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HomeMy WebLinkAboutJorgenson Contract Final C 1T1 Corr T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S • 1 • • S t • AIA Document A101 Standard Form of Agreement Between Owner and Contractor • where the basis, of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Con. truction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT - • • made as of the Fifteenth day of April in the year of �.1 Two Thousand and Nine (2009) BETWEEN the Owner: City of Oak Park Heights • • (Name and adctress)- _...- - - .. . 14168 Oak Park •Boulevard North - -. .. _ Oak Park Heights, MN 55082 • and the Contractor: Jorgenson Construction, Inc. • (Name and address) 9255 East River Road NW • Coon Rapids, MN 55433 • • General Construction Work, Site Work, Mechanical Work The Project is: and Electrical Work (Name and location) . Oak Park Heights City Hall • 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 The Architect is: (Name and address) Buetow & Associates, Inc. • 2345 N. Rice Street #210 • St. Paul, MN 55113 • The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of theUnited States and will be subject to legal prosecution. AIA DOCUMENT A101' • OWNER - CONTRACTOR AGREEMENT • TWEI °•i'H EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 1 • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract General Supplementary Drawings, Specifications, addenda issued prior to execution of this Agreement, other docents listed in this Agreements and Modifications issued after execution of this Agreement,•• these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and Integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 • • • THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described In the Contract Documents, except to the extent specifically indicated In the Contract Documents to be the responsibility of others, or as follows: The Owner may utilize the services of its own s taff and vendors during the course of this project including, but not limited to: organizations and /or individuals that furnish and install furniture, workstations, appliances, voice /data equipment, office equipment, radio communications, telecommunications, security cameras and storage equipment. • • • • • • ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The date of commencement Is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, If it differs from the date of Mk' Agreement or, if applicable, stale that the date will be fixed In a notice to pro caul.) Contractor_ shall commence work on the date stated in a Notice to Proceed to be issued by the Owner. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar dale or number of calendar days after the date of commencement, Also Insert any requirements for earlier Substantial Completion of cer- tain portions of lbe Work, if not slated elsewhere in the Contract Documents.) • Four hundred eighty(480) calendar days from the Notice to Proceed issued by the Owner. Modifications to the Substantial Completion date can only . be achieved by Change Order and /or by Construction Change Directive issued by the Owner to the General Contractor. , subJect to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, van)), for liquidated damages relating to failure to complete on time.) Liquidated damages apply per Section 007300 Supplementary Conditions .paragraph 9.11 Liquidated Damages. • • AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C.20006 A101_1987 2 WARNING: Unlicensed ohotocoovino violatpe tt S nrIm;.t.,r. + . . • --■inumni ARTICLE 4 CONTRACT SUM • 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Six Million Three Hundred Fifty Eight Thousand Five Hundred -and 00 /100 ---D (S 6 358, 500.00 ), subject to additions and deducticiis as provided in the Corr tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Document's and are hereby accepted by the Owner: (State the numbers or other identification of accepted ateernates. If decisions on other alternates are to be made by the Owner subsequent to Ibe execution of Ibis Agreement, attach a schedule of such other alternates showing the amount for each and the date until which tbat amount is valid.) Base Bid: $6,319,000.00 Alternate Number 1 (Window Blinds): $4,000.00 Alternate Number 2 (Markerboards and Tackboards): $7,000.00 Alternate Number 4 (Flag Pole and Lighting): $7,000.00 ` Alternate Number 5 (Lockers): $2,500.00 Alternate Number 7 (Wood Windows): $3,000.00 • Alternate Number 9 (Humidification System): $16,000.00 $6,358,500.00 . NOTE: The Owner shall have the right to accept or reject any or all Alternates identified in the Construction Documents in any combination and the right to accept or reject the respective costs for any or all Alternates (those costs are described in the attached Contractor's Bid Form). These rights shall be valid and available to the Owner until and including May 30, 2009 and, in the case of, Alternate No. Eight, these rights shall be valid and available to the Owner until and including July 29, 2009. • 4.3 Unit prices, if any, are as follows: A. Additional Excavation $4.50 per cubic yard • .B. Additional Fill $7.50 per cubic yard C. Additional Compaction $.50 per cubic yard -- - - - D: - Drilling through Na'tu'ral Soils $11.00 per lineal. foot E. Drilling through Bedrock $27.00 per lineal foot • • . • • AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDrrJON • AA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NAV., WASHINGTON, D.C. 20006 A101 -1987 3 . • ARTICLE 5 PROGRESS PAYMENTS • 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the . Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,'s =km: Submit each and every Application For Payment in duplicate. 5.3 Provided an Application for Payment is received by the Architect not later than the -- First (1st) - -- day of a month, the Owner shall make payment to the Contractor not later than the Thirtieth (30th) day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than - -- Thirty - -- -- (30) — days after the Architect receives the Application for Payment, 5.4 Bach Application for Payment shill be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. • 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage • -completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( - -- 5 - -- %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute maybe included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( __— 5 - -- %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with - Paragraph 5.6 shall be further modified under the following circumstances: . 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Zero percent ( - -- 0 - -- %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional • amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: • (!f it is, intended, prior to Substantial Completion of (be entire Work, to reduce or limit :be retainage resulting from the percents es Inserted In Subpara- graphs 5.6.1 and 5.6.3 above, and Ibis is nol explained elsewhere in Ibe Contract Documents, insert here provisions for such reduction or limitation.) No reduction no limitation of retainage prior to achieving Substantial Completion. Retainage percentage shall be applied toward all sums payable to the Contractor. • • MA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • A1A° • ©1987 THE AMERICAN INSTITUTE OFARCI•IITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20008 A101-1987 4 • ARTICLE 6 FINAL PAYMENT • Final payment, the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment,. • • • ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref - erence refers to that provision :Ls amended or supplemented by other provisions of the Contract• Documents. '7.2 - Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, q any.) • Provided in applicable Minnesota Statutes including 549.09. • • (Usury laws and requirements under the Federal Trutb in Lending ct, similar state and local consumer credit laws and otber regulations al the Owner's and Contractor's principal places of business, the location of the Project ct and elsewhere may affect the validity of ibis provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements sucb as wrlt_ten disclosures or waivers.) 7.3 Other provisions: Per Section 00730 Supplementary Conditions: Equal Employment Requirements shall apply per paragraph 007336 and Wage. Rate Requirements (Prevailing Wages) shall apply per paragraph 007343. ARTICLE 8 TERMINATION OR SUSPENSION • 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions, AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCI-IITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.G. 20006 A101 -1987 5 • ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS • 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 27, 2009 , and are as follows: Document Title Pages Section 007300 Supplementary Conditions Nine (9) • • 1 9.1.4 The Specifications are those contained in the Project Manual dated as In Subparagraph 9.1.3, and are as follows: (Either list the Spectfications here or refer to an exhibit attached to Ibis Agreement.) Section Title Pages (Refer to the Table of Contents - volume 1 and table of Contents — volume 2 excerpted from the Project Manual; dated February 27; 2009 attached hereto as Exhibit A and as modified in Addenda). • • • AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAG • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 Al 01 -1 0R7 n 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings bere or refer to an exhibit attached to this Agreement.) Number Title Date (Refer to the Schedule of Drawings excerpted from the Drawings dated February 27, 2009 referenced hereto as Exhibit B and as modified by Addenda). • • 9.1.6 The addenda, if any, are as follows: Number Date Pages Addendum Number One March 13, 2009 Fifty (50) Addendum Number Two March 24, 2009 Fifty -Six (56) Addendum Number Three March 26, 2009 Forty -Seven (47) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITIQN • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W„ WASHINGTON, D.C. 20006 A101 -1987 7 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to legal prosecution. • 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to formpart of the Contract Documents. The General Conditions provide that bidding requirements such • as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Refer to attached Exhibit C: Advertisement for Bids, Instructions to Bidders and Supplementary Instructions. Refer to attached Exhibit D: Contractor's Bid Form and Bid Security. • . • • . . • ., °,:e, , tered i o as of 1 c day and yearfirst written above and is executed in at Ieast three original copies of which • , • - „ opi • to the o . r, one to the Architect for use in the administration of the Contract and the remainder to the i OW • � ity of Oak Park Heights CONTRACTOR `" orgenson Construction, Inc. ,5�t < ture) `:+ ' t A + (Signa e) //e 4 .1 • / �` int& name and tills) (Printed nut and title) AI DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 8 EXHIBIT A Re: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Contents: Table of Contents — Volume 1 (2 pages) Table of Contents — Volume 2 (1 page) (Note: Refer also to Addenda for any and all modifications to Table of Contents) • OAK PARK HEIGHTS CITY HALL DOCUMENT 000110 • TABLE OF CONTENTS - VOLUME DIVISION 00 — PROCUREMENT AND DIVISION 02 — EXISTING CONDITIONS CONTRACTING REQUIREMENTS 024119 Selective Structure Demolition INTRODUCTORY INFORMATION DIVISION 03 - CONCRETE Cover Sheet 030100 Rehabilitation of Concrete 000101 Project Directory 033000 Cast -in -Place Concrete 000105 Certification Page 034113 Precast Concrete Hollow Core Planks 000110 Table of Contents DIVISION 04 - MASONRY PROCUREMENT REQUIREMENTS 001113 042000 Unit Masonry Assemblies 01113 Advertisement for Bids 042300 Glass Unit Masonry Assemblies 002113 Instructions to Bidders 044300 Stone Masonry 002213 Supplementary Instructions 047200 Cast Stone Masonry 003100 Available Project Information 004113 Bid Form - Stipulated Sum DIVISION 05 - METALS 004513 Bidder's Qualifications 051200 Structural Steel Framing CONTRACTING REQUIREMENTS 052100 Steel Joist Framing Agreement Form — Stipulated Sum 053100 Steel Decking 005213 A g p 054000 Cold- Formed Metal Framing 006211 Submittal Transmittal Form 055000 Metal Fabrications 007213 General Conditions — Stipulated Sum 055100 Metal Stairs 007300 Supplementary Conditions 055213 Pipe and Tube Railings 007336 Equal Employment Requirements 055300 Metal Gratings 007343 Wage Rate Requirements DIVISION 01 - GENERAL REQUIREMENTS DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES 011100 Summary of Work 061000 Rough Carpentry 012200 Unit Prices 061600 Sheathing 012300 Alternates 061629 Acoustical Undertayment 012500 Substitution Procedures 064023 Interior Architectural Woodwork 012600 Contract Modification Procedures 066116 Solid Surfacing Fabrications es Payment Procedures y r 066413 Fiberglass- Reinforced - Plastic Panels 013100 Project Management and Coordination 013200 Construction Progress Documentation DIVISION 07 - THERMAL AND MOISTURE 013300 Submittal Procedures PROTECTION 014000 Quality Requirements 014200 References 071113 Bituminous Dampproofing 015000 Temporary Facilities and Controls 071326 Self-Adhering Sheet Waterproofing 016000 Product Requirements 072100 Thermal Insulation 017300 Execution 072129 Sprayed Insulation 017419 Construction Waste Management and 074113 Metal Roof Panels Disposal 075113 Built -Up Asphalt Roofing 017423 Sample Waste Management Plan BUR Roof Warranty 017700 Closeout Procedures 076200 Sheet Metal Flashing and Trim 017823 Operation and Maintenance Data Sheet Metal Warranty 017839 Project Record Documents 078413 Penetration Firestopping 079200 Joint Sealants ISSUED FOR BIDS 000110 - 1 OF 2 TABLE OF CONTENTS - VOLUME 1 • OAK PARK HEIGHTS CITY HALL DIVISION 08 - OPENINGS DIVISION 12 - FURNISHINGS 081113 Hollow Metal Doors and Frames 122113 Horizontal Louver Blinds 081416 Flush Wood Doors 083113 Access Doors and Frames DIVISION 14 - CONVEYING EQUIPMENT 083319 Coiling Wood Door 083613 Sectional Doors 142400 Hydraulic Elevators 084113 Aluminum Entrances and Storefronts 084413 Glazed Aluminum Curtain Walls 085113 Aluminum Windows END OF DOCUMENT 085200 Wood Windows 085619 Pass Windows 086300 Metal- Framed Skylights 087100 Door Hardware 087111 Door Hardware Sets 087113 Automatic Operators 088100 Glass Glazing DIVISION 09 - FINISHES 092119 Gypsum Board Shaft Wall Assemblies 092216 Non - Structural Metal Framing 092400 Portland Cement Plastering 092900 Gypsum Board 093000 Tiling 095100 Acoustic Ceilings 095426 Wood Ceilings 096513 Resilient Base and Accessories 096619 Terrazzo Floor Tile 096813 Tile Carpeting 096816 Sheet Carpeting Ala 097200 Wall Coverings 097723 Fabric - Wrapped Panels INF 099000 Painting and Coating 099300 Staining and Transparent Finishing DIVISION 10 - SPECIALTIES 101100 Visual Display Surfaces 101400 Signage 102113 Toilet Compartments 102613 Wall and Corner Protection 102813 Toilet Accessories 104413 Fire Extinguisher Cabinets 104416 Fire Extinguishers 105113 Metal Lockers 105500 Postal Specialties 105600 Storage Assemblies 107113 Exterior Sun Control Devices 107316 Canopies 107500 Flagpoles DIVISION 11 - EQUIPMENT 111900 Detention Equipment — Evidence Lockers 115900 Exhibit Equipment TABLE OF CONTENTS - VOLUME 1 000110 - 2 OF 2 ISSUED FOR BIDS OAK PARK HEIGHTS CITY HALL DOCUMENT 000110 III TABLE OF CONTENTS - VOLUME 2 DIVISION 15 - MECHANICAL. DIVISION 17 — LOW VOLTAGE 15010 Mechanical General Provisions 17050 Basic Electrical Materials and Methods 15050 Basic Materials and Methods 17700 Audio - Visual Systems 15200 Noise, Vibration, and Seismic Control 17721 Fire Alarm Systems 15250 Insulation 17724 Security 15310 Compressed Air System 17741 Voice and Data Cabling Systems 15350 Natural Gas Piping 17770 Public Address and Music Systems 15401 Domestic Water System 17780 Cable Television Systems 15405 Soil and Waste Piping 17781 Closed Circuit Television Systems 15406 Rainwater Drainage System 15450 Plumbing Fixtures and Trim 15501 Fire Protection DIVISION 31 — EARTHWORK 15601 Hot Water Heating System 15702 Chilled Water System 311000 Site Clearing 15766 Infrared Heaters 312333 Trenching and Backfilling 15801 Air Handling System 312500 Erosion Control 15825 Water Source Heat Pumps 313000 Geotextiles and Fabrics 15826 Geothermal Ground Loop Design- 321000 Plant Mix Bituminous Pavement Build Specification 322000 Concrete Pavement 15830 Air Handling Units 322400 Pavement Striping 15840 Air Distribution System 322600 Signs 15901 Temperature Control System (DDC) 325400 Modular Concrete Block Retaining Wall 15920 Gas Monitoring and Control System 325600 irrigation 15950 Electrical Wiring 325800 Landscaping • 15975 Testing, Adjusting, and Balancing 331000 Water Distribution 333000 Sanitary Sewer 334000 Storm Drainage System DIVISION 16 - ELECTRICAL 16050 Basic Electrical Materials and Methods DIVISION 32 — EXTERIOR IMPROVEMENTS 16120 Conductors and Cables 16130 Raceways and Boxes 323123 Plastic Fences and Gates 16140 Wiring Devices 16195 Electrical Identification 16425 Switchboards DIVISION 33 — UTILITIES 16452 Grounding 16461 Dry-Type Transformers (1000V and 334600 Subdrainage Less) 16470 Panelboards 16475 Fuses END OF DOCUMENT 16476 Disconnect Switches 16478 Transient Voltage Suppression 16481 Motor Controllers 16495 Transfer Switches 16500 Lighting 16621 Packaged Engine Generators 16670 Lightning Protection 16740 Voice and Data Distribution System 16800 Systems 16915 Lighting Control Equipment ISSUED FOR BIDS 000110 -1 OF 1 TABLE OF CONTENTS - VOLUME 2 • • EXHIBIT B Re: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Contents: Drawing Index (by reference) — Refer to Drawing Sheet A0.0 (Note: Refer also to Addenda for any and all 40 modifications to Schedule of Drawings) • EXHIBIT C Re: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Contents: Document 001113 Advertisement for Bids (3 pages), Document 002113 Instruction to Bidders (1 page), AIA Document A701 (by reference) and Document 002213 Supplementary Instructions (4 pages) • (Note: Refer also to Addenda for any and all modifications to Advertisement for Bids, Instructions to Bidders and to Supplementary Instructions To Bidders) 41 Mom— OAK PARK HEIGHTS CITY HALL DOCUMENT 001113 ADVERTISEMENT FOR BIDS PART 1 - GENERAL 1.1 NOTICE TO BIDDERS A. Owner will receive sealed Bids for Prime Bid Category portions of Work described herein for General Construction for Oak Park Heights, at 2:00 pm local time, on 31 March 2009 at Bid location specified below. Work of this Project includes additions to and remodeling of existing Public Works Building, demolition of existing City Hall Building, site Work, and mechanical and electrical Work. B. Bids will be opened publicly and results will be read aloud. Abstract of Bids may be made available to Bidders. C. Submit sealed envelopes, addressed to the following, containing Bids marked "Oak Park Heights Bid" and address of Bidder: Bid Location: Oak Park Heights 14168 Oak Park Boulevard North Council Chambers Oak Park Heights, MN 55082 Telephone: 651439.4439 1.2 METHOD OF CONTRACTING AND PROPOSED SCHEDULE A. Work will be constructed under a single stipulated lump -sum contract by Prime Contractor, herein referred to as Contractor, as described by Contract Documents. 1.3 BIDDERS PRE - QUALIFICATION i A. Owner is conducting a pre -qualification process for bidders. B. Owner will reject any Bid from Bidder that has not qualified through City's prequalification of Bidders process. 1.4 PRE -BID MEETING A. Mandatory Pre -Bid Meeting will be held prior to date required for submission of Bids. Bidders are required to attend in order to better understand Project, and for dissemination of information and clarification of intent of Bidding Documents. Questions and responses will be published in an Addendum following conference. Pre -Bid Meeting will be conducted in the Council Chambers of the existing Oak Park Heights City Hall located at Park Boulevard North. B. Mandatory Pre -Bid Meeting will be held on 17 March 2009. C. Architect will conduct pre -Bid Meeting at 2:00 pm to 3:30 pm local time. Owner will have a representative at meeting. D. Site Visitation: Bidders shall visit Project site to familiarize themselves with local conditions after checking in with Owner at Administrative Office before visiting Project site. Owner will maintain continuous occupancy during construction. ISSUED FOR BIDS 001113 -1 OF 3 ADVERTISEMENT FOR BIDS OAK PARK HEIGHTS CITY HALL 1.5 BIDDING REQUIREMENTS A. Submit certified check or acceptable Bidder's Bond payable to Owner in an amount equal to Five Percent (5 %) of Total Base Bid with each Bid per Instructions to Bidders. B. Successful Bidder will be required to furnish Performance Bond and Payment Bond (Document 006100) for Contracts totaling the value of the Construction Contract. C. Submit Bids that are typewritten or written legibly in ink on forms provided herein, and fill out applicable spaces on the forms. Unsigned bids will not be considered. D. Telephone proposals, fax proposals, electronic submittals, voluntary alternates and modifications will not be considered. E. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received, and to accept any Alternate(s) in any order or combination. No Bidder may withdraw their Bid within sixty (60) days immediately following date of Bid Opening and sixty (60) additional days in the case of Bid Alternate No. 8). F. City Council will consider award of Contract at either their regular meeting on 14 April 2009 or at a special meeting prior to 14 April 2009. 1.6 BIDDING DOCUMENTS A. Bidding Documents will be available for examination and distribution on or after 27 February 2009. Documents may be examined at: Builders Exchange of Rochester Reed Construction Data 108 Elton Hills Lane NW 30 Technology Parkway S - Suite 100 Rochester, Minnesota 55901 Norcross, GA 30092 Telephone: 507.282.6531 Telephone: 800.424.3996 Facsimile: 507.282.6351 Facsimile: 800.303.8629 www.reedbulletin.com • McGraw Hill Construction 1401 Glenwood Avenue St. Cloud Builders Exchange Minneapolis, Minnesota 55405 110 6th Avenue South Telephone: 612.381.2290 St. Cloud MN 56301 -3621 Facsimile: 612.381.2295 Telephone: 320.252.5832 Facsimile: 320.251.0081 Minneapolis Builders Exchange 1123 Glenwood Avenue St. Paul Builders Exchange Minneapolis, Minnesota 55405 445 Farrington Street Telephone: 612.381.2620 St. Paul, Minnesota 55103 Facsimile: 612.381.2621 Telephone: 651.224.7545 Facsimile: 651.224.7549 MEDA Minority Contractor Plan Room c/a Franz Reprographics, Inc. Attention Bonnie Flikke) 2781 Freeway Blvd., No. 100 Brooklyn Center, MN 55430 -1753 Telephone: 763.503.9335 Facsimile: 763.503.3409 B. Bidders may obtain copies of Contract Documents at Office of Buetow and Associates Inc., 2345 Rice Street — Suite 210, St. Paul, MN 55113. C. Bidding and Contract Documents will be issued to Bidders on compact disc for use in computing devices. Cost of each disc is Twenty Dollars and No Cents ($20.00), which is non - refundable. Cost ADVERTISEMENT FOR BIDS 001113 - 2 OF 3 ISSUED FOR BIDS • OAK PARK HEIGHTS CITY HALL of disc includes packaging, handling, and mailing through United States Postal Service. Make payments to Buetow and Associates Inc. Include name of Bidder organization, street and mailing address, telephone number, fax number, and email address of recipient authorized to receive subsequent communications during Bidding period. 1. Compact disc will also be made available to other tier bidders including Subcontractors and material suppliers for same cost and under same conditions. D. Contracts for Work under this Bid will obligate Contractors and Subcontractors to maintain policies of employment under provisions of applicable Federal and State laws against discrimination, including Civil Rights Act of 1964 and Minnesota Statute 363. • E. Within 10 days after notification in writing of the Owner's intent to award Contract, accepted Bidder will be required to enter into a Contract with Owner on Standard Form of Agreement Between Owner and Contractor (Document 005213). 1.7 SITE REVIEW A. Prior to submitting Bid for Work, Contractor is required and expected to have examined Project site and premises, and be thoroughly familiarized with existing conditions under which Contractor will be obligated to operate or which will in any way affect Work under this Contract. B. Bidders and Subbidders are further cautioned to become familiar with contents, alternates, revisions, addenda, General Conditions, Special Conditions, Technical Provisions of Specifications, Drawings, Work of other contractors, and work by Owner's vendors. Should Bidder find discrepancies or omissions in Bidding Documents, or should there be doubt as to intent, notify Architect at once, who may, if necessary, issue written instructions to Bidders. C. Notify Architect of apparent variances in Bidding Documents from conditions as they exist at Project site. Failure to comply with above requirements does not relieve Contractor of requirements of Contract Documents. D. No extras will be allowed because of Bidder's misunderstanding as to amount of Work involved, Contractor's own error or negligence, or failure to examine Project site. Lack of knowledge of conditions pertaining to Work shall not relieve Contractor from performing Work required to complete performance of Contract. PART 2- PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF DOCUMENT ISSUED FOR BIDS 001113 - 3 OF 3 ADVERTISEMENT FOR BIDS OAK PARK HEIGHTS CITY HALL DOCUMENT 002113 • INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes 1. Instructions to Bidders - AIA Document A701, 1987 Edition, is incorporated into this Project Manual by reference. For information on the various types of AIA Documents, contact Architect. PART 2- PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF DOCUMENT • ISSUED FOR BIDS 002113 -1 OF 1 INSTRUCTIONS TO BIDDERS • OAK PARK HEIGHTS CITY HALL DOCUMENT 002213 SUPPLEMENTARY INSTRUCTIONS The following supplements modify, change, delete, from or add to the Instructions to Bidders, AIA Document A701, 1987 Edition. Where Article, Paragraph, Subparagraph or Clause is modified or deleted by these supplements, the unaltered provisions of the Article, Paragraph, Subparagraph or Clause shall remain in effect. ARTICLE 1 - DEFINITIONS Add the following new Subparagraph: 1.10 "Sub - subbidder is a person or entity who submits a bid to a sub- bidder for materials, equipment or labor for a portion of the Work." ARTICLE 2 - BIDDER'S REPRESENTATIONS Add the fallowing new Paragraph: 2.2 PERMITS, FEES AND OTHER CHARGES 2.2.1 "The Contractor shall secure and pay for the overall building permit, SAC (Sewer Access Charges), and Health department permit for the Project. The Owner will reimburse the Contractor for actual Cost of Building Permit and SAC. Each Bidder shall secure and pay for all permits and fees required by the Minnesota Building Code and Local Ordinances, including City Connection Charges and all similar use and utility charges, inspection fees, or costs levied by Jurisdictional and other Governmental Authorities and Agencies in regard to items pursuant to the completion of any part of the Work indicated or specified in the Contract Documents." • ARTICLE 3 - BIDDING DOCUMENTS 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS Amend Subparagraph 3.2.2. to read as follows: 3.2.2 "Bidders and Sub - bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven (7) days prior to the date for receipt of Bids? Add the following new Subparagraph: 3.2.4 "Architect will not be responsible in any way for verbal answers to inquiries regarding meaning of Drawings and Project Manual." 3.3 SUBSTITUTIONS Add the following new Clause: 3.3.2.1. "Substitutions: Except as the drawings and specifications may be modified (prior to the opening of bids) by Addenda, the successful contractor will be held to furnish bid for all work as specified. Substitutions will be allowed only by procedures described herein. Materials and articles of any kind necessary for this work are subject to the approval of the Architect and Architect's judgment and decisions shall be final and conclusive. The submission of the bid shall be taken as prima facia evidence of the Bidder's compliance with these instructions." ISSUED FOR BIDS 002213 -1 OF 4 SUPPLEMENTARY INSTRUCTIONS • OAK PARK HEIGHTS CITY HALL Add the following new Subparagraph: 0 3.3.5 "Prior approval of substitutions for specific materials, equipment and systems shall be obtained from the Architect. Materials, equipment and systems indicated in the Project Manual as "No Substitutions Allowed" will not be considered by the Architect? 3.4 ADDENDA Delete all of Subparagraph 3.4.4 and add the following: 3.4.4 "Each Bidder shall fill in the space provided on the Bid Proposal Form with the number of Addenda received. Omission of this information may cause rejection of the entire Bid." Add the following new Subparagraph: 3.4.5 "Interpretations or corrections of the Bidding Documents will be issued by the Architect only by Addenda. Interpretations or corrections given by other methods, such as verbal, will not be binding and Bidder shall not rely on such information." ARTICLE 4 - BIDDING PROCEDURES 4.1 FORM AND STYLE OF BIDS Delete all of Subparagraph 4.1.1 and add the following: 4.1.1 "Bids shall be submitted in duplicate on the Bid Form (Document 004113) bound in the Project Manual. Do not change the wording on the Bid Proposal Form, and do not add words to the Bid Proposal Form. Unauthorized conditions, limitations or provisions attached to the Bid may be cause for rejection of the Bid." Modify Subparagraph 4.1.5 to read as follows: 4.1.5 "All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change ". 0 Any deviation from the above in bidding shall be considered a bid irregularity. Should such an irregularity occur, the Owner shall exercise his rights under Article 5, acting in the Owners best interest in waiving the irregularity or rejecting the Bid." I Add the following new Subparagraph: 4.1.8 No facsimile, telegraphic, or electronic Bid or modification of a Bid will be considered. No Bids received after the closing time fixed for receiving them will be considered. Late Bids will be returned to the Bidder unopened." 4.2 BID SECURITY Delete all of Subparagraphs 4.2.1 and 4.2.2., as follows: 4.2.1 "No bid will be considered unless it is accompanied by a certified check or acceptable Bid Bond payable without conditions to the Owner, in an amount equal to five percent (5%) of the total Base Bid. The certified check or Bid Bond is a guarantee that the Bidder will enter into a Contract with Owner for the Work described in the Bidding Documents, and that he will furnish a Performance Bond and Payment Bond (Document 006100), and Certificates of Insurance as specified after notice by the Owner that Contracts have been awarded to him and are ready for execution." 4.2.2 The Bid Security of Bidders will be retained until the Contract has been awarded and executed. Add the following new Subparagraph: 4.2.4 "Each Proposal must be accompanied by Certified Check or Bid Bond acceptable to the Owner in an amount equal to five percent (5 %) of the Proposal, payable without condition to the Owner as a guarantee that the Bidder, if awarded the Contract will promptly execute such Contract in accordance with the Proposal and will furnish good and sufficient bond for the faithful performance of the Contract, is so specified. SUPPLEMENTARY INSTRUCTIONS 002213 - 2 OF 4 ISSUED FOR BIDS al OAK PARK HEIGHTS CITY HALL 4.4 MODIFICATION OR WITHDRAWAL OF BID Delete Subparagraph 4.4.1, and add the following: 4.4.1 "A Bid may not be modified, withdrawn or canceled by the Bidder for a period of sixty (60) days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting his Bid? ARTICLE 5 - CONSIDERATION OF BIDS 5.1 OPENING OF BIDS Add the following new Subparagraph: 5.1.2 "Any Bidder may be required to furnish evidence satisfactory to the Architect that the Bidder and proposed subcontractors have sufficient means and experience in the type of Work called for to assure completion of the Work as indicated on the Contract Documents in a satisfactory manner. Failure to provide satisfactory evidence shall be cause for disqualification of the Bidder." 5.1.3 Owner shall also reject any Bid from Bidder that has not qualified through the City's prequalification of Bidders process. 5.3 ACCEPTANCE OF BID (AWARD) Add the following new Subparagraph: 5.3.3 "The Owner reserves the right to award Contracts for a period of sixty (60) days after receipt of the Bids." ARTICLE 6 - POST -BID INFORMATION 6.1 CONTRACTOR'S QUALIFICATION STATEMENT • 1111 Amend Subparagraph 6.1.1 to read as follows: 6.1.1 "Bidders to whom award of Contract is under consideration shall submit to the Architect, upon request, evidence satisfactory to Architect, that Bidder has the experience necessary to construct a building of this type in a responsible and professional manner and that supervisory personnel will be assigned to the project who have demonstrable qualifications to manage, supervise, and coordinate a Project of this type and scope." Add new Subparagraph 6.1.2 as follows: 6.1.2 "Selected Bidders may be required to furnish additional cost information and any other information the Architect may request. Such information shall be furnished within five (5) calendar days from the date of request, and in the form prescribed by the Architect? ARTICLE 7 - PERFORMANCE BOND AND PAYMENT BOND 7.1 BOND REQUIREMENTS Delete Subparagraph 7.1.1 in its entirety, and substitute: 7.1.1 "The Contractor shall pay the premium for and furnish Performance Bond and Payment Bond (Document 006100) in the amount of the Contract, and payment to cover faithful performance of Contract and payment of all obligations arising thereunder. The bond shall be in force during the construction period and for one (1) year guarantee period following. The Bonding Company shall be approved by the State of Minnesota to carry on business in Minnesota. Premium cost of Bonds shall be included in the Contractor's Base Bid." ISSUED FOR BIDS 002213 - 3 OF 4 SUPPLEMENTARY INSTRUCTIONS OAK PARK HEIGHTS CITY HALL ARTICLE 9 - OBLIGATION OF BIDDER 9.1 EXAMINATION OF SITE AND DOCUMENTS 9.1.1 "Each Bidder is obligated to thoroughly examine and study all Contract Documents, Bid and Contract Forms, and Bidding Requirements, and to visit the Project site, to fully inform himself as to all conditions, requirements and other factors which will affect his bid or execution of the Work under the Contract Documents. By submitting a Bid, the Bidder represents that he has made such examination and study, that he understands the requirements of the Contract Documents and Bidding Requirements, that he is familiar with the project site, site conditions, and local conditions, and that his Bid is made in conformance with all requirements." 9.1.2 "In examining the Project site, the Bidder shall fully inform himself and record his own investigation as to the conditions of the site and surrounding area, locations and accessibility, existing utilities and features, relocations that might be necessary to accomplish the Work under the Contract, available facilities and difficulties that may be encountered therewith, other work that may be in progress thereon at the time the bid is submitted and other relevant matters which may affect his Bid or accomplishment of the Work under the Contract Documents." ARTICLE 10 - ALTERNATES 10.1 REINSTATEMENT OF ALTERNATE BID PROPOSAL 10.1.1 'The Owner reserves the right to reinstate any Alternate, rejected or accepted, at time of Contract award at the sum proposed by the successful Contractor, provided such reinstatement is made within sixty (60) days after the Bid Opening." END OF DOCUMENT SUPPLEMENTARY INSTRUCTIONS 002213 - 4 OF 4 ISSUED FOR BIDS 1 • EXHIBIT D Re: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Contents: Contractor's Bid Form and Bid Security: Jorgenson Construction, Inc. 9255 East River Road NW Coon Rapids, Minnesota 55433 • • OAK PARK HEIGHTS CITY HALL ' • DOCUMENT 0041'13 0 BID FORM - STIPULATED SUM , (SECOND REVISION) Bid Due Date: 31 March 2009 Architect's Project No. 0822 Project: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 • Owner: City of Oak Park Heights Architect: Buetow and Associates Inc. 14168 Oak Park Boulevard North 2345 Rice Street — Suite 210 Oak Park Heights, MN 55082 St. Paul, MN 55113 Contact: Eric Johnson, City Administrator BID FORM Jorgenson Construction Inc. (Naito of t h i n or cT m — pan -- y submiCting Std) -" -- ..... .. . ....... .......- .......... ... .. . .. ... . . .. . . . .. . .. ... o 9255 East River Road NW (Address of firm or company submitting Bid) Coon Rapids, MN 55433 (City, State, Zip Code) Steve Gansmoe, 763 - 784 -3877, f: 763- 784 -1583 0 (Contact Person, Telephone Number, Fax Number) ACKNOWLEDGEMENTS • Bidder, in compliance with Instruction to Bidders and Supplementary Instructions for Project, having fully examined Bidding and Contract Documents prepared by Architect noted above, dated 27 February 2009, has personally inpsected actual location of Work and availability of materials and labor, and hereby proposes to provide labor, materials, tools, equipment, manchlnery, equipment rental, transportation, superintendence, to perform Work, to provide services, and to construct Work per Contract Documents at Sum stated below. . Bidder, in submitting this Bid, certifies that Bid is based upon careful examination of Project Manual and Drawings and waives all rights to plead misunderstanding. Bidder, in submitting this Bid, understands that Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received, and to accept any Alternates) in any order of combination. Bidder hereby acknowledges receipt of the following Addenda numbered 1 , 2 , and 3 . Modifications to Bid Documents noted therein have been considered and costs thereto are included in Base Bid Sum. Bidder agrees to fumish bonds and insurance required by Bidding and Contract Documents. • ISSUED FOR BIDS 004113 -1 OF 4 BID FORM - STIPULATED SUM OAK PARK HEIGHTS CITY HALL , BASE sip 410 Bidd agrees to perform Work indicated In Contract Documents. Indicate amount In both words and figures: • Bidder agrees that this Base Bid will be good and may not be withdrawn for a period indicated in Document '' 001113 — Advertisement for Bids. In case of discrepancy, amount shown In words will govern. Stipulated Lump Sum Bid for general construction, including civil, landscaping, mechanical, electrical, and fire protection Work for Base Bid for Sum of: (Num er) (•escr pion. Le. LANE . HOUSAN IOL ID NO CENTS) .44.0 ' 6 / levied by Federal, State, or municipal government, user fees, and surcharges, are included in Base Bid Sum unless indicated otherwise. CONTRACT TIME Notice to Proceed will be given by Owner, but not before Owner receives and accepts signed Contract, Contractor's Performance Bond, and Insurances. The undersigned agrees, if awarded the Contract, to substantially complete the Contract within 0 days from the date of award of the Contract. UNIT PRICES Refer to Section 012200 for complete description of Unit Prices. iskinit Price No. A. Additional Excavation ($ ) t it _ . , 1 — �."""' per cubic yard. • (Number) (Des g +lion. Le. *NE THOUSAND DOLLAR AND NO CENTS) • Unit Price No. B. Additional Fill Material ($ '7` ) � a_f . 1 � ) cubic yard. (Number) (y esc •iption. Le. ONE THOUSAND DOLLA ^S AND NO GENTS) ' Unit Price No. C. Additional Compaction ($ ,; .0 ) _ f j - - . per cubic yard. (Number) (Desc on I.00 E THOUSAND DOLLARS AND NO CENTS) • Unit Price No. D. Additional Drilling (Geothermal Wells) through natural soils. or lineal foot. (number) (Description i.e. ONE THOUSAND DOLLARS AND NO CENTS) Unit Price No. E. Additional Drilling (Geothermal Wells) through bedrock. ($ 1 #• _ _ A _ : 1 .. _ per lineal foot. • (number) •escription L. ONE THOUSAND DOL ',S AND NO CENTS) • BID FORN,i - STIPULATED SUM 004113 -2 OF 4 ISSUED FOR BIDS " . ALTERNATES Refer to Section 012300 for complete description of Alternates. i Alternat�__No.1. nt Provisio , indow blinds where delineated on Drawings and in Section 012300. ($ T f " ' " 7 : 94 : 2 ') 4 t t a .r" — 1 1 4 4 1 1 --,,........,. 1 (Number) (D s Option. Le. ONE THOUSAND DOLLARS AND NO CENTS) Alternate No. 2. Provisio •r marker boards and tackboards where delineated on Drawings and in Section -� 01230!. y , ($ i t 0 40. ) .f. .,,t . d .L, - ---- (Number) sescription. i.e. ONE THOUSAND DOLLARS AND NO CENTS) • Alternate No. 3. Provision f' r bonded terrazzo flooring and base where delineated on Drawings and in Sectio , • , ;,,,re i. ($ + A3, 000) ,- UitAx (, c-c- o /-- . (Number) (Description. i.e. 0 THOUSAND DOLLARS AND NO CENTS) Alternate No. 4. Provisi for flag poles and ground lighting where delineated on Drawings and in S e ($ 1 .) i 01- , --- "__ (Number) (Description. i.e. ONE THOUSAND DOLLARS AND NO CENTS) Alternate No. 5. Provisiometal lockers where delineated on Drawings and in Section 012300. ($ c2I TOOL ) i __,,,,e_„,,_./ -, . .4_-_,,....,,, 4. i' - A.tq/._.... (Number) (Description. i.e. ONE THOUSAN•4OLLARS AND NO CENTS) Alternate No. 6. Provision fo fluorocarbon finishes on aluminum materiats where delineated on Drawings and + in�Seco !412300. • ($ 1 11 ) ' r . -� �,c.....f_} : / , `" i .4- 1.,.tau c0 (Number) (Description. i.e. ONE THOUSAND DOLLA` AND NO CENTS) Alternate No. 7. Provisio for fixed exterior wood windows where delineated on Drawings and in Se ($ t b D ' S fr -:r,A 4-e 1✓ (Number) (Description. i.e. ONE THOUSAND DOLLARS AND NO CENTS) Alternate No. 8. Provision for demolition and construction of Pub' .W rks Garage where delineated on Dra ings .,.i . ; tec ' • n.012300. (Number) 1 © . °6 escrIlion. i.e. ONE THOUSAND DOLLARS AND 0 CET 5) j + Alterna_�e No. 9. Provision umidification System where delineated on Drawings and in Division 15. ($ '��1 Cat " .'.- ' 1 - .2-.1 ii -.,`. . 4- .; ,)( � --�- (number) (Description Le. ONE THOUSAND DOLLARS AND NO CENTS) Alternate No. 10. Provision for Porcelain Tile flooring, base and walls where delineated on Drawings and in Secton 093000. jd ($ '351000) �P., } *(,'t,'r`a °''''l "/ ..-' s (number) (Description i.e. ONE THOUSAND DOLLARS AND NO CENTS) Alternate No. 11, Provisiclior flooring and base where delineated on Drawings and in Section 093000. • 4 ($ { • ‘ (number) ; - (DUcription i.e. ONE THOUSAND DOLLARS AND NO CENTS) mil FORM - STIPULATED SUM 004113 - 3 OF 4 ISSUED FOR BIDS OAK PARK HEIGHTS CITY HALL • BIDDER IDENTIFICATION THE UNDERSIGNED is X incorporated in the State of Minnesota Jorgenson Construction Inc. a Partnership Stanley M. Jorgenson, President a Proprietorship Bonnie L. Jorgenson, Corporate Secretary LEGAL NAME OF PERSON, FIRM, OR CORPORATION Legal Company Name: Jorgenson Construction Inc. B Bonnie L. Jorg . Corporate Seal Signed: Alt Ik.__ A t t ( ignature of Aut orized Sig n 0 er) Title: Corporate Secretary Company Address: Jorgenson Construction Inc. 9255 East River Road NW Coon Rapids, MN 55433 . lb License No.: not applicable END OF DOCUMENT 41 131D FORM - STIPULATED SUM 004113 - 4 OF 4 ISSUED FOR BIDS Bond No._._____._-_._.- .._ --_ -_ F and Depos C ompany POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 SID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Jorgenson Construction ___ • ...____ _, as Principal, (hereinafter called the "Principal "), and the FIDELITY AND DEPOSIT COMPANY OP MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety "), are held and firmly bound untoity of Oak Park Heights, Minnesota__ __ _ • ...__________as Obligee, (hereinafter called the "Obligee "), in the sum o fFive Per Cent 5°/1 of Amount Bid __ ____ _Dollars ($ % I..-- _ _— ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Oak Park Heights CiV Hall w __. __ 14168 Oak Park Blvd N, Oak Park Heights, MN 55082 art OW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st_ �__day o (March A. D., 2009 Ifrtf Jorgenson Construction_. Inc. _�__.� _ . _(SEAL) 6itivui a ~� Principal Witness Bonnie L. Jorgens•. , . 'orate Secret FIDELITY AND DEPOS COMP • 0 ' MARYLAND 6 rely ._...._- _--------- __ ---- -- - -- - -- ....._ -- ____ - -- B -_. - ... ..6. a • y _ __ ........... ... ._ ...._._ _ . _____ w (SEAL) Witness M.A. Jones, Atto r s •y in -fact Title C325f -50M, 7-92 Conforms to American Institute of Architects Document A -310, February 1970 Edition. • r CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA . COUNTY OF ANOKA On the 31st day of March 2009 . before me personally appeared , Bonnie L. Jorgenson to me, who being duly sworn, did depose and say: that s/he resides in Andover, MN that s /he is the Corporate Secretary of the Jorgenson Construction, Inc. the corporation described in and which executed the foregoing instrument; that s /he knows the seal of said corporation; that the seal affixed t� 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. ,,ilitti. l - 4%4:4.) (SEA SANDRA M. FISH 3 ,6;t{ P kai,. NOTARY PUBLIC MINNESOTA Notary Public � t o i , My Comm Exp Jan. 31, 2010 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Ramsey On the 31st day of March , 2009 before me personally appeared, M.A. Jones to me known, who being 0 duly sworn, did say: that s/he resides in Minnesota that s /he is the aforesaid officer or attorney in fact of Fidelity and Surety Company of Xary7 mad a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) F NICOLE MARIE COTY . ( 4 .11_, 04___ ' t�%c - -- ' Notary Public-Minnesota Notary P 6tic j___'-W+ My Commission Expires Jan 31, 2014 d ______ r - • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND • KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law t id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff- :t r i E : #. � reof, does hereby nominate, constitute and appoint Litton E. S. FIELD, LD, JR., M. A. JO . r t llr� , ` O of St. Paul, Minnesota, EACH its true and lawful agent and Attorney -in- - r I ' ute . ":d or, and on its behalf as surety, and as its act and deed: any and all bon ' - . t g s • „ ,. �: such bonds or undertakings in pursuance of these presents, shall be as b' wag .. is ' o .. ��+ Z� .�Y. .ly, to all intents and purposes, as if they had been duly executed and ac l+ - gar' a.. e relit 1. Alb o' ers of the Company at its office in Baltimore, Md., in their own proper pe p.. .f o:. � - 3 . � +.. issued on behalf of Litton E. S. FIELD; JR., M. A. JONES, F. E. LAUNSTEIN, N.. O [ �:r- .a 1, 2004. The said Assistant . w•4 %�e certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- rs . said Company, and is now in force. IN WITNESS WHEREOF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of January, A.D. 2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND }gy AfPo a 4P R V !• q Wow (�JJ By: Gregory E. Murray Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore f On this 30th day of January, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to ,be the individuals and officers described in and who executed the preceding instrument, and they each aclmowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. , t n tq� �. t2ti1 � •• i i 9)to.}1,,;(.49. Itit�t Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 184 -8843 r -- i EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND • "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN 'TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, • 31st March 2009 this day of Assistant Secretary P 410 MINUTES OF FIRST MEETING OF BOARD OF DIRECTORS OF JORGENSON CONSTRUCTION, INC. The first meeting of the Board of Directors of Jorgenson Construction, Inc. was held in the City of East Bethel, County of Anoka, State of Minnesota, at 1:00 p.m. on April 1, 1983. Stanley M. Jorgenson, the director, was present. Stanley M. Jorgenson was chosen Chairman of the meeting. Bonnie L. Jorgenson was chosen Secretary of the meeting. The Chairman stated that the first order of business was the election of officers. The following persons were nominated for the offices set forth after their respective names to serve until their successors are duly elected and qualified: Stanley M. Jorgenson - Chief Executive Officer Bonnie L. Jorgenson - Chief Financial Officer No further nominations being made, the nominations were closed and a vote taken. The Chairman announced that the aforesaid persons had been duly elected to the offices set forth after their respective names to serve until their successors are duly elected and qualified. On motion duly made and seconded, the following resolutions were unanimously adopted: RESOLVED, that the form of Stock Certificate submitted to this meeting be adopted as the form of Stock Certificate of this Corporation and that the Chief Executive Officer and Chief Financial Officer are hereby authorized to issue said certificates on behalf of the Corporation. i . , FURTHER RESOLVED, that this plan shall be and remain in full force 410 and effect from the date hereof for a period of twenty -three months thereafter or the date on which the last share of the Corporation subject to this plan is issued, and shall thereafter terminate. FURTHER RESOLVED, that this resolution shall not be deemed to be authorizing a public offering or sale of the securities except in accordance with the provisions of State and Federal laws relating to the public sale and offering of securities. FURTHER RESOLVED, that this plan is adopted pursuant to the provi- sions of Section 1244 of the Internal Revenue Code of the United States. There being no further business, on motion duly made and seconded, the meeting was adjourned. Chie E c i ve i fi 0 1 Attest: 7,,u4.1. c`,1- tC6&.4244,/ i ef Financial Of 'cer 4 4110 r • ACTION IN WRITING OF BOARD OF DIRECTORS OF JORGENSON CONSTRUCTION INC. The undersigned, being the sole member of the Board of Directors of Jorgenson Construction Inc., a Minnesota corporation, acting pursuant to the provisions of Minnesota Statutes, in lieu of a meeting of the Board Of Directors of this corporation, do hereby adopt the following resolutions, effective January 1, 2000: RESOLVED: that the following persons are nominated and unanimously elected to the offices set forth after their names, to serve until their successors are duly elected • and qualified: Stanley M. Jorgenson — Chief Executive Officer Bonnie L. Jorgenson — Chief Financial Officer Dwayne B. Kanne — Vice President qh Std or on -, hi Executive Officer O NAAW / , o nnie L. Jorgenson - Chiefl7inand al Officer Dwayne B. itanne — Vice - President Dated: 1/2 /2000 • ' — 9255 EAST RIVER ROAD N.W. COON RAPIDS, MN 55433-5722 • (763) (763)7844583 LETTER OF TRANSMITTAL JORGENSON CONSTRUCTION INC. TO: CITY OF OAK PARK HEIGHTS BOX 2007 DATE 4/23/09 Jos No. OAK PARK HEIGHTS, MN 55082 ArrN: ERIC JOHNSON, CITY ADMINISTRATOR RE: CITY HALL FACILITY — CONTRACT DOCUMENTS WE ARE SENDING YOU: ATTACHED fl UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: Ei SHOP DRAWINGS 0 PRINTS E PLANS 1:1 SAMPLES 0 SPECIFICATIONS COPY OF LETTER E CHANGE ORDER OTHER NUMBER OF COPIES DATE DESCRIPTION 4 4/15/09 AGREEMENT BETWEEN OWNER AND CONTRACTOR 4 4/21/09 PERFORMANCE & PAYMENT BONDS #08482445 4 4/20/09 CERTIFICATE OF INSURANCE • THESE ARE TRANSMITTED AS CHECKED BELOW: E FOR APPROVAL El APPROVED AS SUBMITTED L RESUBMIT COPIES FOR APPROVAL ri FOR YOUR USE L APPROVED AS NOTED fl SUBMIT COPIES FOR DISTRIBUTION As REQUESTED D RETURNED FOR CORRECTIONS LI RETURN CORRECTED PRINTS n FOR REVIEW AND COMMENT fl 0 FOR BID'S DUE n PRINTS RETURNED AFTER LOAN TO US REMARKS: a i r TO: SIGNED: SANDY FISH, ADMIN ASST ' .` • C of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 April 20th, 2009 Ms. Bonnie L. Jorgenson Jorgensen Construction, Inc. 9255 East River Road Coon Rapids, MN 55433 RE: City Hall Facility - Contract Documents. Dear Bonnie: Enclosed herewith are four (4) copies of the Agreement for the above project. It is dated 4/15/09. Please sign each copy and return same to my attention as soon as possible. Upon our subsequent signatures, I will provide you a final original version for your files. Tha Y• Eric John City inistrator Cc: Randy Engel, el - Buetow & Associates Weekly Notes BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY -■ 2345 Rice Street Suite 210 St. Paul. Minnesota 55113 • Letter of Transmittal: To: City of Oak Park Heights Date: 4/14/09 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Attn: Eric A. Johnson, AICP, City Administrator Project Number: 0822 Project Name: New City Hall The following items are enclosed and sent via: Mail FedEx Fax 1 hour Courier 3 hour Courier x Delivered - Copies Number Description 2 AIA Standard Form of Agreement Between Owner and Contractor. • If this contract meets with your approval, please forward both copies to Jorgenson Construction for signature and return. Please send Buetow one fully executed copy when all signatures are obtained. Thank you Remarks Copies to: Transmittal Enclosure Signed: Randy Engel • tel 651 483 -6701 fax 651 483 -2574 www.buetowarchitects.com 1 1 T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S • • AIA Document A101 Standard Form of Agreement B tween Owner and Contractor where the basis of payment is a . STIPULATED SUM • 1987 EDITION • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated Gerieral Contractors of America. • AGREEMENT made as of the Fifteenth day of April in the year of • NammNI=Himmdmixmck Two Thousand and Nine (2009) BETWEEN . the Owner: city of Oak Park Heights (Name and address) 14168 Oak - Park Boulevard North - - Oak Park Heights, MN 55082 • • and the Contractor: Jorgenson Construction, Inc. • (Name and address) 9255 East River Road NW Coon Rapids, MN 55433 • General Construction Work, Site Work, Mechanical Work The Project 1s: and Electrical Work (Name and location) . • Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 • The Architect is: (Name and address) Buetow & Associates, Inc. • 2345 N. Rice Street #210 • St: Paul, MN 55113 • The Owner and Contractor agree as set forth below. • • Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute ofArchi- tests, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101' • OWNER-CONTRACTOR AGREEMENT • TWEI, !'H EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 1 • ARTICLE 1 • THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;-these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 • • THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: The Owner may utilize the services of its own s taff and vendors during the course of this project including, but not limited to: organizations and /or individuals that furnish and install furniture, workstations, appliances, voice /data equipment, office equipment, radio communications, telecommunications, security cameras and storage equipment. • • • • ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3,1 The slate of commencement is the date from which the Contract Titne of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of ibis Agreement or, if applicable, state that the slate will be fixed in a notice to proceed,) Contractor, shall commence work on the date stated in a Notice to Proceed to be issued by the Owner. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. • 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (insert the calendar dale or number of calendar days after lbe dale of coznzzzencement. Also insert any requirements for earlierS•ubstantial Completion of cer- tain portions of the Work, if not slated elsewbere in the Contract Documents.) Four hundred eighty(480) calendar days from the Notice to Proceed issued by the Owner. Modifications to the Substantial Completion date can only . be achieved by Change Order and /or by Construction Change Directive issued by the Owner to the General Contractor. ,,subject to adjustments of this Contract Time as provided in the Contract Documents. • . (Insert provisions, if any, for liquidated damages relating to failure to complete cm tune) • Liquidated damages apply per Section 007300 Supplementary Conditions .paragraph 9.11 Liquidated Damages. • AM DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTb1 EDITION • ALA • ©1987 • THE AMERICAN INSTITUTE OF ARCHI'T'ECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 2 WARNING: Unlicensed photocoovinn vinIstnc I i . 410 . ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Six Million Three Hundred Fifty Eight Thousand Five Hundred; and 00 /100 -- Doll ($ 6, 358, 500.00 ), subject to additions and deductions as provided in the Con- tract Documents. • 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Document's and are hereby accepted by the Owner: (Slate the numbers or other Identification of accepted alternates. 1f decisions on other alternates are to be made by tbe Owner subsequent to tbe execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Base Bid: $6,319,000.00 • Alternate Number 1 (Window Blinds): $4,000.00 Alternate Number 2 (Markerboards and Tackboards): $7,000.00 Alternate Number 4 (Flag Pole and Lighting): $7,000.00 Alternate Number 5 (Lockers): $2,500.00 Alternate Number 7 (Wood Windows): $3,000.00 • Alternate Number 9 (Humidification System): $16,000.00 $6,358,500.00 • • NOTE: The Owner shall have the right to accept or reject any or all Alternates identified in the Construction Documents in any combination and the right to accept or reject the respective costs for any or all Alternates (those costs are described in the attached Contractor's Bid Form). These rights • shall be valid and available to the Owner until and including May 30, 2009 and, in the case of Alternate No. Eight, these rights shall be valid and available to the Owner until and including July 29, 2009. 4.3 Unit prices, if any, are as follows: A. Additional Excavation ' $4.50 per cubic yard • .B. Additional Fill $7.50 per cubic yard C. Additional Compaction $.50 per cubic yard - D: - Drilling through Natural Soils $11.00 per lineal - foot E. Drilling through Bedrock $27.00 per lineal foot • • AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 3 • 0 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the . Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and . elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, l`: Submit each and every Application For Payment in duplicate. • 5.3 Provided an Application for Payment is received by the Architect not later than the -- First (1st) - -- day of a month, the Owner shall make payment to the Contractor not later than the Thirtieth (30th) day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made .by the Owner not later than ----Thirty - -- -- (30) — days after the Architect receives the Application for Payment. , 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indidate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. • • 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Suin properly allocable to completed Work as determined by multiplying the percentage -completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( - -- 5 - -- %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; j 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( - -- 5 - -- %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: . • 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Zero percent ( - -- 0 - -- %) of the Contract Suin, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: at 1! Is intended prior to Substantial Completion of the entire Work, to reduce or limit We retainage resulting front the percentages Inserted In Subpara- graphs 5.6.1 and 5.6,2 above, and this is 001 explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) No reduction no limitation of retainage prior to achieving Substantial Completion. • Retainage percentage shall be applied toward all sums payable to the Contractor. • MA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 T1IE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 4 t r ARTICLE 6 FINAL PAYMENT Final payment, the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, If any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment,xxx • • • • • ARTICLE 7 MISCELLANEOUS PROVISIONS • 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. "7.2 -Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) Provided in applicable Minnesota Statutes including 549.09. • (Usury laws and requirements under the Federal Truth in Lending Ac, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: Per Section 00730 Supplementary Conditions: Equal Employment Requirements shall apply per paragraph 007336 and Wage. Rate Requirements (Prevailing Wages) shall apply per paragraph 007343. • • ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al 01r1 987 5 • • ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 27, 2009 , and are as follows: Document Title Pages Section 007300 Supplementary Conditions Nine (9) • • 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Pages (Refer to the Table of Contents - volume 1 and table of Contents - volume 2 excerpted from the Project Manual, dated February 27, 2009 attached hereto as Exhibit A and as modified in Addenda). • • A!A DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al 01 - AR7 , 1 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date (Refer to the Schedule of Drawings excerpted from the Drawings dated February 27, 2009 referenced hereto as Exhibit B and as modified by Addenda). • • 9.1.6 The addenda, if any, are as follows: Number Date Pages Addendum Number One March 13, 2009 Fifty (50) Addendum Number Two March 24, 2009 Fifty -Six (56) Addendum Number Three March 26, 2009 Forty -Seven (47) • Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List bere any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Refer to attached Exhibit C: Advertisement for Bids, Instructions to Bidders and Supplementary Instructions. Refer to attached Exhibit D: Contractor's Bid Form and Bid Security. • • ' I This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER City of Oak Park Heights CONTRACTOR Jorgenson Construction, Inc. (Signature) (Signature) (Printed name and title) (Printed name and title) AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 8 • EXHIBIT A Re: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Contents: Table of Contents — Volume 1 (2 pages) Table of Contents — Volume 2 (1 page) (Note: Refer also to Addenda for any and all modifications to Table of Contents) • OAK PARK HEIGHTS CITY HALL DOCUMENT 000110 TABLE OF CONTENTS - VOLUME 1 DIVISION 00 — PROCUREMENT AND DIVISION 02 — EXISTING CONDITIONS CONTRACTING REQUIREMENTS 024119 Selective Structure Demolition INTRODUCTORY INFORMATION DIVISION 03 - CONCRETE Cover Sheet 030100 Rehabilitation of Concrete 000101 Project Directory 033000 Cast -in -Place Concrete 000105 Certification Page 034113 Precast Concrete Hollow Core Planks 000110 Table of Contents DIVISION 04 - MASONRY PROCUREMENT REQUIREMENTS 001113 Advertisement 042000 Unit Masonry Assemblies 0113 d ement For Bids 042300 Glass Unit Masonry Assemblies 002113 A Instructions to Bidders Stone 044300 002213 Supplementary Instructions 003100 Available Project Information 047200 Caast st Stone Masonry Masonry 004113 Bid Form - Stipulated Sum DIVISION 05 - METALS 004513 Bidder's Qualifications 051200 Structural Steel Framing CONTRACTING REQUIREMENTS 052100 Steel Joist Framing 005213 Agreement Form — Stipulated Sum 054 C Decking • 006211 Submittal Transmittal Form 05400 00 00 Cool I d- Formed Metal Framing 007213 General Conditions — Stipulated Sum 055000 Metal Fabrications 007300 Supplementary Conditions 0552211 3 055 Meta Stars 3 Pipe e and Tube Railings 007336 Equal Employment Requirements 055300 Metal Gratings 007343 Wage Rate Requirements DIVISION 01 - GENERAL REQUIREMENTS DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES 011100 Summary of Work 061000 Rough Carpentry 012200 Unit Prices 061600 Sheathing 012300 Alternates 061629 Acoustical Underlayment 012500 Substitution Procedures 064023 Interior Architectural Woodwork 012600 Contract Modification Procedures 066116 Solid Surfacing Fabrications 012900 Payment Procedures 066413 Fiberglass- Reinforced- Plastic Panels 013100 Project Management and Coordination 013200 Construction Progress Documentation DIVISION 07 - THERMAL AND MOISTURE 013300 Submittal Procedures PROTECTION 014000 Quality Requirements 014200 References 071113 Bituminous Dampproofing 015000 Temporary Facilities and Controls 071326 Self- Adhering Sheet Waterproofing 016000 Product Requirements 072100 Thermal Insulation 017300 Execution 072129 Sprayed Insulation 017419 Construction Waste Management and 074113 Metal Roof Panels Disposal 075113 Built -Up Asphalt Roofing 017423 Sample Waste Management Plan BUR Roof Warranty 017700 Closeout Procedures 076200 Sheet Metal Flashing and Trim 017823 Operation and Maintenance Data Sheet Metal Warranty 017839 Project Record Documents 078413 Penetration Firestopping 079200 Joint Sealants • ISSUED FOR BIDS 000110 - 1 OF 2 TABLE OF CONTENTS - VOLUME 1 OAK PARK HEIGHTS CITY HALL • DIVISION 08 - OPENINGS DIVISION 12 - FURNISHINGS 081113 Hollow Metal Doors and Frames 122113 Horizontal Louver Blinds 081416 Flush Wood Doors 083113 Access Doors and Frames DIVISION 14 - CONVEYING EQUIPMENT 083319 Coiling Wood Door 083613 Sectional Doors 142400 Hydraulic Elevators 084113 Aluminum Entrances and Storefronts 084413 Glazed Aluminum Curtain Walls 085113 Aluminum Windows END OF DOCUMENT 085200 Wood Windows 085619 Pass Windows 086300 Metal- Framed Skylights 087100 Door Hardware 087111 Door Hardware Sets 087113 Automatic Operators 088100 Glass Glazing DIVISION 09 - FINISHES 092119 Gypsum Board Shaft Wall Assemblies 092216 Non - Structural Metal Framing 092400 Portland Cement Plastering 092900 Gypsum Board 093000 Tiling 095100 Acoustic Ceilings 095426 Wood Ceilings 096513 Resilient Base and Accessories 096619 Terrazzo Floor Tile 096813 Tile Carpeting 096816 Sheet Carpeting 097200 Wall Coverings 097723 Fabric - Wrapped Panels 099000 Painting and Coating 099300 Staining and Transparent Finishing DIVISION 10 - SPECIALTIES 101100 Visual Display Surfaces 101400 Signage 102113 Toilet Compartments 102613 Wall and Corner Protection 102813 Toilet Accessories 104413 Fire Extinguisher Cabinets 104416 Fire Extinguishers 105113 Metal Lockers 105500 Postal Specialties 105600 Storage Assemblies 107113 Exterior Sun Control Devices 107316 Canopies 107500 Flagpoles DIVISION 11 - EQUIPMENT 111900 Detention Equipment — Evidence Lockers 115900 Exhibit Equipment • TABLE OF CONTENTS - VOLUME 1 000110 - 2 OF 2 ISSUED FOR BIDS ' OAK PARK HEIGHTS CITY HALL • DOCUMENT 000110 TABLE OF CONTENTS - VOLUME 2 DIVISION 15 - MECHANICAL DIVISION 17 — LOW VOLTAGE 15010 Mechanical General Provisions 17050 Basic Electrical Materials and Methods 15050 Basic Materials and Methods 17700 Audio - Visual Systems 15200 Noise, Vibration, and Seismic Control 17721 Fire Alarm Systems 15250 insulation 17724 Security 15310 Compressed Air System 17741 Voice and Data Cabling Systems 15350 Natural Gas Piping 17770 Public Address and Music Systems 15401 Domestic Water System 17780 Cable Television Systems 15405 Soil and Waste Piping 17781 Closed Circuit Television Systems 15406 Rainwater Drainage System 15450 Plumbing Fixtures and Trim 15501 Fire Protection DIVISION 31 — EARTHWORK 15601 Hot Water Heating System 15702 Chilled Water System 311000 Site Clearing 15766 Infrared Heaters 312333 Trenching and Backfilling 15801 Air Handling System 312500 Erosion Control 15825 Water Source Heat Pumps 313000 Geotextiles and Fabrics i 15826 Geothermal Ground Loop Design- 321000 Plant Mix Bituminous Pavement Build Specification 322000 Concrete Pavement 15830 Air Handling Units 322400 Pavement Striping 15840 Air Distribution System 322600 Signs 15901 Temperature Control System (DDC) 325400 Modular Concrete Block Retaining Wall 15920 Gas Monitoring and Control System 325600 irrigation 15950 Electrical Wiring 325800 Landscaping 15975 Testing, Adjusting, and Balancing 331000 Water Distribution 333000 Sanitary Sewer 334000 Storm Drainage System DIVISION 16 - ELECTRICAL 16050 Basic Electrical Materials and Methods DIVISION 32 — EXTERIOR IMPROVEMENTS 16120 Conductors and Cables 16130 Raceways and Boxes 323123 Plastic Fences and Gates 16140 Wiring Devices 16195 Electrical Identification 16425 Switchboards DIVISION 33 — UTILITIES 16452 Grounding 16461 Dry-Type Transformers (1000V and 334600 Subdrainage Less) 16470 Panelboards 16475 Fuses END OF DOCUMENT 16476 Disconnect Switches 16478 Transient Voltage Suppression 16481 Motor Controllers 16495 Transfer Switches 16500 Lighting 16621 Packaged Engine Generators 16670 Lightning Protection 16740 Voice and Data Distribution System 16800 Systems 16915 Lighting Control Equipment III ISSUED FOR BIDS 000110 -1 OF 1 TABLE OF CONTENTS - VOLUME 2 EXHIBIT B Re: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Contents: Drawing Index (by reference) — Refer to Drawing Sheet A0.0 • (Note: Refer also to Addenda for any and all modifications to Schedule of Drawings) 4110 EXHIBIT C Re: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Contents: Document 001113 Advertisement for Bids (3 pages), Document 002113 Instruction to Bidders (1 page), AIA Document A701 (by reference) and Document 002213 Supplementary Instructions (4 pages) • (Note: Refer also to Addenda for any and all modifications to Advertisement for Bids, Instructions to Bidders and to Supplementary Instructions To Bidders) OAK PARK HEIGHTS CITY HALL • DOCUMENT 001113 ADVERTISEMENT FOR BIDS PART 1 - GENERAL 1.1 NOTICE TO BIDDERS A. Owner will receive sealed Bids for Prime Bid Category portions of Work described herein for General Construction for Oak Park Heights, at 2:00 pm local time, on 31 March 2009 at Bid location specified below. Work of this Project includes additions to and remodeling of existing Public Works Building, demolition of existing City Hall Building, site Work, and mechanical and electrical Work. B. Bids will be opened publicly and results will be read aloud. Abstract of Bids may be made available to Bidders. C. Submit sealed envelopes, addressed to the following, containing Bids marked "Oak Park Heights Bid" and address of Bidder: Bid Location: Oak Park Heights 14168 Oak Park Boulevard North Council Chambers Oak Park Heights, MN 55082 Telephone: 651.439.4439 1.2 METHOD OF CONTRACTING AND PROPOSED SCHEDULE A. Work will be constructed under a single stipulated lump -sum contract by Prime Contractor, herein S referred to as Contractor, as described by Contract Documents. 1.3 BIDDERS PRE - QUALIFICATION A. Owner is conducting a pre - qualification process for bidders. B. Owner will reject any Bid from Bidder that has not qualified through City's prequalification of Bidders process. 1.4 PRE -BID MEETING A. Mandatory Pre -Bid Meeting will be held prior to date required for submission of Bids. Bidders are required to attend in order to better understand Project, and for dissemination of information and clarification of intent of Bidding Documents. Questions and responses will be published in an Addendum following conference. Pre -Bid Meeting will be conducted in the Council Chambers of the existing Oak Park Heights City Hall located at Park Boulevard North. B. Mandatory Pre -Bid Meeting will be held on 17 March 2009. C. Architect will conduct pre -Bid Meeting at 2:00 pm to 3:30 pm local time. Owner will have a representative at meeting. D. Site Visitation: Bidders shall visit Project site to familiarize themselves with local conditions after checking in with Owner at Administrative Office before visiting Project site. Owner will maintain continuous occupancy during construction. ISSUED FOR BIDS 001113 - 1 OF 3 ADVERTISEMENT FOR BIDS OAK PARK HEIGHTS CITY HALL • 1.5 BIDDING REQUIREMENTS A. Submit certified check or acceptable Bidder's Bond payable to Owner in an amount equal to Five Percent (5 %) of Total Base Bid with each Bid per Instructions to Bidders. B. Successful Bidder will be required to furnish Performance Bond and Payment Bond (Document 006100) for Contracts totaling the value of the Construction Contract. C. Submit Bids that are typewritten or written legibly in ink on forms provided herein, and fill out applicable spaces on the forms. Unsigned bids will not be considered. D. Telephone proposals, fax proposals, electronic submittals, voluntary alternates and modifications will not be considered. E. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received, and to accept any Altemate(s) in any order or combination. No Bidder may withdraw their Bid within sixty (60) days immediately following date of Bid Opening and sixty (60) additional days in the case of Bid Alternate No. 8). F. City Council will consider award of Contract at either their regular meeting on 14 April 2009 or at a special meeting prior to 14 April 2009. 1.6 BIDDING DOCUMENTS A. Bidding Documents will be available for examination and distribution on or after 27 February 2009. Documents may be examined at: Builders Exchange of Rochester Reed Construction Data 108 Elton Hills Lane NW 30 Technology Parkway S - Suite 100 Rochester, Minnesota 55901 Norcross, GA 30092 Telephone: 507.282.6531 Telephone: 800.424.3996 Facsimile: 507.282.6351 Facsimile: 800.303.8629 www.reedbulletin.com McGraw Hill Construction 1401 Glenwood Avenue St. Cloud Builders Exchange Minneapolis, Minnesota 55405 110 6th Avenue South Telephone: 612.381.2290 St. Cloud MN 56301 -3621 Facsimile: 612.381.2295 Telephone: 320.252.5832 Facsimile: 320.251.0081 Minneapolis Builders Exchange 1123 Glenwood Avenue St. Paul Builders Exchange Minneapolis, Minnesota 55405 445 Farrington Street Telephone: 612.381.2620 St. Paul, Minnesota 55103 Facsimile: 612.381.2621 Telephone: 651.224.7545 Facsimile: 651.224.7549 MEDA Minority Contractor Plan Room c/o Franz Reprographics, Inc. Attention Bonnie Flikke) 2781 Freeway Blvd., No. 100 Brooklyn Center, MN 55430 -1753 Telephone: 763.503.9335 Facsimile: 763.503.3409 B. Bidders may obtain copies of Contract Documents at Office of Buetow and Associates Inc., 2345 Rice Street — Suite 210, St. Paul, MN 55113. C. Bidding and Contract Documents will be issued to Bidders on compact disc for use in computing devices. Cost of each disc is Twenty Dollars and No Cents ($20.00), which is non - refundable. Cost ADVERTISEMENT FOR BIDS 001113 - 2 OF 3 ISSUED FOR BIDS OAK PARK HEIGHTS CITY HALL • of disc includes packaging, handling, and mailing through United States Postal Service. Make payments to Buetow and Associates Inc. Include name of Bidder organization, street and mailing address, telephone number, fax number, and email address of recipient authorized to receive subsequent communications during Bidding period. 1. Compact disc will also be made available to other tier bidders including Subcontractors and material suppliers for same cost and under same conditions. D. Contracts for Work under this Bid will obligate Contractors and Subcontractors to maintain policies of employment under provisions of applicable Federal and State laws against discrimination, including Civil Rights Act of 1964 and Minnesota Statute 363. E. Within 10 days after notification in writing of the Owner's intent to award Contract, accepted Bidder will be required to enter into a Contract with Owner on Standard Form of Agreement Between Owner and Contractor (Document 005213). 1.7 SITE REVIEW A. Prior to submitting Bid for Work, Contractor is required and expected to have examined Project site and premises, and be thoroughly familiarized with existing conditions under which Contractor will be obligated to operate or which will in any way affect Work under this Contract. B. Bidders and Subbidders are further cautioned to become familiar with contents, alternates, revisions, addenda, General Conditions, Special Conditions, Technical Provisions of Specifications, Drawings, Work of other contractors, and work by Owner's vendors. Should Bidder find discrepancies or omissions in Bidding Documents, or should there be doubt as to intent, notify Architect at once, who may, if necessary, issue written instructions to Bidders. C. Notify Architect of apparent variances in Bidding Documents from conditions as they exist at Project site. Failure to comply with above requirements does not relieve Contractor of requirements of Contract Documents. D. No extras will be allowed because of Bidder's misunderstanding as to amount of Work involved, Contractor's own error or negligence, or failure to examine Project site. Lack of knowledge of conditions pertaining to Work shall not relieve Contractor from performing Work required to complete performance of Contract. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF DOCUMENT • ISSUED FOR BIDS 001113 - 3 OF 3 ADVERTISEMENT FOR BIDS OAK PARK HEIGHTS CITY HALL • DOCUMENT 002113 INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes 1. Instructions to Bidders - AIA Document A701, 1987 Edition, is incorporated into this Project Manual by reference. For information on the various types of AIA Documents, contact Architect. PART 2- PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF DOCUMENT • 110 ISSUED FOR BIDS 002113 - 1 OF 1 INSTRUCTIONS TO BIDDERS OAK PARK HEIGHTS CITY HALL DOCUMENT 002213 SUPPLEMENTARY INSTRUCTIONS The following supplements modify, change, delete, from or add to the Instructions to Bidders, AIA Document A701, 1987 Edition. Where Article, Paragraph, Subparagraph or Clause is modified or deleted by these supplements, the unaltered provisions of the Article, Paragraph, Subparagraph or Clause shall remain in effect. ARTICLE 1 - DEFINITIONS Add the following new Subparagraph: 1.10 "Sub - subbidder is a person or entity who submits a bid to a sub - bidder for materials, equipment or labor for a portion of the Work.' ARTICLE 2 - BIDDER'S REPRESENTATIONS Add the following new Paragraph: 2.2 PERMITS, FEES AND OTHER CHARGES 2.2.1 The Contractor shall secure and pay for the overall building permit, SAC (Sewer Access Charges), and Health department permit for the Project. The Owner will reimburse the Contractor for actual Cost of Building Permit and SAC. Each Bidder shall secure and pay for all permits and fees required by the Minnesota Building Code and Local Ordinances, including City Connection Charges and all similar use and utility charges, inspection fees, or costs levied by Jurisdictional and other Governmental Authorities and Agencies in regard to items pursuant to the completion of any part of the Work indicated or specified in the Contract Documents." ARTICLE 3 - BIDDING DOCUMENTS 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS Amend Subparagraph 3.2.2. to read as follows: - 3.2.2 "Bidders and Sub bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven (7) days prior to the date for receipt of Bids." Add the following new Subparagraph: 3.2.4 Architect will not be responsible in any way for verbal answers to inquiries regarding meaning of Drawings and Project Manual." 3.3 SUBSTITUTIONS Add the following new Clause: 3.3.2.1. "Substitutions: Except as the drawings and specifications may be modified (prior to the opening of bids) by Addenda, the successful contractor will be held to furnish bid for all work as specified. Substitutions will be allowed only by procedures described herein. Materials and articles of any kind necessary for this work are subject to the approval of the Architect and Architect's judgment and decisions shall be final and conclusive. The submission of the bid shall be taken as prima facia evidence of the Bidder's compliance with these instructions." ISSUED FOR BIDS 002213 -1 OF 4 SUPPLEMENTARY INSTRUCTIONS OAK PARK HEIGHTS CITY HALL 411 Add the following new Subparagraph: 3.3.5 "Prior approval of substitutions for specific materials, equipment and systems shall be obtained from the Architect. Materials, equipment and systems indicated in the Project Manual as "No Substitutions Allowed" will not be considered by the Architect." 3.4 ADDENDA Delete all of Subparagraph 3.4.4 and add the following: 3.4.4 "Each Bidder shall fill in the space provided on the Bid Proposal Form with the number of Addenda received. Omission of this information may cause rejection of the entire Bid." Add the following new Subparagraph: 3.4.5 "Interpretations or corrections of the Bidding Documents will be issued by the Architect only by Addenda. Interpretations or corrections given by other methods, such as verbal, will not be binding and Bidder shall not rely on such information." ARTICLE 4 - BIDDING PROCEDURES 4.1 FORM AND STYLE OF BIDS Delete all of Subparagraph 4.1.1 and add the following: 4.1.1 "Bids shall be submitted in duplicate on the Bid Form (Document 004113) bound in the Project Manual. Do not change the wording on the Bid Proposal Form, and do not add words to the Bid Proposal Form. Unauthorized conditions, limitations or provisions attached to the Bid may be cause for rejection of the Bid." Modify Subparagraph 4.1.5 to read as follows: 4.1.5 "All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change ". Any deviation from the above in bidding shall be considered a bid irregularity. Should such an irregularity occur, the Owner shall exercise his rights under Article 5, acting in the Owners best interest in waiving the irregularity or rejecting the Bid." Add the following new Subparagraph: 4.1.8 "No facsimile, telegraphic, or electronic Bid or modification of a Bid will be considered. No Bids received after the closing time fixed for receiving them will be considered. Late Bids will be retumed to the Bidder unopened." 4.2 BID SECURITY Delete all of Subparagraphs 4.2.1 and 4.2.2., as follows: 4.2.1 "No bid will be considered unless it is accompanied by a certified check or acceptable Bid Bond payable without conditions to the Owner, in an amount equal to five percent (5 %) of the total Base Bid. The certified check or Bid Bond is a guarantee that the Bidder will enter into a Contract with Owner for the Work described in the Bidding Documents, and that he will furnish a Performance Bond and Payment Bond (Document 006100), and Certificates of Insurance as specified after notice by the Owner that Contracts have been awarded to him and are ready for execution." 4.2.2 "The Bid Security of Bidders will be retained until the Contract has been awarded and executed. Add the following new Subparagraph: 4.2.4 "Each Proposal must be accompanied by Certified Check or Bid Bond acceptable to the Owner in an amount equal to five percent (5 %) of the Proposal, payable without condition to the Owner as a guarantee that the Bidder, if awarded the Contract will promptly execute such Contract in accordance with the Proposal 40 and will furnish good and sufficient bond for the faithful performance of the Contract, is so specified. SUPPLEMENTARY INSTRUCTIONS 002213 - 2 OF 4 ISSUED FOR BIDS OAK PARK HEIGHTS CITY HALL 4.4 MODIFICATION OR WITHDRAWAL OF BID Delete Subparagraph 4.4.1, and add the following: 4.4.1 "A Bid may not be modified, withdrawn or canceled by the Bidder for a period of sixty (60) days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting his Bid." ARTICLE 5 - CONSIDERATION OF BIDS 5.1 OPENING OF BIDS Add the following new Subparagraph: 5.1.2 "Any Bidder may be required to fumish evidence satisfactory to the Architect that the Bidder and proposed subcontractors have sufficient means and experience in the type of Work called for to assure completion of the Work as indicated on the Contract Documents in a satisfactory manner. Failure to provide satisfactory evidence shall be cause for disqualification of the Bidder." 5.1.3 Owner shall also reject any Bid from Bidder that has not qualified through the City's prequalification of Bidders process. 5.3 ACCEPTANCE OF BID (AWARD) Add the following new Subparagraph: 5.3.3 "The Owner reserves the right to award Contracts for a period of sixty (60) days after receipt of the Bids." • ARTICLE 6 - POST -BID INFORMATION 6.1 CONTRACTORS QUALIFICATION STATEMENT Amend Subparagraph 6.1.1 to read as follows: 6.1.1 "Bidders to whom award of Contract is under consideration shall submit to the Architect, upon request, evidence satisfactory to Architect, that Bidder has the experience necessary to construct a building of this type in a responsible and professional manner and that supervisory personnel will be assigned to the project who have demonstrable qualifications to manage, supervise, and coordinate a Project of this type and scope." Add new Subparagraph 6.1.2 as follows: 6.1.2 "Selected Bidders may be required to furnish additional cost information and any other information the Architect may request. Such information shall be fumished within five (5) calendar days from the date of request, and in the form prescribed by the Architect" ARTICLE 7 - PERFORMANCE BOND AND PAYMENT BOND 7.1 BOND REQUIREMENTS Delete Subparagraph 7.1.1 in its entirety, and substitute: 7.1.1 "The Contractor shall pay the premium for and furnish Performance Bond and Payment Bond (Document 006100) in the amount of the Contract, and payment to cover faithful performance of Contract and payment of all obligations arising thereunder. The bond shall be in force during the construction period and for one (1) year guarantee period following. The Bonding Company shall be approved by the State of Minnesota to carry on business in Minnesota. Premium cost of Bonds shall be included in the Contractor's Base Bid." • ISSUED FOR BIDS 002213 - 3 OF 4 SUPPLEMENTARY INSTRUCTIONS OAK PARK HEIGHTS CITY HALL ARTICLE 9 - OBLIGATION OF BIDDER 9.1 EXAMINATION OF SITE AND DOCUMENTS 9.1.1 Each Bidder is obligated to thoroughly examine and study all Contract Documents, Bid and Contract Forms, and Bidding Requirements, and to visit the Project site, to fully inform himself as to all conditions, requirements and other factors which will affect his bid or execution of the Work under the Contract Documents. By submitting a Bid, the Bidder represents that he has made such examination and study, that he understands the requirements of the Contract Documents and Bidding Requirements, that he is familiar with the project site, site conditions, and local conditions, and that his Bid is made in conformance with all requirements." 9.1.2 "In examining the Project site, the Bidder shall fully inform himself and record his own investigation as to the conditions of the site and surrounding area, locations and accessibility, existing utilities and features, relocations that might be necessary to accomplish the Work under the Contract, available facilities and difficulties that may be encountered therewith, other work that may be in progress thereon at the time the bid is submitted and other relevant matters which may affect his Bid or accomplishment of the Work under the Contract Documents." ARTICLE 10 - ALTERNATES 10.1 REINSTATEMENT OF ALTERNATE BID PROPOSAL 10.1.1 'The Owner reserves the right to reinstate any Altemate, rejected or accepted, at time of Contract award at the sum proposed by the successful Contractor, provided such reinstatement is made within sixty (60) days after the Bid Opening." • END OF DOCUMENT • SUPPLEMENTARY INSTRUCTIONS 002213 - 4 OF 4 ISSUED FOR BIDS 1 EXHIBIT D Re: Oak Park Heights City Hall 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Contents: Contractor's Bid Form and Bid Security: Y Jorgenson Construction, Inc. 9255 East River Road NW Coon Rapids, Minnesota 55433 I • _ • OAK PARK HEIGHTS CITY HALL 1 DOCUMENT 004113 BID FORM - STIPULATED SUM (SECOND REVISION) Bid Due Date: 31 March 2009 Architect's Project No. 0822 • Project: Oak Park Heights City Hall 14168 Oak Park Boulevard North • Oak Park Heights, MN 55082 Owner: City of Oak Park Heights Architect: Buetow and Associates Inc. 14168 Oak Park Boulevard North 2345 Rice Street — Suite 210 Oak Park Heights, MN 55082 St. Paul, MN 55113 Contact: Eric Johnson, City Administrator BID FORM Jorgenson Construction Inc. (Warne bffifnioPcoinpanysii6mifting Bid) -• •. • • • • ..__.._ " ....... ....... "__ .. _..... _ ".._ _ .... • 9255 East River Road NW (Address of firm or company submitting Bid) Coon Rapids, MN 55433 (City, State, Zip Code) Steve Gansmoe, 763 - 784 - 3877, f: 763 - 784 - 1583 (Contact Person, Telephone Number, Fax Number) ACKNOWLEDGEMENTS Bidder, in compliance with Instruction to Bidders and Supplementary Instructions for Project, having fully examined Bidding and Contract Documents prepared by Architect noted above, dated 27 February 2009, has personally inpsected actual location of Work and availability of materials and labor, and hereby proposes to provide labor, materials, tools, equipment, manchinery, equipment rental, transportation, superintendance, to perform Work, to provide services, and to construct Work per Contract Documents at Sum stated below. Bidder, in submitting this Bid, certifies that Bid is based upon careful examination of Project Manual and Drawings and waives all rights to plead misunderstanding. Bidder, in submitting this Bid, understands that Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received, and to accept any Alternate(s) in any order of combination. Bidder hereby acknowledges receipt of the following Addenda numbered 1 , 2 , and 3 . Modifications to Bid Documents noted therein have been considered and costs thereto are included in Base Bid Sum. Bidder agrees to furnish bonds and insurance required by Bidding and Contract Documents. • ISSUED FOR BIDS 004113 -1 OF 4 BID FORM - STIPULATED SUM • OAK PARK HEIGHTS CITY HA LL • BASE sip Bidder agrees to perform Work indicated in Contract Documents. indicate amount In both words and figures: Bidder agrees that this Base Bid will be good and may not be withdrawn for a period indicated in Document 001113 – Advertisement for Bids. In case of discrepancy, amount shown in words will govern. l i a eral construction, l mechanical, e ectrical and fire Stipulated Lump Sum Bid for g n action, including civil, landscaping, I protection Work for Base Bid for Sum of: (Nui er) ( escr p on. Le. ONE THOUSAN ► II OL iu ID NO CENTS) Taxes levied by Federal, State, or municipal government, user fees, and surcharges, are Included in Base id Sum unless Indicated otherwise. CONTRACT TIME Notice to Proceed will be given by Owner, but not before Owner receives and accepts signed Contract, Contractor's Performance Bond, and Insurances. The undersigned agrees, if awarded the Contract, to substantially complete the Contract within 48o days from the date of award of the Contract. UNIT PRICES Refer to Section 012200 for complete description of Unit Prices. Unit Price No. A. Additional Excavation • SV ($ ) — G'8, a a per cubic yard. • (Number) (Des 1:11,11,(.1 lion. Le. NE THOUSAND DOLLAR AND NO CENTS) • Unit Pride No. B. Additional Fill Material S'o ($ ) 1- j _ -_ .. 1,// ) --per cubic yard. (Number) (Description. i.e. ONE THOUSAND DOLLA ° S AND NO CENTS) • Unit Price No. C. Additional Compaction l i ($ .0 ) 1 r _ - : ,cam ---- .- ..j . ,per cubic yard. (Number) (Desorption i•. O; E THO SAND DOLLARS AND NO CENTS) Unit Price No. D. Additional Drilling (Geothermal Wells) through natural soils. ($. / t . ) • .� - ttz.t dit ' / plat er- lineal foot. (number) (Description I.e. ONE THOUSAND DOLLARS AND NO CENTS) Unit Price No. E. Additional Drilling (Geothermal Wells) through bedrock. A: f per lineal foot. • (number) Description i. - THOUSAND DOL • ' S AND NO CENTS) • • BID FORM - STIPULATED SUM 004113 - 2 OF 4 ISSUED FOR BIDS } j - I 1 v �"" f ALTERNATES Refer to Section 012300 for complete description of Alternates. ill Alternatg No.1. Provision endow blinds where delineated on Drawings and in Section 012300. '7" ($ 7 - ) 4 �t'lit�uh.c ,c.P.,� 1--. 7/ _....._.,..,. I (Number) (D � ripfion. i.e. ONE THOUSAND DOLLARS AND NO CENTS) Alternate No. 2. Provisio _4 'r marker boards and tackboards where delineated on Drawings and in Section I I li • 01230 . / eso (Number) Description. i.e. ONE THOUSAND DOLLARS AND NO CENTS) • • Alternate No. 3. Provision fro bonded terrazzo flooring and base where delineated on Drawings and in r Sectio -•r L i ► � CAI ( 0) d (Number) (Description. Le. 0 `t THOUSAND DOLLARS AND NO CENTS) Alternate No. 4. Provisi for flag poles and ground lighting where delineated on Drawings and in - Secti i 12300. ($ ` (POO °! , ,GbA~- ----- (Number) (Description. i.e. ONE THOUSAND DOLLARS AND NO CENTS) I Alternate No. 5. Provisiwidmetal lockers where delineated on Drawings and in Section 012300. n � y r/� ($ i V O O . ) .1 rte i .m . L L -.� >/ - i ., . 4.4.0/ ti (Number) (Description. i.e. ONE THOUSAN 1!. OLLARS AND NO CENTS) - J • Alternate No. 6. Provision fof fluorocarbon finishes on aluminum materials where delineated on Drawings and in Se i 12300. ($ I I r Sob ) .,,Lt 1j4 -tic 46W - Lt 4444 A � `- M - (-Katie a (Number) (Description. i.e. ONE THOUSAND DOLLARS AN D NO CENTS) Alternate No. 7. Provisio for fixed exterior wood windows where delineated on Drawings and in Q Se t' 12300. ($ .,,�, b 5 r „( (4 (Number) (Description. i.e. ONE THOUSAND DOLLARS AND NO CENTS) II I Alternate No. 8. Provision for demolition and construction of Pub • W delineated rks Garage where on Dravjngs -; • ; ;,ec • f n.012300. ($ 57259744 ; - (Number) goo escr tion. i.e. ONE THOUSAND DOLLARS AND O C E S) i rte i Alternate No. 9. Provision. umidification System where delineated on Drawings and in Division 15. i G(1 (number) (Description tion i.e. ONE THOUSAND DOLLARS AND NO CENTS) Alternate No. 10. Provision for Porcelain Tile flooring, base and walls where delineated on Drawings and in Section 093000. dtd ($ " 3 5 00 ..-- 4,1,04_ ILAA \ et 6'..,et t (..0 / ..."."- • (number) (Description i.e. ONE THOUSAND DOLLARS AND NO GENTS) Alternate No. 11. Provision r flooring and base where delineated on Drawings and in Section 093000. ($ 1` 090 (number) ( c ription i.e. ONE THOUSAND DOLLARS AND NO CENTS) RIn FORM - STIPULATED SUM 004113-30F4 ISSUED FOR BiDS • r r • OAK PARK HEIGHTS CITY HALL BIDDER IDENTIFICATION THE UNDERSIGNED is: X incorporated in the State of Minnesota Jorgenson Construction Inc. a Partnership Stanley M. Jorgenson, President a Proprietorship Bonnie L. Jorgenson, Corporate Secretary LEGAL NAME OF PERSON, FIRM, OR CORPORATION Legal Company Name: Jorgenson Construction Inc. B Bonnie L. Jorgyrrpon Corporate Seal I Signed: 41 I • A 4 ( ignature of Aut orized Sigq n j 0 .er) Title: Corporate Secretary Company Address: Jorgenson Construction Inc. 9255 East River Road NW • Coon Rapids, MN 55433 License No.: not applicable END OF DOCUMENT BID FORM - STIPULATED SUM 004113 - 4 OF 4 ISSUED FOR BIDS t .. , f e o . BondNo.__-__..___.--_-___.__.,- F and Dep Company 0 POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Jorgenson Construction, Inc. - -- - - -- - _. - - -- - - - -� -- V�� __- _ -- .., as Principal, (hereinafter called the "Principal "), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety "), are held and firmly bound unto Cit�of Oak Park Heights, Minnesota -________________._—_ M____ w_.._____________-- __- ____.____.__________as Obligee, (hereinafter called the "Obligee "), in the sum of_Five Per Cent (5%0) of Amount Bid _- __ _ w___..._____ __._____ ..... ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for__ Oak Park He ghts City Hall 14168 Oak Park Blvd N, Oak Park Heights, MN 55082 II . . . NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st __- ._day o fMarch _...... _______ 2004 Jorgenson Construction, Inc. (SEAL) V6 Principal Witness 6,,,A„.„LaC,.‘,..„,x_____ Bonnie L. Jorgens• , •j •orate Secrete , 1 I I FIDELITY AND DEPOS COMP 0 MARYLAND X 1 rety - – --- -- __ B .,� ' -- -- - --- _. _ --- - ------ Y--.._----- _.____(SEAL) Witness M.A. Jones, Attor -y in -fact -� ��- Title filkom, to American Institute of Architects Document A -310, 1970 Edition. M, ♦ 1 1111 CORPORATE ACKNOWLEDGMENT • STATE OF MINNESOTA COUNTY OF ANOKA On the 31st day of March 2009 , before me personally appeared , Bonnie L. Jorgenson to me, who being duly sworn, did depose and say: that s/he resides in Andover, MN that s/he is the Corporate Secretary of the Jorgenson Construction, Inc. the corporation described in and which executed the foregoing instrument; that s /he knows the seal of said corporation; that the seal affixed t� 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. (SEA b °+ SANDRA M. FISH 3 ,�' 14t A /t 7 L 2 { : ` Notary Public NOTARY PUBLIC • MINNESOTA l. 1- .: " My Commission Expires Jan. 31, 2010 ACKNOWLEDGMENT OF CORPORATE SURETY • STATE OF MINNESOTA COUNTY OF Ramsey 0 On the 31st day of March , 2009 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s/he resides in Minnesota that s /he is the aforesaid officer or attorney in fact of Fidelity and Surety Company of Jtaryl and a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) N MARIE GQTY n(e.prt.Q, MCJZ)�.1� Ck� n ` Kr 7 . ' P1taEaty Pllt)r -ii,A* nesot3 Notary P • is 1 „ �/ q Co mmission Expires Jan 31, 2010 e • 1 1 • . s L • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Law . , . id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff - rr -t ar 1: reof, does hereby nominate, constitute and appoint Litton E. S. FIELD, JR., M. A. JON : roi p. c llaf ` O ' of St. Paul, Minnesota, EACH its true and lawful agent and Attorney -in- a ute "�:. or, and on its behalf as surety, and as its act and deed: any and all bon 'tee... d�a��� 1 g s .. �,. . � ! - . ��:9ue� 0 such bonds or undertakings in pursuance of these presents, shall be as b• 6 . ' 0 1;" om• . 4 A 6 . ply, to all intents and purposes, as if they •f `� had been duly executed and ac • ' �: e re • I. &Ay c ; . o• `i ers of the Company at its office in Baltimore, Md., in their own proper pe . i p.. - .f -, a. o.. i.. :Tarr issued on behalf of Litton E. S. FIELD, JR., M. A. JONES, F. E. LAUNSTEIN, N � C,T� + 1, 2004. The said Assistant . a•," certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -L. > s . said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of January, A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND tp otp G O . W �b, IE90 • _ By: Gregory E. Murray Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore f On this 30th day of January, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to .be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. O11 III !l1, �• 4 1 116)A, .;fa fG �• 1 1 . lQti�h' / // X1 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 • POA -F 184 -8843 • EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE • I the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify g � az'Y Y Y that the foregoing Power of Attomey is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and Pp g P PY Y P Y Y P Y� binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, 31st March 2009 this day of Assistant Secretary • • i b • MINUTES OF FIRST MEETING OF BOARD OF DIRECTORS OF JORGENSON CONSTRUCTION, INC. The first meeting of the Board of Directors of Jorgenson Construction, Inc. was held in the City of East Bethel, County of Anoka, State of Minnesota, at 1:00 p.m. on April 1, 1983. Stanley M. Jorgenson, the director, was present. Stanley M. Jorgenson was chosen Chairman of the meeting. Bonnie L. Jorgenson was chosen Secretary of the meeting. The Chairman stated that the first order of business was the election of officers. The following persons were nominated for the offices set forth after their respective names to serve until their successors are duly elected and qualified: Stanley M. Jorgenson - Chief Executive Officer Bonnie L. Jorgenson - Chief Financial Officer No further nominations being made, the nominations were closed and a vote taken. The Chairman announced that the aforesaid persons had been duly elected to the offices set forth after their respective names to serve until their successors are duly elected and qualified. On motion duly made and seconded, the following resolutions were unanimously adopted: RESOLVED, that the form of Stock Certificate submitted to this meeting be adopted as the form of Stock Certificate of this Corporation and that the Chief Executive Officer and Chief Financial Officer are hereby authorized to issue said certificates on behalf of the Corporation. • FURTHER RESOLVED, that this plan shall be and remain in full force and effect from the date hereof for a period of twenty -three months thereafter or the date on which the last share of the Corporation subject to this plan is issued, and shall thereafter terminate. FURTHER RESOLVED, that this resolution shall not be deemed to be authorizing a public offering or sale of the securities except in accordance with the provisions of State and Federal laws relating to the public sale and offering of securities. FURTHER RESOLVED, that this plan is adopted pursuant to the provi- sions of Section 1244 of the Internal Revenue Code of the United States. There being no further business, on motion duly made and seconded, the meeting was adjourned. t r� AIL c ive if fi Y Attest: I? t, /.t,1 C- ief Financial Of"cer j' • ACTION IN WRITING OF BOARD OF DIRECTORS OF JORGENSON CONSTRUCTION INC. The undersigned, being the sole member of the Board of Directors of Jorgenson Construction Inc., a Minnesota corporation, acting pursuant to the provisions of Minnesota Statutes, in lieu of a meeting of the Board Of Directors of this corporation, do hereby adopt the following resolutions, effective January 1, 2000: RESOLVED: that the following persons are nominated and unanimously elected to the offices set forth after their names, to serve until their successors are duly elected and qualified: Stanley M. Jorgenson — Chief Executive Officer Bonnie L. Jorgenson — Chief Financial Officer Dwayne B. Kanne — Vice President 43 I St:" or ("on -t hi Executive Officer / onnie L. Jorgenson - Chieft'inanI al Officer B3 Dwayne anne — Vice - President • Dated: 1/2/2000 T H E 1 A M E R I C A N I N S T I T U T E O F A R C H I T E C T S 0 0 . N -Y • 1 A IA Document A305 Contractor's Qualification Statement , 1986 EDITION • This form is approved and recommended by The American Institute of Architects (AIA) and' The Associated General Contractors of America (AGC) for use in ei'ci1tlat- ing the qualifications of contractors No endorsement o1 the submitting; party or verification 01 the information is made by the ilIA or AGC. The Undersigned certifies under oath that the information provided herein is true and suffi- gently complete so as not to he misleading g , SUBMITTED TO OAK PARK HEIGHTS CITY HALL, ATTN: ERIC JOHNSON • ADDRESS 14168 NORTH 57TH STREET OAK PARK HEIGHTS, MN 55082 SUBMITTED BY JORGENSON CONSTRUCTION INC. Corporation NAME STANLEY M. JORGENSON Partnership C 9255 EAST RIVER ROAD N.W. ADDRESS ]ndn l(lual C COON RAPIDS, MN 55433 -5722 PRINCIPAL OFFICE 9255 EAST RIVER ROAD N.W., COON RAPIDS. MN 55433 -5722 )lint Venture C. 1 Other C NAME OF PROTECT (If applicable) OAK PARK HEIGHTS CITY HALL TYPE OF WORK (file separate form for each Classification of Work) • X General Construction HVAC l ' _ ______ Plumbing Electrical Other_ -_ (please specify) I GI), „tiht 19(w 190). 19 - 9, K 1 the Aincu,:ul ln.,utoc ofAi 1'i5 Nc1\ f ork A1 cm,e, N \\ \\.nhing > )1111(, t milk 1 ') l n I In.ttcrlil hoot') 01 ,uh,t.intidl l tioottt MI 01 Its i, islons N It how \\ I Itti 11 pei 1111 „ 11 >11 1. m I)(. _t Re pt hl I ( 1 I P Male mitt will 1) -.LOLL to h.>.Il 1ru, t. Li, ,11 The AIA vulatc Ili( c l)pvnght law,. (it the l nnc�i . t.q� u I ?. • ' (» Al II•l( Al K/1\ S IA1 rA1FN 1 • 19>fe 1.11111( 4 • A' • AIA DOCUMENT A305 • l t)N I RAJ . -1 uIF >9IFKUANINNIIIt IF Or:vlcnnr< I. 1' +sNF\t 1 "C1KhA \'rNIF N\\ \\A,nmc,ic)\ nl _crcnui A305 986 1 WARNING; Unlicensed photocopying violates US copyright laws and is subject to legal prosecution • 1. ORGANIZATION 1 1 How many years has your organization been in business as :t Contractor? Twenty -six (26) years 1 2 How many years has your organization been in business under its present business name' Twenty -six (26) years 1 2 1 Under what other or former name, has your organization operate& Non - Applicable 1 3 if your organization is a corporation, answer the following 1 3 1 Date Of incorporation March 20. 1983 1 3 2 Mate of incorporation Minnesota 1 3 3 President's name Stanley M. Jorgenson • • 1 3 •-i Vice- preident's name(s) Dwayne B. Kanne 1 3 5 Secretary's name Bonnie L. Jorgenson 1 3 6 Treasurer's name 14 If your organization is a partnership, answer the following 1 4 1 Date of organization 1 4 2 Type of partnership (if applicable) 1 4 3 Name(s) of general partner(,) 1 • • 11 { 1 5 If your organization is individually owned, answer the tilllowtng 1 5 1 1).ue of org.tni�..it1 1 5 2 Name of owner • AIA DOCUMENT A305 • ( 0N1 NA( I OR (;t'AI 111( Al ION S 1AI F MMI•N I • 198i, 1•,1)1'11 • AIA' • i (, un \an n0(A\n,iIII II o..k.nnr, 1,.1 ♦I 1oI(hA\i•NI N\Y 11A,IIIN(,I CON, u( 211006 A305 -1966 2 • WARNING: Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution • • 1 6 If the form of your organization is other than those listed above, describe n and name the principals 2. LICENSING 2 I List jurisdictions and trade categories in which your organization is legally qualified to do business. and indicate registration or license numbers, if applicable Minnesota i 2 2 List jurisdictions in which your organization's partnership or trade name Is filed Minnesota • 3. EXPERIENCE 3 1 List thc categories of work that your organization normally performs with as own forces Supervision, Rough and Finish Carpentry, Demoltion, Concrete, Specialty Installation, Drywall 3 2 Claus and Suits (if the answer to any of the questions below is yes, please attach details ) 3 2 1 Has your organization ever failed to complete any work awarded to it No 3 2 2 Are there any judgments. claims, arbitration proceedings or suits pending or outstanding against your organization or its officers) No 3 2 3 Has your organization filed any law suits or requested arbitration with regard to construe- lion contracts within thc last five years' No 3 3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract"' (If the answer is yes, please attach details ) No AIA DOCUM • ( x1 i 11 CAi ui5 5 I-h • '1Nn rn uo1 A° • (ira U nit i , ENT N IN 5 11) i t ()N 01- 1 Aa( AC is QQt'a 1 iS I NiU ' nI4K IAI A \'F� ti•\ IU 1 • t I \\ \\ l; A�nm(, • ro.NI A < tic. m A3O5 -1986 3 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution. • • i .10 3 4 On a separate sheet, list major construction prolects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion elate 3 4 1 State total worth of work in progress and under contract $15,000,000. 3 5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage Of the work performed with your own forces the cost (f tl j } 3 5 1 State average annual amount of construction work performed during the past five )ears $20,000,000. 3 6 On a separate sheet, list the construction experience and present commitments of the key individ- uals of your organization 4. REFERENCES 4 1 "Trade References Shaw /Stewart Lumber, 645 Johnson Street NE, Minneapolis, MN 55413 Telephone: 651 -488 -2525 Winroc /St. Croix, 5262 Glenbrook Avenue North, Oakdale, MN 55109 Telephone: 651- 777 -8222 Straughan Hardware, 2200 East 25th Street, Minneapolis, MN 55404 Telephone: 612- 722 -5062 • 4 2 13ank References US Bank, Ms. Claudia Stegora, 7001 France Avenue South, Edina, MN 55435 Telephone: 952 -915 -7472 4 3 Surety 4 3 I Name of bonding company . Fidelity and Deposit Company of Maryland 4 3 2 Name and address of agent T. C. Field and Company, 530 North Robert Street, St. Paul, MN 55101 Contact: Marge Jones • AIA DOCUMENT A305 • ( ( )NTRA( 1 OR'S QU'A(lIli AI ION \ JAI FMihN 1 • 1774, H)I 1 ION • AJA ' • i� 1980 • • l i11. A\I1.1(I( AN i \♦1111'11.1)1• Alit till,( 1s 1" SS NI \C \(1RK AVi3Nl'h N A UA\111Nt,l (1N. I) ( 'MO A305 -1986 4 WARNING: Unlicensed photocopying violates US. copyright laws and is subject to legal prosecution 5. FINANCING 5 I Financial Statement 5 I 1 Attach a financial statement, preferably audited, Including your organization's latest balance sheet and income statement showing the following Items December 31, 2008 • Current Assets (e g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits. materials inventory and prepaid expenses), Net Fixed Assets, Other Assets, Current Liabilities (e g , accounts payable, notes payable, accrued expenses, pro- vision for income taxes, advances, accrued salaries and accrued payroll taxes), Other Liabilities (c g , capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings) 5 1 2 Name and address of firm preparing attached financial statement, and date thereof • Copeland Buhl, Dennis Peterson CPA, 800 E. Wayzata Blvd., Wayzata, MN 55391 Telephone: 952 -476 -7100 5 1 3 Is the attached financial statement for the identical organization named on page one% 5 1 4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e g , parent - subsidiary) • 5 2 Will the organization whose financial 'tatemcnt is attached act as guarantor of the contract for con- struction AIA DOCUMENT A305 •( ()N I RA( I OR I11( AI ION s I\ IFMIFN I • 191.0 1•1)I I ION • Ale • 11 198(■ • 1111 1A11 1NIN'111I11•1)t AR( 1111F11s I ',iNI \\ 1 WO. All NIT,N \X', \lA'IlIN(,ION 1)l 'INII)h A305 -1986 5 WARNING Unlicensed photocopying violates U S. copyright laws and is subject to legal prosecution • 6. SIGNATURE 6 1 Dated at Coon Rapids this 10th day of April 2009. ■ Name of Organization J RCENSO NSTRUCTION INC. By . Sta ' M. Jor son Title President 0) M r. Stanley M. Jorgenson, President of Jorgenson Construction Inc., being duly sworn deposes and says that the information provided herein is true and sufiiuen[fy complete so as not to be misleading • Subscribed and sworn before me this 10th day of April so 2009. ■ Notary Public /fi t ticL, nit ... My Commission Expires 3 // a n ;� ` �:1. • . S M. NOTARY PUBLIC •MINNESOT � My Commission ANDRA Expites Jan. FISH A 31, 2010 AIA DOCUMENT A305 • l t)N'I RAI:] O12'.. QUA] IFI( Al ION s IAn:MFNI • 1980 rnITION • AIA • (0118(> 1111 A\IFRI( AN INSI111'TI: 01• AR( 1]111.( I ti, I li NEW PURR ANEW*, NCI . \YAIHINGTON, 11 ( 20006 A305 -1986 6 WARNING: Unlicensed photocopying violates U.S. copyright Taws and is subject to legal prosecution • A A JORGENSON CONSTRUCTION INC. CONTRACTORS QUALIFICATION STATEMENT A.I.A. 3.4, 3.5 PROJECT TYPE OF WORK ARCHITECT CONTRACT DATE AMOUNT COMPLETE Hennepin County Health Services e. 1 l'h & Partial 12' Architectural Alliance. Kari Gullixson. $ I,028,750. October '09 Building, Minneapolis, MN Floor Remodeling 612 -871 -5703 Grey Cloud Elementary, Addition & Architects Rego + Youngquist, Dawndi $2.447,092. July '09 Cottage Grove, MN Alterations to existing Eid, 952- 544 -8941 Washington County Environmental New Facility Ocrtel Architects Ltd.. Andrew Cooper, $3,889,000. June '09 Center, Woodbury, MN 24,(00 sf 651- 696 -5186 Hennepin County Plymouth Library New Facility Bentz/Thompson /Rietow Inc. $9.847.402. December '09 Plymouth, MN 33,000 sf Jonathan Strand. 612- 332 -1234 Target Corporate Hq's — Various Office Office Build -outs, Target Corporate Real Estate Year End '08 On going Locations throughout the Metro Remodeling $1.954,855. Public Works Building Expansion Addition & Remodel Oertel Architects Ltd., Jeff Oertel, $2.859,748. October '08 Burnsville, MN 651- 696 -5186 Gideon Pond Elementary School, Alterations (Deferred Wold Architects & Engineers, Mike $2,560,704. August '08 Burnsville, MN Maintenance) Klass, 651- 227 -7773 Minnesota Correctional Facility, Renovation of Bldgs RJ Johnson Architecture & Interiors $2,628,931. November '08 Lino Lakes, MN B & Fl LTD, Robert Johnson, 763- 425 -0177 TPS 4 Floor Test Kitchen Target Corporate Real Estate $877,495. May '08 Minneapolis, MN TFS Restrooms' Remodel 8 floors- remodel Target Corporate Real Estate $1,319,650. February '08 Minneapolis, MN restrooms Fine Arts Bldg. Normandale Addition (16,300 gst) Ankeny Kell Architects, Michelle $5,227,845. March '08 Community College, Bloomington. MN & Renovations Maiers, 651 -645 -6806 (24,001) st) Target Corporate Hq's — Various Office Office Build -outs, Target Corporation Year End '07 On going Locations throughout the Metro Remodeling $6,206,594.. Alternative Learning Center Facility New Construction Wold Architects & Engineers, Glen $7,646,816. November '07 St. Paul, MN (aka Gordon Park HS) (34,000 st) Heino, 651- 227 -7773 USPS /Remodel 4` Floor CFS for Remodel Adkins Association, Todd Saterbak, $605,339. May '07 PEDC 651- 224 -1358 Minneapolis, MN - Moreland Elementary School. Remodel Wold Architects & Engineers, Mike $4,208,99 I . August '07 West St. Paul, MN Klass, 651- 227 -7773 Old Republic National Title Insurance 1' Floor Remodel WJR Inc., Rolf Sullivan, 763 - 398 -0452 $61 1,253. September '06 Minneapolis, MN South St. Paul City Hall Renovations & Buetow & Associates, Randy Engel, $7,625,559. July '07 Addition 651 - 483 -6701 Target Corporate Hq's — Various Office Office Build -outs, Target Corporation Year End '06 On going Locations throughout the Metro Remodeling $3,570,000. Pilot Knob Elementary School Building Renovations Weld Architects & Engineers, Mike $3.280,065. November '06 Eagan, MN Klass. 651- 227 -7773 North Point Health & Wellness Center, Renovation Mohagen Hansen Architectural Group. $3.852,576. April '07 Minneapolis, MN Mark Hansen, 952 -473 -1985 . 1 R • JORGENSON CONSTRUCTION INC. CONTRACTORS QUALIFICATION STATEMENT A.I.A. 3.4, 3.5 PROJECT TYPE OF WORK ARCHITECT CONTRACT DATE AMOUNT COMPLETE Normandale Community College- Remodel Horty Elving & Associates. $414,900. May '06 College Services. Bloomington, MN 612 -332 -4422 Maplewood Public Works Addition Oertel Architects, Jeff Oertel, $2,21 3,070. March '06 651 - 696 -5186 Century College East Campus Interior Renovations DLR Group. Jon Crump. 952 -941 -8950 $2.878.453. September 06 Technology Wing, While Bear Lake. MN (30,000 so Sobriety High. Burnsville. MN Expansion (Leasehold Bluffs West Partnership, c/o Hoyt $103.747. January '06 Improvements) Properties, Gary Lally, 612 -338 -7787 Target Corporate Hq's — Various Office Office Build -outs, Target Corporation Year End '05 On going Locations throughout the Metro Remodeling $3.750,000. Forest Elementary School New Educational Armstrong, Torseth, Skold $1 1.007,595. April '05 Crystal, MN Facility Jon Stoewcr; 763 -545 -3731 Woodbury Public Works Bldg Addition /Alterations Oertel Architects, Jeff Oertel $4,842,000. February '05 Expansion, Woodbury. MN 651- 696 -5186 Family of Christ Lutheran Church New Construction Bentz Thompson Rietow $6,500,000. February '05 Phase 1A, 1B, & IC, Ham Lake, MN 612-332-1234 Target Stores Corporate Hq's — Various Office Build -outs, Target Corporation Year End '04 On going Office Locations throughout the Metro Remodeling $2,900,000. dik Normandale Community College Building Renovation Hammel, Green & Abrahamson $6,966,760. March '04 VIPFBloomington, MN Brian Fitzgerald, 612- 758 -4000 Target Corporate Hq's — Various Office Office Build -outs, Target Corporation Year End '03 On going Locations throughout the Metro Remodeling $3,500.000. Regina Medical Center Finish Carpentry Constr. Mgr & Archt: Horty Elving $158,531. October '03 Hastings, MN Design Build Dale Podvin, 612- 332 -4422 Woodbury Library -Reuse Interior Renovation- Wold Architects, John McNamara $606.060. February '03 Woodbury, MN Convert into Offices 651-227-7773 10 2 A.I.A. 3.6 STANLEY M. JORGENSON PRESIDENT JORGENSON CONSTRUCTION INC. RESUME BUSINESS ADDRESS: Jorgenson Construction Inc. 9255 East River Road N.W. Coon Rapids, MN 55433 Telephone: 763 - 784 -3877 Fax: 763 - 784 -1583 CORPORATE SUMMARY: Jorgenson Construction Inc. was established by Stanley M. Jorgenson March 1983. The company began as a corporation in March 1983 and continues to operate as a Minnesota Corporation. The Corporation operates primarily within the seven country metropolitan area in the Twin Cities, Minneapolis /St. Paul area. The Company is located in the City of Coon Rapids in a 50,000 square foot commercial building personally owned by Stanley M. Jorgenson. PROFESSIONAL SUMMARY: A consummate professional with over thirty -five years of experience in the commercial construction industry. His experience includes design build, contract negotiations, value engineering, design concepts, project management, estimating, and effective corporate leadership. His extensive knowledge and experience includes that of cost • management, field management, contract negotiation, and problem solving. Stan is extensively involved with the day -to -day activities of the corporation that ensures team -work of Subcontractors, Suppliers, professional contacts, and employees. Stan's diligent demeanor ensures the corporation runs smoothly and efficiently providing exceptional customer satisfaction. EDUCATION: Graduate, Anoka Technical College SEMINARS: 2007 MN Real Estate Office Development 2000 Associated General Contractors - Construction Project Delivery 1999 Construction Law for Contractors 1997 Sure Track, Primavera, Project Scheduling 1996 Success Seminar, Peter Lowe International 1994 Anoka Ramsey Community College - Human Relations in Business 1992 Construction Estimating Institute of America - Advanced Estimating Certificate 1988 Private Pilot Certificate PROFESSIONAL ASSOCIATIONS: Associated General Contractors of America Minnesota Safety Council Metro North Chamber of Commerce 12/07 • • 3.6 STEVEN M. GANSMOE PROJECT MANAGER • RESUME EDUCATION: Bachelor of Science in Business Administration - Construction Management concentration Mankato State University, Mankato, MN EXPERIENCE: Steven M. Gansmoe, Project Manager has been employed with Jorgenson Construction Inc. since January 2, 1996. Steve's responsibilities include estimating construction projects in a fast pace environment, coordinating project documents, coordinating sub- contractor activity. monitoring schedule updates, review invoices for accuracy and payment, review spccilications /shop drawings for approval, generate change orders and associated estimates, project cost monitoring and facilitate open communication between Owner, Architect and Contractor. • Project experience has provided many opportunities to utilize his knowledge and skill in constructing recreational facilities. Recreational facilities include construction aerobic facilities. basketball courts, racquetball courts, weight rooms, locker rooms, theaters and indoor batting cages. ADDITIONAL PROJECT EXPERIENCE: WASHINGTON COUNTY ENVIRONMENTAL CENTER WOODBURY, MN 55129 • New Construction 24,000 square feet Architect: Ortel Architects Ltd Project Value: $3.9 Million ALTERNATIVE LEARNING CENTER LEED CONSTRUCTION ST. PAUL, MN 55104 New construction 42,000 square feet • Architect: Wold Architects & Engineers Project Value: $7.5 Million USPS —MPLS- 4 FLOOR REMODEL • MINNEAPOLIS, MN 55401 Remodel 4 floor CFS for PEDC Architect: Adkins Association Project Value: $605,339.00 MORELAND ELEMENTARY SCHOOL - UPGRADES WEST ST. PAUL, MN 55118 Building renovation including Architectural, Mechanical & Electrical upgrades and site work Architect: Wold Architects & Engineers Project Value: $4.1 Million MAPLEWOOD PUBLIC WORKS EXPANSION MAPLEWOOD, MN 55109 Expansion and renovation of existing maintenance facility Architect: Oertel Architects Project Value: $2.2 Million CENTURY COLLEGE EAST CAMPUS TECHNOLOGY WING RENOVATION WHITE BEAR LAKE, MN 55110 Renovation of 30,000 square feet Architect: DLR Group Project Value: $2.6 Million SEMINARS: 2003 Construction Delivery Methods 2002 OSHA 10 -Hour Construction Safety and Health Training 2001 Construction Estimating Institute, Project Management 1997 World of Concrete - Construction field project management systems S - Construction failures; how to identify, prevent and resolve - Basics of concrete floors on ground 1997 Associated General Contractors Safety Day - Fall Protection - Scaffolding I 4 A.I.A. 3.6 • GLEN A. SCHLICHTE FIELD SUPERINTENDENT RESUME EDUCATION: Graduate St. Paul Technical College - Carpenter Apprenticeship Certificate Two years Inver Grove Heights Community College - General study GENERAL BACKGROUND: Glen A. Schlichte is employed as a superintendent with Jorgenson Construction Inc. He has been employed with ICI since 1985. Glen's broad range of experience has included school additions and renovations, commercial building interior and exterior finishes. Glen is the on -site supervisor responsible for coordinating subcontractors and work force. He has the knowledge and skills to facilitate an efficient job site, answer owners and architects on -site questions, blueprint reading and time management. EXPERIENCE: WASHINGTON COUNTY ENVIROMENTAL CENTER WOODBURY, MN New facility — 24,000 square feet Architect: Oertel Architects Project Value: $3.9 Million BURNSVILLE PUBLIC WORKS EXPANSION BURNSVILLE, MN Addition and Remodel Architect: Oertel Architects Project Value: $2.9 Million ALTERNATIVE LEARNING CENTER ST. PAUL, MN New Construction — 34,000 square feet Architect: Wold Architects Project Value: $7.6 Million FAMILY OF CHRIST LUTHERAN CHURCH ANDOVER, MN Construction of a new 59,000 square foot religious facility Architect: BTR Project Value: $6.5 Million SEMINARS: 2005 Asbestos Awareness Training 2002 Associated General Contractors Safety Day 2000 FIRST -AID CPR Class 1998 OSHA 10 -Hour Construction Safety and Health Training 04/09 411 JORGENSON CONSTRUCTION INC. • A.I.A. 3.6 WAYNE RIEPE FIELD SUPERINTENDENT RESUME EDUCATION: Graduate St. Paul Technical College Graduate Carpenter's Apprenticeship Program University of MN — Undergraduate General Study GENERAL BACKGROUND: Wayne Riepe is employed as a construction superintendent with Jorgenson Construction Inc. He has been employed with JCI since 1992. Wayne's knowledge and expertise in the construction field advanced his position in 2005 from carpenter Rieman to Construction Superintendent. Wayne is responsible for the front -line coordinating of subcontractors and workforce. His knowledge and skills facilitate an efficient job site that includes coordination of sub - contractors, man - power and managing job -site safety. Wayne's broad range of construction experience has included school additions /renovations and new construction of municipal facilities. His experience has included the following: • SUPERINTENDENT EXPERIENCE: GREY CLOUD ELEMENTARY COTTAGE GROVE, MN Additions and alterations Project Value: $2,447,092. Completion Date: July 2009 GENERAL CONTRACTOR, Superintendent • GIDEON POND ELEMENTARY SCHOOL BURNSVILLE, MN Renovations Project Value: $2,552,266. Completion Date: August 2008 GENERAL CONTRACTOR, Superintendent • FINE ARTS BUILDING NORMANDALE COMMUNITY COLLEGE BLOOMINGTON, MN Project Value: $5,227,845. Completion Date: March 2008 GENERAL CONTRACTOR, Superintendent PILOT KNOB ELEMENTARY SCHOOL EAGAN, MN Renovation of interior of an educational facility Project Value: $3,280,065. Completion Date: November 2006 GENERAL CONTRACTOR. Superintendent WAYNE RIEPE (con't) • FIELD SUPERINTENDENT SEM1NARS/TRAINING: 2009 Leadership, Supervisory Leadership Program Associated General Contractors of Minnesota 2008 OSHA 10 -Hour Construction Safety and Health Training 2005 Scaffold Training, Scaffold Training Institute • 2002 OSHA 10 -Hour Construction Safety and Health Training • 2001 Construction Estimating Institute; Construction Supervision 2000 FIRST -AID CPR Class 1999 Associated General Contractors Safety Day • • -Air Quality and Temporary Heat -Cranes-Mobile - Building Demolition - Emergencies on the JobSite -Tool Box Talks 1998 Associated General Contractors Safety Day - Scaffolding, Competent Person -MN /OSHA Inspections, Documentation of Safety 1996 OSHA 10 -Hour Construction Safety and Health Training SAFETY AWARDS: Injury Free Worksite - Achievement Plus /YMCA Accident and Injury Free Worksite -Metro State University Tunnel • Accident and Injury Free Worksite - Johnson Senior High School • • • • A.I.A. 5.1 Financial Statements and Independent Accountants' Review Report JORGENSON CONSTRUCTION, INC. December 31, 2008 and 2007 • • CONTENTS Independent Accountants' Review Report 1 Financial Statements: Balance Sheets 2 Statements of Income and Retained Earnings 3 Statements of Cash Flows 4 Notes to Financial Statements 5 -8 • Supplementary Information: Statements of Cost of Revenues 9 Statements of Operating Expenses 10 Earnings from Contracts 11 Contracts Completed 12 Contracts in Progress 13 • • COPELAND $UHL Co Independent Accountants' Review Report Board of Directors and Stockholders Jorgenson Construction, Inc. Minneapolis, Minnesota -- e sheets of Jorgenson Construction, Inc. as of reviewed the accompanying balanc s g We have December 31, 2008 and 2007, and the related statements of income and retained earnings and _ cash flows for the years then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of _ the management of Jorgenson Construction, Inc. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our reviews, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our reviews were made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be _ in conformity with generally accepted accounting principles. The other information accompanying the financial statements is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the reviews of the basic financial statements, and we are not aware of any material modifications _ that should be made to that information. n � &k/ ¢ (; Qi i21.4 C ELAND BUHL & COMPA P.L.L.P. February 9, 2009 COPELAND BUHL & COMPANY P.L.L.P www.copelandbuhl.com Certified Public Accountants Telephone: 952.47 6.7100 800 East Wayzata Boulevard fax: 951476.7123 Wayzata. Minnesota 55391 -1766 Toll free: 877.476.7100 JORGENSON CONSTRUCTION, INC. BALANCE SHEETS DECEMBER 31 (See Independent Inde endent Accountants' Review Report) ASSETS 2008 2007 Current Assets: Cash and equivalents $ 1,348,196 $ 2,442,987 Contracts receivable 1,932,963 2,593,198 — Costs and estimated earnings in excess of billings on uncompleted contracts 90,023 177,816 Prepaid expenses 31,104 19,994 Total Current Assets 3,402,286 5,233,995 Equipment and Improvements, at Cost: equip ment 391,050 391,050 Transportation 1 43 equipment 143,207 143,207 Furniture, equipment and fixtures 75,417 69,268 Leasehold improvements 201,981 - 201,981 811,655 805,506 Less accumulated depreciation 466,215 399,709 Net Equipment and Improvements 345,440 405,797 — $ 5,639,792 • TOTAL ASSETS $ 3,747,726 See notes to financial statements. -2- • LIABILITIES AND STOCKHOLDERS' EQUITY 2008 2007 Current Liabilities: Accounts payable, including retentions of $527,565 and $1,029,949 in 2008 and 2007, respectively $ 2,151,981 $ 3,830,672 — Accrued compensation and related expenses 18,455 29,172 Accrued expenses 21,215 61,991 Billings in excess of costs and estimated earnings on uncompleted contracts 406,847 316,681 Total Current Liabilities 2,598,498 4,238,516 Stockholders' Equity: • Common stock - no par value; 10,000 shares authorized; 1,110 shares issued and outstanding 177,500 177,500 Retained eamings 971,728 1,223,776 Total Stockholders' Equity 1,149,228 1,401,276 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 3,747,726 $ 5,639,792 • JORGENSON CONSTRUCTION, INC. 1 STATEMENTS OF INCOME AND RETAINED EARNINGS YEARS ENDED DECEMBER 31 (See Independent Accountants' Review Report) 2008 2007 % 100.0 i $ 14 442,558 100.0 /° $ 24,781,307 Contract Revenues Earned -- Cost of Revenues 13,504,694 93.5 23,077,902 93.1 II I Gross Profit 937,864 6.5 1,703,405 6.9 Operating Expenses 892,596 6.2 1,387,769 5.6 Income from Operations 45,268 .3 315,636 1.3 Other Income: Interest income 17,849 .1 61,518 .3 • Gain on sale of equipment 30,955 .1 Miscellaneous income 5,091 it Total Other Income 17,849 _ .1 97,564 .4 Net Income 63,117 .4 % 413,200 1.7 % Retained Earnings - Beginning of Year 1,223,776 1,119,536 Dividends Paid (315,165) (308,960) — Retained Earnings - End of Year $ 971,728 $ 1,223,776 See notes to financial statements. -3- JORGENSON CONSTRUCTION, INC. STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31 (See Independent Accountants' Review Report) 2008 2007 Cash Flows from Operating Activities: Net income 63,117 $ 413,200 $ Adjustments to reconcile net income to net cash provided by (used in) operating activities: Depreciation 66,506 58,694 Gain on sale of equipment (30,955) Decrease in contracts receivable 660,235 642,380 Decrease in costs and estimated earnings in excess of billings on uncompleted contracts 87,793 303,215 (Increase) in prepaid expenses (11,110) (3,280) (Decrease) in accounts payable (1,678,691) 678,691) (163,8 4 0) (Decrease) in accrued compensation and related expenses (10,717) (12,365) -- Increase (decrease) in accrued expenses (40,776) 256 decrease in billings (decrease) s in excess of costs and g estimated earnings on uncompleted contracts 90,166 (622,432) Net Cash Provided by (Used in) Operating Activities (773,477) 584,873 Cash Flows from Investing Activities: Purchase of equipment (6,149) (92,921) Cash Flows from Financing Activities: Dividends paid (315,165) (308,960) Net Increase (Decrease) in Cash and Equivalents (1,094,791) 182,992 II ' r Cash and Equivalents - Beginning of Year 2,442,987 2,259,995 — Cash and Equivalents - End of Year $ 1,348,196 $ 2,442,987 • See notes to financial statements. -4- JORGENSON CONSTRUCTION, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2008 AND 2007 (See Independent Accountants' Review Report) Note A: Significant Accounting Policies Nature of Operations The Company is a commercial general contractor. The Company's principal market is primarily in the Minneapolis /St. Paul metropolitan area. Use of Estimates In preparing financial statements in conformity with generally accepted accounting principles, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Revenue and Cost Recognition The Company recognizes revenue on the percentage -of- completion method, measured by the percentage of the cost incurred to date to estimated total cost for each contract. That method is used because management considers total cost to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs, and depreciation. Selling, general, and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs and income, which are recognized in the period in which the revisions are determined. "- Changes in estimated job profitability resulting from job performance, job conditions, contract penalty provisions, claims, change orders, and settlements, are accounted for as changes in estimates in the current period. The asset, "Costs and estimated eamings in excess of billings on uncompleted contracts," represent revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenues recognized. • -5- JORGENSON CONSTRUCTION, INC. • NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2008 AND 2007 (See Independent Accountants' Review Report) Note A: Significant Accounting Policies (Continued) Cash Equivalents For P � u oses of the statement of cash flows, the Company considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. Concentration of Credit Risk The Company maintains its cash balances in one financial institution located in Minneapolis, Minnesota, which at times, may exceed federally insured limits. The Company has not experienced any losses in such accounts and believes it is not exposed to any significant on cash and equivalents. � ant credit risk n ex mf c q p Equipment and Improvements • Depreciation is provided in amounts sufficient to relate the cost of depreciable to operations t o erations over their estimated useful lives on straight -line and accelerated depreciation methods. Expenditures determined to represent additions and betterments are capitalized. Expenditures for maintenance and repairs are charged to operations when the expense is incurred. Income Taxes Income taxes on net income of the Company are payable personally by the stockholders, pursuant to an election under Subchapter S of the Internal Revenue -- Code not to have the Company taxed as a corporation. Accordingly, no provision has been made for income taxes. -6- JORGENSON CONSTRUCTION, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 3L 2008 AND 2007 (See Independent Accountants' Review Report) Note B: Contracts Receivable Receivables consist of the following at December 31: 2008 2007 Billed: Contracts completed and in progress $ 1,526,777 $ 1,980,865 Retainage 431,186 637,333 1,957,963 2,618,198 Less allowance for doubtful accounts (25,000) (25,000) Net Receivables $ 1,932,963 $ 2,593,198 Note C: Costs and Estimated Earnings on Uncompleted Contracts 2008 2007 Costs and estimated earnings on uncompleted contracts $ 24,414,374 $ 36,707,001 Less: Billings to date (24,731,198) (36,845,866) $ (316,824) $ (138,865) Included in the accompanying balance sheets under the following captions: 2008 2007 Costs and estimated earnings in excess of billings on uncompleted contracts $ 90,023 $ 177,816 Billings in excess of costs and estimated earnings on uncompleted contracts (406,847) (316,681) $ (316,824) $ (138,865) • -7- � r JORGENSON CONSTRUCTION, INC. • NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2008 AND 2007 (See Independent Accountants' Review Report) Note D: Commitment The Company leases office/warehouse space under an operating lease with a related entity. The lease expires in January 2010. Minimum rental commitments under the operating lease are as follows for years — ending December 31: 2009 $ 109,657 2010 9,153 $ 118,810 Rent paid to related parties was $107,512 and $ 105,573 in 2008 and 2007, respectively. r Sharing E: Pension and Profit Sha g Plans The Company contributed $129,216 and $249,938 in 2008 and 2007, respectively, to a multiemployer pension plan for employees covered by collective bargaining -- agreements. This plan is not administered by the Company and contributions are determined in accordance with provisions of negotiated labor contracts. Information with respect to the Company's proportionate share of the excess, if — any, of the actuarially computed value of vested benefits over the total of the pension plan's net assets is not available from the plan's administrator. The Company maintains a qualified profit sharing plan (Simplified Employee Pension Plan - SEP) covering all eligible employees not already covered under the construction trade union agreements. Contributions to this plan for 2008 and 2007 were provided in the amount of zero and $49,776, respectively. Note F: Major Contracts The Company entered into contracts with four customers with total expected revenue of $26,667,019. The contracts are 17 % -99% complete at December 31, 2008. Contracts receivable from these customers at December 31, 2008 totaled $508,816. • -8- • SUPPLEMENTARY INFORMATION 0 VOW M I I • JORGENSON CONSTRUCTION, INC. • STATEMENTS OF COST OF REVENUES YEARS ENDED DECEMBER 31 (See Independent Accountants' Review Report) 2008 2007 Subcontract $ 10,111,811 70.0 % $ 18,120,525 73.1 % — Materials 1,658,357 11.5 2,006,054 8.1 Direct labor 743,664 5.1 1,569,365 6.3 Other direct job costs 530,433 3.7 498,642 2.0 Union health and welfare 251,332 1.7 509,730 2.1 Insurance 99,179 .7 155,307 .6 Payroll taxes 79,944 .6 193,216 .8 Depreciation 29,974 .2 25,063 .1 — Total Cost of Revenues $ 13,504,694 93.5 % $ 23,077,902 93.1 % • • -9- , JORGENSON CONSTRUCTION, INC. • STATEMENTS OF OPERATING EXPENSES YEARS ENDED DECEMBER 31 (See Independent Accountants' Review Report) 2008 2007 % % $ 530 397 3.7 /o $ 956 223 3.9 /o Salaries , - Payroll taxes 49,762 .4 63,364 .3 Profit sharing contribution 49,776 .2 _ Rent 107,512 .8 105,573 .4 Insurance 72,679 .5 65,898 .3 Depreciation 36,532 .3 33,631 .1 Legal and accounting 18,134 .1 17,693 .1 Outside services 12,200 .1 10,300 .1 Promotion 10,463 .1 12,684 .1 - Office supplies 9,772 .1 15,737 . .1 0 Utilities 8,389 .1 7,816 Dues and subscriptions 6,994 7,304 Telephone 6,680 9,479 Minnesota minimum fee 5,000 8,000 - Equipment rent 4,931 5,302 Vehicle 3,418 5,862 Postage 3,020 3,044 - Business meetings and travel 2,538 6,884 Repairs and maintenance 1,259 1,782 Miscellaneous 2,916 1,417 Total Operating Expenses $ 892,596 6.2 % $ 1,387,769 5.6 % ill) -10- JORGENSON CONSTRUCTION, INC. EARNINGS FROM CONTRACTS YEAR ENDED DECEMBER 31, 2008 (See Independent Accountants' Review Report) Contract Revenues Cost of Gross Earned Revenues Profit Contracts Completed $ 2,513,777 $ 2,152,618 $ 361,159 Contracts in Progress 11,928,781 11,352,076 576,705 $ 14,442,558 $ 13,504,694 $ 937,864 • -11- JORGENSON CONSTRUCTION, INC. - CONTRACTS COMPLETED YEAR ENDED DECEMBER 31, 2008 _ (See Independent Accountants' Review Report) Contract Totals Prior to January 1, 2008 Contract Contract Final Cost of Revenues Cost of Number Contract Revenues Gross Profit Earned Revenues Gross Profit 3944 $ 11,011,004 $ 10,952,557 $ 58,447 $ 11,005,213 $ 10,960,237 $ 44,976 — 4214 3,852,576 3,745,327 107,249 3,850,852 3,745,854 104,998 4362 7,646,817 7,180,639 466,178 7,479,376 7,154,341 325,035 4509 1,316,273 1,188,062 128,211 1,062,508 990,046 72,462 4540 372,505 361,632 10,873 358,381 317,816 40,565 w 4550 167,280 146,851 20,429 162,588 146,851 15,737 4609 877,496 822,086 55,410 Other 1,491,234 1,334,609 156,625 302,490 264,000 38,490 — $ 26,735,185 $ 25,731,763 $ 1,003,422 $ 24,221,408 $ 23,579,145 $ 642,263 -12- 3 • Year Ended December 31, 2008 Contract Revenues Cost of Gross Earned Revenues Profit $ 5,791 $ (7,680) $ 13,471 1,724 (527) 2,251 167,441 26,298 141,143 253,765 198,016 55,749 14,124 43,816 (29,692) 4,692 4,692 r 877,496 822,086 55,410 • 1,188,744 1,070,609 118,135 $ 2,513,777 $ 2,152,618 $ 361,159 JORGENSON CONSTRUCTION, INC. _ • CONTRACTS IN PROGRESS DECEMBER 31, 2008 (See Independent Accountants' Review Report) Total Contract Estimated Gross Contract Gross Profit Revenues Gross Number Contract Profit Percent Earned Profit - 4291 $ 7,628,191 $ 550,000 7% $ 7,623,019 $ 549,627 - 4460 5,302,426 95,000 2% 5,295,267 94,872 4605 2,759,980 90,000 3% 2,708,199 88,311 4614 2,559,050 150,000 6% 2,526,316 148,081 • 4620 2,959,749 110,000 4% 2,796,655 103,939 - 4667 9,847,402 650,000 7% 1,659,003 109,506 4677 59,940 7,000 12% 39,050 4,560 4694 3,889,000 70,000 2% 1,039,133 18,704 r 4698 2,426,940 125,000 5% 592,356 30,509 4699 48,000 5,000 10% 47,424 4,940 ,.. 4716 26,300 3,000 11% 13,777 1,572 4728 70,428 10,000 14% 12,573 1,785 Others 1,179,874 86,800 7% 61,602 7,237 $ 38,757,280 $ 1,951,800 $ 24,414,374 $ 1,163,643 1 -13- 4 it v. • At December 31, 2008 Year Ended December 31, 2008 Costs and Billings in Estimated Excess of - Estimated Earnings Costs and Billed to Cost to in Excess Estimated Revenues Cost of Gross - Date Complete of Billings Earnings Earned Revenues Profit $ 7,628,191 $ 4,799 $ 5,172 $ 92,103 $ 10,448 $ 81,655 - 5,302,426 7,031 7,159 340,590 364,683 (24,093) 2,757,880 50,092 49,681 2,708,199 2,619,888 88,311 _, 2,550,558 30,815 24,242 2,526,316 2,378,235 148,081 • 2,937,256 157,033 140,601 2,796,655 2,692,716 103,939 1,730,500 7,647,905 71,497 1,659,003 1,549,497 109,506 44,299 18,450 5,249 39,050 34,490 4,560 - 1,111,000 2,798,571 71,867 1,039,133 1,020,429 18,704 .r 623,400 1,740,093 31,044 592,356 561,847 30,509 28,236 516 $ 19,188 47,424 42,484 4,940 11,095 13,777 13,777 12,205 1,572 49,640 12,573 12,573 10,788 1,785 - 17,452 1,038,709 44,485 335 61,602 54,366 7,236 $ 24,731,198 $ 13,554,749 $ 90,023 $ 406,847 $ 11,928,781 $ 11,352,076 $ 576,705 41