HomeMy WebLinkAboutContract 1673 EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the
MINNESOTA, (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows: ..
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
2002 STREET REHABILITATION~ ZONE 6A
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
CITY PROJECT NO. 0202
· STREET RECONSTRUCTION
· WATER MAIN
· STORM SEWER
· SANITARY SEWER
ALTERNATE 1
· RESIDENTIAL CONSTRUCTION
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS'
ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as
OWNER's representative, assume all duties and responsibilities, and have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with the completion
of the Work in accordance with the Contract Documents.
20
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion
and readiness for final payment as stated in the Contract Documents are of the
essence of the Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Wqrk will be substantially completed on or before August 30, 2002 and
completed and ready for final payment in accordance with paragraph 14.07 of the
General Conditions on or before September 27, 2002.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance ~vith Article 12 of the General Conditions. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by OWNER if the Work is not
· completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty),
CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time
specified in paragraph 4.02 for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall neglect, refi.~se, or
fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00
for each day that expires after the time specified in paragraph 4.02 for completion
and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs below:
For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an
Exhibit A.
As provided in paragraph 11.03 of the General Conditions, estimated quantities are
not guaranteed, and determinations of actual quantities and classifications are to be
made by ENGINEER as provided in para~aph 9.08 of the General Conditions. Unit
prices have been computed as provided in para~aph 11.03 of the General
Conditions.
21
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR's Applications for Payment on or about the fifteenth
day of each month during performance of the Work as provided in paragraphs
6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the schedule
of values established in paragraph 2.07.A of the General Conditions (and in the case
of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below but, in each case, less the
aggregate of payments previously made and less such amounts as
ENGINEER may determine or OWNER may withhold, in accordance with
paragraph 14.02 of the General Conditions:
a. 95% of Work completed (with the balance being retainage). If
the Work has been 50% completed as determined by ENGINEER,
and if the character and progress of the Work have been satisfactory
to OWNER and ENGINEER, OWNER, on recommendation of
ENGINEER, may determine that as long as the character and progress
ofthe Work remain satisfactory to them, there will be no retainage on
account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion will be
in an amount equal to 100% of the Work completed less the aggregate
of payment previously made; and
b. 95% of cost of materials and equipment not incorporated in
the Work (with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount
sufficient to increase total payments to CONTRACTOR to 98% of the Work
completed, less such amounts as ENGINEER shall determine in accordance
with paragraph 14.02.B.5 of the General Conditions and less 5% of
ENGINEER's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the
certificate of Substantial Completion.
22
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions
shall bear interest at the rate of 6% per annum.
ARTICLE 8- CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents
and the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied
as to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and
local Laws and Regulations that may affect cost, progress, and performance of the
Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all dra~vings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions
and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the
Site which has been identified in the Supplementary Conditions as provided in
paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for having done so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress,
or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the Contract
Documents to be employed by CONTRACTOR, and safety precautions and programs
incident thereto.
23
F. CONTRACTOR does not consider that any further examinations,
investigations, explorations, tests, studies, or data are necessary for the performance
of the Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. CONTRACTOR is axvare of the general nature ofwork to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
24
ARTICLE 9 - CONTRACT DOCUMENTS
9.01
Contents
A. The Contract Documents consist of the following:
Bo
2.
3.
4.
5.
6.
7.
8.
11.
This Agreement (pages ~ to ~
Performance Bond (pages to __
· Payment Bond (pages ~ to ~
Other Bonds (pages to
General Conditions (pages __ to
Supplementary Conditions (pages
inclusive);
inclusive);
inclusive);
inclusive);
, inclusive);
to , inclusive);
Specifications as listed in the table ofcontents of the Project Manual;
Drawings consisting of a cover sheet and sheets numbered 1 through
25, exclusive, with each sheet bearing the general title Zone 6A and
the City Project Number.
Addenda (numbers ~ to
, inclusive);
Exhibits to this Agreement (enumerated as follows):
ao
Notice to Proceed (pages __ to , inclusive);
CONTRACTOR's Bid (pages ~ to , inclusive);
Documentation submitted by CONTRACTOR prior to Notice
of Award (pages to , inclusive);
;
The follo~ving which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
ao
Written Amendments;
Work Change Directives;
Change Order(s).
The documents listed in paragraph 9.01.A are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 9.
The Contract Documents may only be amended, modified, or supplemented as
provided in paragraph 3.05 of the General Conditions.
25
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
10.02
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
Assignment of Contract
A. No assignment by a party hereto o f any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignrnent will
release or discharge the assignor from any duty or responsibility under the Contract
Documents.
' 10.03
10.04
10.05
&~ccessors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
Severability
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, xvho agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
Other Provisions (if applicable).
26
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of
the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on /~.j~ /:~t ,2002 (which is the Effective Date of the
Agreement).
OWNER:
CONTRACTOR:
[CORPORATE SEAL HERE]
[CORPORATE SEAL HERE]
Attest
Address for giving notices:
(If OWNER is a corporation, attach evidence
ofauthority to sign. If OWNER is a public
body, attach evidence of authority to sign and
resolution or other documents authorizing
execution of OWNER-CONTRACTOR
Agreement).
Address for giving notices:
License No. M
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to
sign.)
Designated Representative:/' Designated Representative:
Name: ~J~/~ /~A/$'~''~/ Name:
Address: d3~~~~ Address:
Phone: ~ ~B/--~ ~V Phone:
Facsi~le: ~ ~P~'--J ~ / Facsi~le:
27
BOND No. GRNN19740A
CONSTRUCTION PERFORMANCE BOND
Any singular reference to the Contractor, Surety, Owner or other part~ shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Park Construction Company
7900 Beech Street NE
R is, 543
City of Colnmhia Heights
637 - 38th Ave. N.E.
Col~mhia Heights, MN 55421
CONSTRUCTION CONTRACT
Date: Nay 13, 2002
SURETY (Name and Principal Place of Business):
Granite Re, Inc.
P.O. Box 20683
Oklahoma City, OK 73156
Amount:S1,092,816.35 One Hillion Ninety T~o Thousand Eight Hundred Sixteen
Description (Name and Location): City Project No. 0202 and 35/100
2002 Street Rehabilitation, Zone 6A
Colmnhia Heights, H~nnesota
BOND
Date (Not earlier than Construction Contract Date): Nay 21, 2002
Amount:S1,092,816.35 One Ktllion Ninety T~o Thousand
Modifications to this Bond Form: None
Eight Hundred Sixteen
and 35/100
CONTRACTOR AS PRINCIPAL
Company: ., (Cor~Seal)
Park Constructi~ Co~ny~-
Signature:
Name and T~e: -
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature:
Name and Title:
'SURETY
Company: (C~rp. Sea~/ ~:
Signature: ~
Name a)a~tle: Jonathan Pate
Attorney-in-Fact
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
EJCDC No. 1910-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents
Committee, The Associated General Contractors of America, and the American Institute of Architects.
28
Stat~ of
Ceunty of
On this
come(s)
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
day of
, in the year ~ before me personally
to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument,
and acknowledge(s) to me that he executed the same.
State of
County of
On this.
come(s)
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
day of , in the year
, before me personally
a member of the co-partnership of
to me known and known to me to be the person who is described in and executed the foregoing instrument, and
acknowledges to me that he executed the same as for the act and deed of the said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State of
County of
On this
day of ~/)/~ ~ , in the year ~-O~--before me personally
to me known, who, being duly sworn, deposes and says that he resides in the City of
the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation;
the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors
of said corporation, and that .h~e. sjctned his name thereto by like order.
' ¢-'"'"" KNOWLEDGMENT OF SURE
State of Minnesota
County of Dakota
On this 21 st
come(s) Jonathan Pate
Granite Re, Inc.
day of May , in the year 2002, before me personally
Attorney(s)-in-Fact of
with whom I am personally acquainted, and who, being by me duly sworn, says
that he reside(s) in Inver Grove Heights, MN that he is (are) the Attorney(s)-in-Fact of Gra~te Re, Inc.
company described in and which executed the within instrument; that he know(s) the corporate seal of such Co~d
that seal affixed to the ~t~n.[ns_tru_me_nt_is_su_ch~c,o_rp~a_te seal and that it was affixed by or(~er of the Sqa'~'~ctors
said company, and that~~s~Xu~P.~tE~pAE, tto+y(s)-in-Fact of the said Compar~ by like o(,der. ~.~
Notary F'ubli
~ rt
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal
office at the City of OKLAHOMA CIl~f in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any
and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto
annexed and made a pan of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and
confirms all and whatsoever the said:
JONATHAN PATE, WANDA ESPE, TOM LAHL
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by
the signatures of its Vice President and Secretary/Treasurer, this 14~ day of May, 1998.
STATE OF OKLAHOMA )
)
COUNTY OF OKLAHOMA )
SS:
R. Da~ryl Fish~r~'~ Pr~id~nt
Rodn~an A. Frates, Secretary/Treasurer
On this 14~ day of May 1998, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and
Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly
sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of
the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of
said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of
Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively,
of the Company.
My Commission Expires:
May 9, 2004
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY
CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of
Directors of Granite Re, Inc.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to
appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company
fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring
such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in
any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or
undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
21 st day of May ,20 02
¢ ·
R-odman A. Frates, Secretary/Treasurer
- BOND No. OR/m19740A
CONSTRUCTION PAYMENT BOND
Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Park Construction Company
7900 Beech Street 1~
H~nneapolis, NN 55432
OWNER. (Name and Address):
City of Col, robin Heights
637 - 38th Ave. N.E.
Col~tmhia Heights, NN 55421
CONSTRUCTION CONTRACT
Date: Nay 13, 2002
Amount: $1,092,816.35 One
Description (Name and Location):
SURETY(Nameand Pfincip~ Place of Business):
Granite Re, Inc.
P.O. Box 20683
Oklahoma City, OK 73156
ltillion Ninety Teo Thousand Eight Hundred Sixteen
City Project No. 0202 and 35/100
2002 Street Rehabilitation, Zone 6A
Colnmhia Heights, Hinnesota
BOND
Date (Not earlier than Construction Contract Date): Nay 21, 2002
Amount: $1,092,816.35 One ltillion Ninety T~o Thousand Eight Hundred Sixteen
Modifications to this Bond Form: None and 35/100
CONTRACTOR AS PRINCIPAL
Company: ,(Corp. Se~).
Park Coustructt~ Comp~&~
Signature:
Name and
SURETY
_ (Cgrp. Sea~
Company:
Signature: ~
Name and~- ~o~t~a Pate
~ Atto~ey-in-Fact
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature:
Name and Title:
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
EJCDC No. 1910-28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents
Committee, The Associated General Contractors of America, and the American Institute of Architects, American
Subcontractors Association, and the Associated Specialty Contractors.
Reprinted 10/90
30
Staie of
Oounty of
On this
come(s)
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
day of
, in the year , before me personally
to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument,
and acknowledge(s) to me that __he__ executed the same.
State of
County of
On this
come(s)
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
day of , in the year
, before me personally
a member of the co-partnership of
to me known and known to me to be the person who is described in and executed the foregoing instrument, and
acknowledges to me that he executed the same as for the act and deed of the said co-partnership.
State of
County of
On this
come(s)
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
day of , in the year , before me personally
to me known, who, being duly swom, deposes and says that he resides in the City of
that he is the of the
the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation;
the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors
of said corporation, and that he signed his name thereto by like order.
Notary Public
ACKNOWLEDGMENT OF SURETY
State of Minnesota
County of Dakota
On this 21 st
come(s) Jonathan Pate
day of May
, in the year 2002, before me personally
Attorney(s)-in-Fact of
Granite Re, Inc. with whom I am personally acquainted, and wh~o, being by me duly sworn, says
that he reside(s) in Inver Grove Heights, MN that he is (are) the Attorney(s)-in-Fact of G~ar~ite Re, Inc.
company described in and which executed the within instrument; that he know(s) the corpol[ate seal of such Com~a~d
that seal affixed to t_he_wit~hi_.n in~str_u_.me~nt i_s s_uc_h ?r~or_.ate seal and that it was affixed by orcl~r of the Boar. e~SfDl~ctors of
said company, and~~nP~A~i~~s ~omey(s)-in-Fact of the said Compan~ by like ord
1 ~;~,~w~..-~r Minnesota !' _~_ ...~ ~ v ~ ~.
I ~My Commission Expires Jar 31, 2005 Notary Pubhc
GRANITE RE, INC.
GENERAL POWER OF A'I-rORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal
office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any
and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto
annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and
confirms all and whatsoever the said:
JONATHAN PATE, WANDA ESPE, TOM LAHL
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by
the signatures of its Vice President and Secretary/Treasurer, this 14th day of May, 1998.
STATE OF OKLAHOMA )
)
COUNTY OF OKLAHOMA )
SS:
R. Dar-ryl Fish~r[~i~ Pr~id~n~' --'~
Rodman A. Frates, Secretary/Treasurer
On this 14~ day of May 1998, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and
Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly
sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of
the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of
said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of
Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively,
of the Company.
My Commission Expires:
May 9, 2004
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY
CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the BOard of
Directors of Granite Re, Inc.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to
appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company
fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring
such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in
any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or
undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
21 st day of May ,20 02
~l~man A.~Frates, Secretary/Treasurer
Contractor's Business Name:
Address:
Phone No:
Fax No:
[I
BID FORM
II
PROJECT IDENTIFICATION:
BIDS TO BE OPENED:
2002 STREET REHABILITATION
CITY PROJECT NUMBER 0202
10:00 A.M. - Tuesday, May 7, 2002
This bid is submitted to:
CITY OF COLUMBIA HEIGHTS
637 - 38TM AVENUE NE
COLUMBIA HEIGHTS, MN 55421
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into
an agreement with OWNER in the form included in the Contract Documents to
perform and furnish all Work as specified or indicated in the Contract Documents for
the Contract Price and within thc Contract time indicated in this bid and in
accordance with the other terms and conditions of thc Contract Document.
BIDDER accepts all of the terms and conditions of the Advertisement or Invitation
to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for
sixty (60) days after the day of Bid opening. BIDDER will sign and submit the
Agreement with the Bonds and other documents required by the Bidding
Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF
AWARD.
In submitting this bid, BIDDER represents, as more fully set forth in the Agreement,
that:
10
(a) BIDDER has examined copies of all the Bidding Documents and of
the following Addenda (receipt of all of which is hereby acknowledged):
Date Number
(b) BIDDER has familiarized itself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and laws
and regulations that in any manner may affect cost, progress, performance or
furnishing of Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface
conditions and drawings of physical conditions which are identified in the
Supplementary Conditions as provided in Paragraph 4.02 & 4.03 of the
General Conditions, and accepts the determination set forth in Paragraph S.C.
4.02 & 4.03 of the Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which BIDDER is entitled
to rely.
(d) BIDDER has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests and studies (in addition to or to supplement
those referred to in (c) above) which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance
or furnishing of the work as BIDDER considers necessary for the
performance of furnishing the work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of
the General Conditions; and no additional examinations, investigations,
explorations, tests, reports or similar information or data are or will be
required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar
information or data in respect of said Underground Facilities are or will be
required by BIDDER in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of Paragraph 4.04 of the General Conditions.
11
(f) BIDDER has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and studies with the
terms and conditions of the Contract Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts,
errors, discrePancies that it has discovered in the Contract Documents and the
written resolUtion thereof by ENGINEER is acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; BIDDER has not directly or indirectly induced or solicited any
other BIDDER to submit a false or sham Bid; BIDDER has not solicited or
induced any person, firm or corporation to refrain from bidding; and
BIDDER has not sought by collusion to obtain for itself any advantage over
any other BIDDER or over OWNER.
(i) Any other representation as required by Laws and Regulations.
BIDDER WILL COMPLETE THE WORK FOR
PRICE(S):
(See Attached Pages 13 through 15)
THE FOLLOWING UNIT
Quantities are indicated for the convenience of the Bidder. Final Payment will be
based on actual quantities.
12
BID PROPOSAL FOKM
CITY OF COLUMBIA HEIGHTS
2002 STREET REHABILITATION
CITY PROJECT NUMBER 0202
No. Item Description Unit Quantity
1 Traffic Control L.S. 1 $
2 Mobilization L.S. 1 $
3 Clear and grub tr~e Inch 598 $
4 Remove curb and gutter L.F. 10,518 $
5 Remove concrete alley/apron S.F. 192 $
Unit Price
5 00. oo
tOO
O,gO
0
Amount
$ _gZ 0oo.. od)
$ II qe o.oO
$
$ ' q&,. oo
I 6. Remove concrete driveway/apron S.F. 4,562 $
Remove concrete walk 5,213 $
I 8 Remove concrete step (if needed) S.F. 30 $ [0 ..0 0 $ ,,~ 00, O0
9 Remove bituminous pavement S.Y. 16,918 $ ~.o4 $ 1 7$qq, 'Tz.
- 10 Remove x-depth pavement S.Y. 232 $
I 11 Remove bituminous driveway S.Y. 1 i 7 $ ~ I x OO $ I a '~ 7- O O
12 Remove water main L.F. 3,991 $ ~, o O $ -g c~ct / .. OlD
13 Remove hydrant lead L.F. 55
14 Remove hydrant Ea. 1 $ /(mD, tOO $ [690. O0
15 Remove gate valve and box Ea. 14 $ ~O. OO $ 61
16 Remove sewer pipe L.F. 824 $
17 RemoveMH Ea. 5 $ 300 ,lDO $ ~ ~ t~t~ ¢:DO
18 RemoveCB Ea. 16 $ -~--0-.-~-0 $ ~OOO, O0
19 Remove MH outside drop Ea. 1
I 20 Remove Mit or CB rings (per structure) Ea. 4
21 Abandon storm sewerpipe L.S. 1
22 Sawcut concrete L.F. 1,069
I 23 Sawcut bituminOus L.F. 2,144
24 Mill bituminous pavement S.Y. 465
25 Salvage hydrant Ea, 6
I 26 Salvage MH or CB casting Ea. 4
27 Salvage retaining wall block L.F. 34
28 Temporary water service - 7th St L.S. 1
i 29 L.S. 1
Temporary water service - Washington St
30 Temporary water service - Madison St L.S.. 1
31 Temporary water service - Monroe St L.S. 1
32 16" DIP water main L.F. 646
33 8" DIP water main L.F. 3,345
i 34 6" DIP water main or hydrant lead L.F. 59
35 16" Gate valve and box Ea. 1
36 10" Gate valve and box Ea. 1
37 8" Gate valve and box Ea. 16
38 6" Gate valve and box (inc. hydrant valve) Ea. 8
39 Cut-in 16" gate valve and box Ea. 2
40 Cut-in 6" gate valve and box Ea. 1
41 Hydrant Ea. 6
i 13
I '". ~:,'" No."~~ Unit Qu~tity Unit Ptice Amount
' "~" 42 ~'iWater main fittings ~. 2,600 $
I .' ."i :" ;43 ~i;!C°rporati°n Ea. 140 $
' ';'i'?..~ii ~ 4~.;i~i,~TypeKcopperpipe L.F. 1,832
:¥ !f'i"~? 4~' :!.}~6finect service Ea. 139 $
."' ,. :...":-'-' 47 4:l,~b stop Ea. 65 $
..,': ~ ': 48}~i~ate c~b box ~d stop Ea. 6 $
I . i. ' a0'~;~'g,, pVc s~i~ ~ewer L.F~ 69 $ I
:- 5O~8,iS~taw~T~eB~casting Ea. 1 $ ~ $ q~OO.O0
· . , 3~.3.~, :~, ·
' .' 51;:::;Recom~ct~ou~de~op Ea. 1 $
' 52 ;.2g~emal ~ chimey seal ~ lid Ea. 4 $
. 53"f6, PVC s~i~ sewer ~e Ea. 4 $ ~0o, O0 $
,~ 54':/[6"PVC s~i~ sewer fiseffse~ice L.F. 20 $
'~. 55 ~:ReCo~ect s~it~ sew~ se~ice ~ 4 $
.~ 56 ~¢ Smt~ sewer se~ice ~sition . 200 $
*" ':422 Cp-cl sm LF. 326
58:36 RCP-CI~sm L.F. 345 $
59 24" RCP - Class ~ L.F. 150 $
I 60 18" RCP- Cl~s m L.F. 16 $
61 .15" RCP - Class ~ L.F. 112 $
I
!
I
i
I
!
!
I
I
62 12" RCP - Class m L.F. 209 $
63 4" Perforated drain pipe L.F. 143 $
64 Temporary drain pipe installation L.F. 360 $ Iht ~ oo $ 5'oq/O, oo
65 72" MH Type D with casting Ea. 2 $ ~'300,o~ $ ](a~,l~OO, OCa
66 60" MH Type C with casting Ea. 5 $
67 60"MHTypeC1 with casting Ea. 1 $
68 48" MH Type B with casting Ea. 5 $ o~OO~, OO $ !~ OOO. OO
69 48" MH Type B1 with casting Ea. 1 $
70 48" CB Type Y with casting Ea. 6 $
71 2' x 3' CB Type X with casting Ea. 11 $
72 ModifyMH, Wash&44th L.S. 1 $ ~o00,00 $ $oo0, O0
73 Install MH or CB tings (per structure) Ea. 4 $ 17 O, tO O $ ~ ~ O. O O
74 Construct MH or CB invert Ea. 5 $ I '~ O, O0 $ (p ~0, 0 0
75 Reinstall salvaged MH or CB casting Ea. 4 $ t
76 2" Insulation board S.Y. 284 $
77 Subgrade excavation C.Y. 6,647 $ - ~', O t3 $ ~ :3 ~ 3~, o 43'
78 Granular borrow (CV) C.Y. 6,647 $ ~',
79 Common excavation C.Y. 4,493 $
80 Aggregate pipe bedding C.Y. 240 $ ,~'7, O O $ ~ o' ~'O., OO
81 Aggregate base class 5 or class 7 (CV) C.Y. 3,681 $
82 Bituminous wear course Ton 1,382 $
83 Bituminous binder course Ton 2,290 $
84 Bituminous base course Ton 97 $
85 Patch bituminous driveway S.Y. 131 $ ~, O O $ ~ ~ "7~, OC~
86 Sawed/sealed joint L.F. 4,776 $
14
)ti°n
.87 :!:!Tackct~at ',~:L/;~ ::
88 7'e~n~"et~?~b ~d
'~ ~1' ¢~°h~te~i~ ~(· / -
: 92 *~ncrete 'step (ff needed)
' 95 .:-"~tch b~m protee~on
~ ;~1 ~d mil
98' S~ ~ topsoil
TOT~ BID PRO. CT 0202
Total Bid Project 0202 W
Unit
Gal.
$.Fo
$.Fo
S.F.
Quanti _ty Unit Price
980 $ I, ~
10,467 $ '7, o o
192 $ t4 , It.:>
7,473 $ 3,~t5
6,964 $ $I,q o
Amount
$ /.! "'/~.oo
$ 72'7, '~0
S.F. 30 $ 35, oO
L.F. 34 $ 20, ~O
Ea. 14 $ l'7, oO
Ea. 200 $ ~, ~ O
L.F. 2,000 $ [, "t,5"
L.F. 142 $ IS. oo
S.Y. 7,020 $ 3, 70
$ I10q2
ALTERNATE 1 - RESIDENTIAL CONSTRUCTION
With'this alternate, Columbia Heights residents located adjacent to the construction project may purchase
driveway or sidewalk construction services at their request at the City bid prices listed below. These
purchases are to be a direct agreement between the resident and contractor. The residents will be entitled
to the same service, quality and price as guaranteed in the City bid.
Unit Price Amount ·
3, oo $
~1,oo $ .~'/o.
No.
Item DescriPtion Unit Quantity
1 Remove bituminous driveway S.Y. 10 $
2 Remove concrete driveway S.F. 10 $
· 3 Remove concrete sidewalk S.F. 10 $
4 Remove concrete step S.F. 10 $
5 Aggregate base class 5 or class 7 (CV) C.Y. 100 $
6 Bituminous driveway S.Y. 10 $
7 Concrete driveway S.F. 10 $
8 Concrete sidewalk S.F. 10 $
9 Concrete step S.F. 10 $
TOTAL BID ALTERNATE 1
Total Bid Alternate 1 Written in Words
15'
q
BIDDER agrees that the Work will be completed as follows:
CITY PROJECT NO. 0202
·
·
·
·
·
STREET RECONSTRUCTION
PARTIAL RECONSTRUCTION
WATER MAIN
STORM SEWER
SANITARY SEWER
Final inspection by September 27, 2002 in accordance with Paragraph 14.06 of the
General Conditions.
o
o
o
BIDDER accepts the provisions of the Agreement as to liquidated damages in the
event of failure to complete the work on time.
The following documents are attached to and made a condition of the BID.
(a) A tabulation of Subcontractors, Suppliers, and other persons and
organizations required to be identified in this Bid.
Co)
The contractor will complete the Work sequence in accordance with Division
1, Section 4, General Requirements.
(c) Affidavit of Non-Collusion.
Communications concerning this BID shall be addressed to the address of BIDDER
indicated below.
The terms used in this BID, which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents, have the
meanings assigned to them in the General Conditions.
SUBMITTED ON:
16
If BIDDER is:
AN INDIVIDUAL
By
(Individual's Name)
Doing Business As
Address
(S AL)
Telephone No
A PARTNERSHIP
By.
(Firm Name)
(S AL)
(General Partner)
Business Address
Telephone No.
(Continued on next page.)
17
A CORPORATION
(Corporation Name)
(SEAI )
By
. (State of In~rporation)
(Name of Person Authorized to Sign) 1~ ~ c.~
p,r-ex: i
(Title)
ATTEST
A JOINT VENTURE
By
(Name)
(Address)
By
(Name)
(Address)
Each joint venturer must sign. The manner of signing for each individual,
.partnership and corporation that is a party to the joint venture should be in the
manner indicated above.
18
COUNTY OF t~ffr~.
AFFIDAVIT OF NON-COLLUSION:
(1) That I am the BIDDER (if the bidder is an individual), a partner in the
- BIDDER (if the bidder is a partnership) of an officer or employee of the
BIDDER corporation having authority to sign on its behalf (if the BIDDER
'~ is a corporation; . '
(2) That the attached bid or bids have been arrived at by the BIDDER
individually and have been submitted without collusion with, and without any
~ agreement, understanding or planned common course of action with any
· vendor of materials, supPlies, equipment or services described in the
' .,invitation to bid designed to limit individual bidding or competition;
(3) That the contents of the bid or bids have not been communicated by the
BIDDER, or its employees or agents, to any person not any employee or
agent of the BIDDER, or its surety, on any bond furnished with the bid or
bids, and will not be communicated to any person, prior to any official
opening of the bids, or bids; and;
(4) That I have fully informed myself regarding the accuracy of thc statements
made in this affidavit.
~k-~c__a_ ~ C__a_r-l~ BIDDER ~'v-e~t
FIRM MAKING BIDS
Subscribed and sworn to before me
this '~ dayof ~'}/~ ,2002.
' ~ NAME.
- OFFICIAL TITLE
19 I~ ~
_______/ CERTIFICATE. OF COMPLIANCE
T~ Park Construction Company
Hu~n R~h6, S~ ~Min~~, ~ ~~ an ~~~ve ~np&n a~r~d bA t&
January 25, 2002
Commissioner. This certification shall extend for two years betjinni~
and is subject to revocation or suspension by the Commissioner ~Human R~Ihts for
failure to make a_qood faith Gort to implement the affirmative action plan.
Commissioner of Human Rights
EVIDENCE OF AUTHORITY TO SIGN
MINUTES OF THE MEETING
OF THE BOARD OF DIRECTORS OF
PARK CONSTRUCTION COMPANY
MARCH 23, 2002
A meeting of the Board of Directors of Park Construction Company was duly called and
held in the Board Room at the offices of Park Construction Company in Fddley, Minnesota,
commencing at 8:00 a.m. on March 23, 2002. Richard N. Carlson, Duane E. Prairie, Bruce R.
Cadson, Jeffrey R. Carlson, Jim Szurek were present. Bruce Carlson, President presided. John
Hedquist, Treasurer & CFO attended the meeting to present financial information to the Board.
'- The first order of business was the approval of the Minutes of the Board Meeting of
December 1, 2001. ·
The next order of business was the election of officers as follows:
Richard N. Carlson -
Bruce R. Carlson -
Jeffrey R. Carlson -
Verlyn D. $choep -
John M. Hedquist
Phillip J. Casanova -
Chairman
President
Vice President
Vice President- Estimating
Vice PresidentJTreas urer/Secretary/CFO
Assistant Secretary
The next order of business was the review of the financial statements as of February 28,
2002 including statement of earnings, balance sheet, net earnings;~ cash flows, and analysis of
balance sheet.
The next order of business was the review of work on hand, including contracts in
progress, completed contracts, gross profit adjustments and backlog.
The next order of business was a review of the bank loan covenant compliance.
The next order of business was a review of Company personnel including the
organizational chart and list of salaried personnel.
City of Columbia Heights
2002 Street Rehabilitation, Zone 6A
Subcontract/Supplier List for Park Construction Company
Work/Material Description
Sub.ISupplier Name
Contract Amount
Subcontractors
Bituminous Reclamation
Clearing and Grubbing
Landscaping
Joint Saw/Seal
Concrete Items
Asphalt
Trucking
Traffic Control '
Barrier Wall
Suppliers
Computer
Aggregates
Castings
Concrete Suppliers
DIP, PVC, Valves, Hydrants, and Fittings
MidState Reclamation and Trucking
Treetop Service, Inc.
Central Landscaping
Bergman Companies, Inc.
Knife Lake Concrete
Asphalt Contractors, Inc.
Shaw Trucking Inc., DBE
United Rentals
H & R Construction Company
Subcontract Total
Dell Online Store
Park Construction Company
Neenah Foundry
County Concrete
Minnesota Pipe and Equipment
$6,936.38
$11,960.00
$18,236.00
$5,970.00
$116,157.00
$125,947.12
$5,800.00
$2,201.00
'$293,207.50
'.Certificate 'of :,ins urance" ,.ua
....... '. 6-12-02
-Producer,
~ Willis of Minnesota
4000 Otson Memorial Hwy, Suite 300
Minneapolis, MN 55422
Contact: Kathy Warner/Corn/Orris.
Tel: 763-302-7100 Fax: 763-302-720{3
Insured:
PARK CONSTRUCTION COMPANY
7900 Beech Street NE
Minneapolls, MN 55432-1795
763-?86-9800; tel 763-786-2952; fax
Park's Job # 02-09
THIS CERTIFICATE IS ~$SUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGe, AFFORDED BY THE POLICIES BFLOW.
Company Latter
Company LaEer
Company Letter
Company Letter
Company Letter
COMPANIES AFFORDING COVERAGE
Zurich American Insurance Company
26247-001 (MINN)
American Guarantee and Liability Insurance Company
Coverages " . .
THIS IS TO CERTIFY THAT THE POLICIES OF 1NSUR.."~ICE LISTED BELOW HAVE BEEN tSb'UEO TO TH~ INSURED NAMED ABOVE, FOR THE POI,ICY PERIOD INOIC^TEO, NOT~'r,~NOING
REQUIREMEHT, TERM OR CONOmON OF ANY CONTRACT OR OTHER DOCUMENT V~H RESPEC~T TO WHICH THIS CERTIFICATE MAY BE, I~UEO OR kI. AY PEI:~AIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI, TERMS, EXCLUSIONS AND CONDITION5 OF SUCH POLICIES, LIMIT5 SHOV~N MAY HAV~ BEEN REDUCED BY
CLNMS.
Type of Insurance
General Liability
policy polioy
Policy Number Effective Expiration Umits
Data Date
r;a Commercial General Uability
[] Claims Made [] OCcur,
El Owner's & Contractor's Prot
GLO3504336-00 4-1-02 4-1-03
Automobile Liability
rm Any Auto
r~ All Owned Autos
[] Scheduled Autos
~ Hired Autos
[~ Non-Owned Autos
[] Garage Liability
BAP350,4337-00 4-1-02. 4-1-03
Excess Liability
[] Umbrella Form
[] Other than Umbrella Form
Workem' Compensation
Employers' Liability
The Proprietor/
Partnem/E. xecutive ~lncl.
Officers Are: [3Exci
General Aggregate $ 2,000,000
,p Gpa A;g. $ 2,000,000
& Adv. Injury 1,000,000
$ 1,000
Other Equipment Floater
Contractor's Equipment
Damage(any One Fire)
(/~y one
Single Limit
ury (Per Person)
(Per Accident)
Damage
OccurTence
AUC9278011-00 4-1-02 4-1-03 ale
Statutory Lira
WC3594334-00 4-1-02 4-1-03 lent
WC3504335-00 4-1-02 4-1-03 Disease - Policy Limit
IM3548275 4.1-02 4-1-03
$ 300,000
1,000,000
$
10,000,0
10,000,000
1,000,000
1,000,000
Disease- Each Employee 1,000,000
$2,500,000 Limit Equipment
$10,000 Deductible for items valued over $20,000
$2,500 D~ductlble for items valued under $20,000
2002 STREET REHABILITATION ZONE SA CITY PROJECT NO. 0202, COLUMBIA HEIGHTS, MN It is hereby agreed that the certilicate holder Is Included
as Additional Insured under the General Uability policy as respects wo~ performed by the named Insured.
CERTIFICATE HOLDER
City of Columbia Heights
637 38th Av NE
Columbia Heights, MN 55421-3835
CANCELLATION '"
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAll. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, iTS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACOKD 25-$ ("//~0) part(DO.dot