HomeMy WebLinkAboutIX-03 Receiving Bids and Awarding Contract for Lake Rebecca Park ProjectCity Council Memorandum
To:Mayor Fasbender & City Councilmembers
From:Chris Jenkins, Parks & Recreation Director
Date:April 7, 2025
Item:Lake Rebecca Park Improvements Project Award
Council Action Requested:Accept bid and Award Contract to Ashwill
Companies.
Background Information:The Lake Rebecca Park Improvements
Projectis and LCCMR Grant funded project with a total of $1M in grant
funds. A thorough master plan was developed,and this contract is the
second and final piece to make planned improvements at Lake Rebecca
Park.
Our consulting team at HKGI developed the master plan and the
construction bidding documents. Bids were opened on March 13, 2025, six
companies submitted bids and Ashwill Companies was the low, responsive,
responsible bidder. HKGI staff have verified Ashwill Companies has a full
understanding of the project and ability to accomplish the project.
Ashwill Companies has submitted a project schedule that will complete all
elements of this project in early June 2025. This will be ahead of the
currentJune 30, 2025 completion deadline for the grant.The City has
requested a completion date extension to June 30, 2026, however we still
do not know if that will be approved by the MN Legislature. Everyone’s goal
is to complete this project by our current June 30, 2025 deadline.
Staff recommend accepting the bid and awarding the contract to Ashwill
Companies.
Financial Impact:The entirety of this project is grant funded with this
contract being bid at $511,790.94.If through unforeseen circumstances,
the project work is not completed and the City does not receive an
extension,whatever work is not yet completed will be the financial
responsibility of the City. There is some financial risk, however we have
confidence the work will be completed ahead of the current June 30
deadline.
IX-03
Advisory Commission Discussion:N/A
Council Committee Discussion:N/A
Attachments:
▪Award Recommendation
▪Bid Tabulation
▪Proposed Project Schedule
▪Contract
IX-03
800 Washington Avenue North, Suite 207
Minneapolis, MN 55401
Memorandum
To:Chris Jenkins, Parks and Recreation Director
From: Amy Bower, Project Landscape Architect
Subject:Hastings Lake Rebecca Park Improvements –Contract Award Recommendation
Date:April 3, 2025
The bid for the Hastings Lake Rebecca Park Improvements Project was opened on Tuesday, March 13th,
2025. Six bids were received.
HKGI recommends project award to Ashwill Companies for a Base Bid of $330,778.05,and acceptance
of the following alternates;
alternate 2:Paddle launch with boardwalk $64,031.88,
alternate 3: 58 boulder car stops $15,489.48,
alternate 4: 11 solar lights $ 55,154.00,
alternate 5: Additional sidewalk: $19,011.73,
alternate 6: Hydraulic bonded fiber matrix $ 27,328.00,
and reject alternate 1: paddle launch (w/out boardwalk) $53,931.53,
for at total award of: $511,790.94.
Recommendation is based on the following;
1.Ashwill Companies submitted the lowest price for the Base Bid and chosen alternates.
2.Ashwill Companies pricing for the Base Bid is below engineer estimate, and a reasonable cost.
3.Ashwill Companies has years of experience for successful site construction work, including
many successful park projects, and will self-preform much of the work.
4.A bid opening follow up phone conversation with Kyle Ashwill of Ashwill Companies about the
project demonstrated they had a thorough understanding of project conditions and
requirements.
Feel free to call us with any questions.
Amy Bower, PLA (MN)
Landscape Architect
612-703-2358 | amy@hkgi.com
EiHKGi
Planning|LandscapeArchitecture|UrbanDesign
IX-03
HastingsLakeRebeccaParkImprovements(#9507001)
Owner:HastingsMN,Cityof
Solicitor:HoisingtonKoeglerGroup,Inc
03/13/202502:00PMCDT
EngineerEstimate AshwillCompanies
Sunram
Construction,Inc.
ShorelineLandscaping
&Contracting
MaxSteininger,Inc. ‐
Member
SectionTitLineItem ItemCode ItemDescription UofM Quantity UnitPrice Extension UnitPrice Extension UnitPrice Extension UnitPrice Extension UnitPrice Extension
BaseBid
1 2021.501 Mobilization LS 1 $63,000.00 $63,000.00 $17,602.00 $17,602.00 $26,775.35 $26,775.35 $25,180.00 $25,180.00 $134,606.70 $134,606.70
2 2101.502 Grubbing EA 22 $250.00 $5,500.00 $328.00 $7,216.00 $295.00 $6,490.00 $503.00 $11,066.00 $272.72 $5,999.84
3 2101.502 Clearing EA 22 $250.00 $5,500.00 $359.00 $7,898.00 $105.00 $2,310.00 $490.00 $10,780.00 $117.65 $2,588.30
4 2104.502 RemoveBollards EA 125 $15.00 $1,875.00 $42.76 $5,345.00 $80.00 $10,000.00 $80.00 $10,000.00 $101.08 $12,635.00
5 2104.502 RemoveConcreteSlab EA 16 $200.00 $3,200.00 $233.31 $3,732.96 $315.00 $5,040.00 $833.00 $13,328.00 $235.99 $3,775.84
6 2104.502 RemoveConcreteAbutment EA 1 $600.00 $600.00 $599.00 $599.00 $1,675.00 $1,675.00 $3,100.00 $3,100.00 $3,192.17 $3,192.17
7 2104.502 RemoveLightPole EA 2 $500.00 $1,000.00 $509.50 $1,019.00 $900.00 $1,800.00 $2,510.00 $5,020.00 $494.42 $988.84
8 2104.502 RemoveSign EA 2 $350.00 $700.00 $128.00 $256.00 $50.00 $100.00 $125.00 $250.00 $53.48 $106.96
9 2104.503 RemoveGuardrail LF 200 $50.00 $10,000.00 $6.44 $1,288.00 $12.65 $2,530.00 $15.45 $3,090.00 $10.53 $2,106.00
10 2104.503 RemoveCurb&Gutter LF 176 $20.00 $3,520.00 $6.81 $1,198.56 $14.50 $2,552.00 $18.00 $3,168.00 $8.89 $1,564.64
11 2104.504 RemoveBituminousDrivewayPavement SY 4979 $5.00 $24,895.00 $3.32 $16,530.28 $2.55 $12,696.45 $8.60 $42,819.40 $5.98 $29,774.42
12 2104.504 RemoveBituminousTrailPavement SY 277 $7.00 $1,939.00 $5.16 $1,429.32 $9.15 $2,534.55 $8.10 $2,243.70 $7.21 $1,997.17
13 2104.503 SawingConcretePavement LF 4 $5.00 $20.00 $16.38 $65.52 $10.00 $40.00 $8.00 $32.00 $80.21 $320.84
14 2104.503 SawingBituminousPavement LF 77 $5.00 $385.00 $4.25 $327.25 $5.00 $385.00 $5.00 $385.00 $8.56 $659.12
15 2106.507 Excavation ‐ Common(Cut:1480CY,Fill:50CY)CY 1480 $25.00 $37,000.00 $17.93 $26,536.40 $39.00 $57,720.00 $25.00 $37,000.00 $57.18 $84,626.40
16 2211.507 AggregateBase(CV)Class5 CY 842 $45.00 $37,890.00 $32.89 $27,693.38 $65.75 $55,361.50 $45.00 $37,890.00 $48.84 $41,123.28
17 2232.504 MillBituminousSurface(3")SY 1178 $7.00 $8,246.00 $4.12 $4,853.36 $5.50 $6,479.00 $6.50 $7,657.00 $7.49 $8,823.22
18 2301.504 ConcretePavement4"SY 181 $150.00 $27,150.00 $62.74 $11,355.94 $76.35 $13,819.35 $72.00 $13,032.00 $64.49 $11,672.69
19 2360.504 TypeSP 9.5BaseCourseMixture(3;C)2"thick TON 332 $360.00 $119,520.00 $113.04 $37,529.28 $107.00 $35,524.00 $131.00 $43,492.00 $109.09 $36,217.88
20 2360.504 TypeSP12.5WearingCourseMixture(3;B)3"thick TON 215 $100.00 $21,500.00 $103.00 $22,145.00 $107.00 $23,005.00 $103.00 $22,145.00 $106.95 $22,994.25
21 2360.504 TypeSP12.5WearingCourseMixture(3;C)2"thick TON 332 $315.00 $104,580.00 $105.00 $34,860.00 $112.90 $37,482.80 $118.00 $39,176.00 $109.09 $36,217.88
22 2411.502 ConcreteAbutment EA 1 $10,000.00 $10,000.00 $4,794.82 $4,794.82 $7,875.00 $7,875.00 $5,510.00 $5,510.00 $5,465.02 $5,465.02
23 2511.507 Hand‐placedRiprapClass I CY 4 $175.00 $700.00 $206.81 $827.24 $300.00 $1,200.00 $120.00 $480.00 $476.07 $1,904.28
24 2531.503 ConcreteCurbandGutterDesignB418 LF 203 $70.00 $14,210.00 $51.00 $10,353.00 $42.00 $8,526.00 $42.00 $8,526.00 $38.61 $7,837.83
25 SP BOATLAUNCHEXTENSION ‐ PRECASTSEGMENTSINSTALL EA 6 $500.00 $3,000.00 $357.16 $2,142.96 $681.00 $4,086.00 $2,810.00 $16,860.00 $1,743.33 $10,459.98
26 SP RELOCATEDANDEXTENDFISHINGDOCKWITHGANGWAY LS 1 $8,000.00 $8,000.00 $2,960.00 $2,960.00 $13,300.00 $13,300.00 $21,300.00 $21,300.00 $5,229.99 $5,229.99
27 SP VEHICULARSWINGGATE EA 2 $8,000.00 $16,000.00 $5,700.00 $11,400.00 $4,750.00 $9,500.00 $4,150.00 $8,300.00 $8,368.64 $16,737.28
28 SP LANDSCAPELEDGESTONE ‐ FISHINGACCESS EA 18 $800.00 $14,400.00 $620.61 $11,170.98 $415.00 $7,470.00 $380.00 $6,840.00 $26.96 $485.28
29 SP ADAPARKINGSIGN(withfooting)EA 7 $1,500.00 $10,500.00 $381.00 $2,667.00 $500.00 $3,500.00 $300.00 $2,100.00 $427.79 $2,994.53
30 SP DECIDUOUSTREE ‐ 2.0"CALB&B EA 20 $650.00 $13,000.00 $564.00 $11,280.00 $710.00 $14,200.00 $784.00 $15,680.00 $508.00 $10,160.00
31 2571.502 NativePlugs ‐ 3"cont.EA 590 $5.00 $2,950.00 $9.55 $5,634.50 $7.25 $4,277.50 $8.33 $4,914.70 $11.16 $6,584.40
32 2573.501 StabilizedConstructionExit LS 1 $1,800.00 $1,800.00 $1,784.98 $1,784.98 $850.00 $850.00 $1,500.00 $1,500.00 $500.00 $500.00
33 2573.503 SedimentControlLogTypeWoodFiber LF 3052 $4.00 $12,208.00 $2.95 $9,003.40 $3.00 $9,156.00 $2.65 $8,087.80 $2.62 $7,996.24
34 2573.503 SiltFence;TypeMS LF 1155 $5.00 $5,775.00 $1.25 $1,443.75 $3.00 $3,465.00 $3.00 $3,465.00 $2.19 $2,529.45
35 2575.504 RolledErosionPrevention,DeKoWe400 SY 281 $12.00 $3,372.00 $3.95 $1,109.95 $4.20 $1,180.20 $6.33 $1,778.73 $4.01 $1,126.81
36 2575.505 Seeding ACRE 6.62 $3,000.00 $19,860.00 $221.00 $1,463.02 $315.00 $2,085.30 $2,980.00 $19,727.60 $721.90 $4,778.98
37 2575.508 CrimpedStrawMulch TON 13 $500.00 $6,500.00 $650.00 $8,450.00 $715.00 $9,295.00 $920.00 $11,960.00 $508.00 $6,604.00
38 2575.508 SeedMixture34‐182(6.5LB/AC)LB 6 $500.00 $3,000.00 $239.00 $1,434.00 $210.00 $1,260.00 $121.00 $726.00 $284.21 $1,705.26
39 2575.508 SeedMixture34‐266(40.6LB/AC)LB 165 $100.00 $16,500.00 $34.50 $5,692.50 $25.00 $4,125.00 $22.00 $3,630.00 $33.42 $5,514.30
40 2575.508 SeedMixture35‐542(43.4LB/AC)LB 71 $75.00 $5,325.00 $21.50 $1,526.50 $18.00 $1,278.00 $31.00 $2,201.00 $24.28 $1,723.88
41 2582.503 ParkingStriping ‐ latexbased LF 1410 $5.00 $7,050.00 $0.82 $1,156.20 $1.40 $1,974.00 $2.50 $3,525.00 $0.91 $1,283.10
ESCAllowance
42 2575.601 TemporaryErosionControlAllowance ALLOW 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
BASEBIDTOTAL $657,170.00 $330,775.05 $417,923.00 $482,965.93 $548,612.05
AddAlternate1
1A‐1 2106.507 Excavation ‐ Common(Cut:22CY,Fill:0CY)CY 22 $30.00 $660.00 $25.84 $568.48 $39.00 $858.00 $25.00 $550.00 $57.18 $1,257.96
2A‐1 2211.507 AggregateBase(CV)Class5 CY 16 $45.00 $720.00 $43.80 $700.80 $65.75 $1,052.00 $45.00 $720.00 $48.84 $781.44
3A‐1 2360.504 TypeSP12.5WearingCourseMixture(3;B)3"thick TON 11 $100.00 $1,100.00 $128.13 $1,409.43 $132.00 $1,452.00 $115.00 $1,265.00 $133.68 $1,470.48
4A‐1 2411.502 ConcreteAbutment EA 1 $10,000.00 $10,000.00 $4,794.82 $4,794.82 $7,875.00 $7,875.00 $5,510.00 $5,510.00 $5,465.02 $5,465.02
5A‐1SP NPSPADDLELAUNCHWITHGANGWAY LS 1 $90,000.00 $90,000.00 $46,458.00 $46,458.00 $56,830.00 $56,830.00 $54,200.00 $54,200.00 $58,046.77 $58,046.77
ALT1TOTAL $102,480.00 $53,931.53 $68,067.00 $62,245.00 $67,021.67
AddAlternate2
1A‐2 2106.507 Excavation ‐ Common(Cut:12CY,Fill:0CY)CY 12 $30.00 $360.00 $25.19 $302.28 $39.00 $468.00 $25.00 $300.00 $57.18 $686.16
2A‐2 2211.507 AggregateBase(CV)Class5 CY 9 $45.00 $405.00 $57.42 $516.78 $65.75 $591.75 $45.00 $405.00 $48.84 $439.56
3A‐2 2360.504 TypeSP12.5WearingCourseMixture(3;B)3"thick SY 6 $100.00 $600.00 $154.00 $924.00 $160.00 $960.00 $115.00 $690.00 $160.42 $962.52
4A‐2 2411.502 ConcreteAbutment EA 1 $6,500.00 $6,500.00 $4,794.82 $4,794.82 $7,875.00 $7,875.00 $5,510.00 $5,510.00 $5,465.02 $5,465.02
5A‐2SP NPSPADDLELAUNCHWITHGANGWAY LS 1 $90,000.00 $90,000.00 $46,458.00 $46,458.00 $56,830.00 $56,830.00 $54,200.00 $54,200.00 $58,046.77 $58,046.77
6A‐2SP BOARDWALK LF 50 $150.00 $7,500.00 $220.72 $11,036.00 $557.00 $27,850.00 $398.00 $19,900.00 $240.53 $12,026.50
ALT2TOTAL $105,365.00 $64,031.88 $94,574.75 $81,005.00 $77,626.53
AddAlternate3
1A‐3SP LANDSCAPEBOULDERS ‐ CARSTOP EA 58 $300.00 $17,400.00 $267.06 $15,489.48 $235.00 $13,630.00 $210.00 $12,180.00 $160.42 $9,304.36
ALT3TOTAL $17,400.00 $15,489.48 $13,630.00 $12,180.00 $9,304.36
AddAlternate4
1A‐4SP SOLARAREALIGHT POLES EA 11 $3,000.00 $33,000.00 $5,014.00 $55,154.00 $5,380.00 $59,180.00 $4,867.00 $53,537.00 $5,342.03 $58,762.33
ALT4TOTAL $33,000.00 $55,154.00 $59,180.00 $53,537.00 $58,762.33
AddAlternate5
1A‐5 2101.505 Clearing ACRE 0.1 $5,000.00 $500.00 $39,980.00 $3,998.00 $10,000.00 $1,000.00 $8,800.00 $880.00 $9,625.28 $962.53
2A‐5 2101.505 Grubbing ACRE 0.1 $5,000.00 $500.00 $34,850.00 $3,485.00 $3,500.00 $350.00 $8,230.00 $823.00 $3,208.43 $320.84
3A‐5 2106.507 Excavation ‐ Common(Cut:24CY,Fill:40CY)CY 40 $30.00 $1,200.00 $20.74 $829.60 $39.00 $1,560.00 $22.00 $880.00 $57.18 $2,287.20
4A‐5 2211.507 AggregateBase(CV)Class5 CY 11 $45.00 $495.00 $56.25 $618.75 $65.75 $723.25 $45.00 $495.00 $48.84 $537.24
5A‐5 2301.504 ConcretePavement4"SY 137 $150.00 $20,550.00 $62.74 $8,595.38 $76.35 $10,459.95 $72.00 $9,864.00 $64.49 $8,835.13
6A‐5 2503.603 12"ConcreteTrenchDrain LF 5.5 $200.00 $1,100.00 $270.00 $1,485.00 $1,050.00 $5,775.00 $882.00 $4,851.00 $614.94 $3,382.17
ALT4TOTAL $24,345.00 $19,011.73 $19,868.20 $17,793.00 $16,325.11
AddAlternate6
1A‐6 2575.508 HydraulicBondedFiberMatrix LB 23160 $2.00 $46,320.00 $1.18 $27,328.80 $1.50 $34,740.00 $1.55 $35,898.00 $0.91 $21,075.60
ALT5TOTAL $46,320.00 $27,328.80 $34,740.00 $35,898.00 $21,075.60
BASEBIDAND 1‐6ALT TOTAL EE $986,080.00 $565,722.47 $707,982.95 $745,623.93 $798,727.65
IX-03
HastingsLakeRebeccaParkImprovements(#9507001)
Owner:HastingsMN,Cityof
Solicitor:HoisingtonKoeglerGroup,Inc
03/13/202502:00PMCDT
SectionTitLineItem ItemCode ItemDescription UofM Quantity
BaseBid
1 2021.501 Mobilization LS 1
2 2101.502 Grubbing EA 22
3 2101.502 Clearing EA 22
4 2104.502 RemoveBollards EA 125
5 2104.502 RemoveConcreteSlab EA 16
6 2104.502 RemoveConcreteAbutment EA 1
7 2104.502 RemoveLightPole EA 2
8 2104.502 RemoveSign EA 2
9 2104.503 RemoveGuardrail LF 200
10 2104.503 RemoveCurb&Gutter LF 176
11 2104.504 RemoveBituminousDrivewayPavement SY 4979
12 2104.504 RemoveBituminousTrailPavement SY 277
13 2104.503 SawingConcretePavement LF 4
14 2104.503 SawingBituminousPavement LF 77
15 2106.507 Excavation ‐ Common(Cut:1480CY,Fill:50CY)CY 1480
16 2211.507 AggregateBase(CV)Class5 CY 842
17 2232.504 MillBituminousSurface(3")SY 1178
18 2301.504 ConcretePavement4"SY 181
19 2360.504 TypeSP9.5BaseCourseMixture(3;C)2"thick TON 332
20 2360.504 TypeSP12.5WearingCourseMixture(3;B)3"thick TON 215
21 2360.504 TypeSP12.5WearingCourseMixture(3;C)2"thick TON 332
22 2411.502 ConcreteAbutment EA 1
23 2511.507 Hand‐placedRiprapClass I CY 4
24 2531.503 ConcreteCurbandGutterDesignB418 LF 203
25 SP BOATLAUNCHEXTENSION ‐ PRECASTSEGMENTSINSTALL EA 6
26 SP RELOCATEDANDEXTENDFISHINGDOCKWITHGANGWAY LS 1
27 SP VEHICULARSWINGGATE EA 2
28 SP LANDSCAPELEDGESTONE ‐ FISHINGACCESS EA 18
29 SP ADAPARKINGSIGN(withfooting)EA 7
30 SP DECIDUOUSTREE ‐ 2.0"CALB&B EA 20
31 2571.502 NativePlugs ‐ 3"cont.EA 590
32 2573.501 StabilizedConstructionExit LS 1
33 2573.503 SedimentControlLogTypeWoodFiber LF 3052
34 2573.503 SiltFence;TypeMS LF 1155
35 2575.504 RolledErosionPrevention,DeKoWe400 SY 281
36 2575.505 Seeding ACRE 6.62
37 2575.508 CrimpedStrawMulch TON 13
38 2575.508 SeedMixture34‐182(6.5LB/AC)LB 6
39 2575.508 SeedMixture34‐266(40.6LB/AC)LB 165
40 2575.508 SeedMixture35‐542(43.4LB/AC)LB 71
41 2582.503 ParkingStriping ‐ latexbased LF 1410
ESCAllowance
42 2575.601 TemporaryErosionControlAllowance ALLOW 1
BASEBIDTOTAL
AddAlternate1
1A‐1 2106.507 Excavation ‐ Common(Cut:22CY,Fill:0CY)CY 22
2A‐1 2211.507 AggregateBase(CV)Class5 CY 16
3A‐1 2360.504 TypeSP12.5WearingCourseMixture(3;B)3"thick TON 11
4A‐1 2411.502 ConcreteAbutment EA 1
5A‐1SP NPSPADDLELAUNCHWITHGANGWAY LS 1
ALT1TOTAL
AddAlternate2
1A‐2 2106.507 Excavation ‐ Common(Cut:12CY,Fill:0CY)CY 12
2A‐2 2211.507 AggregateBase(CV)Class5 CY 9
3A‐2 2360.504 TypeSP12.5WearingCourseMixture(3;B)3"thick SY 6
4A‐2 2411.502 ConcreteAbutment EA 1
5A‐2SP NPSPADDLELAUNCHWITHGANGWAY LS 1
6A‐2SP BOARDWALK LF 50
ALT2TOTAL
AddAlternate3
1A‐3SP LANDSCAPEBOULDERS ‐ CARSTOP EA 58
ALT3TOTAL
AddAlternate4
1A‐4SP SOLARAREALIGHTPOLES EA 11
ALT4TOTAL
AddAlternate5
1A‐5 2101.505 Clearing ACRE 0.1
2A‐5 2101.505 Grubbing ACRE 0.1
3A‐5 2106.507 Excavation ‐ Common(Cut:24CY,Fill:40CY)CY 40
4A‐5 2211.507 AggregateBase(CV)Class5 CY 11
5A‐5 2301.504 ConcretePavement4"SY 137
6A‐5 2503.603 12"ConcreteTrenchDrain LF 5.5
ALT4TOTAL
AddAlternate6
1A‐6 2575.508 HydraulicBondedFiberMatrix LB 23160
ALT5TOTAL
BASEBIDAND 1‐6ALT TOTAL
Blackstone
ContractorsLLC UrbanCompanies
UnitPrice Extension UnitPrice Extension
$93,000.00 $93,000.00 $42,000.00 $42,000.00
$258.18 $5,679.96 $400.00 $8,800.00
$645.45 $14,199.90 $200.00 $4,400.00
$93.20 $11,650.00 $250.00 $31,250.00
$443.75 $7,100.00 $500.00 $8,000.00
$2,840.00 $2,840.00 $1,000.00 $1,000.00
$355.00 $710.00 $1,000.00 $2,000.00
$355.00 $710.00 $200.00 $400.00
$12.10 $2,420.00 $30.00 $6,000.00
$8.07 $1,420.32 $15.00 $2,640.00
$5.28 $26,289.12 $15.00 $74,685.00
$7.69 $2,130.13 $15.00 $4,155.00
$35.50 $142.00 $10.00 $40.00
$9.22 $709.94 $10.00 $770.00
$55.47 $82,095.60 $32.00 $47,360.00
$45.27 $38,117.34 $60.00 $50,520.00
$3.12 $3,675.36 $8.50 $10,013.00
$63.81 $11,549.61 $78.00 $14,118.00
$120.81 $40,108.92 $115.00 $38,180.00
$100.85 $21,682.75 $110.00 $23,650.00
$112.27 $37,273.64 $115.00 $38,180.00
$5,365.50 $5,365.50 $6,000.00 $6,000.00
$204.50 $818.00 $150.00 $600.00
$38.02 $7,718.06 $48.00 $9,744.00
$1,780.00 $10,680.00 $4,000.00 $24,000.00
$4,260.00 $4,260.00 $60,000.00 $60,000.00
$9,275.00 $18,550.00 $17,500.00 $35,000.00
$435.56 $7,840.08 $800.00 $14,400.00
$826.00 $5,782.00 $2,000.00 $14,000.00
$919.80 $18,396.00 $900.00 $18,000.00
$10.68 $6,301.20 $17.50 $10,325.00
$968.00 $968.00 $3,000.00 $3,000.00
$2.40 $7,324.80 $6.00 $18,312.00
$4.07 $4,700.85 $5.00 $5,775.00
$7.85 $2,205.85 $11.50 $3,231.50
$4,131.42 $27,350.00 $10,000.00 $66,200.00
$1,284.62 $16,700.06 $1,150.00 $14,950.00
$192.50 $1,155.00 $209.50 $1,257.00
$24.18 $3,989.70 $30.00 $4,950.00
$15.23 $1,081.33 $18.00 $1,278.00
$2.23 $3,144.30 $3.00 $4,230.00
$5,000.00 $5,000.00 $5,000.00 $5,000.00
$562,835.32 $728,413.50
$63.00 $1,386.00 $32.00 $704.00
$55.38 $886.08 $55.00 $880.00
$100.70 $1,107.70 $110.00 $1,210.00
$5,365.50 $5,365.50 $6,000.00 $6,000.00
$52,500.00 $52,500.00 $75,000.00 $75,000.00
$61,245.28 $83,794.00
$48.00 $576.00 $32.00 $384.00
$49.11 $441.99 $55.00 $495.00
$100.63 $603.78 $110.00 $660.00
$5,365.50 $5,365.50 $6,000.00 $6,000.00
$52,500.00 $52,500.00 $75,000.00 $75,000.00
$320.40 $16,020.00 $500.00 $25,000.00
$75,507.27 $107,539.00
$197.93 $11,479.94 $250.00 $14,500.00
$11,479.94 $14,500.00
$4,772.73 $52,500.03 $5,500.00 $60,500.00
$52,500.03 $60,500.00
$14,200.00 $1,420.00 $1,000.00 $100.00
$14,200.00 $1,420.00 $1,000.00 $100.00
$35.50 $1,420.00 $32.00 $1,280.00
$57.64 $634.04 $55.00 $605.00
$91.97 $12,599.89 $78.00 $10,686.00
$1,090.90 $5,999.95 $665.00 $3,657.50
$23,493.88 $16,428.50
$1.39 $32,192.40 $1.70 $39,372.00
$32,192.40 $39,372.00
$819,254.12 $1,050,547.00
IX-03
April May June
TASK Duration 35 Working daysStart Date Finish Date
Survey 1 4/21/2025
Erosion control 1 4/22/2025
Construction entrance 1 4/28/2025
Mobilization 1 4/23/2025
Clear and Grub 4 4/23/2025
Misc Site Removals 3 5/1/2025 5/5/2025
Mill Trail 1 4/29/2025
Remove Bit. Driveway/Parking Lot 3 5/8/2025 5/12/2025
Remove light poles 1 4/23/2025
Class 5 Parking lot 2 5/13/2025 5/15/2025
Excavate common 2 5/2/2025 5/5/2025
Aggbase class 5 - Trail sections and sidwalk 2 5/6/2025 5/7/2025
Curb and gutter install 1 5/16/2025
Concrete abutmets 1 5/2/2025
Install boat ramp precast segments 1 5/16/2025
Trees and plug planting 2 5/22/2025 5/23/2025
Boardwalk 4 5/7/2025 5/12/2025
Paddle launch 1 TBD
Ledge stone steps 2 5/2/2025 5/3/2025
Light poles 3 5/15/2025 TBD on Poles5/19/2025
Boulders 2 5/19/2025 5/20/2025
Move dock 1 5/15/2025
Swing gate 2 5/19/2025 5/20/2025
Sidewalks 3 5/19/2025 5/21/2025
Parking lot Tolerance 1 5/22/2025
Paving - Parking Lot 4 5/26/2025 5/29/2025
striping 1 6/6/2025
Final grade 2 5/22/2025 5/23/2025
Seeding 3 6/2/2025 6/4/20025
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AGREEMENT FORM 00 52 00 Page 1 of 12
AGREEMENT FORM
CITY OF HASTINGS –LAKE REBECCA IMPROVEMENTS
This agreement (“Agreement”)is between the City of Hastings,Minnesota ("City"),
whose business address is 101 4TH Street East,Hastings,MN 55033 and
Ashwill Companies ,a Minnesota Contractor whose business address is
14730 15th Street SW,Cokato,MN 55321 (mailing address:PO Box 507,Cokato,MN 55321).
Based on the mutual promises and covenants set forth herein,the sufficiency of which are hereby
acknowledged,the City and Contractor agree as follows:
1.Agreement.This document,any attached exhibits and the following listed documents shall
hereinafter be referred to collectively as the “Agreement”,all of which shall be taken together as a
whole as the contract between the parties as if they were set out verbatim and in full herein:
▪This contract document;
▪Advertisement for Bids
▪Plans and Specifications:dated 01/10/2025
▪Proposal submitted by Contractor and on file in the office of the City Manager;
▪Performance Bond and Payment Bond;and
▪Insurance Certificate(s).
The Contractor agrees to provide,perform and complete all the materials and services in accordance
with the terms of this Agreement (“Work”).If there is any dispute between the documents,the
documents shall govern in the above listed order with this contract document superseding all other
documents.
2.Effective Date and Terms of Agreement.This Agreement shall become effective as of:(tentative
April 7,2025).
The Work shall be completed by June 30,2025,with the follow milestone dates:
Trees felled by April 15,2025
3.Compensation for Services.City agrees to pay the Contractor in accordance with bid items used,
but not to exceed $511,790.94_(“Contract Price”),as full and complete payment for the Work
A.Any changes in the scope of the Work which may result in an increase to the compensation
due the Contractor shall require prior written approval by an authorized representative of the
City or by the City Council.The City will not pay additional compensation for services or
materials that do not have prior written authorization.
B.If Contractor is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes,riots,fires,acts of God,governmental actions,actions of
a third party,or actions or inactions of City,the time for performance shall be extended by
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AGREEMENT FORM 00 52 00 Page 2 of 12
the period of time lost by reason of the delay.Contractor will be entitled to payment for its
reasonable additional charges,if any,due to the delay.
4.Method of Payment.Contractor shall prepare and submit to City,on a monthly basis,itemized
invoices setting forth work performed and the payments requested under this Agreement.Contractor
shall provide an itemized listing of all expenses and such other documentation as reasonably required
by the City.Each invoice shall contain the Project Name (Lake Rebecca Park Recreation Area
Improvements)and a progress summary showing the current billing,past payments,documentation
of prevailing wages,and unexpended balance of the Contract Price.Invoices submitted shall be paid
in the same manner as other claims made to the City.
A.Claims.In compliance with Minn.Stat.471.38,by making a claim for payment,Contractor is
declaring that the account,claim,or demand is just and correct and that no part of it has been
paid.
B.Amounts over $100,000 to be via ACH (automated clearing house –electronic transfer)
C.Final Payment.Final payment,constituting the entire unpaid balance of the Contract Price
shall be paid by the City to the Contractor when the Work has been completed,this
Agreement fully performed,and the City accepts the Work in writing.No final payment shall
be made to the Contractor until the Contractor has provided all of the following:
i.Contractor’s affidavit that all payrolls,bills for materials and equipment,and other
indebtedness connected with the Work for which the City or its property might in any
way be responsible,have been paid or otherwise satisfied.
ii.A general lien waiver and lien waivers from all subcontractors waiving liens related to
the Work.
iii.A certificate by the Commissioner of Revenue stating that the Contractor and each of
its subcontracts has complied with the provisions of Minn.Stat.290.92 relating to
withholding of income taxes upon wages.
D.Waiver of Claims.The Contractor’s acceptance of final payment shall constitute a waiver of
all claims by the Contractor except those previously made in writing and identified by the
Contractor as unsettled at the time of application for final payment.
5.Compliance with Laws and Regulations.In providing the Work,the Contractor shall abide by all
statutes,ordinances,rules,and regulations pertaining to the Work.Any violation of statutes,
ordinances,rules and regulations pertaining to the Work shall constitute a material breach of this
Agreement and entitle the City to immediately terminate this Agreement.
6.Contractor’s Employees.Contractor and its employees,representatives and agents shall comply with
all City policies (no smoking,parking location,check in,sign it,etc.).Contractor and its employees,
representatives and agents shall use care,coordination and communication in order to ensure City
employees and guests are not disturbed or inconvenienced.Contractor’s employees,representatives
and agents shall be neat appearing and at City’s request wear an identification badge approved by the
City.Contractor must honor the City’s request to reassign an employee,representative or agent
whom the City determines is unsuitable for the Work.When necessary,Contractor’s employees,
representatives and agents will be provided with keys or access cards in order to perform their work.
Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the
Contractor.The City shall have the right to perform or require to be performed criminal background
checks on any employee,representative or agent of the Contractor who will perform any aspect of
the Work.The Contractor shall cooperate with the City in the performance of all such criminal
background checks.
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7.Contractor’s Representative.Contractor has designated a project representative to coordinate with
the City and manage the Work.The project representative shall be assisted by other staff members
as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement.
Contractor may not remove or replace the project representative without the approval of the City.
8.Standard of Care.Contractor shall exercise the same degree of care,skill and diligence in the
performance of the Work as is ordinarily exercised by members of the profession under similar
circumstances in Dakota County,Minnesota.Contractor shall be liable to the fullest extent permitted
under applicable law,without limitation,for any injuries,loss,or damages proximately caused by
Contractor's breach of this standard of care.Contractor shall put forth reasonable efforts to complete
the Work in a timely manner.Contractor shall not be responsible for delays caused by factors beyond
its control or that could not be reasonably foreseen at the time of execution of this Agreement.
Contractor shall be responsible for costs,delays or damages arising from unreasonable delays in the
performance of the Work.
9.Responsible Contractor.Contractor warrants under oath that Contractor is in compliance with the
minimum criteria required of a “responsible contractor”as that term is defined in Minn.Stat.16C.285,
Subd.3.Contractor has provided to City a list of all of its first‐tier subcontractors and motor carriers
that it intends to retain for the Work.The Contractor has obtained from all subcontractors and motor
carriers with which it will have a direct contractual relationship a signed statement under oath by an
owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria
in Minn.Stat.16C.285,Subd.3.If Contractor retains additional subcontractors or motor carriers for
the Work after submitting its verification of compliance,the Contractor shall obtain verification of
compliance from each additional subcontractor and motor carrier with which it has a direct
contractual relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with Minn.Stat.16C.285,Subd.3,clause (7),within
fourteen days of retaining the additional subcontractors or motor carriers.Contractor shall submit to
the City upon request copies of the signed verifications of compliance from all subcontractors and
motor carriers of any tier pursuant to Minn.Stat.16C.285,subd.3,clause (7).A false statement under
oath,by Contractor,subcontractor,or motor carrier,verifying compliance with any of the minimum
criteria may result in termination of this Agreement.
10.Subcontractor.The Contractor shall bind every subcontractor and every subcontractor shall agree to
be bound by the terms of this Agreement,unless specifically noted to the contrary in a subcontract
approved in writing by the City.The Contractor shall pay any subcontractor involved in the
performance of this Agreement within ten days of the Contractor's receipt of payment by the City for
undisputed services provided by the subcontractor.If the Contractor fails within that time to pay the
subcontractor any undisputed amount for which the Contractor has received payment by the City,the
Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent
per month or any part of a month.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 Contractor shall pay the
actual interest penalty due to the subcontractor.A subcontractor who prevails in a civil action to
collect interest penalties from the Contractor shall be awarded its costs and disbursements,including
attorney's fees,incurred in bringing the action.
11.City’s Obligations.City will provide access to public and private property as necessary for Contractor
to perform the Work.City shall give thorough consideration to all reports,sketches,estimates,
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AGREEMENT FORM 00 52 00 Page 4 of 12
drawings,and other documents presented by the Contractor,and shall inform the Contractor of all
decisions required of City within a reasonable time so as not to delay the Work.The City shall furnish
the Contractor with a copy of any applicable policy,standard or criteria,including but not limited to,
design and construction standards,that may be required for the Work.
12.City's Representative.City has designated a project representative with respect to the Work.He or
she shall have authority to transmit instructions,receive information,and interpret the City's policy
and decisions with respect to the Work.
13.Ownership of Documents.All plans,diagrams,analyses,reports and information generated in
connection with the performance of this Agreement (“Information”)shall become the property of the
City,but Contractor may retain copies of the Information as records of the services provided.The City
may use the Information for its purposes and the Contractor also may use the Information for its
purposes.Use of the Information for the purposes of the Work does not relieve any liability on the
part of the Contractor,but any use of the Information by the City or the Contractor beyond the scope
of this Agreement is without liability to the other,and the party using the Information agrees to
defend and indemnify the other from any claims or liability resulting therefrom.
14.Condition and Inspection.All materials furnished under this Agreement shall be new and in current
manufacture,unless otherwise specified,and all materials and work shall be of good quality,free from
faults and defects and in conformance with this Agreement.All materials and work not conforming to
these requirements shall be considered defective.Materials shall be subject to inspection and testing
by the City.Materials that are defective or not in current manufacture may be returned to the
Contractor at the Contractor’s expense.
15.Correction of Work.The Contractor shall promptly correct all work rejected by the City as defective
or as failing to conform under this Agreement whether observed before or after completion of the
work and whether or not fabricated,installed or completed.The Contractor shall bear all costs of
correcting such rejected work.
16.Warranty.The Contractor expressly warrants and guarantees to the City that all work performed and
all materials furnished shall be in accord with this Agreement and shall be free from defects in
materials,workmanship,and operation which appear within a period of one year,or within such
longer period as may be prescribed by law or in the terms of this Agreement,from the date of City’s
written acceptance of the Work.The City’s rights under the Contractor’s warranty are not the City’s
exclusive remedy.The City shall have all other remedies available under this Agreement,at law or in
equity.
Should any defects develop in the materials,workmanship or operation of the Work within the
specified period,upon notice from the City,the Contractor agrees,within ten calendar days after
receiving written notice and without expense to the City,to repair,replace and in general to perform
all necessary corrective work with regard to the defective or nonconforming work or materials to the
satisfaction of the City.THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR
THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.The
Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages
sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or
the public.
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The corrective work referred to above shall include without limitation,(a)the cost of removing the
defective or nonconforming work and materials from the site,(b)the cost of correcting all work of
other Contractors destroyed or damaged by defective or nonconforming work and materials including
the cost of removal of such damaged work and materials form the site,and (c)the cost of correcting
all damages to work of other Contractors caused by the removal of the defective or nonconforming
work or materials.
The Contractor shall post bonds to secure the warranties effective for one year beyond acceptance of
work.
17.Performance and Payment Bonds.If the Contract Price is $175,000 or more,the Contractor shall post
a Performance and Payment Bond each in an amount equal to one hundred percent of the Contract
Price to insure the prompt and faithful performance of this Agreement by Contractor and to insure
prompt payment to the subcontractors and suppliers of the Contractor.The Bonds shall be in
compliance with Minn.Stat.574.26 and in a form approved by the City.Contractor shall provide the
Bonds to the City before commencing work.If the Performance and/or Payment Bond are not
submitted as provided herein,this Agreement shall be considered void.
18.Private Property.The Contractor shall not enter upon private property for any purpose without having
previously obtained permission from the City.The Contractor shall be responsible for the preservation
of and shall use every precaution to prevent damage to all trees,shrubbery,plants,lawns,fences,
culverts,bridges,pavements,driveways,sidewalks,etc.;all water,sewer and gas lines;all conduits;all
overhead pole lines or appurtenances thereof;and all other public or private property along or adjacent
to the Work.
19.Removal of Construction Equipment,Tools andSupplies.At the termination of this Agreement,before
acceptance of the Work by the City,the Contractor shall remove all of Contractor’s equipment,tools
and supplies from the property of the City.Should the Contractor fail to remove such equipment,tools
and supplies,the City shall have the right to remove them and deduct the cost of removal and disposal
from any amount owed to Contractor.
20.Insurance.Prior to starting the Work,Contractor shall procure,maintain and pay for such insurance
as will protect Contractor and City against claims or loss which may arise out of operations by
Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose
acts any of them may beliable.Contractor agrees to maintain all coverage required herein throughout
the term of this Agreement and for a minimum of two years following City’s written acceptance of the
Work.
A.Such insurance shall include,but not be limited to,the following minimum coverages and limits
of liability:
(The Contractor shall indemnify and hold harmless the Owner and the Architect against liability,
claims,and law suits of any kind,arising directly or indirectly from any act of the Contractors,its
agents,suppliers,employees or subcontractors in the course of the work.(b)The Contractor
shall not commence work under this contract until he has obtained all insurance required herein
and such insurance has been approved by the Owner.All such insurance contracts shall be
evidenced by carrier's certificates filed with the Engineer.The Contractor shall not allow any
subcontractor to commence work on his subcontract until such subcontractor has obtained
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satisfactory insurance coverage as to compensation,public liability,property damage and
automobile insurance.Insurance coverage shall include 100%replacement costs of damaged
City and private property and shall not allow depreciated value reductions.
Worker’s Compensation Insurance.The Contractor shall maintain such insurance as will
protect him from claims under workmen's compensation acts,and from any other claims
for damages for personal injury including death which may arise from operations under
his contract,whether such operations be by himself or by any subcontractor or anyone
directly or indirectly employed by either of them.Workers’Compensation insurance as
follows:
Coverage A.Statutory
Coverage B.Employers’Liability
$100,000 –Bodily Injury by disease per employee
$500,000 –Bodily Injury by disease aggregate
$100,000 –Bodily Injury by accident
Public Liability and Property Damage Insurance.The Contractor shall take out and maintain
during the life of this contract such Comprehensive Public Liability Insurance,Property Damage
Insurance and Contractor's Contingent or Protective Insurance as shall protect him from any
subcontractors performing work covered by this contract from claims for damages for personal
injury,including death,as well as from claims for property damages which may arise from
operations under this contract,whether such operations are by himself or by any subcontractor
or by anyone directly or indirectly employed by either of them,and the amounts of such
insurance shall be as follows:
Minimum limits of liability:
$2,000,000 per occurrence
$2,000,000 annual aggregate
$2,000,000 annual aggregate –Products/Completed Operations
$50,000 –any one fire –Fire Damage
Coverages:
Premises and Operations Bodily injury.
Premises and Operations Property damage.
Personal and advertising injury.
Blanket contractual liability.
Products and Completed Operations
Fire Damage
Automobile Insurance.The Contractor shall take out and maintain during the life of this
contract,Comprehensive Automobile Public Liability Insurance in the amount of not less than
$2,000,000 per occurrence combined single limit ‐ bodily injury and property damage.
Coverages:
Owned Autos
Hired Autos
IX-03
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AGREEMENT FORM 00 52 00 Page 7 of 12
Non‐Owned Autos
(Fire Insurance and Extended Coverage.The Contractor shall carry fire and extended coverage
insurance including also vandalism and malicious coverage on the work included in this contract
from the beginning of the work until final acceptance of the completed project.The policies
shall cover all work incorporated in the project and all materials for same on or about the
premises.The Owner,Engineer,Contractor and all Subcontractors shall be named as co‐assured
as their respective interests may appear.Use the "Complete Value"form.The fire insurance
need not be furnished provided the Contractor does not ask for payment of material stored on
the site.If the Contractor expects to receive payment for material stored on the site,then he
must carry fire insurance and extended coverage in the amount of 60 percent of the Contract in
order that insurance protection will be provided against vandalism and malicious mischief.
Owner's Protective Contingent Liability Insurance.The Contractor shall take out and maintain
during the life of the contract,in a company or companies approved by the Engineer,Owner's
Protective Contingent Liability Insurance with the Owner as named insured and in the amounts
as specified for Contractor's Liability Insurance for personal injury including death,and for
property damage which shall be provided and paid for by the Contractor.The policy shall be
delivered to the Owner after its approval by the Engineer.
B.All of the insurance policies required by this Agreement shall comply with the following:
i.The Contractor’s policies,except Worker’s Compensation Insurance,shall be primary
insurance and non‐contributory to any other valid and collectible insurance available to
the City with respect to any claim arising out of the Contractor’s performance under this
Agreement including the defense and indemnity obligations assumed by Contractor
under this Agreement.
ii.An Umbrella or Excess Liability insurance policy may be used to supplement the
Contractor’s policy limits to satisfy the full policy limits required by this Agreement.
iii.All insurance shall be provided on an occurrence basis and not on a claims‐made basis,
except professional liability insurance or other coverage not reasonably available on an
occurrence basis;provided that all such claims‐made coverage is subject to the approval
of the City Attorney.
iv.Any insurance limits in excess of the minimum limits shall be available to the City.
v.All policies,except professional liability,shall be endorsed with a waiver of subrogation
in favor of the City,including its elected and appointed officials,employees,and agents
for losses arising from activities under this Agreement.
vi.It shall be Contractor’s responsibility to pay any retention or deductible for the coverages
required.The City may require the Contractor to provide proof of ability to pay losses and
related expenses within the deductible and retention.
vii.The Contractor is required to submit a Certificate of Insurance acceptable to the City as
evidence of the required insurance coverage requirements.
viii.The Contractor’s policies and Certificate of Insurance shall contain a provision that
coverage afforded under the policies shall not be cancelled without at least thirty days’
advanced written notice to the City,or ten days’written notice for non‐payment of
premium.
ix.The Contractor is responsible to review and ensure all subcontractors comply with the
insurance provisions contained herein and said insurance is maintained as specified.
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x.If the City authorizes the Contractor to be self‐insured,a Certificateof Self‐Insurance must
be attached.
xi.The Contractor shall obtain insurance policies from insurance companies having an “AM
BEST”rating of A‐ (minus);Financial Size Category (FSC)VII or better and authorized to do
business in the State of Minnesota,or as approved by the City.
xii.The City reserves the right to immediately terminate this Agreement if the Contractor is
not in compliance with the insurance requirements and retains all rights to pursue any
remedies against the Contractor.
xiii.All insurance policies must be open to inspection by the City,and copies of policies must
be submitted to the City’s authorized representative upon written request.
xiv.The City’s failure to approve or disapprove the Contractor’s policies or certificates shall
not relieve the Contractor of full responsibility to maintain the required insurance.
xv.If the coverage period shown on the Contractor's current certificate of insurance ends
during the duration of the project,the Contractor must,prior to the end of the coverage
period,obtain a new certificate of insurance showing that coverage has been extended.
xvi.No representation is made that the minimum insurance requirements are sufficient to
cover the obligations of the Contractor under this Agreement.
21.Indemnification.Contractor will defend and indemnify City,its officers,agents,and employees and
hold them harmless from and against all judgments,claims,damages,costs and expenses,including
a reasonable amount as and for its attorney’s fees paid,incurred or for which it may be liable resulting
from any breach of this Agreement by Contractor,its agents,representatives,contractors and
employees,or any negligent or intentional act or omission performed,taken or not performed or
taken by Contractor,its agents,representatives,contractors and employees,relative to this
Agreement.City will indemnify and hold Contractor harmless from and against any loss for injuries or
damages arising out of the negligent acts of the City,its officers,agents or employees.
22.Suspension of Work by City.The City may at any time suspend the Work,or any part thereof,by giving
ten days'notice to the Contractor in writing.The Work shall be resumed by the Contractor within ten
days after the date fixed in the written notice from the City to the Contractor to resume.If the City’s
suspension of all or part of the Work causes additional expenses not due to the fault or negligence of
the Contractor,the City shall reimburse the Contractor for the additional expense incurred due to
suspension of the Work.Claims for such compensation,with complete substantiating records,shall be
filed with the City within ten days after the date of order to resume Work in order to receive
consideration.This paragraph shall not be construed as entitling the Contractor to compensation for
delays due to inclement weather,failure to furnish additional surety or sureties specified herein,for
suspension made at the request of the Contractor,or for any other delay provided for in this Agreement.
23.City’s Right to Carry Out the Work.If the Contractor defaults or neglects to carry out the Work in
accordance with this Agreement or fails to perform any provisions of this Agreement,the City may,
after ten days written notice to the Contractor and without prejudice to any other remedy the City
may have,make good such deficiencies.In such case an appropriate change order shall be issued
deducting from the payment then or thereafter due the Contractor the cost of correcting such
deficiencies.If the payments then or thereafter due the Contractor are not sufficient to cover such
amount,the Contractor shall pay the difference to the City.
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24.City’s Right to Terminate Agreement and Complete the Work.The City has the right to terminate
this Agreement for any of the following reasons:
A.The Contractor is adjudged bankrupt,makes a general assignment for the benefit of creditors,
or becomes insolvent;
B.Failure of Contractor to supply adequate properly skilled workers or proper materials;
C.Failure of Contractor to make prompt payment to subcontractor for material or labor;
D.Any disregard of laws,ordinances or proper instructions of the City;
E.Assignment of the Work without permission of the City;
F.Abandonment of the Work by Contractor;
G.Failure to meet the Work progress schedule set forth in this Agreement;
H.Unnecessary delay which,in the judgment of the City,will result in the Work not being
completed in the prescribed time.
I.Any other failure to comply with the terms of this Agreement.
Termination of this Agreement shall be preceded by ten days written notice bythe City to the Contractor
and its surety stating the grounds for termination and the measures,if any,which must be taken to
ensure compliance with this Agreement.This Agreement shall be terminated at the expiration of such
ten‐day period unless the City shall withdraw its notice of termination.
Upon termination of this Agreement by the City,the City may,without prejudice to any other remedy
the City may have,take possession of the site and of all materials,equipment,tools,construction
equipment and machinery thereon owned by the Contractor and may finish the Work by whatever
methods the City may deem expedient at the Contractor’s expense.
Upon termination of this Agreement,the Contractor shall not be entitled to receive anyfurther payment
until the Work is finished.If the unpaid balance of the Contract Price exceeds the expense of finishing
the Work,including compensation for additional managerial and administrative services,the excess
shall be paid to the Contractor.If such expense exceeds the unpaid balance,the Contractor shall pay the
difference to the City.
In the event that the Contractor abandons the Work,fails or refuses to complete the Work or fails to
pay just claims for labor or material,the City reserves the right to charge against the Contractor all legal,
engineering,or other costs resulting from such abandonment,failure or refusal.Legal costs will include
the City's cost of prosecuting or defending any suit in connection with such abandonment,failure or
refusal,and non‐payment of claims wherein the City is made co‐defendant,and the Contractor agrees
to pay all costs,including reasonable attorney's fees.
25.Contractor’s Right to Terminate Agreement.The Contractor may terminate this Agreement upon ten
days written notice to the City for any of the following reasons:
A.If an order of any court or other public authority caused the Work to be stopped or suspended
for a period of 90 or more days through no act or fault of the Contractor or its employees.
B.If the City should fail to pay any undisputed sum owed Contractor within forty‐five days after
the sum becomes due.
26.Liquidated Damages.No liquidated damages apply to this project
27.Mediation.Each dispute,claim or controversy arising from or related to this Agreement shall be
subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by
IX-03
HASTINGS LAKE REBECCA IMPROVEMENTS 01.10.2025
AGREEMENT FORM 00 52 00 Page 10 of 12
either party.Upon service of a written notice requesting mediation,the parties shall have ten (10)
days to jointly select one person to act as mediator.If the parties are unable to agree upon a mediator,
the parties shall ask the Dakota County District Court to select a mediator.The mediation shall be
conducted pursuant to the commercial mediation procedures of the American Arbitration Association
but shall not be administered by the American Arbitration Association.No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties.Each party shall bear its own
costs of the mediation process.The parties shall share equally the fees and expenses of the mediator.
Mediation shall be held in the City of Hastings unless another location is mutually agreed upon by the
parties.The parties acknowledge that mediation is a voluntary process,and that the mediator does
not have the authority to bind either party absent the party’s consent.The parties shall memorialize
any agreement resulting from the mediation in a mediated settlement agreement,which agreement
shall be enforceable as a settlement in any court having jurisdiction thereof.
28.Notice.Any notice required or permitted under this Agreement shall be delivered in one or more of
the following manners:(i)delivered personally;(ii)mailed by United States registered orcertified mail,
return receipt requested,postage prepaid;or (iii)deposited cost paid with a nationally recognized,
reputable overnight courier.Notice shall be delivered or directed to an officer or agent of the
Contractor or to the City Manager as applicable at the address set forth on page 1 of this Agreement.
Notice shall be deemed effective on the date of receipt.Any party may change its address for the
service of notice by giving written notice of such change to the other party in any manner above
specified,10 days prior to the effective date of such change.
29.Independent Contractor.At all times and for all purposes,Contractor is an independent contractor
engaged by City to perform the services described in this Agreement and Contractor shall have no
authority to employ persons or make purchases on behalf of City,or otherwise bind or obligate City.
No statement in this Agreement shall be construed to find the Contractor an employee of the City.
30.Employees.Contractor agrees not to hire any employee or former employee of City and City agrees
not to hire any employee or former employee of Contractor prior to termination of this Agreement
and for one year thereafter,without prior written consent of the former employer in each case.
31.Assignment.Neither party shall assign this Agreement,nor any interest arising herein,without the
written consent of the other party.
32.Audit Disclosure.Pursuant to Minn.Stat.16C.05,Subd.5,the books,records,documents and
accounting procedures and practices of the Contractor or other parties relevant to this Agreement
are subject to examination by the City and either the Legislative Auditor or the State Auditor for a
period of six years after the effective date of this Agreement.
33.Data Practices.Any reports,information,data,etc.given to,or prepared or assembled by the
Contractor under this Agreement which the City requests to be kept confidential,shall not be made
available to any individual or organization without the City's prior written approval.This Agreement
is subject to the Minnesota Government Data Practice Act,Minnesota Statutes Chapter 13 (“Data
Practices Act”).All government data,as defined in the Data Practices Act,which is created,collected,
received,stored,used,maintained,or disseminated by Contractor in performing any of the functions
of the City during performance of this Agreement is subject to the requirements of the Data Practice
Act and Contractor shall comply with those requirements as if it were a government entity.All
IX-03
HASTINGS LAKE REBECCA IMPROVEMENTS 01.10.2025
AGREEMENT FORM 00 52 00 Page 11 of 12
subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data
Practices Act compliance language.
34.Non‐Discrimination.During the performance of this Agreement,the Contractor shall notdiscriminate
against any employee or applicant for employment because of race,color,creed,religion,national
origin,sex,marital status,status with regard to public assistance,disability,sexual orientation or age.
The Contractor shall post in places available to employees and applicants for employment,notices
setting forth the provision of this non‐discrimination clause and stating that all qualified applicants
will receive consideration for employment.The Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for the Work,and will require all of its
subcontractors for the Work to incorporate such requirements in all subcontracts for the Work.The
Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act,Minnesota
Statutes 363.01,et.seq.,Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities
Act of 1990.
35.Conflicts.No salaried officer or employee of the City and no member of the Council,or Commission,
or Board of the City shall have a financial interest,direct or indirect,in this Agreement.The violation
of this provision renders this Agreement void.
36.Rights and Remedies.The duties and obligations imposed by this Agreement and the rights and
remedies available thereunder shall be in addition to and not a limitation of any duties,obligations,
rights and remedies otherwise imposed or available by law.
37.Damages.In the event of a breach of this Agreement by the City,Contractor shall not be entitled to
recover punitive,special or consequential damages or damages for loss of business.
38.Enforcement.The Contractor shall reimburse the City for all costs and expenses,including without
limitation,attorneys'fees paid or incurred by the City in connection with the enforcement by the City
during the term of this Agreement or thereafter of any of the rights or remedies of the City under this
Agreement.
39.Governing Law.This Agreement shall be controlled by the laws of the State of Minnesota.Venue and
jurisdiction for any action,suit or proceeding arising out of this Agreement shall be only in the courts
of Scott County,Minnesota or the federal courts for the United States for the District of Minnesota.
40.Entire Agreement.The entire agreement of the parties is contained herein.This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof.Any alterations,amendments,deletions,or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties,unless
otherwise provided herein.
41.Severability.The provisions of this Agreement are severable.If any portion hereof is,for any reason,
held by a court of competent jurisdiction to be contrary to law,such decision shall not affect the
remaining provisions of this Contract.
42.Waiver.No action nor failure to act by the City or the Contractor shall constitute a waiver of any
right or duty afforded any of them under this Agreement,nor shall any such action or failure to act
IX-03
HASTINGS LAKE REBECCA IMPROVEMENTS 01.10.2025
AGREEMENT FORM 00 52 00 Page 12 of 12
constitute an approval of or acquiescence in any breach thereunder,except as may be specifically
agreed in writing.
43.Counterparts.This Agreement may be executed in multiple counterparts,each of which shall be
considered an original.
44.Prevailing Wages:This is a prevailing wage job.The Contractor and all Subcontractors shall furnish to
the contracting agency,copies of any or all payrolls not more than 14 days after the end of each pay
period.The payrolls must contain all the data required by Minnesota Statutes Section 177.30.
In witness whereof,the parties have caused this Agreement to be executed by their duly authorized
agents.
______________________
Date
CITY OF HASTINGS
__________________________________
Mayor
___________________________________
City Clerk
CONTRACTOR
______________________By:________________________________
Date
Its:_______________________________
IX-03
NOTICE OF AWARD 00 5100 - 1
SECTION 00 51 00
NOTICE OF AWARD
DATE:April 7,2025
TO:ASHWILL COMPANIES
CONTRACT:HASTINGS LAKE REBECCA PARK IMPROVEMENTS
OWNER’s Contract No.
You are notified that your Bid dated_03/13/2025,for the above Contract has been considered.You
are the apparent Successful Bidder and have been awarded a Contract for HASTINGS LAKE REBECCA
PARK IMPROVEMENTS.
The Contract Price of your Contract is
__$511,790.94
A Digital set of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within 10 days of the date you receive this
Notice of Award.
1.Deliver to the OWNER a fully executed counterparts of the Contract Documents.
2.Deliver with the executed Contract Documents the Contract Security (Bonds)as specified.
3.Deliver with the executed Contract Documents the Proof of Insurance as specified.
4.(List other conditions precedent).
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid in default,to annul this Notice of Award and to declare your Bid security forfeited.
Within ten days after you comply with the above conditions,OWNER will return to you one fully
executed counterpart of the Contract Documents.
City of HASTINGS
(OWNER)
By:
City Administrator
IX-03
NOTICE OF AWARD 00 5100 - 2
END OF SECTION
IX-03
NOTICE TO PROCEED 00 5500 - 1
SECTION 00 55 00
NOTICE TO PROCEED
DATE:______
TO:
CONTRACT:HASTINGS LAKE REBECCA PARK IMPROVEMENTS.
OWNER’s Contract No.
You are notified that the Contract Times under the above contract will commence to run on
,2025.By that date,you are to start performing your
obligations under the Contract Documents.In accordance with Article 3 of the Agreement,the dates of
Substantial Completion are ,and the date of readiness for final
payment is .
Before BIDDER may start any Work at the Site,they must comply with paragraph 21 of the
General Conditions,which require you to deliver to the Owner,with copies to Owner/owners rep,
Certificates of Insurance,which each is required to purchase and maintain in accordance with the Contract
Documents.
City of HASTINGS
(OWNER)
By:
City Administrator
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
,this the day of ,2025.
By
Title
END OF SECTION
SECTION 00 61 00
IX-03
PERFORMANCE BOND 00 6100 - 2
PERFORMANCE BOND
BOND NO.___________________
KNOW ALL PERSONS BY THESE PRESENTS;That
____________________________________
a (corporation,a partnership,or an individual),hereafter called Contractor,and
(Name of Surety)
(Address of Surety)
hereinafter called Surety,are held and firmly bound unto
City of HASTINGS
101 4TH Street East,Hastings,MN 55033
hereinafter called Owner,in the aggregate penal sum of _______________________________________
in lawful money of the United States,for the payment of which sum well and truly to be made,we bind
ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and between Contractor and
Owner dated the ______day of _______,2025,a copy of which is hereto attached and made a part
hereof,for the construction of HASTINGS LAKE REBECCA PARK IMPROVEMENTS,generally described as
follows:
Renovation of existing park:Removals,Bituminous paving,Concrete paving,Native
restorations.
NOW THEREFORE,if Contractor well,truly and faithfully performs its duties,all the undertakings,
covenants,terms,conditions,and agreements of said contract during the original terms thereof,and
any extensions thereof which may be granted by Owner,with or without notice to Surety,and during
the Two (2)year(s)guarantee and maintenance period,and if it satisfies all claims and demands
incurred under such contract,and fully indemnifies and saves harmless the Owner from all costs and
damages which Owner may suffer by reason of its failure to do so,and it reimburses and repays Owner
all outlay and expense which Owner may incur in making good any default,then this obligation shall be
void;otherwise to remain in full force and effect.
IX-03
PERFORMANCE BOND 00 6100 - 3
PROVIDED,FURTHER,that the said Surety,for value received hereby,stipulates and agrees that no
change,extension of time,alteration or addition to the terms of the contract or to Work to be
performed thereunder or the Contract Documents accompanying the same shall in any way affect its
obligation on this BOND,and it does hereby waive notice of any such change,extension of time,
alteration or addition to the terms of the contract or to the Work or to the Contract Documents.
PROVIDED,FURTHER,that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately,without formal and separate amendments hereto,upon amendment to the Contract
not increasing the contract price more than 20 percent,so as to bind the Contractor and Surety to the
full and faithful performance of the Contract as so amended.The term “Amendment,”wherever used in
this Bond,and whether referring to this Bond,the Contract,or the Loan Documents shall include any
alteration,addition,extension,or modification of any character whatsoever.
PROVIDED,FURTHER,that no final settlement between Owner and Contractor shall abridge the right of
any beneficiary hereunder,whose claim may be unsatisfied.
IN WITNESS WHEREOF,this instrument is executed in three counterparts,each one of which shall be
deemed an original,this day of ,2025.
SURETY:CONTRACTOR AS PRINCIPAL:
By By
Attorney‐in‐Fact
(Address)(Address)
ATTEST:ATTEST:
(Surety)(Contractor as Principal)
[SEAL]
[SEAL]
(Witness as to Surety)(Witness as to Contractor as Principal)
(Address)(Address)
IX-03
PERFORMANCE BOND 00 6100 - 4
NOTE:Date of BOND must not be prior to date of Contract.If Contractor is partnership,all
partners should execute BOND.
IMPORTANT:Surety companies executing Bonds must appear on the Treasury Department’s most
current list (Circular 570 as amended)and be authorized to transact business in the
state where the project is located.
END OF SECTION
IX-03
PAYMENT BOND 00 6150 -5
SECTION 00 61 50
PAYMENT BOND
BOND NO.___________
KNOW ALL PERSONS BY THESE PRESENTS;That
_________________________________________
a (corporation,a partnership,or an individual),hereafter called Contractor,and
(Name of Surety)
(Address of Surety)
hereinafter called Surety,are held and firmly bound unto
City of HASTINGS
101 4TH Street East,Hastings,MN 55033
hereinafter called Owner,and unto all persons,firms and corporations who or which may furnish labor
or materials,as defined in Minnesota Statute 574,to perform as described under the contract and to
their successors and assigns in the total aggregate penal sum of
_____________________________________in lawful money of the United States,for the payment of
which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,
successors,and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and between Contractor and
Owner dated the _____day of _____,2025,a copy of which is hereto attached and made a part hereof,
for the construction of HASTINGS LAKE REBECCA PARK IMPROVEMENTS,,generally described as
follows:
Renovation of existing park:Removals,Bituminous paving,Concrete paving,Native
restorations.
NOW,THEREFORE,if the Contractor promptly makes payment to all persons,firms,Subcontractors,and
corporations furnishing materials for or performing labor in the prosecution of the Work provided for in
such contract and any authorized extension or modification thereof,including all amounts due for
materials,lubricants,oil,gasoline,coal and coke,repairs on machinery,equipment and tools,consumed
or used in connection with the construction of such Work,and all insurance premiums on said Work,
and for all labor,performed in such Work whether by Subcontractor or otherwise,then this obligation
shall be void;otherwise to remain in full force and effect.
IX-03
PAYMENT BOND 00 6150 -6
PROVIDED,that beneficiaries or claimants hereunder shall be limited to the subcontractors,and
persons,firms and corporations having a direct contract with the principal or its subcontractors.
PROVIDED,FURTHER,that the said Surety for value received hereby stipulates and agrees that no
change,extension of time,alteration or addition to the terms of the contract or to the Work to be
performed thereunder or the Contract Documents accompanying the same shall in any way affect its
obligation on this BOND,and it does hereby waive notice of any such change,extension of time,
alteration or addition to the terms of the contract or to the Work or to the Contract Documents.
PROVIDED,FURTHER,that no suit or action shall be commenced hereunder by any claimant:(a)Unless
the claimant,other than one having a direct contract with the Contractor,shall have given written
notice to any two of the following:the Contractor,the Owner,or the Surety above named within ninety
(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the
materials for which said claim is made,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were furnished,or for whom the work or labor was done or
performed.Such notice shall be served by mailing the same by registered mail or certified mail,postage
prepaid,in an envelope addressed to the Contractor,Owner,or Surety,at any place where an office is
regularly maintained for the transaction of business,or served in any manner in which legal process may
be served in the state in which the aforesaid project is located,save that such service need not be made
by a public officer.(b)After the expiration of two (2)years following the date of which Contractor
ceased work on said Contract,it being understood,however,that if any limitation embodied in the Bond
is prohibited by any law controlling the construction hereof,such limitation shall be deemed to be
amended so as to be equal to the minimum period of limitation permitted by such law.
PROVIDED,FURTHER,that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately,without formal and separate amendments hereto,upon amendment to the Contract
not increasing the contract price more than 20 percent,so as to bind the Contractor and Surety to the
full and faithful performance of the Contract as so amended.The term "Amendment”,wherever used in
this Bond,and whether referring to this Bond,the Contract or the Loan Documents shall include any
alteration,addition,extension,or modification of any character whatsoever.
PROVIDED,FURTHER,that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder,whose claim may be unsatisfied.
IN WITNESS WHEREOF,this instrument is executed in two or more counterparts,each
one of which shall be deemed an original,this day of ,2025.
SURETY:
CONTRACTOR AS PRINCIPAL:
By By
Attorney‐in‐Fact
(Address)(Address)
IX-03
PAYMENT BOND 00 6150 -7
ATTEST:ATTEST:
(Surety)(Contractor as Principal)
[SEAL]
[SEAL]
(Witness as to Surety)(Witness as to Contractor as Principal)
(Address)(Address)
NOTE:Date of BOND must not be prior to date of Contract.If Contractor is partnership,all
partners should execute BOND.
IMPORTANT:Surety companies executing Bonds must appear on the Treasury Department’s most
current list (Circular 570 as amended)and be authorized to transact business in the
state where the project is located.
END OF SECTION
IX-03
CHANGE ORDER 00671 - 1
SECTION 00671
CHANGE ORDER
(Instruction on reverse side)No.
PROJECT:HASTINGS LAKE REBECCA PARK IMPROVEMENTS
OWNER:City of HASTINGS
101 4TH Street East,Hastings,MN 55033
CONTRACTOR:_______
_______
_______
CONTRACT FOR:HASTINGS LAKE REBECCA PARK IMPROVEMENTS
DATE OF ISSUANCE:______________
You are directed to make the following changes in the Contract Documents.
Description:
Purpose of Change Order:
Attachments (List documents supporting change):
CHANGE IN CONTRACT PRICE:
Original Contract Price
$_________
CHANGE IN CONTRACT TIME:
Original Contract Time
Substantial Completion:_________________
Final Completion:
Previous Change Orders No.___to No.___
$
Net change from previous Change Orders
Days
Contract Price prior to this Change Order
$
Contract Time prior to this Change Order
Substantial Completion:
Final Completion:
Net Increase (Decrease)of this Change Order
$.00
Net Increase (Decrease)of this Change Order
____days for Substantial Completion
____days for Final Completion
Contract Price with all approved Change Orders
$
Contract Time with all approved Change Orders
Substantial Completion:__________________
Final Completion:_______________________
RECOMMENDED:
By _____________________
Landscape Architect
APPROVED:
By _____________________
City of Hastings
APPROVED:
By _______________________
IX-03
CHANGE ORDER 00671 - 2
CHANGE ORDER
INSTRUCTIONS
A.GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect
Contract Price or Contract Time.Changes that have been initiated by a Work Directive Change must Be
incorporated into a subsequent Change Order if they Affect Price of Time.
Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order.
The practice of accumulating change order items to reduce the administrative burden may lead to
unnecessary disputes.
For supplemental instructions and minor changes not involving a Change in the Contract Price or
Contract Time,a Field Order may be used.
B.COMPLETING THE CHANGE ORDER FORM
Engineer initiates the form,including a description of the changes involved and attachments based upon
documents and proposals submitted by Contractor,or requests from Owner,or Both.
Once Engineer has completed and signed the form,all copies should be sent to Contractor for approval.
After approval by Contractor,all copies should be sent to Owner for approval.Engineer should make
distribution of executed copies after approval by Owner.
If a change only applies to price or to the time,cross out the part of the tabulation that does not apply.
IX-03
WITHHOLDING AFFIDAVIT 00 6720 - 1
SECTION 00 67 20
WITHHOLDING AFFIDAVIT FOR CONTRACTORS
(FORM IC‐134)
The following Withholding Affidavit for Contractors form (IC‐134),or the most current edition thereof,
must be competed for each subcontractor and submitted to the Engineer before final payment can be
made.
IX-03
WITHHOLDING AFFIDAVIT 00 6720 - 2
MINNESOTA Department of Revenue
Withholding Affidavit for Contractors
This affidavit must be approved by the Minnesota Department of Revenue before the state of
Minnesota or any of its subdivisions can make final payment to contractors.
Please type or print clearly.This will be your mailing label for returning the completed form.
DaytimephoneCompanyname
ZipCodeState
Address
Amountstilldue
$
Total contractamount
$
MinnesotataxIDnumber
Month/year work began
Month/year work ended
Projectnumber I Projectlocation
Projectowner Address
Didyouhaveemployeesworkon this project?I |Yes||No Ifno,whodid the work?
City State Zipcode
Check the box that describes your involvement in the project and fill in all information requested.
||Sole contractor
I I Subcontractor
Name of contractorwhohiredyou
Address
I |Prime contractor—If you subcontracted out any work on this project,all of your subcontractors must file their own
IC-134 affidavits and have them certifiedJ^ylW Department of Revenue before you can file your affidavit.For eachsubcontractoryouhad,fill in the informat^pielow and attach a copy of each subcontractor's certified IC-134.If youneedmorespace,attach a separate sheet.
Businessname Address Owner/Officer
/declare that all information I have filled in on this form istrueandcompleteto the bestof my knowledge and belief.Iauthorizethe Department ofRevenuetodisclosepertinentinformationrelatingtothisproject,including sending copies of this form,to theprime contractor if I am a subcontractor,and to any subcontractors if Iam aprime contractor,anato thecontracting agency.
Contractor's signature Title Date
Mail to:MN Dept,of Revenue,Withholding Division,Mail Station 6610,St.Paul,MN 55146-6610
Certificate of Compliance
Based on records of the Minnesota Department of Revenue,Icertify that the contractor who has signed this certificate hasfulfilledalltherequirementsofMinnesotaStatutes290.92 and 290.97 concerning the withholding of Minnesota income taxfromwagespaidtoemployeesrelatingtocontractserviceswiththestateofMinnesotaand/or its subdivisions.
Department of Revenue approval Date
Stock No.5000134(Rev.11/99)Printedon recycledpaper with 10%post-consumer wasteusingsoy-based ink.
IX-03
SUBSTANTIAL COMPLETION 00 6730 ‐ 1
SECTION 00 67 30
CERTIFICATE OF SUBSTANTIAL COMPLETION
DATE OF ISSUANCE ______________________
OWNER City of Hastings
CONTRACTOR
Contract:HASTINGS LAKE REBECCA PARK IMPROVEMENTS
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To the City of Hastings
(OWNER)
And To
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and ENGINEER,and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents on
_________________________________
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto.This list may not be all‐
inclusive,and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents.The items in the tentative list shall
be completed or corrected by CONTRACTOR no later than ________________________.
IX-03
SUBSTANTIAL COMPLETION 00 6730 ‐ 2
The responsibilities between OWNER and CONTRACTOR for security,operation,safety,maintenance,
heat,utilities,insurance and warranties and guarantees shall be as follows:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the
Contract Documents.
Executed by OWNER on _______________________,2016
Date
By:____________________________,2016
(Authorized Signature)
CONTRACTOR accepts this Certificate of Substantial Completion on _____________,2016
Date
____________________________
CONTRACTOR
By:__________________________________________
(Authorized Signature)
OWNER accepts this Certificate of Substantial Completion on _______________________
Date
City of Hastings
OWNER
By:_______________________________________
(Authorized Signature)
END OF SECTION
IX-03
AFFIDAVIT 00700 ‐ 1
SECTION 00 67 40
CONTRACTOR'S AFFIDAVIT
State of Minnesota Date:___________
The County of _________________
The City of __________________
,of _______________________,has furnished
all labor and material entering into the HASTINGS LAKE REBECCA PARK IMPROVEMENTS project for the
City of Hastings (Owner).
,of _______________________,
states further that Contractor has full knowledge of all obligations for such labor and materials which
have entered into and become part of that certain project known and designated above,and Contractor
further disposes and says that all debts and other obligations for such labor and materials have been
fully and completely paid for in good and lawful money of the United States of American and that there
are no suits for damages against them proceeding,prospective or otherwise,in consequence of their
operations on the above said project.
The said will hold the Owners,the City of Hastings,blameless of any and all Mechanic's
Liens that may be hereafter entered or filed for record,so as to constitute charge against said premises
for work or labor done or materials furnished by them.
IN WITNESS WHEREOF,Contractor has heretofore put their hand and seal.
SEAL
Contractor's Authorized Agent
I,,Notary Public in and for the above named County and State do hereby
certify that personally known to me to be the affiant in the foregoing
affidavit,personally appeared before me this day,and,having been duly sworn,deposes and say that
the facts set forth in the above affidavit are true and correct.
WITNESS my hand and seal this day of ,2025.
my commission expires
END OF SECTION
IX-03