fence, bio roils, or other approved method; 4) final grading to specified 2$3&3.442- Unit Price Amount 49, 3r.`. 28 �' 49, 5(A z.-9 2 Fumish and install silt fence - complete. LF 608 �• I b Install and maintain rock construction 13 13. 28 3 entrance -remove upon completion EA of construction o erations. 1 542.-fig 5�2.78 Section 2 - Earthwork Total Sl 22 2.34 Bid Form 00 41004 Unit Price Amount Item m Section 3 - Utilities Description Unit Est. in Dollars In Dollars . and install V' dia. perforated HDPE drain file with factory -seamed LF 642 1 or factory -produced continuous knit Z1 •44 13'�64 •�1i weave geotextile - complete. Furnish and install 6" dia. PVC LF 98 i 24.59 2 draina e i - com lete. Furnish and install precast concrete 3 headwall (MNDOT 3131C ) with 2 $93•y4 !b rodent screen - comp"e. Section 3 - Utilities Total F Unit Price Amount Item Section 4 - Pavement & Curbs Unit Est. Qty In Dollars In Dollars No. Description Furnish and install bituminous tennis 1 court as shown on the plans and SY 1,438 15.419 14S 141+. al details - com lete. Furnish and install bituminous trails - SY 44 01 3VC%.tv 2 complete. Furnish and install 3' of select granular borrow under tennis court SY 1,483 3 and geotextile fabric as shown in the 29•`4Z +�3 foZ9 . $� lans and details - com lete Furnish and install 18" wide concrete LF 306 '�T•99 M` 4191E 4 maintenance stri com fete. ,. Furnish and install tennis court color LS 1 I S 19'7.95 1519't.9s 5 coating (two colors) and striping - corn lete. ..... 122 ISS.Z Section 4 - Pavement & Curbs Total Unit Price Amount Item Section 6 - Site Furnishings Unit Est. Qty In Dollars In Dollars No. Description Furnish and 1 including net and install tennis p stswith contcrete EA 2 3 s 2- .10 70 5 v• 20 footings - complete. Furnish and install 10' high black 296 1aq .29 3Z *$4q. 4 2 vinyl -coated fence, including concrete LF footings - complete �i 40f6 .a4 Section 5 - Site Furnishin s Total Unit Price Amount Item Section 6 - Landscape/Turf Unit Est. ay in Dollars in ount No. Establishment Description Furnish and install turf seed mix as AC 2 119 41.2$ Z 3B•2S 1 shown on the plans and s ecifications - complete. 23�� 2S Section 6 - Landscape/Turf Establishment Total 2f.ft�88.T0 Base Bid Total _ Bid Form 004100.2 ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition ofthis Bid: A. Required Bid security in the form of certified check, cashier's check, cash deposit or bid bond. B. Document 00 43 33 — Tabulation of Suppliers. C. Document 00 43 36 — Tabulation of Subcontractors. D. Non -Collusion Affidavit E. Responsible Contractor Verification ARTICLE 8 —DEFINED TERMS &01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 —BID SUBMITTAL 9.01 This Bid submitted by: If Bidder is: An Individual Name (typed or printed): BY (Individual 's signature) Doing business as: A Partnership Partnership Name; By: (SEAL) (SEAL) (Signature ofgeneral partner — attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name:_,.... ___ NXffi Vahw, Inc. (SEAL) State oflncorporation: m tYEsots Type (Gene al Budnes Professional, Service, Limited Liability): _ G3MMI S1sirEss By: (Signature - ach evidence of authority to sign) Name (typed or printed): Brad " Title: pbasi—cisri' Bid Form 00 4100-3 Attest: (Signature cyk'orporateSecretary) Date of Qualification to do business in Minnesota is 5 / 1 / 98 . A Joint Veptgre Name of Joint Venturer: First Joint Venturer Nan By: (Signature offirst joint venture partner— attach evidence of authariy to sign) Name (typed or printed): Title: (SEAL) Second Joint Venturer Name:— (SEAL) By: (Signature ofsecondjoint venture partner— 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.) Bidder'sBusinessaddress: 20015 IWm St. 1\W SIs 100, kbqffim, M 55330 Phone: (763) 274-2580 Facsimile: (763) 274-2584 Submitted on JUIV 1, 2021. State Contractor License No. (Ifapplicable) Bid Form 0041004 Nevv Look Conr.racting 14045 Northdale Blvd. �LJLOEOL Rogers, A/iN 55374 !CONTRACTING DOCUMENT001 4:100 �763) 241-1596 - office RID FORM (763) 241-9196 f�m BIDDER AGREES "TO PERFORM ALL THE WORK DESCRIBED IN "THE CONFRACT DOCUMENTS FOR THE FOLLOWING UN.rr' PRICES AND/OR LUMP SLIMS, WHICH INCLUDE SALES TAX AND OTHER APPLICABLE TAXES AND FEES. THE CM, RESERVES THE RIGHT TO ADD OR ELIMINATE Y1PAR"FIAL OR ENT11RIE QUAN TITIES OF 1NDIVIDU A lBID ITEMS., TIII' -10r1l"T WROOK PARK TEITNIS COURT INFIFIOVEMENll's Kern Sea� ion I - Removals/Mobillizatlion Unlit Est. Q-ty Unit Price A rnount No.. Description (11n Doflairs) Provide alI necessary construction I surveying and staking to rneet byout Ls 1 4 z 0 and girwfing requirements -for alll work J, �m i�te . . . . . .......... 2 Moblilization II_S i — -- ---------- , &9e-- 0, Remove biturnihous pavernent — 3 induding saw cut at edge to remain - SY 1,566 - - - --------------- - - - - 4 Reirnove chain fink fence -- complete. 303 Remove tennis court fiet standards 5 and foofings as encountered LS I -flete. . ..... -77- . ... .. of Section 1 .- Reirnovals/lMobillization �"o tall — - - — - - ------ - - - - -------- --itwn Section 2 - Earthwork Descrillption Unit Unit lPrice Est. Q�....11o �Illars Amount *On-sit:e earthwork as required -to achieve 1pUan grades and on -site earthwork ballance - cornpiete, inclluding 1) strippft-ig and stockpiling of topsoii; 2) corrinnon excavation of sulbsoiI materials to subgrade I eRevations identified for paving areas LS and Ihnauling of excess mateiialls; 3) maintenance of grades throughout construclJorn including all sink forice, bio roills, or other approved method; 4) finall grading to specified tollerances -coinlOe Furnish and instalI silll: fence 2 LF 608 complete. ..... - - - ----- . ... . ....... . . ..... instaH and maintain rock constri.jGdon 3 entrance - remove upon completion EA 0 ro of constructiorl op! L0jr, . ..... Section 2 - Earthwork Total . .... .......... ........ Bid Form 00 41 00-1 [tern Section 3 — 1.111AMOG Desciriptkirk NO. F.uirnM and install 6" dia. perforated I � OPE drain file with factory-searned or factory produced continUOus knft weave geotextHe - coimplete., 2 Fuririish and iinstall 6" dia. PVC dirainag �ne R,sirili�sh and iris -tali precast concrete 3 headwalI (MINDO F 3131 C) wfth I _Loqe Ee!e In - goill9f . ..... ........ Section 3 - Utififies"rotal TItem Section 4 - Pavement & Curbs No.. Description Furinislh and instafl Uturnkious tenn�s COLirt as shown on the jphailis and details - qqmj,b- Furnish and install biturnlnfls OUS tra- 2 Furinish arid install 3'of se�ect 3 granular borromi under tennis cot -lilt and geotextHe falbiric as shown in the ...flan s qiridLdetaHs ,�a f . . ..... 4 l urnish and unstall 18" wide concirete rnainteriance str��- r�orriL��,te. Furinhsh air-W iiilistall tennis court (.-,olor 5 coatirig (tw(:) colors) and stdping Section 4 - Pavement & Curbs "rotall litein Sectilon 5 - Site Furnishings No., Description Fuirinhsh arid iinstaH tenrils net outfit, 1 including net aind posts wRh concrete footings - corriplete. F),irirflish and r id jil,istafl 10" high Wack 2 vinykcoated fence, �IqCkiding concrete _flete. "19L Section 5 - Site Furn,is� s,,"rutq11 Item Section 6 - Landscape/Turf No.. EstaWishment Description "urnish and hirjstaii turf seed mix as I shown on -the plans arid Section 6 Landscape/Turf Establishment Total U In ft Ust' Qty 642 LIF 98 F.:'A 2 U in it Est. MY SY 1,438 SY 44 nn- SY 1,483 1!... F LS 306 I lUnit Est. Qty EA 2 LF 296 Unit AC Est. Qty .2 UnR Prk;e In DIOHaRs &V Unit Price In Doflarsj Z/ Unit Price Ainnount Gn_o_uni' 0111it __A[n_ I LoLla-1.61p..... ..... ........ 7, BE a 3- a-,4�2s o "rx v llt ZWt DOCUMENT 00 4100 2oa•� Ili vas S>l�� � BID FORM 46 rJRen,, BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS FOR THE FOLLOWING UNIT PRICES AND/OR LUMP SUMS, WHICH INCLUDE SALES TAX AND OTHER APPLICABLE TAXES AND FEES. THE CITY RESERVES THE RIGHT TO ADD OR ELIMINATE PARTIAL OR ENTIRE QUANTITIES OF INDIVIDUAL BID ITEMS. COUNTRY CROSSINGS AND FRESNO PARKS GENERAL SITE IMPROVEMENTS Item Section 1 - Removals/Mobilization Unit Est. Qty No. Unit Price Amount Description in Dollars In Dollars Provide all necessary construction 1 surveying and staking to meet layout LS 1 and grading requirements for all work SyZo.3#4 1 5429.314 - complete. 2 Mobilization LS 1 gS3q.?q gS39.79 Remove bituminous pavement 3 including saw cut at edge to remain - SY 1,607 7.7q f 2518. 53 complete. 4 Remove basketball hoop and footings EA 4 as encountered -com late. 4442. yq 17t q At. Section 2 - Removals/Mobilization Total 24 '24 S.IPL Item Section 2 — Earthwork Description Unit Est. Qty No. Unit Price Amount In Dollars In Dollars "On -site earthwork as required to achieve plan grades and on -site earthwork balance - complete, including 1) stripping and stockpiling of topsoil; 2) common excavation of subsoil materials to subgrade 1 elevations identified for paving areas LS 1 (a 1 31 • 'f 4 L 131.3$ and play areas; 3) maintenance of grades throughout construction including all silt fence, bio rolls, or other approved method; 4) final grading to specified tolerances - complete Furnish and install 9° compacted 2 depth select topsoil borrow (planting SY 805 IS.493 12 So 1 • `,S beds) - complete. (Fresno Park) ww Furnish and install silt fence -M 3 LF 523 complete. (Both Parks) Z. G 112q •42 4 Furnish and install inlet protection - EA 2 com, fete. 'Both Parks 2'» •oZ S42 .oN Install and maintain rock construction 5 entrance - remove upon completion EA 2 of construction operations. (Both Parks Section 2 - Earthwork TotalBid Form 00 4100-1 Item Section 3 - Pavement Description No. Unit Est, Qty Unit Price Amount In Dollars In Dollars Furnish and install bituminous basketball court and striping as SY 934 shown on the plans and details - 4 i . V V g 910.44 com Mete. Section 3 - Pavement & Curbs Total Item Section 4 - Site Furnishings Unit Est, Unit Price Amount No. Description in Dollars In Dollars Furnish and install basketball outfit, 1 including post with concrete footing, EA 3 S9b2.3� t7 s387. U backboard, rim, and net - complete. Section 4 - Site Furnishings Total Item Section 5 - LandscapelTurf Unit Est Unit Price Amount No. Establishment Description in Dollars In Dollars Furnish and install turf seed mix as shown on the plans and AC b O 514Q. X specifications - complete. (Both ,2g8.4`� Parks Section 5 - LandscapelTurf Establishment Total +� y9• Z Base Bid Total 1 12 GIN. 32 Sid Form 00 4100-2 ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition ofthis Bid: A. Required Bid security in the form of certified check, cashier's check, cash deposit or bid bond. B. Document 00 43 33 — Tabulation of Suppliers. C. Document 00 43 36 — Tabulation of Subcontractors. D. Non -Collusion Affidavit E. Responsible Contractor Verification ARTICLE 8 —DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 — BID SUBMITTAL 9.01 This Bid submitted by: If Bidder is: An Individual Name (typed or printed): By: (Individual 's signature) (SEAL) Doing business as: A Partnership Partnership Name: (SEAL) BY: (Signature ofgeneral partner —attach evidence of authority to sign) Name (typed or printed): A Cooration Corporation Name: NXffi VNEW, B-C. _ _ _ (SEAL) State oflncorporation. N bmesota Type (General B sInne ofessional, Service, Limited Liability): CI�1 Bl1&T'� By: (Signatur ach evidence of authority to sign) Name (typed or printed): Bad SdM — Title: Preside' Bid Form 00 4100-3 / (CORPORATE SEAL) Attest: i nature orate Se (S g 'r po cretary) Date of Qualification to do business in Minnesota is 5 1 1 198 A-MM"Awe Name ofJoint Venturer: First Joint VenturerName:—_ (SEAL) By �l afore o rrst 'oint vertu (Signature f f re partner - attach evidence of authority to sign) Name (typed or printed): ._.. . _ Title: Second JointVenturer Name:„, (SEAL) By: (Signature of second joint venture partner - 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.) Bidder's Business address: 20015 Igista St. AW Sbe 100, Ibn1ba-4 M ffiM Phone: (763) _774'� Facsimile: (763) _74-2584 Submitted on _ ,Tul 1 , 2021. State Contractor License No. (Ifapplicable) Bid Form 0041004 New Ll_ook Contracting IVILOEOW 140,75 Nordidale Blvd. Ki Rogers, MIN S5374 'CONTRACTING DOCUMENT 00 4100 (763), 24 1 -1596 offiu:� BID FORM (76.3) 241 9196 . f x BIDDER AGREES FO PERFORM ALI' HE WORK DIESCRIBED.I.NiTll CON FRACT DOCUMEN"Mn IFORLTH: FOGLOWING UN1 F PRICES AND/OR UMP SUMS, WHI(.11H INQ UlDi.` SALES IAY, AND O'll"HIER AF)PI11CABLE TAXES AND FEES. 'I CTFY RESERVES rHE RIGHTTO AIDD OR Ell IMINXT"E PAR."T"IAL OR EN FIRE QUANTITIES 0F.1ND1V11[,.)U)U BID ITEMS. COUNTRY CROSSINGS A1114D FRINO PAIRKS GENERAL, SITE "EIMPIROVEMEm rs lean-C I _Cti 7o, i w I —Re'l, —Is/Mo'l—bi � lz at! o in S" Unit Price Unit Est. My Amount N o., Description 10ollharr �L_ (in K)oIllail Flrwfide all necessairy ago nstrucflon s SLjlr urvey4rg aind stak4-ig to rineet layout II.... ,4vr aiid grading irequl;rernents -for aIll work 2 �Aob!111ization S .1 Rernove bitUminous ....M1 __ 1pav,rrient ........ _ _._ ..�m 3 �nclliixfing saw out at edge to rerrialin SY 1,60 &9 coirnpCete. basketbalf hoq.)and fees 4 I EA 4 0Remove e-149 as a.need crnee.otings countrol . 41L 5/6 Section 2 Reirinovals/Moblilization rotal Item Section 2 Eairthworlk Description . . . .......... Unit Est., Qty Unit Pdce Arnount IN o.,_ (fin Dollars) _j n !q2flLqr,, *On site earthwork as re(JUIred 'to acNeve plaill grades and on -site earthwork Waince . compilete, incucfing 'I) slAppiling and stodkIpHilrig of topsoH; 2) corninnon excavaboirt of silulbsoH materials to sile I eevatlioins iden-fified for pa%fing aireas LS arid play aireas; 3) maintenance of girades throughout construction lnciu6rig al1i sHt fence, lb rol1ls, or other approved method� 4) finW gra&l to specifled -toerainces - cllra . . . . ...... ... ..... . ....... ...... . . ....... urnilish airid 4-istaH 9" G(.)mpacted 2 depff-i select topsoil bonrow (plainfing SY 805 beds) con-ilp1lete., (Fresno Park) F::�urinish and install sift N.-.,,,nce 3 LI 523 complete. (Both �:::Iairks) . .. .... 4 Fail and install inlet piroteefion — E.A 2 ........... _�a�2!pj,,.rlete. (BothL3a,A§E .. . .. ........ .. ... ...... . ........... ... . . .. .. . .... lil and n-4ntallin il constriucfioini entrance - remove upon coilin 5 2 of construction operations. (Both . .. . . .... . ..... .... Seefien 2 — Eafthvvoirk Total ....... ........ ............ Bid Foral U0 111 00-i Item No. Sectioin 3 — Pavement DesciriptJoin . ........ Furnish and install bituminous basketball court and striping as shown on the plans and details - lete. Section 3 — Pavement & Curbs Total . ..... . ..... —em Section-4--Site, —Furnis'hings No. Description Furnish and install basketball outfit, 1 including post with concrete footing, backboard, rim, and net - complete. Section 4 — Site Furnishings Total Item Section 5 — LandscapelTurf No. Establishment Description Furnish and install turf seed mix as shown on the plans and specifications - complete. (Both Parks Section 6 — LandscapeiTurf Establishment Total Base Bid Total Unft I kist. Qty SY 1 934 Unit I Est. Qty EA 1 3 Unit n Est. Qty AC 1 .5 Unit Pirice Amount _jn Dofllairs) Unit Price Amount Liq D r n Unit Price J1 Amount (In Dollars _(In D(Aar§) ev;et Orl Form 00 '1100-2 i ' CONSTRUCTION LIMNS, TYP. �. _. _. 70 i AAV a Noll ifil A. t T WIDE WHITE STRIP, TYP (— SITUMINOUS WURT � � \ / �:J 1 LEGEND PROPOSED BITUMINOUS COURT CONSTRUCTION LIMITS GENERAL NOTES: EROSION CONTROL NOTES: TREE PROTECTION NOTES: LAYOUT NOTES: 1. STATE LAW: 48 HOURS BEFORE EXCAVATION BEGINS 1. THE CONTRACTOR SHALL INSTALL EROSION CONTROL 1. PROTECT ALL TREES IN IMMEDIATE VICINITY OF WORK. NO 1. REPORT ALL LAYOUT DISCREPANCIES IMMEDIATELY TO THE i CON TRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT MEASURES AS SHOWN ON THE PLANS ANDAS REQUIREDTO PAR KING VEHICLES OR EQUIPMENT UNDER DRIP LINES OF LANDSCAPE ARCHITECT FOR DIRECTION PRIOR TO e:! 551-4544M02 FOR FIELD LOCATION OF UNDERGROUND PREVENT SILT MIGRATION PRIOR TO BEGINNING TREES. PROCEEDING. UTILITIES. CONSTRUCTION. THESE MEASURES SHALL INCLUDE INLET PROTECTION AT ALL STORMWATER INLETS RECEIVING RUN 2. TREE PROTECTION TO BE SNOW OR CONSTRUCTION FENCE 2. ALL ANGLES ARE 90 DEGREES UNLESS OTHERWISE NOTED. 2. CONTRACTOR SHALL FURNISH. INSTALL AND MAINTAIN ALL OFF FROM THE PROJECT SITE. OF 4' HEIGHT WITH POSTS 8' O.G. WITH 2' MIN. BURY AT THE NECESSARY TRAFFIC CONTROL DEVICES TO THE DRIPLINE OR OUTERMOST BRANCHES. FENCE TO ENCIRCLE STRIPING NOTE: SATISFACTION OF THE OWNER. 2. THECONTRACTOR SHALL PROVIDE AND MAINTAIN A 3V WIDE TREE WITHIN CONSTRUCTION LIMITS. THE OWNER WILL X 50' LONG ROCK ACCESS DRIVE FOR THE DURATION OF IDENTIFY TREE PROTECTION FENCING LOCATIONS. 1, LINES ON COURT AREA SHALL BE 2" WIDE WHITE STRIPING 3. CLEAR AND GRUB VEGETATION WITHIN CONSTRUCTION LIMITS AND AS REQUIRED TO CONSTRUCT THE PROPOSED CONSTRUCTION. THE CONTRACTOR SHALL REMOVE THE ACCESS DRIVE AND RESTORE ALL AREAS DISTURBED BY 3. TREE PROTECTION FENCING SHALL BE CONSIDERED UNLESS OTHERWISE NOTED. j IMPROVEMENTS. VERIFY LIMITS WITH OWNER, CONSTRUCTION ACTIVITIES AND ACCESS UPON COMPLETION INCIDENTAL TO GRADING OPERATIONS. OF CONSTRUCTION. I) 3. THE CON TRACTOR SHALL INSTALL AND MAINTAIN CATEGORY 3N (NON-WLEDED) EROSION CONTROL BLANKET ON ALL SLOPES 3:1 OR STEEPER. O 10 20 SCALE IN FEET ivtr— L.-,-) hereby mrtlry [hat M s plan, spec Freon, report was prepared by me or under my almc[ supervision iad naet am duiy O<ensea easwpe Arcn¢ea coast ma lave of [he State of Minnesota. PRINT NAME: TMDTNy L AELD)) N URE �TTD62120�1 DATE BY APPR �. D F Y a zH U7 z Y W � a W � Yo> zg c �z UCL d y W 0 ZH o UO Ln � g 09 z U w 0 W u hU z 0 DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Elk River ("Owner") and North Valley, Inc. ("Contractor"). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Bituminous drives and parking lots, curb & gutter, concrete walk, turf establishment, landscaping, erosion control, signing and striping. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Country Crossing and Fresno Parks General Site Improvements ARTICLE 3 — ENGINEER 3.01 The Project has been designed by SRF Consulting Group, Inc. (Engineer), 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 4.1 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2 Dates for Substantial Completion and Final Payment A. All Work shall be substantially completed on or before Friday, September 17, 2021, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before Friday, September 24, 2021. 4.3 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner a daily charge for each day that expires after the time specified in Paragraph 4.02 for Milestones and/or Substantial Completion until the Work for the Milestones and/or Substantial Completion is complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner daily charge for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. The daily charges will be based on the original contract value, and will be in the amount shown in the following table: Standard Form of Agreement 00 52 00-1 TABLE OF LIQUIDATED DAMAGES OriEinal Contract Amount Charge Per From More than To and Including CalendarDay ($) ($) M 0 25,000 300 25,000 100,000 400 100,000 500,000 900 500,000 1,000,000 1,200 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,500 5,000,000 10,000,000 3,000 10,000,000 ------- 3,500 ARTICLE 5 — CONTRACT PRICE 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.0 LA below: 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 of that item as indicated in Contractor's Bid, attached hereto as an exhibit. 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 in Paragraph 11.03 of the General Conditions. ESTIMATED TOTAL OF ALL UNIT PRICE WORK ARTICLE 6 — PAYMENT PROCEDURES 6.1 Submittal and Processing of Payments $ One hundred and twelve thousand, five $112,584.32 hundred and eighty-four dollars and thirty two cents. (use words) (figure) A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.2 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15`h day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. 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 Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 ofthe General Conditions: a. Ninety-five percent (95%) of Work completed (with the balance being retainage). Standard Form of Agreement 00 52 00-2 b. Ninety-five percent (95%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.13.5 of the General Conditions and less 150 percent of Engineer's estimate of the value of Work to be accepted or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3 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 Not used. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.1 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 become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for 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. 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. Standard Form of Agreement 00 52 00-3 H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.1 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6 inclusive). 2. Construction Performance Bond (Document 00 6111). 3. Construction Payment Bond (Document 00 6113). 4. General Conditions (pages 1 to 54, inclusive). 5. Supplementary Conditions (Document 00 73 00). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings consisting of 10 sheets with each sheet bearing the following general title: Country Crossings and Fresno Parks General Site Improvements 8. Addenda (numbers 1 to 1, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 4, inclusive). b. Documentation submitted by Contractor prior to Notice ofAward (pages to inclusive). C. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to inclusive). b. Work Change Directives. c. 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. Standard Form of Agreement 00 52 00-4 D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10—MISCELLANEOUS 10.1 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.4 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Standard Form of Agreement 00 52 00-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Engineer and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on OWNER: City of Elk River By: Title: [CORPORATE SEAL] Attest: Title: Address for giving notices: City of Elk River 13065 Orono Parkway Elk River. MN 55330 (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 -Contractor Agreement.) which is the Effective Date of the Agreement). CONTRACTOR By: Title: [CORPORATE SEAL] Attest: Title: Address for giving notices: License No.: (Where applicable) Agent for service of process: Standard Form of Agreement 00 52 00-6