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HomeMy WebLinkAboutContract 1676NOTICE OF AWARD To: Thomas and Sons Construction, Inc. 13925 Northdale Boulevard P.O. Box 303 Rogers, MN 55374 Project Description: Central Avenue (TH 65) Improvements and University Avenue Internally Lit Signs City Project No. 9912, 9912& and 9920 The Owner has considered the bid submitted by you for the above described work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your bid has been accepted for items in the amount of $ 3,872,405.22 You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond within ten calendar days from the date of receipt of this notice by you. If you fail to execute said Agreement and to furnish said Bond within ten days from the date of receipt of this notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned and as a forfeiture of your bid bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this notice of award to the Owner. Dated this 15 day of May ,2002. Owner: By: City of Columbia Heights Title:_ ~2~).~-~_~'~/~Y~"~'~ ~.~ ~,.,.,~ ~-,~,-'~ A~E~A~OF NOTICE: Receipt o~ the above Notice of Award is hereby acknowledged. rA33910X33910004\word~specs 1 of I AGREEMENT This Agreement, made this 15th day of City of Columbia Heights and Thomas and Sons Construction, Inc. May ,20 02 , by and between the , hereinafter called "Owner" , hereinafter called "Contractor." Witnesseth: That for and in consideration of the payments and agreements hereinafter mentioned: The Contractor will commence and complete the construction of Central Avenue (TH 65) Improvements and University Avenue Internally Lit Signs (City Project No. 9912, 9912A, and 9920 The Contractor will furnish all material, supplies, tools, equipment, labor, and other ,services necessary for the construction and completion of the project described herein. The Contractor will complete the work required by the Contract Documents as specified unless the period of completion is extended otherwise by the Contract Documents. The Contractor agrees to perform all work shown on the Proposal Form and described in the Contract Documents for the sum of $3,872,405.22. The final amount of the Contract shall be determined by multiplying and summing the resulting product of the final measured quantities of the various items actually constructed and installed by the unit prices stated therefore, in the manner prescribed in the specifications. The term "Contract Documents" means and includes the following: (A) (B) (C) (D) (E) (F) (G) (I) (J) (K) (L) (M) (N) Advertisement for Bids Information for Bidders Proposal Form Bid Guaranty Contract Agreement Contract Bond Notice of Award Notice to Proceed Special Provisions General Conditions Plans prepared by URS Corporation, numbered One (1) through One Hundred Thirty Six (136) dated January_ 14, 2002. Specifications prepared or issued by URS Corporation, dated January 14, 2002. Addenda: No. One (1), dated April 4 No. Two (2), dated April 15 No. Three(3), dated April 22 No. ~.(_), dated ,20 02 ,20 02 ,20 02 ., 20 Supplemental Agreements and Change Orders r:~33910X339 ! 0004\worchspecs 1 of 4 The Owner will pay to the Contractor in the manner and at such time as set forth in the General Conditions such amounts as required by the Contract Documents. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. In Witness Whereof, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in Four (4) copies, each of which shall be deemed as original on the date first above written. (Seal) Attest: Signature Name Title x - l ~ Title Address Signature Name Peterson Mayor Title Address Date r:k339 ! 0k33910004\word~specs 2 of 4 (Seal) Attest: Title CONFFRAC~rOR: Thomas a Sons Construction, Inc. · ~,ignature~5~en J. Thcmas, 3r. Steven J. Thcmas, Jr. Name Vice President Title 13925 Nort.hda! e B1 vd. P.0,. Box 303 Address gogers, I~1 55374 May 15, 2002 Date (Seal) Attest: Namet/~, Title a/~Constructi on, Inc. ./~gnature Shari A. Thomas Name Vice President Title 13925 Northdal e B1 vd. P. 0. Box 303 Address Rogers, ~ 55374 May 15, 2002 Date License Number (if applicable) r:N33910N33910004\wordXspecs 3 of 4 Note: Two (2) corporate officers are to sign if applicable. State of Minnesota County of The foregoing instrument was acknowledged before me this 20 02 7ij2}.%~X.~X.'"}. ~'~'~)~~ Notary Public Commission 15t. h day of r~¥ County, Minnesota. My ~~.~c.. ~,,,~so'r~ Expires Jan. 31, 2005 ?' r:~33910X33910004\word~specs 4 of 4 PERFORMANCE BOND KNOW AI.L MEN BY THESE PRESENTS that we, 71-sa~us & Sort50:r~tr~c__tm Inc, as Principal and t~ttecl Fi.re O~ (a corporation certified by the Minnesota Commissioner of Insurance and authorized to act as a surety as provided in Minnesota Statutes Sec. 71.31 and 574.15) a Surety, are held and firmly bound unto the City of Columbia Heights , a Minnesota municipal corporation, hereinafter called the "Obligee," for the use of the Obligee and of all persons and corporations doing work or furnishing skill, tools, machinery, materials or insurance premiums or equipment or supplies, for any camp maintained for the feeding or keeping of men and animals engaged under, or for the purpose of, the contract described below, in the amount of Three Million Eight Hundred Seventy Two Thousand Four Hundred Five and 22/100 Dollars ($ 3,872,405.22 ), for the payment of which well and truly to be made we bind ourselves, and each of us, and our, and each of our, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee dated Va~' 15 ,20 02 , for#: 9912, 9912~ a 9920, the regularity and validity of which is hereby affirmed and for which a bond is required by Minnesota Statutes Section 574.26; NOW, THEREFORE, if the Principal shall perform and complete said contract in accordance with its terms and shall pay, as they may become due, all just claim for such work, tools, machinery, skill, materials, insurance premiums, equipment and supplies, and shall save the Obligee harmless from all costs and charges that may occur on account of the doing of the work specified and for the enforcing of the terms of this bond if action is brought hereon, including reasonable attorney fees, in any case where such action is successfully maintained and for the compliance with the laws appertaining thereto, then this bond shall be void, but otherwise shall remain in full force and effect. No assignment, modification, or change in the contract, or change in the work covered thereby, nor any extension of time for completion of the contract, shall release the Surety of this bond. Sealed with our seals and dated this Witness to Contractor's signature: (Seal of Contractor if a corporation) __ day of rsay ,20 02 Principal (Name~ of Contractor) ~ And it's V'~c~id~'~'~ U-~ted ~m ~ Surety ,..-7 R:\33910\3391001M\Word\Construction\Contract-docs\Perbond.do~ ] of 2 CERTIFICATE OF ACKNOWLEDGEMENT (For use where Contractor is a corporation) STATE OF MINNESOTA ) SS COUNTY OF grr)ka .) SS On this 15th day of I~y ,20 02 , before me personally appeared Steven 3. Thomas, Or. and Shari A. llamas to me personally known who, being by me duly sworn, did say that they are respectively the Vice President's of lhcxpas and Sons Cmstructior~@qhe seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, andsaid Stevm 3. Thomas, Or. and Shari A. Thorns acknowledged the instrument to be the free act and deed of said corporation. ,"' ' - .) NOTARY PI.,aUC- MINNESOTA ' ~ My Commission Expires Jan. 31.2005 !v Full Name of Surety Company Notary Publi% 118 2r~ A'~ SE, C~%, R~, IA 52407 Home Office Address Je~u,~ H Name of Attorney-in-fact 5]<hlaq, Pardse & B~ll, Ir~ M~, MN 55117 Name of Local Agency Address of Local Agency If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety Company. Name of Agency affixing countersignatureAddress CERTIFICATE OF ACKNOWLEDGEMENT BY PRINCIPAL (For use where Contractor is individual or partnership) STATE OF MINNESOTA ) SS COUNTY OF ) SS On this __ day of ,20 , before me personally appeared , to me known to be the person described in and who executed the foregoing bond, and acknowledge that they executed the same as free act and deed. (NOTARIAL SEAL) Notary Public MEMORANDUM: Affix here Power of Attorney and Acknowledgement of Corporate Surety. R:\33910\33910004\Word\Constructio~\Co~tract<locs\Perbond.doc 2 of 2 PAYIVIENT BOND KNOW ALL MEN BY THESE PRESENTS that we, '~:mss & Szn50:r~t~e_icn Lng , as Principal and Uait,~d_~ Fixe Oat1:z~ (a corporation certified by the Minnesota Commissioner of Insurance and authorized to act as a surety as provided in Minnesota Statutes Sec. 71.31 and 574.15) a Surety, are held and firmly bound unto the City of Columbia Heights a Minnesota municipal corporation, hereinafter called the "Obligee," for the use of the Obligee and of all persons and corporations doing work or furnishing skill, tools, machinery, materials or insurance premiums or equipment or supplies, for any camp maintained for the feeding or keeping of men and animals engaged under, or for the purpose of, the contract described below, in the amount of Three Million Eight Hundred Seventy Two Thousand Four Hundred Five and 22/100 Dollars ($ 3,872,405.22 ), for the payment of which well and truly to be made we bind ourselves, and each of us, and our, and each of our, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee dated ~ 15 ,2002 , for #: 99~2, 99'12_~ a 9920, the regularity and validity of which is hereby affirmed and for which a bond is required by Minnesota Statutes Section 574.26; NOW, THEREFORE, if the Principal shall perform and complete said contract in accordance with its terms and shall pay, as they may become due, all just claim for such work, tools, machinery, skill, materials, insurance premiums, equipment and supplies, and shall save the Obligee harmless from all costs and charges that may occur on account of the doing of the work specified and for the enforcing of the terms of this bond if action is brought hereon, including reasonable attorney fees, in any case where such action is successfully maintained and for the compliance with the laws appertaining thereto, then this bond shall be void, but otherwise shall remain in full force and effect. No assignment, modification, or change in the contract, or change in the work covered thereby, nor any extension of time for completion of the contract, shall release the Surety of this bond. Sealed with our seals and dated this 15 day of Fay ,2002 Witness to Contractor's signature: ~7-~ o.,~.~- ,t?/v,4/~).4,-r C/ o.n.' ,~f. otc7'~, (Seal of' Contractor if a corporation) Principal (Name of Contractor) .~/ Its ,~ V~e ~f~esident /fts ~/ice President R:~33910X33910004\WordXConstruction\Contract-docsXPaybond.doc 1 of 2 CERTIFICATE OF ACKNOWLEDGEMENT (For use where Contractor is a corporation) STATE OF MINNESOTA ) SS COUNTY OF gnoka ) SS On this 15th day of ~Y ,2602 , before me personally appeared Steven 3. Iix:mas, 0r. and $hari ^. llx:~s to me personally known who, being by me duly sworn, oflh:raas and Sons CofstructJonth~Cthe did say that they are respectively the Vice Pcesident's seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said St. even 3. 'O-r~s, ~. and SharJ ^. 'Iix:mas acknowledged the instrument to be the free act and deed of said corporation. (NOTA~ Jan. 31.2005 Full Name of Surety Company Notary Public(~ .... 118 2rr:]. ~ ,~t ~ t~ct% /g. 52407 Home Office Address ~ H 13dala:l Name of Attorney-in-fact l~blacl, ~ & B~I~.12, Inc ~, ~ 55117 Name of Local Agency Address of Local Agency If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety Company. Name of Agency affixing countersignatureAddress CERTIFICATE OF ACKNOWLEDGEMENT BY PRINCIPAL (For use where Contractor is individual or partnership) STATE OF MINNESOTA ) SS COUNTY OF .) SS On this ~ day of ,20 , before me personally appeared , to me known to be the person described in and who executed the foregoing bond, and acknowledge that they executed the same as free act and deed. (NOTARIAL SEAL) Notary Public MEMORANDUM: Affix here Power of Attorney and Acknowledgement of Corporate Surety. R:k33910k33910004\WorchConstruction\Contract-docs~aybond.doc 2 of 2 appoint T.D. BRAY, OR JEROME H. EKBLAD, OR JAMES D. KURN, OR MARY A. MILLER, lawful bonds, under,kings end"other obligatory instruments of similar nature as follows: ANY AND ALL BONDS ~d::tob nd U~TED FIRE-~&:;:.CASUALTY. COMPANY.:-~hereby ::~S;;;[fUI!:y and : :tO;:[ the s~;extent as S~tlon 2, Ap~intment of Attorney-in-Fact. "~a P~esident or Iny ~ce President, ot any other olficer of the Company, may, from time to time, ::: Ippolnt by w~!ttan ~rtlf!ca~ attome~-in-fact to act In behalf of lha ~mpany In the ~ution of policies ol insurance, ~ds, uade~a~ngs and ..:' :::: :. :::: :::other obll~O~::~nstrUmi~ts ~ ~[~i nature. ~e signature of any officer authorized hereby, and the ~porate seal, may :.~':affiXi~ :[::" :::~: ~w~r of it~o,~ ~::~ecl~J ~We~:~l attorney ~ ce~lfication of elthe, authodz~ he,eb~ such signature ~nd sea[:~h'a~::so U~d~:being a~pted bY :: :~;:: '::~::: the :~m~y;~?lh~'~rlgi~i sig~tU~e of such officer and the ~lglnal seal of the ~m~ny, to be v.l~ and binding :~O~ ~a ~&mP~y ~:h the: ~m~ :: forCe:and ~ff~:aS.~ough manq~!lyaffixed. Such attorneys-In-fact, subj~t to the limitations ~t lo.th In thai, respe~Ve ff~tl~te{?~ : ::~ :::: :haVe[;:lul! ~r to':~d:~e ~pa~y by thet~ signature and ~acutlon of any luch Instruments and to attach the .~1 · ;. · '~:: .... p~eSld~t Or:~y ~ Pr~l, :the: Board of Dl~lom or any ~the~ offlce~ of the Company may at any time ~evoke i~l IN WITNESS WHEREOF. the UNITED FIRE & CASUAL~ COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this day of State of Iowa, County of Linn, SS: ::.:: da~:; Of :':.:S~:~T~MBER . 2.00~, before.me..personally came ,je~r:i~7 ~, :i~:Ch~::~n.::: ::::. :: : to 'me knoW~: who :being .bY me ~:dUly Sworn, did depose and s~y; that he resides ::in cedar':~R~dS; :S~te :~f Iowa that:he :-iS;: a : vice president 6f ~he UN ~ED ~ RE(: &:~ CASUALT~ c~MPANy, ':;:~he :~:~o~o~at~on d~scrib~a ~:.i~ ~::~n~:;~:w~ ~h:~:[~exebuted th~ ~:" inStrument~: :~{ :he ;~oW~-.t~;~'~i' ~:': ~a~d ::C°rpor~0n~:that the s~J: a;~i:~ed:::;{o t~ ~;:::.~i::~t~t :~: s~:~0~°~ate seal;:;:~a~:~it[; ~:: :~:~Was so affixed P~suant::'t:O;~:.:~t~6~ty g~en;;~by the:;:Boar~ 0f Direc{;~s ~:of:~;:.~Said name pursuant ,o like authority, and ~ckgowledges same ,0 be the act and de~d of said c0rP~¢'~tion., L . J 0' J., ?: :i~::.~:the: b~d&~he~' o~&~:.6~:'' th~ UN~Y~D 'FiRE &::.[CAsU~z~y :~b~y~:;:: do~::~eb.~:~e~:fy t~'~[~'::~:~: ~8'~red ~e.~;[~::~o~ag&~g P~e~ ~f A{~'~y. '~{~:[::~'~:ORiGINALS~:.:~N: ~i~E IN 'YHE;:[~ H~E ~:F~i~:~: O~:':$Ai~ :'~OMPANY, ';:~:.:::th~ the transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is ::::-. now in full::::force and effec~.-,.~:::~:.: ......... ...::~:: .......... :~:.:~: :.:: ........ .. ............. ~;~ ~;~::':~"f;:;~:': ::;::;;;:::;i~::t~:~mo~;:~hereof;:'i'h~:hereunt~::~;~b6~crib~d::'~;~y n~'~:;~;~;~'d:~;~f.fij===================== NOTICE TO PROCEED To: Thomas and Sons Construction, Inc. Date: 13925 Northdale Boulevard P.O. Box 303 Project: Central Avenue (TH 65) Improvements and University Avenue Internally Rogers, MN 55374 Lit Signs City Project Nos. 9912, 9912A, and 9920 Y.o~usare hereby notified to commence work in accordance with the Agreement dated 'IY~/X;--X" .~ ,20OT-~and to complete the work in the calendar days or by the date ~ '/'7 I ~ {'(Owner) Acceptance of Notice: Receipt of the at ore Notice to Proceed is hereby acknowledged by ~,~t~ ~. , this the ?~)~ ~2ay of.~.~ ,20 By Title ~' ~'"" rA33910X33910004\worchspecs 1 Of 1