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09.d1 Road Repair - Crack FIlling Date of Meeting: 06/21/2022 For: Honorable Mayor and Council From: Charles Fischer – Director of Public Works Subject: Roads – Crack Seal Project Background: The winter of 2021-22 was a year of deep frost and major fluctuations of temperature. Road cracks developed on all roads during the winter but the most notable cracks were present on the roads which were paved in 2018. Some cracks, at the worst time of the winter for frost and temperature fluctuations, opened more than an inch. Now that the frost is out of the ground these cracks have settled back closer together but require sealing to prevent water and sediment from collecting in the cracks. If the cracks remain open further damage to the asphalt and road base will occur. Road Locations: Issue: Should Council approve the use of Public Works General Fund to have the cracks sealed on all roads referenced in the included map. Proposal Details: Public Works has estimated 21,000 linear feet of cracks must be filled to maintain the road surface and prevent further moisture from entering the road base. Four contractors have provided quotes for the work which will consist of routing new cracks and filling both routed and previously filled cracks. Fiscal Impact: The Public Works General Fund 405 – Contractual Road Maintenance will be used to support this project . The beginning year balance of the line item is $150,000, so far CC application and road sweep ing has been supported by this fund, utilizing under $25,000 so far. The proposed crack filling, based off quotation, ranges between $16,000 and $21,000. With this range in cost, the fund will be able to support the project. Options: Quotes included in packet Option 1: Nugent Sealcoating and Paving for $16,237.50 Option 2: Gopher State Sealcoat Inc. for $19,599.00 Option 3: Fahrner Asphalt Sealers for $20,000.00 Option 4: Allied Blacktop for $20,995.00 Option 5: Do not crack seal roads Recommendation: Option 1 is recommended Reference Images: Routed Sealed Proposal Date 5/20/2022 Quote # 4647 Bill To City of Scandia Roads of Scandia Scandia, Mn Service Location City of Scandia Roads of Scandia Scandia, MN Proposal Valid Thru 5/30/2022SalesmanBrenden Nugent 651-808-3632 Proposed Total- Nugent Sealcoating and Paving P.O. Box 473 Hugo, MN 55038 651-429-2100 PLEASE SIGN AND RETURN AND SOMEONE FROM OUR SCHEDULING DEPARTMENT WILL CONTACT YOU. _________________________________________Title:______________________________________________________ (PRINT) Accepted by: Date:_____________Authorized Signature: __________________________________________________ ***FUEL SURCHARGE*** $250 will be added to invoice amount if diesel is at/above $5 per gal at time of project. Description of work to be performed-Quantity Unit Amount CRACK FILLING- ROUTE all mainline cracks to a width and depth of approximately 3/4" followed by blowing cracks clean with high pressure air. We then fill the cracks with Deery rubber 102 using banders for the cleanest look with no spills or drips on the asphalt. The 102 spec conforms to all MNDOT 3405 specs. Crack filler is applied at a temperature of approximately 375 degrees. Apply toilet paper for bond break. ***NOTE- Hairline and/or “alligator" cracks will not be filled. Previously filled cracks cannot be routed but will still be re-filled. *** ***Removal of excessive vegetation growing through cracks may incur extra costs 21,650 Linear Feet 16,237.50 ***$500 discount if project can be done with an open end date, 3-4 trips*** ACCEPTANCE OF PROPOSAL- Nugent Sealcoating is herby authorized to complete this contract as specified. All material is guaranteed to be as specified and all work will be performed in a workman like manner according to standard practices. Payments will be made to Nugent Sealcoating within 10 days of invoice date. A 1.5% finance charge will be added to the remaining balance of any past due invoice. Additional fees may be charged if Nugent Sealcoating is prevented from completing this work in a timely manner. These fees generally only apply to waiting for vehicles to be moved or time spent drying asphalt due to sprinklers being left on and would not apply for reasons related to naturally occurring causes. Any alteration or deviation from the above specifications will only be executed upon written orders. Customer is responsible to have the asphalt surface cleared off by the time agreed upon including vehicles, dumpsters, pallets, equipment, etc. $16,237.50 PROPOSAL / CONTRACT Job. No.Date: June 14, 2022 Contact Name: Charlie Fischer Contract Price $20,000.00 PURCHASER: City of Scandia ADDRESS: 14727 209th Street North Scandia, MN 55073 TELEPHONE: DESCRIPTION OF PROPERTY: 2022 Crack Fill 14727 209th Street North Scandia, MN 55073 1. FAHRNER Asphalt Sealers, L.L.C. (CONTRACTOR) and PURCHASER agree that, CONTRACTOR shall furnish the labor and materials to complete certain construction in accordance with the following specifications: CRACK SEAL: Rout out working cracks. Touch up previously sealed cracks. Blow out and clean cracks with compressed air and heat lance. Seal cracks with a rubberized asphalt crack sealant. This material exceeds Fed Spec ASTM D6690 Type II *Proposal based on LBs and price- not to exceed 6,250 Lbs. TOTAL: $20,000 This proposal may be withdrawn if not accepted and received by CONTRACTOR within 10 days of the date above and/ or at any time before performance of the work hereunder upon CONTRACTOR'S determination that the PURCHASER is not creditworthy. 2. If proposal is accepted please sign, retain one copy and forward a copy to our office. 3.The undersigned ("PURCHASER") agrees to pay CONTRACTOR the total price of $20,000.00 and/or the unit prices specified above for the labor and materials specified above which payment shall be due upon completion of each stage of work. PURCHASER acknowledges that the specifications, conditions and price quotes specified above are satisfactory and hereby accepted. Acceptance of this Proposal includes acceptance of all the terms and conditions on back. CONTRACTOR: Fahrner Asphalt Sealers, LLC:612-704-0908 melissa.thomas@fahrnerasphalt.com Melissa Thomas (PRINT OR TYPE NAME) By: (CONTRACTOR REPRESENTATIVE) Date: June 14, 2022 PURCHASER: I have read and understand the terms and conditions on both sides of this contract. (PRINT OR TYPE NAME) By: (PURCHASER AUTHORIZED REPRESENTATIVE) Date of acceptance: Page 2 of 2 TERMS AND CONDITIONS NOTICE OF LIEN RIGHTS PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE IMPROVEMENT OF REAL PROPERTY MAY ENFORCE A LIEN UPON THE IMPROVED LAND IF THEY ARE NOT PAID FOR THEIR CONTRIBUTIONS, EVEN IF THE PARTIES HAVE NO DIRECT CONTRACTUAL RELATIONSHIP WITH THE OWNER. MINNESOTA LAW PERMITS THE OWNER TO WITHHOLD FROM THE OWNER’S CONTRACTOR AS MUCH OF THE CONTRACT PRICE AS MAY BE NECESSARY TO MEET THE DEMANDS OF ALL OTHER LIEN CLAIMANTS, PAY DIRECTLY THE LIENS AND DEDUCT TH E COST OF THEM FROM THE CONTRACT PRICE, OR WITHHOLD AMOUNTS FROM THE OWNER’S CONTRACTOR UNTIL THE EXPIRATION OF ONE HUNDRED TWENTY (120) DAYS FROM THE COMPLETION OF THE IMPROVEMENT UNLESS THE CONTRACTOR FURNISHES TO THE OWNER WAIVERS OF CLAIMS FOR MECHANIC S’ LIENS SIGNED BY PERSONS WHO FURNISHED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO PROVIDED THE OWNER WITH TIMELY NOTICE. ACCEPTANCE OF WORK All labor and material is conclusively accepted as satisfactory unless excepted to in writing within seven (7) days of performance. EXTRA WORK All alterations or deviations from any of the terms of this contract shall be in writing and executed by the parties hereto. Any extra cost involved therein will become an extra charge to be paid by PURCHASER over and above the contract price. PURCHASER’S RESPONSIBILITIES PURCHASER acknowledges and understands that it shall be responsible for obtaining any and all permits which may be required i n connection with the performance of this Proposal/Contract. Where applicable, PURCHASER shall also be responsible for backfilling areas that border along the newly p aved surface to eliminate potential cracking. PURCHASER assumes all liability for any damages done to underground utilities and/or structures unless CONTRACTOR has been notified, upon acceptance of this Proposal, as to the specific location and depth of any such buried utilit ies/structures. Unless exempt, in accepting this Proposal/Contract, PURCHASER acknowledges that it shall comp ly with the requirements of all applicable federal, state, and local employment laws, executive orders, codes and regulations (the “Requirements”) effective where the work and/or services are being performed including, but not limited to, 41 CFR §§ 60-1.4(a)(1)-(8), 60-1.4(b), 60-1.4(c) or their successors effective where this Proposal/Contract is performed. To the extent required by law, all provision s of the Requirements are hereby incorporated into and made a part of this Agreement and any applicable ag reements of CONTRACTOR. To the extent applicable, the Requirements include, but are not limited to, (1) prohibition of discrimination because of protected veteran status, disabili ty, race, color, religion, sex, sexual orientation, gender identity, national origin and because of inquiry or discussion about or disclosure of compensation, (2) affirmative action to employ and advan ce in employment individuals without regard to race, sex, disability, or protected veteran status, (3) compliance with the Employee Notice clause contained in 29 C.F.R. part 471, Appendix A to Subpart A, or its successors, (4) compliance with the EEO-1 and VETS-4212 reports filing requirements in 41 C.F.R. §§ 60-1.7 and 41 C.F.R. §61-300.10, or their successors, (5) compliance with paycheck transparency obligations of 48 C.F.R. § 22.2005, including the contract clause found at 48 C.F.R. § 52.222 -60, which is incorporated by reference as if fully set forth herein, (6) other affirmative action in employment, (7) required/certified payrolls, (8) social security acts, (9) unemployment compensation acts, (10) worker’s compensation acts, (11) equal employment opportunity acts and (12) the required contract provisions for Federal -Aid Construction Contracts, Form FHWA-1273, if applicable. When applicable, PURCHASER and CONTRACTOR shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to e mploy and advance in employment qualified protected veterans. When applicable, PURCHASER and CONTRACTOR shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disabili ty, and requires affirmative action covered by prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. INCLEMENT WEATHER Inclement weather may alter the completion of the work to be furnished hereunder. Furthermore, special consideration should be given if work is to be performed before May 1 or after October 15 in light of less than desirable weather conditions which could potentially impair the qualit y of the work performed hereunder. WARRANTY All material is guaranteed to be as specified and all work is to be completed in a workmanlike manner according to standard p ractices. All labor and materials will be guaranteed against defect for one (1) year from date of installation. Due to Minnesota winters and expansion and contraction of the ground, some cracking of the pavement may be experienced. There are no express or implied warranties of merchantability, quality, quantity or of fitness for any particular purpose, which extend beyond those specifically set out in this document. All warranties are void if payment is not made as stipulated. DELINQUENCY CHARGE Payment is due and payable upon completion of each stage of the work. If PURCHASER defaults on the payment required, PURCHAS ER will be liable for all costs of collection, including reasonable attorney’s fees, and a delinquency charge on the balance at the maximum rates allowed by law. The Delinquency Charge rate shall be 1.5% per month (18% APR) plus all costs of collection, including re asonable attorney’s fees. CONTRACTOR retains title to all merchandise covered by this Agreement until full payment is received according to the above terms of sale. PURCHASER consents in any action or legal pro ceeding relating to this Contract commenced by the CONTRACTOR to the personal jurisdiction of any court that is either a court of record in the State of Minnesota or a court of the United States located in the State of Minnesota. INDIVIDUAL LIABILITY The undersigned PURCHASER agrees to be individually liable for all terms of the Agreement, regardless of whether he or she signs individually or as an agent for the owner of the property upon which the work is being performed or for any other individual, partnership or corporation. PRODUCT INFORMATION AND MAINTENANCE Since the asphalt in blacktop needs time to harden and cure, usually 6-12 months, your asphalt pavement will remain soft and pliable during warm weather. During this time, don’t park in the same spot every time and do not turn your steerin g wheel back and forth when your car is not moving. It is not unusual to experience some cracking over the winter due to the contraction and expansion of the ground, especially over culverts, pipes, electric wires, etc. Avoid gasoline and petroleum product spills as they will destroy your pavement. If spills do occur, immediately flush with lots of soapy water. If you decide to seal coat your pavement, wait until the summer following installation. We recommend a good quality coal tar emulsion sealer as they are impervious to gasoline and petroleum product spills. BINDING EFFECT This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. ENTIRE AGREEMENT This written Proposal/Contract consisting of two (2) sides contains the entire Agreement and understanding between the parties, and no provision, terms, warranties, representations or promises, either expressed or implied, other than those set forth herein are binding on either party . Company Name: Billing Address: Contact Person: Phone:Email: Project Address: Unit Price INT L.F.$20,995.00 NOTE: Irrigation must be off 24 Hrs and obstructions moved prior to construction. Additional MOB charges may apply. Paper cover will be used at the discretion of the contractor. Note: Contracted prices are subject to re-pricing if the WTI oil pricing exceeds $125/Barrel at time of delivery We propose to furnish material and labor, complete in accordance with the above specifications, for the total lump sum of: See Above Note: This proposal may be withdrawn if not accepted within 15 days. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written Matthew Dolecki Payment terms are net 30 days. Payment terms for chip seal applications are 90% due net 30 days, balance due upon completion of sweeping. orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, weather or other delays beyond our control. Allied Blacktop Company to carry proper insurance including Workers Compensation. Authorized Signature:Matt Dolecki Acceptance of Proposal: The above prices, specifications, conditions, and attached warranty qualifications are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance:Signature: TOTAL ALL: ADD 1% Bonding if Necessary Note: See Allied Blacktop Company Warranty Terms, Qualifications, and Construction Specifications. layers, hazardous materials, removal of contaminated soils, haul road construction, erosion control, site restoration, gas, mechanical, or electrical excavation, site fencing, locating private utilities, private utility repairs, winter or cold weather conditions, night or weekend work, winter conditions. traffic control, utility or structural sheeting, shoring, underpinning, buried debris, rock excavation, class V base materials, drain tile, footing insulation or waterproofing, separation fabrics, vapor barriers, drainage Exclusions: Bonds, permits, fees, surveying, engineering, testing, rail road insurance, special insurance, site specific training for employees, landscaping, irrigation, watering of sod, soil corrections, dewatering, Rout and seal longitudinal and transverse working cracks that are 1/4" wide or wider. Alligator cracking, hairline cracking, block cracking, or cracks wider than 1" are not included unless otherwise specified. Previously filled cracks will not be routed. NOTE: Quote is based off 21,000 LF. Any LF above 21,000 will be billed @ $0.79/LF NOTE: Quote Assumes 1 mobilization Crack Sealing: We hereby submit specifications and quotations for the following: Description of Work to be Performed Qty. 21000 Date:May 25, 2022 14727 209th Street N Crack Seal Streets per city supplied map Charles Fischer 651-433-5223 c.fischer@ci.scandia.mn.us Proposal City of Scandia Phone: 763.425.057510503 - 89th Avenue North Maple Grove, MN 55369 Cell: 612-834-0167 Email: m.dolecki@alliedblacktopmn.comwww.alliedblacktopmn.com Scandia, MN 55073 General Qualifications Allied Blacktop Company offers a one year guarantee on workmanship and materials on all scopes of work listed below, unless clarified. Please confirm scope of work detailed on site plan to assure accuracy. Allied Blacktop will contact customer prior to construction. Work will be done in a continuous fashion to minimize (but not eliminate) customer inconvenience. Allied Blacktop Company encourages an on-site pre construction meeting if traffic and staging issues are a concern. Allied Blacktop Company is not responsible for locating, repairing or replacing the following: Private utilities, Parking lot lights, sprinkler head, sprinkler lines, other non-located items in the construction area. Allied Blacktop is not liable for asphalt areas broken by equipment during construction process. Any deviation from original approved scope of work will only be completed with customer approval (written change order). Prior to the start of work, any obstructions in the construction area shall be removed by owner. Any delays may result in additional charges. Construction outside of this contract resulting in damage to project area will not be covered under Allied warranty. Catch Basin Warranty Information and Qualifications: While Allied Blacktop Company makes every effort to provide firm pricing on all our projects it is impossible to do so on catch basin reconstructs in that the repair work is under ground and cannot be specifically identified with a surface inspection. No work beyond time and materials pricing will proceed without verification and approval by the owner. Allied Blacktop Company will call for locates in advance of construction. Chip Seal Warranty Information and Qualifications: Qualifications: The one year guarantee does not include uneven wearing patterns in drive lanes, high traffic areas, exposed aggregate asphalt surfaces, and plow scraping. Excessive silt/dirt areas that are not able to be cleaned by reasonable means, may not adhere properly and result in premature wearing. Heavily shaded areas (ie. overhanging trees, tall buildings, etc.) may not properly cure. Low areas on the existing asphalt surface that hold water will reduce the life expectancy of the seal. Seal coats generally do not adhere well to epoxy striping materials. The Spring following a chip seal application, after the snow has melted, may reveal loosened aggregate in grass or areas where snow has been piled. This is typical of a chip seal application, and a second sweep in the spring should be considered at an additional charge (sweeping does not include landscape areas). Weeds and vegetation removal shall be done by owner at least 1 week prior to construction. Any areas not accessible to chip seal rollers will not be warrantied, and are excluded from the project unless otherwise noted. Specifications: All chip seals experience oil bleeding and aggregate tracking. The pick-up sweep of excess aggregate is generally done 4 to 8 weeks after application. Actual lot conditions, weather, and other factors will determine actual sweeping time of aggregate. Polymerized oils allow for quicker pick up sweep to minimize aggregate tracking (generally 2 to 4 weeks). Fog seals will minimize the aggregate tracking and oil bleeding. Allied Blacktop Company uses the Standard McLeod formula for gauging application rates. Deviations from the formula at the customer’s request may result in a warranty waiver. While the MNDot specifications allow for chip seals to be constructed from May 15 to September 1. Late season chip seals (starting August 15th) may exhibit a higher incidence of aggregate stripping and oil bleeding in subsequent seasons. Chip seals will not add structural integrity or correct water flow issues. Chip seal material may overlap into curb lines, this should be considered incidental to the construction. Application: Clean the asphalt with a Mechanical Pick-up style street sweeper. Dispose of sweepings offsite. Apply liquid asphalt at a rate specified on proposal with asphalt distributors equipped with computerized rate of control. Apply cover aggregate at a rate specified on proposal with a self-propelled computerized chip spreader. Roll the cover aggregate with eleven wheel pneumatic rubber tire rollers. Pick up sweep excess aggregate as per curing conditions. Seal Coat & Fog Seal Warranty Information and Qualifications: Qualifications: The one year guarantee does not include uneven wearing patterns in drive lanes, high traffic areas, exposed aggregate asphalt surfaces, and plow scraping. Excessive silt/dirt areas that are not able to be cleaned by reasonable means, may not adhere properly and result in premature wearing. Heavily shaded areas (ie. overhanging trees, tall buildings, etc.) may not properly cure. Low areas on the existing asphalt surface that hold water will reduce the life expectancy of the seal. Seal coats generally do not adhere well to epoxy striping materials. All qualifications, specifications, and applications listed in this section also apply to fog seals. Traffic on uncured seal coats may result in material tracking (Allied not responsible for cleaning). Weeds and vegetation removal shall be done by owner at least 1 week prior to construction. Water protruding from the asphalt or adjacent areas that run into the seal coat area may affect the performance of the seal coat and will not be warrantied. Specifications: CS-41 seal coats must be applied during daylight hours to ensure proper application and curing. CS-41 generally dries in one to five hours. It takes several additional hours for proper cure. Allowing traffic on the product prior to proper cure will result in premature wear. While CS-41 is a resurfacing as well as a rejuvenating sealer it will polish off the top of exposed aggregate and in drive lanes. CS-41 can be used over the top of chip seals to enhance aggregate adhesion and minimize aggregate tracking and oil bleeding. Sealcoating done after September 1st may have a high tendency for excessive or premature wearing and will not be warrantied. Application: Clean asphalt surface to remove dust and loose debris. Apply CS-41 rejuvenating sealer and binder as per manufacturer’s specifications. Crack Seal Warranty Information and Qualifications: Qualifications: The one year guarantee does not include previously sealed cracks that have failed and cannot be routed. Cracks sealed in parking areas are not warrantied. No warranty on un-routed cracks. Specifications: Cracks wider than 1” should not/may not be crack sealed. Alligator, hairline and block cracks should not be sealed and will not be unless sealing these cracks is requested by customer in writing. Alligator, hairline and block cracks will not be routed or warrantied. Previously sealed cracks that have failed or recessed will be topped off only (no rout). Weeds in cracks are to be sprayed/removed by customer 2 weeks prior to construction. Cover paper will be used at contractors’ discretion. Application: Rout and seal the longitudinal and transverse “working” cracks that are ¼” wide or wider up to 1”. Rout cracks ¾” by ¾”. Dry and clean the crack with hot air lance and/or forced air. Seal crack with MNDOT spec hot crack seal material. Material will be heated in a melter equipped with a double jacket boiling system to prevent scorching and overheating of the material. Include over band as per MNDOT specifications. Apply proper cover as necessary per contractors’ discretion. Patching and Paving Warranty Information and Qualifications: Qualifications: The one year guarantee does not include “frost, working, reflective” cracks or scrapes and other surface damage caused by plows, vehicles and equipment. All overlays will experience frost cracks, working cracks, and reflective cracks. Settling in trench patches due to sub base compaction will not be warrantied. No warranty on drop and roll patching. Late season patching & paving may result in rough mix and cold seams. Specifications: Please inform an Allied estimator or Office Staff of specific water flow concerns (if any) prior to construction. Water flow issues may not be addressed unless identified by owner prior to bidding and construction. Allied Blacktop Company will shoot elevations upon request or if water flow issues are present and identified prior to construction. No guarantee on 100% water flow unless 1.5% pitch can be established and maintained. Asphalt overlays will mirror existing parking lot. Allied Blacktop Company will call for locates in advance of construction. Allied Blacktop Company will not be responsible for locating, repairing or replacing the following: Private utilities, sprinkler head, sprinkler lines, or other non-located items in the construction area. Allied Blacktop Company is not responsible for any backfilling, seed or sod unless detailed on proposal. Allied Blacktop Company is not responsible for any City, State, County, Federal, Watershed or other permitting unless detailed on proposal. Parking stripes affected by asphalt work will not be re-striped unless quoted. This contractor is not liable for asphalt areas broken by equipment during construction process. Base replacement is not included in the contract unless noted on the proposal. If base replacement is found to be necessary, replacement cost will be approved by owner prior to continuing the construction process. Application: Asphalt paving application details to be noted on proposal if not listed in this section. Patch asphalt as specified on proposal by methods of remove and replace, mill and patch, skin patch, drop and roll or infrared patching or other specified method. Remove and replace: Jackhammer, mill, or sawcut straight edge. Remove existing asphalt and dispose off-site. Stabilize existing base material. Install asphalt as per specified thickness and compact. Mill and Patch: Mill existing asphalt to a specified depth. Clean milled surface. Apply CSS1H tack material. Install asphalt as per specified thickness and compact. Skin Patch: Clean existing asphalt surface. Apply CSS1H tack material when applicable. Install asphalt material and compact. (No Warranty) Drop and Roll: Install asphalt material and compact (No Warranty). Infrared Patch: Heat existing asphalt surface. Add asphalt sand fines as necessary rake to level and compact. Concrete Warranty Information and Qualifications: The one year guarantee does not include “frost or hairline cracking, scrapes and other surface damage caused by plows, vehicles and equipment, or concrete spalding or raveling as a result of improper salting. After October 15th cold weather charges will take effect. Allied is not responsible for concrete parking blocks damaged during the removal process. Parking blocks can be replaced at a price to be specified prior to installation. Pre-Lien Notice (A) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions; (B) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvements unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. 1. Warranty. All Work is to be completed in a workmanlike manner, according to standard industry practices in Minnesota. Unless otherwise required by law, Contractor provides a warranty on all labor related to the Work for a period of one year from the date Contractor ceases work on the Property. All materials provided to the Property are covered only by manufacturers’ and/or suppliers’ warranties, if any. Unless otherwise specified all materials will be standard stock materials and other products and materials may be substituted for equivalent products due to availability. Some variation in color and texture of materials is acceptable. Contractor does not warrant or guarantee any materials or labor that Contractor did not originally provide. Contractor does not warrant labor and materials related to Owner-Direct Work and Owner-Direct Work may void Contractor’s warranty. Contractor shall not be responsible for work required as a result of the acts or errors of others or for latent defects in materials or products. 2. Access to Property. The Price is based upon completion of the Work during normal working hours and Owner agrees to provide Contractor clear and continuous access to the Property as required for the Work. Owner will be responsible for Price increases if any failure to provide reasonable access interrupts Contractor’s Work. Owner shall make toilet facilities available to all workers or compensate Contractor for the cost of rented units plus 10% for overhead, which shall increase the Price. Owner shall furnish electric, water, and other utilities for the Work at no expense to Contractor. Owner shall arrange for any necessary identification of underground utilities prior to any digging. 3. Hidden or Hazardous Conditions. A “Hidden Condition” shall mean a concealed or unforeseeable condition not readily observable when inspecting the Property for purposes of estimating the Price. A “Hazardous” Condition shall mean hazardous materials, asbestos-containing materials, mold, insect or rodent infestation, or similar conditions. Contractor has no responsibility to determine the presence or absence of any Hidden or Hazardous Conditions affecting the Work. The Price does not include and Contractor shall not be required to remove, protect against, dispose of or remedy Hidden or Hazardous Conditions. Owner acknowledges receipt of a Mold Notice/Waiver and Formaldehyde Disclosure as required by Minnesota law. Any alteration or deviation from the scope of the Work, including hidden damage, additional work required by government inspectors, out of square or out of plumb conditions, or discovery of Hidden or Hazardous Conditions, shall entitle Contractor to immediately stop the Work, require a written Change Order signed by the parties, and may result in extra charges beyond the Price which Owner agrees to pay. 4. Use of Property. Contractor may a) place an advertising yard sign at the Property for promotion and to identify the Property for workers and suppliers and b) store materials and rubbish at the Property. Owner may be charged additional fees for items other than construction debris found in Contractor’s dumpsters. 5. Substantial Completion. Substantial Completion shall be the date on which Contractor’s Work is substantially finished so that the Work may be used for its intended purpose (as distinguished from the date of Owner’s acceptance thereof), or the date of Contractor’s last item of work at the Property, whichever is earlier. 6. Delays. Contractor shall not be responsible for delay damages arising from stoppage of the Work due to a) Owner’s breach of contract, b) Owner’s failure to provide access to the Property, c) as a result of inclement weather, strikes, fires, accidents, labor shortages, delays in delivery of materials, or d) any causes beyond Contractor’s reasonable control. 7. Owner-Direct Work. Contractor is not responsible for timely delivery or performance of any labor or materials for which Owner is directly responsible (“Owner-Direct Work”). Owner shall not give instructions to or directly request any work from Contractor’s workers. Delays caused by Owner-Direct Work may result in extra charges beyond the Price which Owner agrees to pay and for which a Change Order shall be signed, including but not limited to a $200 per trip service charge. 8. Payments and Collection. If Owner fails to make payment as required by this Agreement Contractor may stop work on forty-eight (48) hours notice. The Price shall be increased by Contractor’s reasonable costs to stop and/or resume Work, and Owner agrees to pay any such costs. Owner agrees to pay a service charge of 8% per annum or the maximum amount permitted by law on all balances 30 days or more past due. Owner shall also pay for all collection costs, including employee time and expense and all attorneys’ fees and costs Contractor incurs in collection of and/or protection of its interests in Owners’ past due account or other enforcement of this Agreement. 9. Personal Property. Except as specifically called for by this Agreement Contractor shall not be responsible for protection of Owner’s vehicles or other personal property (“Personal Property”). Owner shall manage and be responsible for protection of Personal Property and Contractor shall not be responsible for the theft or disappearance of or damage to Personal Property. Contractor shall not be responsible for locking or closing doors or gates. 10. Liquidated Damages. Owner acknowledges that it would be difficult to determine Contractor’s precise damages if Owner breaches this Agreement or if Owner terminates this agreement without a legal basis. Therefore, in the event Owner terminates after any applicable cancelation period or otherwise breaches this Agreement, Owner still agrees to pay Contractor: (1) in full on a time and material basis for all services Contractor, its subcontractors and material suppliers have provided to Owner or the Property, and (2) lost profit equal to 25% of the Price, Change Order amounts, and additional services Contractor and its subcontractors and material suppliers have provided to Owner or to the Property as of the date of such termination or breach, which fee represents the industry standard for reasonable profit and overhead. Owner agrees that the described damages in this Section are a reasonable estimate of the damages that Contractor would incur due to Owner’s breach of the Agreement. 11. Limitation on Claims. Any civil action alleging Contractor’s breach of this Agreement, negligence, fraud, misrepresentation, or any other claim by Owner must be initiated no later than one (1) year after the earlier of (a) the date Contractor ceases work on the Property, or (b) the date Contractor’s building permit is finalized or otherwise closed. Contractor shall not be responsible for any damage to the Property related to the weight or delivery of dumpsters, equipment or materials. Owner agrees that Owner’s maximum claim for damages against Contractor, and Contractor’s