HomeMy WebLinkAboutIX-01 Award Contract - Hwy 55 Trail Reconstruction - McNamara Contracting
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: September 18, 2023
Item: Hwy 55 Trail Reconstruction
Council Action Requested:
Approve contracts for Hwy 55 trail reconstruction and budget adjustment for
a fully fund the project.
Background Information:
The Hwy 55 trail, running east and west from Spring Street to the Hastings
Middle School is in very poor shape and was identified in the 2023 budget
for a reconstruction project.
We engaged WSB for the design and engineering services for this trail, and
recently received four (4) competitive bids ranging between $278,247.50
and $445,100.00 to complete this project.
After review of the bids, a meeting with WSB, and coordinating some project
changes with the contractor, the total construction cost, with 5%
contingency, survey & staking, materials testing and construction
administration and inspection for this trail work is $302,323.00, with
McNamara Construction being the low bidder.
The cost overrun is due to traffic control requirements for Hwy 55, patching
and concrete work related to the pedestrian ramps, which are not currently
compliant with our ADA pedestrian ramp plan, and survey, staking, testing
and construction administration and inspection. Our staff estimated cost did
not include enough funding for these portions of the project.
Staff recommendation is to:
1. Approve the project and contract as bid, with McNamara Contracting
with a cost of $278,247.50. This contract price will be modified via
change order to a contract price of $234,677.50 after the original
contract is awarded.
2. Approve the contract with WSB as attached to provide survey,
staking, materials testing, inspections, construction administration in
the not to exceed amount of $31, 240.00.
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Financial Impact:
The 2023 budgeted project was projected at $259,050.00, which is not
sufficient to complete the project as well as pay for the design and
engineering costs already incurred. The total project cost, with a 5%
construction contingency is $302,323.00, a budget adjustment of
$43,273.00 is necessary to complete this project, and Park Dedication
Funds is an appropriate source of funding for this trail work.
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
▪ Project map
▪ Bid Tabulation
▪ Recommendation of award
▪ WSB Contract
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IX-01
PROJECT:
OWNER:
City of Hastings, MN
WSB PROJECT NO.:
022687-000
Bids Opened: Wednesday, August 30, 2023 @ 11:00 am
Contractor Bid Security
(5%) Total Bid
1 McNamara Contracting X $278,247.50
2 New Look Contracting, Inc. X $282,801.00
3 Max Steininger, Inc. X $323,790.90
4 Urban Companies X $445,100.40
Engineer's Opinion of Cost $280,557.50
Denotes corrected figure
Justin Messner, Director of Municipal Operations
BID TABULATION SUMMARY
I hereby certify that this is a true and correct tabulation of the bids as received on August 30, 2023.
HWY 55 Bituminous Walk Reconstruction Project
K:\022687-000\Admin\Construction Admin\Bidding\022687-000 Bid Summary 083023
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August 30, 2023
Honorable Mayor and City Council
City of Hastings
101 4th Street East
Hastings, MN 55033
Re: HWY 55 Bituminous Walk Reconstruction Project
City of Hastings, MN
WSB Project No. 022687-000
Dear Mayor and Council Members:
Bids were received for the above-referenced project on Wednesday, August 30, 2023, and were
opened and read aloud. Four bids were received. The bids were checked for mathematical
accuracy. Please find enclosed the bid summary indicating the low bid as submitted by
McNamara Contracting, Rosemount, Minnesota in the amount of $278,247.50. The Engineer’s
Estimate was $280,557.50.
We recommend that the City Council consider these bids and award a contract in the amount of
$278,247.50 to McNamara Contracting based on the results of the bids received.
Sincerely,
WSB
Justin Messner, PE
Director of Municipal Operations
Attachments
kkp
K:\022687-000\Admin\Construction Admin\Bidding\022687-000 LOR 083023.docx
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A PROPOSAL FOR
Hastings HWY 55 Trail Reconstruction Project
FOR THE CITY OF HASTINGS
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IX-01
Hastings HWY 55 Trail Reconstruction Project 1
September 7, 2023
Mr. Chris Jenkins
Parks and Recreation Director
City of Hastings
920 West 10th Street
Hastings, MN 55033
Re: Proposal to Provide Professional Services for
Hastings HWY 55 Trail Reconstruction Project
Dear Mr. Jenkins:
On behalf of WSB & Associates, Inc., we are excited to submit this proposal to provide Professional
Services for the City of Hastings HWY 55 Trail Reconstruction Project. Our firm has the experience
and the expertise necessary to meet the City’s trail reconstruction needs. WSB is a full-service
design and consulting firm that can provide the City of Hastings with all the necessary professional
services – construction survey and staking, material testing, and contract administration and
inspection to deliver a successful project.
Enclosed you will find a proposal to complete the tasks associated with the Hastings HWY 55 Trail
Reconstruction Project. The proposal includes an hourly breakdown to complete each of the tasks
associated with the project. The terms of this proposal shall remain valid for the duration of the
project.
Thank you for the opportunity to submit a proposal on this project. If you have questions about the
content of this proposal, please feel to reach out at jmessner@wsbeng.com or 612.388.9652.
Sincerely,
WSB
Justin Messner, PE
Director of Municipal Operations
Attachment – Project Budget Worksheet
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Hastings HWY 55 Trail Reconstruction Project 2
PROJECT UNDERSTANDING
WSB LLC. (WSB) has prepared plans and specifications for the HWY 55 Trail Reconstruction Project. The
City of Hastings has requested a proposal for construction survey and staking, material testing, and contract
administration and inspection.
Based on our extensive expertise with similar projects and our project understanding, we are confident
about successfully and professionally undertaking this project.
PROJECT APPROACH/SCOPE OF SERVICES
WSB’s project scope and proposed work plan are based on our understanding of the mission as previously
described. To complete the project, we propose the following scope of services:
Task 1: Construction Survey and Staking
WSB will provide a National Society of Professional Surveyors, Certified Survey Technician and Survey
Crew Chief with experience performing construction staking on projects of similar size. Our survey crew will
perform construction staking for the duration of the contract, in response to the contractor’s needs. They
will provide construction staking services to assure accurate and quality workflow in a timely manner to
maintain the project’s schedule. All our survey personnel are experienced in utilizing Trimble GPS
equipment and Trimble Robotic Total Stations to ensure accurate and efficient staking procedures. They
will utilize the full capabilities of their equipment for the use of detailed proposed surfaces for construction
staking, allowing them to effectively respond to all project needs. All of our staff have performed numerous
contractors staking projects on behalf of local, state, and government agencies, as well as Contractors.
Task 2: Construction Material Testing
WSB’s Construction Materials Testing (CMT) Group has more than four decades of experience providing
construction materials testing on roadway improvement projects throughout the state on behalf of local,
county, and state agencies, including state-aid and federally funded projects. With our new state of-the-art,
accredited materials testing lab, located in Burnsville, we perform both quality control and quality assurance
testing for timely and accurate testing results. WSB has a strong commitment to technical excellence, by
maintaining our certifications and upholding safe work practices. All of our training, testing, and reporting
are completed in accordance with industry standards and follow national published standards such as
ASTM, IBC, ICC, AASHTO, MnDOT, ACI, and OSHA. With more than 70 MnDOT certified inspectors and
material testers, we can not only meet the demands of every project but have the expertise to ensure quality
results. As an example of our expertise, WSB serves as instructors for several MnDOT Certification classes
which teach the standards and processes for material testing.
We understand that infrastructure is only as sound as the materials used to build it. Our WSB Laboratory
is accredited by AASHTO resource, formerly known as AASHTO Materials Reference Laboratory (AMRL),
and USACE Validated. WSB offers hundreds of various test capabilities on soils, aggregates, bituminous,
concrete, masonry and a variety of other construction related materials. By achieving this accolade from
AASHTO resource, we have met the high standards for quality, experience, performance, and
documentation set forth by this nationally recognized organization, and with this, we provide the tools
necessary to maximize the value and life expectancy of your investment.
Task 3: Construction Administration and Inspection
This will include correspondence with the contractor regarding project contract items, preparation of partial
and final pay estimates, weekly project updates to the Owner’s representative, lead weekly construction
meetings and general coordination with Owner’s representative regarding project items and progress. This
task also includes preparation of an agenda and conducting the preconstruction meeting. WSB will send
out weekly emails for construction updates to keep stakeholders informed.
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Hastings HWY 55 Trail Reconstruction Project 3
WSB will provide the City of Hastings with part-time construction observation with (20 hours per week) one
sole observer for the project. We propose that the contract requires completion of the project within 3 weeks
required for observation services. It is assumed that the project areas will be completed concurrently with
each contractor/subcontractor sequencing their work from one area to the other. It is assumed that only
one observer will be needed to observe the critical components of the project such as trail paving and
pedestrian ramp construction.
WSB will also perform the necessary erosion and sediment control compliance inspections for the project
required by the MPCA NPDES requirements.
SCHEDULE
WSB will begin work immediately upon receiving your Notice to Proceed. WSB proposes to schedule a
preconstruction meeting with the Contractor the week of September 18th with construction to begin following
final approval of the MnDOT permitting. Final construction completion is identified for October 2023.
PROPOSED FEE
WSB will provide the services as outlined in Project Approach / Scope of Services. Our budget was
developed based on our understanding of the scope and experience with similar types of projects. The
following is a summary of the costs for each phase of the project:
Task Description Fee
1 Construction Survey Staking $8,138
2 Construction Materials Testing $8,738
3 Construction Administration and Inspection $14,364
Total $31,240
We propose to conduct the work listed above on an hourly basis for an estimated total fee of $31,240.
We will review our progress weekly and will not exceed this amount without your prior approval should the
scope of the project change.
If this proposal is acceptable, please execute the signature block below and return as our authorization to
proceed. If you agree with the terms of this proposal, WSB will draft a Professional Services Agreement
for this project for execution by both parties.
ACCEPTED BY: CITY OF HASTINGS, MN
Signature:
Name/Title:
Date:
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Estimate of Cost
City of Hastings, MinnesotaProfessional Engineering Services
Hastings HWY 55 Trail Reconstruction Project
Senior
Project
Manager
Project
Engineer Construction
Inspection
Environmental
Compliance
Inspection
Administrative Two-Person
Survey Crew
Survey
Coordination
Total
Hours Cost
Justin
Messner
Katie
KoscielakTaskDescription
1 Construction Survey and Staking
1.1 Field Staking 32 32 $7,520.00
1.2 Office Survey 3 3 $618.00
Task 1 Total Estimated Hours and Fee 32 3 35 $8,138.00
2 Construction Materials Testing
2.1 Material Testing $8,737.50 8738 $8,737.50
Task 2 Total Estimated Hours and Fee $8,737.50
3 Construction Administration and Inspection
3.1 Project Management 4 12 16 $2,812.00
3.2 Contract Administration 4 12 10 4 30 $4,312.00
3.3 Construction Inspection 4 60 64 $6,760.00
3.5 Environmental Compliance 4 4 $480.00
Task 2 Total Estimated Hours and Fee 8 28 70 4 4 114 $14,364.00
Total Estimated Hours 8 28 70 4 4 32 3 149 $31,239.50
Average Hourly Billing Rate 223.00 160.00 102.00 120.00 120.00 235.00 206.00
TOTAL PROJECT COST $31,239.50
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
HWY 55 BITUMINOUS WALK RECONSTRUCTION PROJECT AGREEMENT CITY OF HASTINGS, MN
WSB PROJECT NO. 022687-000 PAGE 1
THIS AGREEMENT is by and between The City of Hastings (“Owner”) and
(“Contractor”).
Terms used in this Agreement have the meanings stated in the General Conditions and the
Supplementary Conditions.
Owner and Contractor hereby agree as follows:
ARTICLE - 1 WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
The HWY 55 Bituminous Walk Reconstruction Project shall include the furnishing of all labor,
materials, tools, and equipment necessary to complete the bituminous walk construction and
appurtenant work as shown on the Plans and specified herein.
ARTICLE - 2 THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: HWY 55 Bituminous Walk Reconstruction Project for the City of Hastings, MN, WSB
Project No. 022687-000.
ARTICLE - 3 ENGINEER
3.01 The Owner has retained WSB & Associates, Inc. d/b/a WSB (“Engineer”) to act as Owner’s
representative, assume all duties and responsibilities, and have the rights and authority assigned
to Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by WSB & Associates, Inc.
d/b/a WSB.
ARTICLE - 4 CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Dates
A. The Work will be substantially completed on or before October 31, 2023, and completed and
ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or
before June 30, 2024.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01
above and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the Contract Times, as duly modified. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed on time.
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HWY 55 BITUMINOUS WALK RECONSTRUCTION PROJECT AGREEMENT CITY OF HASTINGS, MN
WSB PROJECT NO. 022687-000 PAGE 2
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as
liquidated damages for delay (but not as a penalty):
1. Substantial Completion: Contractor shall pay Owner liquidated damages in accordance
with MnDOT Table 1807-1 for each Calendar Day that expires after the time (as duly
adjusted pursuant to the Contract) specified above for Substantial Completion, until the
Work is substantially complete.
2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted
pursuant to the Contract) for completion and readiness for final payment, Contractor shall
pay Owner liquidated damages in accordance with MnDOT Table 1807-1 for each
Calendar Day that expires after such time until the Work is completed and ready for final
payment.
3. Liquidated damages for failing to timely attain Milestones, Substantial Completion and
final completion are not additive and will not be imposed concurrently.
ARTICLE - 5 CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amounts that follow, subject to adjustment under the Contract:
A. Contract Price: _______________________________ and XX/100 Dollars ($__________)
Base Bid and Alternate(s) No. __ subject to adjustment based on the provisions of the
Contract.
B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the
actual quantity of that item). The extended prices for Unit Price Work set forth as of the
Effective Date of the Contract are based on estimated quantities. As provided in Paragraph
13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by Engineer.
C. The Contractor’s Bid, attached hereto as an exhibit, provides the basis for the extended
prices for the Unit Price Work.
ARTICLE - 6 PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the
General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment
on or about the last day of each month during performance of the Work as provided in
Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted
in a timely manner and otherwise meet the requirements of the Contract. All such payments
will be measured by the Schedule of Values established as provided in the General
Conditions (and in the case of Unit Price Work based on the number of units completed) or,
in the event there is no Schedule of Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not limited
to liquidated damages, in accordance with the Contract.
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HWY 55 BITUMINOUS WALK RECONSTRUCTION PROJECT AGREEMENT CITY OF HASTINGS, MN
WSB PROJECT NO. 022687-000 PAGE 3
a. 95 percent of Work completed (with the balance being retainage).
1) If 50 percent or more of the Work has been completed, as determined by
Engineer, and if the character and progress of the Work have been satisfactory
to Owner and Engineer, then as long as the character and progress of the Work
remain satisfactory to Owner and Engineer, there will be no additional retainage;
and
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
B. Upon Substantial Completion, Contractor shall submit to the Engineer an Application for
Payment for the retainage amount less the following amounts:
1. 250 percent of the anticipated cost to complete the punch list items; and
2. the greater of $500 or 1 percent of the Contract price to ensure delivery of final
paperwork which includes, but is not limited to operation manuals, payroll documents for
projects subject to prevailing wage requirements, and the IC134 form.
The Owner, upon certification from the Engineer, shall make payment of any undisputed
amounts within 30 days of receipt of the Application for Payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion
or at any other time, unless Contractor submits written consent of the surety to such
payment, return, or release.
6.05 Interest
A. All amounts not paid when due shall bear interest at the rate of 1.5 percent per month.
ARTICLE - 7 CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the Project Manual.
6. Drawings (not attached but incorporated by reference) consisting of ___ sheets with each
sheet bearing the following general title: ___, dated ___.
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HWY 55 BITUMINOUS WALK RECONSTRUCTION PROJECT AGREEMENT CITY OF HASTINGS, MN
WSB PROJECT NO. 022687-000 PAGE 4
7. Addenda (numbers ___ to ___, inclusive).
8. Exhibits to this Agreement (enumerated as follows):
a. Completed Bid Form.
b. Non-Collusion Affidavit.
c. Responsible Contractor Verification and Certification of Compliance Form.
9. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Maintenance Bond.
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the Contract.
ARTICLE - 8 REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
A. In order to induce the Owner to enter into this Contract, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents, including
Addenda.
2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas, and become familiar with the general, local, and Site conditions that
may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Contractor has carefully studied all: (a) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings; and (b) reports and drawings relating to Hazardous Environmental Conditions,
if any, at or adjacent to the Site that have been identified in the Supplementary
Conditions, with respect to Technical Data in such reports and drawings.
5. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the effect
of such information, observations, and Technical Data on (a) the cost, progress, and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor; and (c) Contractor’s safety
precautions and programs.
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HWY 55 BITUMINOUS WALK RECONSTRUCTION PROJECT AGREEMENT CITY OF HASTINGS, MN
WSB PROJECT NO. 022687-000 PAGE 5
6. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price,
within the Contract Times, and in accordance with the other terms and conditions the
Contract.
7. Contractor is aware of the general nature of work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Contract Documents.
8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
9. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
10. Contractor’s entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
8.02 Contractor’s Certifications
A. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a
requirement of this Contract. This Contract may be terminated by the Owner at any time upon
discovery by the Owner that the prime contractor or subcontractor has submitted a false
statement under oath verifying compliance with any of the minimum criteria set forth in the
Statute.
B. The provisions of MINN. STAT. 471.425, subdivision 4a. are imposed as a requirement of
this Contract.
1. Each contract of a municipality must require the prime contractor to pay any
subcontractor within ten days of the prime contractor’s receipt of payment from the
municipality for undisputed services provided by the subcontractor. The contract must
require the prime contractor to pay interest of 1.5 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil
action to collect interest penalties from a prime contractor must be awarded its costs and
disbursements, including attorney’s fees, incurred in bringing the action.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
EJCDC® C-700, Standard General Conditions for the Construction Contract (2018),
published by the Engineer’s Joint Contract Documents Committee, and if Owner is the party
that has furnished said General Conditions, then Owner has plainly shown all modifications to
the standard wording of such published document to the Contractor, through a process such
as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.
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HWY 55 BITUMINOUS WALK RECONSTRUCTION PROJECT AGREEMENT CITY OF HASTINGS, MN
WSB PROJECT NO. 022687-000 PAGE 6
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on (which is the Effective Date of the Contract).
Owner: Contractor:
By:
By:
Date:
Date:
Name:
Name:
Title:
Title:
(If Contractor is a corporation, a partnership, or a
joint venture, attach evidence of authority to
sign.)
Attest:
Attest:
Title:
Title:
Address for giving notices:
Address for giving notices:
Designated Representative:
Designated Representative:
Name:
Name:
Title:
Title:
Address:
Address:
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