HomeMy WebLinkAboutContract 1735 EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the CITY
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:
LINING 649 L.F. OF 10" VCP SANITARY SEWER ON 43m> AVENUE
(CENTRAL AVE. TO JACKSON ST.)~
LINING 332 L.F. OF 12" RCP SANITARY SEWER ON 43I~ AVENUE
(QUINCY ST. TO MONROE ST.)~
LINING 333 L.F. OF 12" RCP SANITARY SEWER ON 44TM AVENUE
(WASHINGTON ST. TO 7TM ST.)~
LINING 664 L.F. OF 15" RCP SANITARY SEWER ON 44TM AVENUE
(7TM ST. TO 5TM ST.) AND
LINING 639 L.F. OF 15" RCP SANITARY SEWER ON 5TM STREET
(44TM AVE. TO 45TM AVE.)
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:
2003 SANITARY SEWER LINING (AMENDED):
CITY PROJECT NO. 0309
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.
17
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
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
The Work will be substantially completed on or before May 31, 2004, and
completed and ready for £mal payment in accordance with paragraph 14.07 of the
General Conditions.
4.03 Liquidated Damages
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 with 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, refuse, 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 paragraph 9.08 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.03 of the General Conditions.
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ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
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
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:
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:
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 of the 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
bo
95% of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).
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.
6.03 Final Payment
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.
19
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:
ho
CONTRACTOR has examined and carefully studied the Contract Documents and
the other related data identified in the Bidding Documents.
Bo
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.
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.
Do
CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings 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.
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.
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.
CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
Ho
CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained t~om 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.
20
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.
The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 9
9.01
CONTRACT DOCUMENTS
Contents
A. The Contract Documents consist of the following:
2.
3.
4.
5.
6.
7.
8.
9.
10.
This Agreement (pages __ to __
Performance Bond (pages
Payment Bond (pages to __
Other Bonds (pages __ to __
General Conditions (pages __
Supplementary Conditions (pages __
inclusive);
to __ inclusive);
inclusive);
inclusive);
to __., inclusive);
to __, inclusive);
Specifications as listed in the table of contents of the Project Manual;
Drawings consisting of 2 record drawing plan sheets.
Addenda (numbers __ to __, inclusive);
Exhibits to this Agreement (enumerated as follows):
Notice to Proceed (pages __ to __., inclusive);
CONTRACTOR's Bid (pages __ to __., inclusive);
Documentation submitted by CONTRACTOR prior to Notice of
Award (pages to __, inclusive);
;
11. The following which may be delivered or issued on or after the Effective Date
of the Agreement and are not attached hereto:
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.
21
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
Terms used in this Agreement will have the meanings indicated in the General
Conditions.
10.02 Assignment of Contract
No assignment by a party hereto of 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
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
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.
10.04 Severability
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, who 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.
10.05 Other Provisions (if applicable).
22
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~. /~ ,2003 (which is the Effective Date of
the Agreement).
CONTRACTOR:
[CORPORATE SEAL [[ERE]
Attest~~~t~~
Address for giving n'6tic6~:
Attest ~ ~ /x~)~
Address for giving notices:
(If OWNER is a corporation, attach evidence
of authority 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).
License No.
(Where applicable)
Agent for service of process:
Designated Represent/a~ve:
Name:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority
to sign.)
Designated Representative:
Title:
Address: V~,.O3o fl ~ oO,_.~5
Phone:
taO- [.,, "l.5 - 3
Facsimile: c~-& q~ - ,~. 5 ~
23
I. T):.; Con:factor and, thc Surety, jnlntlly ard s~cly, b~ds thcm~clv:s,
heirs, executor, =~m;n~:ors, successors ~n~ ~si~s ~o ~e O~er ~or thc
p~[o~ancc o~ th~ ConsLrucdon Con.ct. wh~:h Is inca~o~tcd hmc~n b7
~C~CT~CC.
2. ~ ~h~ Ccn~c~o~ ~effor~ (he Conduction Contact, ~c S~ and thc
Con~c~cr sh~ll h~ve no o~li~sfion under (h~s Bend, c~ccp( ~o ps~ci~c
~cr:
descri~ in F~ragr~ph ~0 below, that ~he Own~ is cons~dcH~ dcc~ng
~ Co~ctor Dc~u~t ~nd ~ ~ques~cd .n~ enemp~cd to ~l'r~ll~c
confute ~h ~hc C~n~r~ctar ~nd ~hc Surc~ m ~e h~ld nm ls~cr th~n
~D~n days ~r ~c:{pt of such not[cc to discuss mc~h~s ofpc~orm[n~
%%e Consvuc~[oa Contact. [f ~he O~c~, ~he Con~ctor ~nd thc SurcU
ConsLruc(on Contract, bLi: such ~n ~eement s~lt not waive
O~'s fight, ffan~, subscqucnd~ .o declare n Conic:or Dc~ult;
3.2 ~e O~er h~ decbred ~ Con~ctor Def~uI~ and fo~lly t~in~tcd
th~ C~e~:~r's ~ht ~ :n~l~tc thc :on~:L ~u:h Con~cmr
shall not bc declare4 eamt~er than ~cn~ d3~ gfl~ t),e Cont~ctor mad thc
Surety have ~cc[ved no,ce ~ pay(dod in Subp~rs~ph 3.1; ~nd
Surety [11 acc~d~ncc w~[h ~c [c~ ur thc Cuns~cfion Con~sc~
accor~cc ~[ thc m~s oFthc con.sc: ~t~ (hc
4. ~C~ the O~r bas s~fis~ed ~he conditions o~ ?~r~ph 3. ibc Surc~ shall
prompdy 3nd ~t thc Surcty's expense ~k~ one of thc fol[o~ng ac:ions:
4.1 Arrao~c for tl)¢ Co~rg¢~ol', w~th ¢oose~xc of ~he O~, lu perfo~
complete (he Cons~ction Contact: or
¢.2 tJndc~kc t~ pmf~ mad completc thc Cons~cdon Con,race
tl~raugh ils ,gen~ or through indepeiidetl: contrccto~: ct
4.3 Obta(n bid~ or ncgcti[[c~ propcauts for qua)ific~ con,actors acccp~blc
to thc O~ncr foe ~ contrgct for ~:r~orl~ai~ce ~nd compl~t{on of thc
Const~ct(on Con[~cL n~n~c ~or [ con~[c~ to ~c prepared for
cxc:ution by thc O~cr ~d thc co, tractor selected with the O~cr's
concun'ence, to ~c second ~hh p~rfo~anc~ ~nd Fs)~cnt bonds
~ccutcd by s Ruslific4 surc~ equiv,:cat to th: bonds ~ssued on the
Constitution Con',~ct, and pay to die O~er tko amount e~d=~g:~
~csc~b~ in P=~a~h 6 in excess or'th: B~lancc of thc Coho'act Price
[n~uP'ed ~y ~h~ Owner resulti~ ~rom ~he Commctor's ~cf~uh: ar
4,4 Wuivc )~ ~ht t~ ~cTfo~ ~nd commie(e, s~sn~c l~r ~onl~lefio~, or
obtain a new con,molar =nd ~hh i'~son~ble pro~tncss under thc
1. A[~cr invc&ti~z[ion, dc[cm~it:c tl~c :mo[m~ for ~luch it may be
[(~ble ~o ~ O~cr =nd, ~ wan ~ practicable s~:r thc amount
gcmm~(ncd, tondcr p~ymen: l~e~Fore to the O~ or
2, Deny )i:~iHty in ,~ho[e or in p=rt ~nd notify [h~ O~cr, or
5. It thc 5ur~y dots not pmcccd as prov~dcd in Par:graph 4 wikh re~onablc
promp,ncss, l[~¢ SoleLy ~hall bc dccmcC tubc in dc~uh ~n th~s Bond fi~ccn days
a~cr receipt of an aJ~itiunul and ~T~[Lcn not(cc ~ro~ thc Owner to ~he $dre~
dcm~i~ that ibc S~rc~ p~/m'm iu oblisa:io~ und~ this ~ond, ~nd ~c O~cT
~hall bc ~dttcd to mforcc nay ~mcdy ~vailablc to thc O~cr. If the
proc::~ s; provided in SubpnrJgraph 44, and ~le Owlt~ refuSeS the pa~cn{
tended'ed or thc Su~ty had d~isd li~bdity, in wholc or in gan, ~thoU: fu~hcr
~nticc thc O~er snail ~ cn tided :o cnt~r:: :ny ~mcdy ~v~:l:~le m the O~er.
G. ADer ~he O~er h~s la'~in~led the Cont~c~cr's ~gh~ tu compLctc thc
Ccnst~ct(on ~nn~c[, ~nd (f thc gu~ elects m act under Subparagraph 4
4.2, or 4 3 :hove, then l]~e respensibil~fic~ of [he Surety to thc O~cr shall no~
bc &~u(~r ~hur. those o~ thc Owrcr unCcr thc Cons~c~io~ Coast:ct, :nd rite
responsibilities o[ ~h¢ Owner co ',he Su,:~7 shal: not be ~:a~cr than thos~
thc Ox~cr under thc Ccn~Jc:fon Con.ct. To thc lira(: o[ ibc omni,it
Ron~, but subject cc co~miUcd by ~hc 0~ o[ ~e Oalanc~ or thc Con~ct
P6ce ~o miti~t(on ~ c~s an~ da~&cs on the Cons~cti~ CO~l~C:, thc
Surc~ ~S ohliB~tcd w[fllOUt dopl[ca6on for:
~c ~'7onslbilitics ortho Con~ctor for ce~c:ion for ~cfc~ive work
and cotillion of the Construction Contract.
6.2 Add~tinn~[ itel, des(~ prot~s~iona! ~nd dcby cos~ rcs~I:iilg f~'o~ the
6.3 L(quidst~d d~magcs, or ff no hqui~tcd damages are sp~c~e~ ~n the
Construction Con:race, actual dam~gc.~ :~cd by dcT~ycd pcrt~sncc
or non-pcffo~ance of ~hc
10.
The Surety shal~ not be liable to thc Ow'ncr or others For obligations of the
Contractor Ll~t "to unrelated to the Cons~rucrlon Contract, and thc Balance of
the Contract pH, ce shall not bc rcduced or scl off on account of any suet:
unrcb, tccL o~i($atlons. No riE, hl of action ah,q) accrue on thi] Bond lo any
p~son or e~tity oth~ th~n th, e Ownc'r or i~ hors, c~ccutors, ndmini~tr,,tor.% or
Thc Surety hereby w~[ves notice orany change, (ncluditt8 changes of time, to
the Con~'uction Co~ntr~ct or :o rc[atc~t subcontracts, purche, s,- ordcrq and
obllgz:ions
Any proceed, lng, Icg,q or ~ui~ble, under this )Bond may bc instituted in an),
court of competent jurisdiction in thc location in which fl',e work or part or thc
v..urk is located and sh~ll bc ir~stitutcd with. in two years al'tar Contractor
, Defzult or within ~vo years nfl. cT thc Contractor cc~scd working or wilh[n
y~rs ~ftcr the Suf'-?y r~fuscs or biLs to perform its oblig,~tions und, cr
Bond, whichever occurs Erst. I£ the pm,,'islons cfi this Paragraph arc void or
prohibltcd by law. thc minimum per[od of limitation avail,,ble to sureties :~ a
defense in thc jurisdiction ef~.c suit sh,,ll bc applicabt,-.
Notice to thc Sur:ty, thc Owner or thc Conrr',ctor shall be mailed er
to thc address shown on ~ si~ararc page.
When ~hks IBon4 ha-c bccn furnished to comply wilh n s~,m:ory or other
rcquircrncnt itt the location ,.vhcnt Ihe construction was to bc p:rfornled, any
provi~'ion i~ this Bend contllctln.c~ with saicl $t.:tutory or logo[ requirement
S~a11 be deemed deleted he. re ['mm and provisions conforming m such
s:,'~tory or other lc&al requ~r=ment shall b= deemed incorporated botch1. Tl. te
intent is that ellis Bond shah 'nc consb'ued ~ a ~t:,tutury bun,l and nut as
common law bond.
12, Dc.~nifio~s:
t2.1 B~.lallCe ortho Contract Price: Thc to'-',l ~muump,,y~bl,~ by ~he Owner
~0 the Con~r. ctor unclc~ thc Consrmc~on Contract ~ftcr ;11 proper
sdju$'mncnts h~vc boca made, including allowance to the Contractor or.
any amountS rccc~vcd cr :o be rccclvcd by thc Owner in sc~tlcmcnt of
· insurance or other claim .~ for cl:[rr~$es ~o which d~a Contractor is
entitled, re~uce'l by all valid and p~pcr i:oymcnu m~dc to or on hchalr
o£ ~hc Con~'sc:or under ;he Cnnmscfion Contract,
1,2.2 Construction Con~rac~: ~te a~re~ment between thc Owner ~nd the
Contractor identfl~cci on thc signature p~gc, including all ConCract
OocurncnLs a;Id ChaliCes
12.) Contractor De{au[u ~ailure of th~ Contractor, which ~ neiLAcr bccn
rtrn,'dlcd nor wsivcrl, ro pcrforrn or other, vise :o comply wit ~hc terms of
the Construction ContracL
k2.40vmcr Der'suit: Failure oft'nc Owner, w~ich It.ts nckher bccn
nor waived, to pay Lhe Contr, tctor ,s required by the Construction
Coal,ruer or :o pcrf'orrn and cornplctc or comply w[t)l thc other tcrms
:her,eaR
(FOR INFORMATION ONLY.Name, Address, and Telephone)
AGENT or BROKER;
OWNERS R. EPRESENTATIVE(Architect, Engineer, or othcr parry):
I. T'hi~. Con~zactor and d~¢ Surety, .jointly ~nd serially, b{n~ t~c~clvcs, ~cir
h~[m, executo~, sdmin~s~stors, suc=~sors ~d ~si~s m th~ 0,~
p~y ~ lunar, matcr[=~ ~n~ cq~pn~cn~ ~um{shc~ Ear ~c in thc
p~o~ncc or ~.c Co~cfion Con.ct. which is inco~ora~ed herein
~y reference.
2. W~ r~pcct to ~c O~er, ~h~s ob:ig:~[o~ sh:ll be null nn~ voi~ ff thc
Con~ciOr:
2.1 Promptly msk~ p~nt, ~recfly or ~ndireccly, ~or ~1', su~
Cl~m~,
22 D~m~, ind~i~es ~n~ holds ha~lcss ~hc O~ [rom
demands, Ii~ or su{~ by ~ny pc~o~ or cnfi~ wh~e claim, de.nd,
lien or ~u{c is for p~mt For [3~or, ma:cvials ur cqu{pmcn~
~or ~e in the performance u~the Cons~eiiun C~cl, provided
0~ ~ pro~tly notified t~e Cont~ctor end ~he Sure~ (3c the
addre~ described in Fa~aph 12) or any cl~[~, de~ds, liens or
su,ts mad tendered d:Fense of such claims, demands, licks, or soils
the Contrgter ~d the Sure~, 3nd p~v(dcd ~here (s no O~er
Default.
3. With respect to Claimam~s, i~(s obligation sh~ll be null on4 void i~
Contmcto~ promptly ~kes pa~enk, directly or ind(rc~Iy, for ~ll
4,1 Clo{~gn~ who are employed by or have ~ direct cont~cl with the
Com~ct have 8[vcn notice to {he Sur:~ (ac the add.ss d~qcfihed in
P~r~p~ 12) end sent: copy, or nolice IhereoC to the Owner
~tating th~t a claim is bei,~g made unCer this ~ond and, ~th
subs~ntiul uccu~cy, t~e Imouni ~ ~c
Claim~n~ w~o do now have ~ di~c~ turtLe, ct with the Cuntv~gLur:
I. H~ve furnished ~ilten ncciee to ~he Conic:or and s~nt
cnpy. or noUcc th~oL m the O~ter. within 90 dayl
hlvin~ last perforated labor or l~t fJ~ishcd m~cfi~l~
equipmem included in the claim stating, x~th
=c:uracy, thc ~mount or the :la~m ~nd t~e ~me of the pa~y to
whom ~e materials wcrc ~.~shcd or suppl~cd or for whom
thc labor ~ dune or pefforntedl
2. Ilave either rcccivcd a rcjrctinn in whole nr in p:rt From
Con~ctor, or not received ~ithin 30 days oF fumishin8
above notice any communieaden ~rom thc Contractor by
which thc Contractor hM indica~e~ the clgim will be
dirtily er ind~rc~ly; and
Nol h~ving been p~id w~thin :he usnr: 30 days, h~vc sent
~[::¢n police m thc Surety {at thc address dc~cribe~
Para.apb 12) und sent ~ copy, or notice therefore, m the
Owner, smtlng that a claim is being ~dc under this Bond
en~losmg ~ cop)' oF file previous ~iten notice Fumish~ng to
ibc Co~tractor.
S. ff · notice mqu~md by P~ra~t~ph 4 is ~ive,~ by the Ox~er :o the Contractor
ar to the Surc~, ~t (s su~icient co~l~ance,
6. ~en the Cla[mln~ h~ l~tis~ed t~c col~d~(on$ of P~ra~ph 4. th= Surety
sl~ll promptly ~nd a~ the Surety'~ expose take :he follo,~in8
6.1 Send ~ answer to Qc CIx(nnxnL wi~ ~ e~py ~he O~, ~thin ~5
d&ys s~er receipt o~ the claim, st~tin~ ~he ~mcunt~ lhl~ lrc
disputed.
62 Pay or a~ng: far paten: Far ~v,y undisputed amounts.
7. ~c Surety's ~o~al ob]m~tlon sh~ll not ~cced thc smounr o~ c~(s Bond. grid
the 3moun~ of this ~ond shm[~ be credited fur ~ny pa~nls made in scad
fi~th by ~he Su~ty.
8. A~oun~ o~cd by the O~cr 1o the Contractor LlRder t~,c
Contact sha[[ be used [cr thc pcrl~ancc e~ thc Contraction Contract
an~ :o s~:isfy cl~{mx, iY gay. u~der any Construction Peffo~ancc Bond
By the Contractor f,u'nishing sad ~hc O~cr scc~t[ng this Bond they
that ~11 fund~ esmefi by the Contractor in Ilie pe~o~ncc of thc
Cons~ction Contract are ~edicat:d to satist~ oblisations or the Contractor
and th: Sum~ und=r this ~und. subj=ct :o the O~er's priod~ =o us= thc
O, ~e Surety sholl no~ b~ I~ab[¢ to the O~ner, Claiman~ or others for
~e Owner ~hxil nntbe liable for payment o~ny co~ ur expenses
Clairr;nt under this Bond, and shall hmve undrr this Bond no
to n~ke paymen.a to, gi,,e notices on bcltalf of, or oth~se
obli~fions ~ Clai~nu und~ this ~ond,
I O. ~¢ Surety h~¢by w~ives notice of any cban~c, including change~ of ~mc
to ~c Cons~cti~ C~aci or to related subccn~3c~, pu~c orders
and oth~
] t. No so{: or a :-~on sh311 b: commenced by · Claimer und~ this 8and
than in u court ~ compe:~tt j~n~dicLion in ~c :~ion in wh~clt the work
or pan of work is l~a:cd of ~fl~ thc ~pi~cion of one year ~m ~c ~tc
(1) on whi~ the Claimant gave the notice rcquircg by Subparagraph 4 1
~r Clau~c 4.2 (ii1). or (2) ~ which the last labor or se~ice w~ p~o~ed
under the Co~lruction Co~t~cL whichever of (t) or C2) ~t occurs.
Iht provisions of th;s pam~ph ~ vo(d or prohibieed by m~w, the
minimum peflod of limital[o~ availablc to sure:i~ ~ · dffcnsc in ~e
jufisd~c6on et' thc sui~ shsll bc ~ppt(c~ble.
]2: ~otice ~o lhe Su~. ~he O~er or tile Con~ctor sh~ll bc mailed or
dclivere~ :o the address sho~ on the si~atu~ page. Actual ~ccipt
notice by Su~y. lhe Owner er thc Con~or, however accomplished,
shall be su~cimc co~lisnce ns ortho date ~cc[ved at ~he add.ss sho~
on ~he signature page,
13. When ~ bond ~s ~ccn fum~ked ~o comply ~h a sm~m~ or other
1c6~1 requircmci~t iff thc Ioc~tian whcrc thc cons~cfion was ~ be
p~r~cd, gay pr~vis[on in tim Belial co~ic~ing ~th sari s~m~o~ or
lcg:l rcRmrcmcnt ~hlll ~c d~mcd deleted here from and
centering to such sfin~tqry o: otl~cr 1c~1 requ{remcnu sha$l be deemed
interpreted herein, lb= ~nt~t i~ t~t this Bond sl~3[l be coasted
14. Upon ~que~ts by any pecan or en:i~ a~peann8 m be m potential
bcn:ficia~ of this Bond, t~: Contractor shull promptly ~um[Sll ~ copy of
this Bond or s~{[ pc~t a coFy ~o be ~dc.
15. DEFINFrlONS:
154 Claim~nt: An ~nd(vidunl or cnfi~ h~ving a divot contract with
Con~ctor ar ~th u subcontractor oF tile Co(lLrac~or ~
l:bar, m~t~Is or cqu(pmcm for usc in th~ p~fo~lce of thc
Contact. Thc intent or this Bon~ shall bc lo i~cludc w~chou~
1Fm~t(on in thc tcm~, "l~bor, ms~oHa~s or equipment" tha~ part
wa~cr, ~, power, li)h~, heal oil, ~solinc, t~lcphonc s~cc or
renal cqulpmcn~ u~cd in iht Const~ction Con~mct,
and engln~ng services req~fircd for pc~m~ncc oF thc work
th~ C~n~ractor ~nd thc Contractor's sabena[mc{ors, ~nd all
L~e~ for which a ~lCCh~nic's lien may hc a~scrtcd in the
jurisdiction where ~hc [a~r, ~tc~als or ~uipmenl were
Con~c~or idcnt(~ on the I{~aLU~ ~RC, incklding sll
Doctlmcn~ ~nd chanscs ~crc~o.
1~.30~,cr Derauh: F~ilu~ of thc O~cr, which h~ neither
remedied nor walvcd, m pay thc Cont~c~or or (o pcffo~ and
complc~c or comply w{(h lhe adler terms thereof.
(FOR INFORMATION ONLY-N~n'~c, Address and Telephone)
AGENT o, BROKER.
OWNERS REI'RESENTATIVE (Archit:ct, Engineer or other party):
27
Notarial Acknowledgement - Attorney in Fact
STATE OF WISCONSIN
County of Milwaukee
S.S.
On thiLr~y~day of
Juanita J. Scott
, (-'~(.X~ , before me,
a Notary Public in and for
said
MILWAUKEE County, State aforesaid, residing therein, duly
commissioned and swom, personally appeared Kay A. Hannah known to me to be the
person whose name is subscribed to the within instrument as the attorney in fact of
LIBERTY MUTUAL INSURANCE COMPANY
and acknowledged to me that he subscribed the name of LIBERTY MUTUAL INSURANCE COMPANY thereto as surety, and his
own as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in said county of
,,gthe ce, cat rsta ove en.
Notary Public in and for the county o~r Milwaukee
State of WISCONSIN
My commission expires 09-26-04
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Bond
Services (referred to collectively hereinafter as the "issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539 2/03
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ] 297200
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
KAY A. HANNAH, BRIDGET MCCARTHY, CHARLENE RITCHEY, BETH MATYSlK, JUANFrA J. SCOTT, ANNA KRUBSACK,
MARY ELLEN HEESE, CAROLYN J. RAMULT-SACCO, ALLOF THE C~ OF MILWAUKEE, STATE OF WISCONSIN .......
, each individually if there be mom.than one ~3amed, its true a!3d lawful attomey~in-fact to make, execute, seal, ackn~!edge and deliver, for and on its
behaff as surety and as its act anddeed, any'and all undertakings, bonds recognizances'end other-surety obligations in the penal sum not exceeding
THIRTY MILEON AND 00/100~**~******~'- . . ' '.~ -/ DOLLARS($ 30,000~000.00'**** ) each, and the
execution of such undertakings, bOnds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signedby the president and attested by the ~ecretary of the Company in their own p~Dper persons
That this power is made and executed pursuant to and by authority Of the following By-Iaw arid Auth6tization:-~
ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. :' '~ ' '
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute seal, acknowledge and deliver as surety any and alt undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instrur~ents sl~all be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
tN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania th s 29t.h day of May ,
2003
LIBERTY MUTUALINSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 29th day of May , 2003 , before me, a Notary Public, personally came Garnet W. Elliott. to me known and acknowledged
that he is an Assistant Secretary of Liberty Mutual nsurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH~unto subscribed my name and.affixed my notarial seal at Plymouth Meeting, Pennsylvania on the day and year
first above written. ~'~~.~ ~'~..~'~, '; ;'" '. -'; i '" "-' ";' ' ....
')
~ .......... i""i'~;i;;~;~'~'"":-'~"-"-J '"-:." '"-'-
-- CERTIFICATE ~__ :i': '"
I, the undersigned~~:i0flUberty Mutual I~sUirance CompanY; d~ herabylCelrti~y ......
that the original power of attorney of which the foregoing
is a full, true and correct copy, is in fuil'-fo~¢e'and effect on'ttie (Iate of this .C6~ttifi~ate; arid 't CI~ further certify that the officer or official who executed the
said power of attorney is an Assistant secretary specially authorizer'.bY the . -
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. Chairmen oi";.tl~.e president-to, apP0int, attomeys.in-fact as provided in Article
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN.T. LESTIMQNY WHEREOF, I have hereunto subscribed _ _
~,~,)~p ~" ~-~- · my name and affixed the corporate seal of the said company, this ,~'~,~/~ day of
te~ 1~/29/0~' Time= 8:23 AM To: Lisa % 9,12626952359 Page: 002-003
CERTIFICATE OF LIABILITY INSURANCE I OA D iO/ZZ/2003
PRODUCER (800) 566- 7007 FAX (262) 574- 7081 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
R & R Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1581 E Racine Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 1610
Waukesha, WT 53187-1610 INSURERS AFFORDING COVERAGE NAIC tt
!~SUREO Visu Sewer Clean & Seal Inc ~NSmER^: Transcontinental Insurance Co
7905 Beech St., NE ~NSURERe: Continental Tns Co
Fridley, MN 55432-1762 ~NSUR~C: Transportation Tns Co
~N~ERD: National Surety
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW' HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDIt
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTNN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCl
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ETA ~ TYPE OF INSURANCE POUCY ~R DATE IMME)D/YYi DATE IMM/DO/YYI LIMIT~
Ord~ERA~U~UW TCP2055717470 04/01/2003 04/01/2004 EACHC)CCURq~NCE $ 1~000~000
X co~v~ ~ERAL U~UTY ~C~ TO R~O S 300,000
5,
000
A ~RSOt~ & ~OV ~¥ $ 1~ 000 ~ 000
GENERAL AGGREGATE $ 2, OO0,
(a~r~ AC, CalCiTE U~T ~';~-IES F~_R: ~ODUCTS - CO~P~OP ^~ $ 1, O00,000
i ,c l im [-1
AUTOMOBILE UABILITY BUAZ055717498. 04/01/2003 04/01/2004 c0~ED ~C<E LIIdT
X ANY ALrro (Ea ~ccidenl)
1,000 ~ 000
ALL OWNED AUTOS BODILY INdURY $
SCHEDULED AUTOS (P~r person)
B
I~RED AUTOS BODILY INdLJ~Y
NC)N-OWNED AUTOS (Per accider~}
PROPERTY DAMAC~ $
{Per accident}
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
I ANY AUTO OTi-ER THAN EAACC $
ALrro ONLY: AGG $
~EXCESS~mREU~LUm~TY CUPZ055717503 04/01/2003 04/01/2004 E~C~OCCUR~NCE S 1~000~00¢
J DEDUCTIBLE $
X RE~ON $ 10, 00~ $
WOR~e~SCC~emSRT,~ANO TCP2055717470 04/O1/2003 04/01/2004 X I WCST^~U-
TORY LIMT$ J
EMPLOYER~' LIAI~LITY
A ANY PI~Pf~ETOR/PARTNEI~E)~¢UTIVE E.L. F_ACH ~CCIDENT $ 500! 00(]
C)~1~ EXCLLIOF~77 E.L DISEASE- EA EMPLOYEE $ 500 ~
AL PROVISIOe~ below E.L DId-cASE - POLICY LII~T !2 500100~
cn~R XXK85580538 04/01/2003 04/01/2004 $9,000,000 per occurrence
Excess Umbrel 1 a
D $9,000,000 aggregate
No retention
CEscm~noN OF OF~AT~S ~ LOCa~ONS ~ V~CLES ~ EXCLUS~S AOO~ aY E~OOeS~ ~ SeEc~ eRO~S~ONS
~rO~ect: 7003 Sanitary Sewer L~ning (Amended) City Pro~ect No 0309.
CERTIFICATE HOLDER
CANCELLATION
City of Columbia Heights
637 38th Ave NE
Columbia Heights, MN 55421-3806
ACORD 25 (2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE 11-lEREOF, THE ISSUfNG INSURER WILL ENDEAVOR TO MAIL
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATIOH OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED P~:PRESENTATIVE
Thomas Sche~der/C222
@ACORD CORPORATION 1988
~te= ~0/~9/~3 Time= 8~23 AM To= Lisa ~ 9,12626952359 Pa~e= 003-003
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08}
Contractor's Business Name:
Address:
Phone No:
Fax No:
PROJECT IDENTIFICATION:
2003 SANITARY SEWER LINING
(AMENDED)
BIDS TO-BE OPENED:
This bid is submitted to:
.CITY OF COLUMBIA HEIGHTS-
6'37 38m 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't0
perform and furnish all Work as specified or indicated in the .Contract DOcuments' for
the Contract Price and within the Contract time indicated in .this bid and in
accordance with the other terms and conditions of the Contract Document.
BIDDER accepts all of the terms
Bid and Instruction to Bidders. This Bid will remain subj
(60) days after the day of Bid opening. BIDDER will sign and submit the Agreement
with the
fifteen
3. In
that:
10
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)
famiShin
e or
c)
. d)
e)
Conditions of the extent of the technical
data contained in, such. reports and drawings upon which BIDDER is entitled
to relY.
Obtaining and carefully studying) all. such examinations,
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 ~urnishing 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~
BIDDER has ·reviewed and checked all ~nformat~on and data shown or
indicated on the Contr,~ ~, .~t Documents~ .. with res~e.c~,. .to existing,~, ,: ~: ~nderground. ~. .
~nvesti.' at~ong?ex' lorat~on.,s;', texts~, regorts
order .to pev[0rm .and fum~.sh, thee 'Work' .at.,.:.the. 'C.'.0n~act,.~n.c~,..
Contract T~e. and ~n accordance w~th the-'other terms and' eoadtt~ons
Contract Do"c. fiment,s, ~ncludmg 'spemfically the 'prov~,s~ons. of:Paragraph"::4:0
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 there°f by ENGINEER'is acceptable to BIDDER.
h) This Bid is
with
other
has
BIDDERor over OWNER.
association, organization or
indirectlY induced or solicited:'any
; BIDDER has not solicited or
t~om bidding; and BIDDER
advantage over any other
BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT
PRICES:
CITY OF COLIJMBIA.HEIGHTS
"2003 SANITARy SEWER LINING (AMENDED)"
NO: '" Item":/' 'Unit. Quantity Unit Price Total Price ' '"
. Line 10" VCPon4yd AVe L.F. 649 $2~7&-'~' ' $/r ..' .~.'~-~'~'~/ ....
2~ L~e 12"RCP. L.F. 665 $~/:
md oa 44~ Ave , ' ' ' ' .
on 44th Ave
~d
St
on
.
. '.'. '.... :....., , ; . . .. '. . ::.'. ::....... .~,.~::..?,':.':..' ~..
. ..,.. ,.. . , · .2..., ~.~ .. . . , .',..'' . .'. ,..','['~,'" .~ · . .
.. .~ ...,. :~:' '... .'..~.'~ · ~ ?.. .,.:..., ..,.... .... .: .... . :..
Quantities are indicated for the convenience of the Bidder. Final payment will be
based on actual quantities.
BIDDER agrees that the Work will be completed as follows:
2003 SANITARY'SEWER LINING (AME ~NDED)
CITY PROJECT 0309
Final inspection by,May 31, 2004, in accordance
General Conditions.
o
The following documents are
a)
b)
Suppliers, and other persons and organizations
Work sequence in accordance with .Division
o
Communications
_ indicatedbeiow.
The terms used in. this BID
'COnstruction Contract included as part of the Contract Documents, have the meanings'
assigned to them in the General Conditions.
SUBMITTED ON: '{~e..W'ol~rr..R ~1 .. ~6{~ ~ ' ,.2003,
If BIDDER is:
By¸
Doing Business As
(Individual's Name)
Telephone No:
(SEAL)
A PARTNERSHIP
By
Business Address:
Telephone No.:
14
A CORPORATION
(corporation Name)
(State of IncorporatiOn)
(Name of Person AuthOrized'to Sign) ~
(Secretary)
(Address)
By
(Name)
(Address)
Each joint venlt.u..rer mqst sign.
p'a~tn ~rs,h.'.',ip,'and:c,orpor~ition. th'at
~:~n'~.~.i'~'a~..~':~:~i~:~:~,.~o~. '"
The manner .oi.f ~i. gnin'g::~.f.(~:):..ea.chi.':J.nd.i'v.'.idual,
is a party·'t0 th~ijo!n.',:~.".v'~¥1,t:i~'~,e sh~6u)d be in the
15
STATE OF
COUNTY OF
AFFIDAVIT OF NON-COLLUSION:
(1)
or an officer or employee of the
sign .on its behalf (if the. BIDDER is
(2)
Tha~ bid or
been submitted without collusion with, and without any
understanding or planned common course of action with' any
vendor of materials, supplies, equipment or services described in tlse invitation
to bid designed to limit individual bidding or competition;
(3)
of the bid or bids have not been Communicated by the
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 be communicated to any person, prior to any official
or bids; and;
That I have fully informed myseif regarding the. accuracy of the statements
made in this affidavit.
(4)
Subscribed and sworn to .before me
this q T~. day of.. ,.. ! I~ l'~lO ~l [~
'". .. i ,' .' "' ..:::"":: ~;'":;.'~. · . .
' I : ; ' I i i I Il
16