HomeMy WebLinkAboutContract 1721THIS AGREEMENT is by and betxveen the
MINNESOTA, (here!nailer called OWNER) and
(hereinafter called CONTRACTOR).
EJCDC
STANDARD FORM O1~ AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
OWNER and CONTRACTOR~j~n 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:
Base Bid:
Concrete curb and gutter, sidewalk, steps or flatwork removals and repairs or
installations at spot locations throughout the City.
Alternate Bid 1:
Reinforced 6" concrete decorative walk between 4022 and 4024 Central Avenue,
from Central Avenue to the alley.
ARTICLE 2 - THE PROJECT
2.01 The Project for ~vhich'the Work under the Contract Documents may be the whole or only
a part is generally described as follows: '~' :'
2003 MISCELLANEOUS CONCRETE REPAIRS AND
INSTALLATIONS
CITY PROJECT NO. 0300
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS'
ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and xvho is to act as
OWNER's representative, assume all duties and responsibilities, and have the rights and
attthority 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
Tin, e 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
4.03
A. The Work will b e substantially completed on or before October 3, 2003, and
completed and ready for final payment in accordance with paragraph 14.07 of the
General Conditions.
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
xvithin 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 complel:ed and ready for final payment.
ARTICLE 5 - CONTR~C.T PRICE
5.01 OWNER shall.pay CONTRACTOR for completion of the Work in accordance xvith 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
18
been computed as provided in para~aph 1 !.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and.Processing of Payments ~,i~ii
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 perforr~fftnce of the Work as provided in paragraphs 6.02.A.1 and
6.02.A.2 below. All such payments xvill 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 i fthe
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,..t, here will be no retainage on account of Work subsequently completed,
in xvhidh case the remaining progress payments prior to Substantial Completion
will be in an amount equal to 100% of the Work E6mpleted less the aggregate
of payme, nt.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.
19
6.03
Final Payment ..
A. Upon final completion and acceptance of the W6rk 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 drawings of physical conditions
in or relating ~q~existing surface or subsurface structures at or contiguous to the Site
(except Under~rou/id Facilities) Which have been identified in the Supplementary
Conditions as provided in paragraph 4.02 of the General C~Shditions and (2) reports and
drawings of a Haz. ard9us 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 relale to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed bv
CONTRACTOR, including applying the specific means, methods, techniques, sequences,
and procedures of construction, if any, expressly required by the Contract Documents to
20
be employed by CONTRACTOR, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider th3.t any further examinations, investigations,
explorations, tests, studies, or data are necessary for th~'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 aware of the general nature of xvork 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,
· a,~
explorations, tests, studtes, ttnd data with the Contract Documents.
I. CONTRACTOR h as given ENGINEER written notice o f a 11 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.
ARTICLE 9 CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
2.
3.
4.
5.
6.
7.
8.
9.
,This Agreement (pages to
Performance Bond (pages
e~3~ment Bond (pages __ to __
Other Bonds (pages __ to __
General Conditions (pages __
Supplementary Conditions (pages __
inclusive);
to ;in~clusive);
inclusive);
inclusive);
to __., inclusive);
to __, inclusive);
Specifications as listed in the table of contents of the Project Manual;
Drawings consisting of none.
Addenda (numbers ~ to __, inclusive);
21
Bo
10.
Exhibits to this Agreement (enumeratbd as follows):
a. Notice to Proceed (pages ~8 . , inclusive);
b. CONTRACTOR's Bid (pages ~ to __, inclusive);
· c. Documentation submitted by CONTRACTOR prior to Notice
of Award (pages to ~, inclusive);
11.
The follow~'fi~g 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.
ARTICLE 10 - MISCELLANEOUS
~' ?i'' -.' -
10.01 Terms
A. Terms usetl .in. this Agreement will have the meanings indicated in the General
Conditions.
10.02 Assignment o~Contract
A. 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 laxv), and unless specifically stated to the
contrary in any written consent to an assi~munent, no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
22
10.03
10.04
10.05
Successors 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, a~eements, and obligations contained in
the Contract Documents.
Severability
A. Any provision or par~'~fthe 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.
Other Provisions (if applicable).
23
IN WITNESS WHEREOF, OWNER and CONTRACTO.R have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions
of the Contract Documet{ts have been signed or identified by OWNER and CONTRACTOR or on
their behalf.
This Agreement will be effective on /~6.. //'t,~_~ ,2003 (which is the Effective Date
of the Agreement).
Attest
Address for giving notices:
CONTRACTOR:
[CORPORATE SEAL HERE]
Attest
Address for giving notices:
License No.
(Where applicable)
(If OWNER is a corporation, attach
evidence of authority to.sign. If
OWNER is a public body, attach
evidence of anthority to s!gp.and
resolution or other docume'nts '.'
authorizing execution of OWNER-
CONTRACTOR Agreement).
D e s ig n a~/~t ep r es ~/nJ>a tive:
Name: .Y]f. St//~
Titl~/~
Address:
Phone:
Facsimile:
Agent for service of process:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority
to sign.)
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
12
PERFORMANCE BOND RCN 558489
Any singular reference to Contractor, Surety, Owner or other parbj shall be considered plural where applicable.
CONTRACTOR(Nameand Addmss):
Ron Kassa Construction, Inc.
6005-250th East
Elko, MN 55020
SURETY(Nameand PrincipalPlace ~ Business):
Old Republic Surety Company
PO Box 1976
Des Moines. IA 50306
OWNER(Nameand Address):
City of Columbia Heights
637-38th Avenue NE
Columbia Heights, MN 55421
CONSTRUCTION CONTRACT
Date:May 12, 2003
Amount: $29,309.70
DescHption(NameandLocafion):
2003 Miscellaneous Concrete
City Project No. 0300
Repairs And Installations
BOND
Date (Not earlier than Construction Contract Date): Ma y 23,
Amount: $29,309.70
Modifications to this Bond:
2003
[] None
[] See other side
CONTRACT AS PRINCIPAL
Company: ~ (Corporate
Ron Kassa~t ruct~~ Seal)
Name and Title: ~~
SURETY
Old Repub~c ~/~~/
Name and Title:John G. Hagber~
Attorney-in-Fact
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER:
Northern Capital Insurance Group,
PO Box 9396
Minneapolis, MN 55440-9396
Telephone 952-996-8829
Inc.
OWNER'S REPRESENTATIVE ~mhi~,Engineerorotherpady):
City of Columbia Heights
Engineering Department
Columbia Heights, MN
Pdnted in cooperation with the American Institute of Architects (AIA) .
The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - December 1984 edition.
I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner
for the performance of the Construction Contract, which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate
ip confere0ces as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later
than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor
Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1;
and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or
to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following
actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract; arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence,
to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,
and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default; or
4.4 Waive its dght to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
fifteen days after receipt of an additional wdtten notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,
and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and Owner
refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce and
remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the Construction Contract; and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit
of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages of the
Construction Contract, the Surety is obligated without dulication for:
6.'1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act
of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Pdce shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this bond
to any person or entity other than the Owner or its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part
of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within
two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Pdce: The total amount payable by the Owner to the Contractor under the Construction contract after all proper
adjustments have been made, including allowance to the Contractor or any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the
terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
PAYMENT BOND
RCN 558489
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR(Nameand Addmss): SURETY(Nameand PrincipalPlaceofBusiness):
Ron Kassa Construction, Inc.
6005-250th East Old Republic Surety Company
Elko, MN 55020 PO Box 1976
Des Moines. IA 50306
OWNER(NameandAddmss):
City of Columbia Heights
637-38th Avenue NE
Columbia Heights, MN 55421
CONSTRUC~ON CONTRACT
Da~:May 12, 2003
Amount:S29,309.70
Descdpflon(NameandLocation):
2003 Miscellaneous Concrete Repairs And Installations
City Project No. 0300
BOND
Da~(NoteaHier~anConstru~onContra~ Date):May 23,
Amount: $29,309.70
Mod~fions~ ~isBond:
2003
[] None [] See other side
CONTRACTOR AS PRINCIPAL
Company:
Ron Kassa~ructi~n~c .
Signature: /v/'/
Name and Title:
(Corporate Seal)
SURETY
Company: (Co,rate Seal)
Old Republi~~~
S,gnature ~,~ *'- /X-.,'~/'
Name and Title: John G. Hagberg
Attorney-in-Fact
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENTorBROKER:
OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Northern Capital Insurance Group,
PO Box 9396
Minneapolis, MN 55440-9396
Telephone 952-996-8829
Inc.
City of Columbia Heights
Engineering Department
Columbia Heights, MN
Printed in cooperation with the American Institute of Architects (AIA)..
The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - December 1984 Edition.
1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner
t'o pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien
or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner
has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and
tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be null and void it the Contractor promptly makes payment, directly or indirectly, for all sums due.
4 The surety shall have no obligation to Claimants under this bond until:
4.t Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy,
the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last
performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and
the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and
.2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any
communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Pargraph 12) and
sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written
notice furnished to the Contractor.
5 If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed
and the basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, it any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the
work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph
4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone
under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on
the signature page.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond
or shall permit a copy to be made.
15 DEFINITIONS
'15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor,
materials or equipment" that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
ACKNOWLEDGMENT'OF PRINCIPAL (Individual}
~"rATE OF; ....
!
~OUNTY OF
On ~ _day ~f , In the y~a~ . - before me
penonM~/come(~! -
to me known ~nd known to me to be the'perm~(d who (i~ (ara) described in a~d who execumd the (o~in9 imtmme~
and acknowledge{si to m~ thet_.._~_._.exacutad the ~ame'
~TA':rE.OF
COUNTY OF,
NOTARY PUSUC
ACKNOWLEDGMENT OF. PRINCjPA. L (Partnership)
pe;~o~ly cornels)
a member Of the co,partnership of
to me known and .known to m~ to' be the par~on who ~ described in ~ who executad the foregoing ln~tmmant, a~d
' ~ to ma that he exacutnd the ~ame ~ and'for the act and deedof tha ~aid co~arme~ip..
NOTARY PUBLIC
ACKNOWLEDGM ENT 0 F.PR INClPAL (Corporation)
b~TATE OF , ,~~..~
COUNTY OF
to me know~, who, be~qg TbY me ~ul¥ ~/mr~, daposes and ~ay~ that he re~id~s in the .City of -' ~/~L//~.. ~. _ '~ _.
the corpof~ descH_bed m and which executed the foregoing? instrument; that he knov~ the seal of the said corporatiofl;~
that the seal affixed to the said instrument i~ such'corporate seal; ?3~t it was ~o affixed by ~he orde~ o! f~ B~ard of Dkec~o~
'~2~.~ !l.~, NOTARYP%IBUC- MINNESOTA t NOTARY PUBUC
__ ! ---: ........... - _ ACKNOWLEDGMENT OF SURETY
STATEOF , ~4INNESOTA
COUNTY OF HENNEPI'N ~
~P 5 ~fore me-
'~Mly ~me(s) .TORN G.. ~GBERG ._
A~(s)~ of OLD REPUBLIC SURET~ COMPANY wi~ ~ I am-~lly a~uainted~
~d~o,~i~meduly~,~;~t~r~i~(~.in_ ,-~DEN P~IRIE.,. ~ ..
~t he is (a~! ~e A~{;)4n-F~. of OLQ. REPUBLIC SURETY COMPANY
~ ~ in ~ ~ ex~d ~ ~thin ~s~nt; ~t ~ ~{~) t~ ~ram ~al of ~ ~pa~; and
of said ~p~, a~ ~ ~ s~ ~id i~m~t ~ At~(;14n-~ of ~e ~id.~ ~ like
~ JANAM. MICHEAU ~, __
~ HENNEPIN COUNTY ~
F.~713 -- l/Il ~ ~ ~. ~i~ Jan. 31,2~5 ~
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a WiSOOn.sin stock insurance corporation,
does make, constitute and appoint:
JUDY L. JORISSEN, JO~{N G. HAGBERG, DAWN M. REICHEL~ ANN F. WOLF.GANG,
G. REYNOLDS FIS~{ER; PATRICK I. MCGOVERN, ;OF MINNEAPOLIS, MN~'
its true and.: lawful Attorney(s)-in-Fact. with full power and authority 'for:and o~ behalf of the con'par, y as s~. ,roty. Io execute and deliver and affix :the seal of the
com0any thereto (if a seal is required), bonds, u~tertakings, recognizadces or other written ebligati~qs in the nature thereof. (other titan bail bondS, bank dooo.~ory
bonds, mor[gage deficiency bonds, mortgage guaranty ~§., guarantees of installment paper~ and note guaranty bords, s~ifin'surarice ,.?orkers compensa[ion
bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation biDnds orblack tung bonds),
as follows: :.. ...... ·
ALL WRITTEN'" :INSTRUMENTS IN AN AMOUNT NOT TO,~' EXCEED:AN AGGREGATE OF
TW0.~. MI LLION DOLLARS ( $2,000,000 ) .... ~ ........... 2 _ _ ~ _ ~?.~ _ ~ ~, _ FOR ANY S INGLE
OBLIGATION, REGARDLESS OF THE NUMBER':~:=O~ INSTRUMENTS ISSUED FOR THE OBLIGATION.
andto bind OLD REPUBLIC ':SURETY COMPANY thereby, and all of;the acts of said Attorneysqn-Fact pursUant to these presents, are
r~tified and confirmed. This document is 'not Valid unless pdnted on: colored background and is multi-colored. This appointment is made
Onder and by authority of the board of directors at a special meetirlg'hbld on February 18, 1982. This Power of Attorney is signed and sealed
by facs mile under and by the authority, of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982.:: . : ....
RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant
secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidenoing the appointment
in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog-
nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any
Power of Attorney previously granted to such person.
RESOLVED FURTHER;that a~y bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company
ti) when s~gned by the president, anY vice president or assistant vice president and attested and sealed (if a seal be required) by any secretaryor assistant
~:~ secretary;, or .... . .. ..
(ii)':' when sigr~d: by the pre~i~iit, arJy vi~e president or assistant vice president, secretary or assistant secretary, and oountersignedand sealed (if a seal
be req6ired): by aclu y authorbed attorney~in-fact or agent; or
(iii) Wheh duly executed ~d'S~ided (if a seaftbe requli~e~) b~i:.:one or more attorneys-in-fact or agents pursuant to and within ~he limfts bf.tbe authority
evidenced by the Power cfi At'omc'¢ '~suc~d, ~.,'"~,o company ~c st :ch person or pemons.~;: 'ii ::'" :
RESOLVED FURTHER. tt~tthe sig-,ature o" any authorzed o~ce, a~d the seal of the:'C0mpany may be affixed by facsimile to a-c/Powecof At[omeyor
~ thereof autJ'~)rizing the exeout,~'-i aqd ::e very' .of a"y bond. undertaking, recegn~, or other suretyship obligations bf lJ-~.ouml2ar~ar~ such
signature and seal when so hsec s'mL hr. tve :he sarne 'o:¢:e and effect as though manually affixed .... .... ...:~:
IN WITNESS'WHEREOF, OLD REPUBLIC SURETY COMPANY has caused~lie~e:?presents to be signed by its proper officer, and its
corporate:Seat, to be'affixed this 12TH day of
STATE OF WISCONSIN, COUNTY OF WAUK:ESHA - SS
On this 12TH day of MARCH
IV[ARCH .2-0:0 3
::~ .......... %,.~ . ~
=======================
.: O~ REPUBLIC SURETY COMPANY
President
::.
2 0 0 3 , personally came before me, JAMES E. LEE
and DAVID G. MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say;
that they are said officers of.the corporation aforesaid, and that the seal affixed to the above.· ir!strument is the seal of the corporation,
and that said corporate seal ~r~8:'~hei:r signatures as such officers were duly affixed and subscri~d'i'~8"the, said instrument by the authority of
the board of directors o~:said Corporation. ' ;~'" ........ .... ~.~L/ ~ ~~.~'
:' ' ¢ i!: /?_%°"~. ........... --..' '";:"% ':': ..... ~: ::.;.i: ":
· ' NO~ P'~blic
':" . .. '~ 't~t,,~ ....,~-,'~"%° .,,'~] o ::2 / ~ 2'/2-o"0 '5
'4.~..o..~,~7/ ': My commission expires::-.
CERTIFICATE ..... ·
I, the undersigned assistant secretary of;:!he OE'D REPUBLIC SURETY COMPANY, a Wisconsin corporation, C'E'RTIF¥ that the
foregoing and attached Power of Attorney remainS:in fuli;.for~::'and has not been rev0ked~ and furthermore, that the ReSOlCit[onsiof~the board of
directors set forth:in:the Power of Attorney, are now in force. -
40 -2710 ................... :.
.......... :-
., '..'¢ ' ", Signed and sealed at the :City of B~oo:l(field, WI thi~ ay of
..' .... :: '~ ~ ~ '~ .~.
,i~ ORT:HE C/~'~.T.T. AL..,,~N~ .. : :'
'"",,. ....' ..... :-.: Assistant
7k'llSDOCUMENT IS NOT VALID UNLESS PRINTED ON COLORED BACKGROUND AND IS MULTI-COLOF~ED
ORSO 22262 [1/97) ':
: ou>
DATE: ~-2 R-(13
Old Republic. Insurance Company (Old Republic) as aclent for:
Old Republic Surety Company, Bituminous Casualty Corporation, and
International Business & Mercantile REassurance Co.
TO BE ATTACHED TO AND FORM PART OF CONTRACT BOND NUMBER: ~£N 5 5 R 4 8 9
PRINCIPAL: Ron Ka~sa Construction; I'nc. . .
OBLIGEE: City of Columbia~ Heights, MN
RIDER - POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE (:OVERAGE
Rider has been provided to Principal and C~bligee.
Coverage for acts of terrorism is Included in the captioned bond. You should know that, effective'November 26,
2002, under that bond, any losses caused by certified acts of terrorism would be partially reimbursed, by the
United States under a formula established by federal, law. Under this formula, the United States pays 90% of
covered terrorism losses exceeding the statutorily established deductible paid by ()Id Republic'. The established
annual deductible is equal to 7% of the prior years direct eamed premium written by Old Republic for losses
incurred in 2003, 10% for losses incurred in 2004, and 15% for losses incurred in 2005. Payment for a loss will not
exceed the limit of liability under this bond. This b~nd will not pay for any portion o1: certified terrorism loss beyond
any applicable annual liability cap set forth in the Act. The terms of this rider do not.provide coverage for any'loss
that would otherwise be excluded by the terms of this bond.
As defined in Section 102(1) of the Terrorism Risk Insurance Act of 2002, a certifiod "act of terrorism" means any
act that is certified by the Secreta~j of the Treasury, in concurrence with the Secretary of State and the Attorney
General of the United States, to be an act of terrorism. To be certified, the act of terrorism must be: 1) a violent
act or an act that is dangerous to human life, property, or Infrastructure; 2) have r~ suited In damage within the
United States, or outside the United States in the case of an air carrier or vessel, ct the premises of a United
States mission; and 3) have been committed by an individual or individuals acting on behalf of any foreign person
or foreign interest, as partof an effort to coerce the civilian population of the United States or to influence the
policy or affect the conduct of the United States Government by coercion. ..
You have a right to purchase insurance coverage for losses adsing from terrorism, or you may choose to reject
the purchase.
SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE
The premium you have been charged for this bond Includes terrorism coverage, for a premium.of $. 9.0 0
which you must pay within 30 days of this offer. THE PREMIUM CHARGED FOR THIS COVERAGE DOES NOT
INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER
THE ACT.
Note: If you relect the coveraae, you must chac.k the bo~ below, sign this fo!'m, and return it to the address shown above. The. premium will be credited,
[] I hereby elect to have the exclusion of terrorism coverage apply to this bond. I understand that. I will have no
coverage for losses arising from acts of terrorism.
The undersigned agrees that this election will apply only to this bond.
James E. Lee ~
Vice President - Old Republic Insurance Company
President - Old Republic Surety Company
Vice President - Bituminous Casualty Corporation
Vice President - International Business & Mercantile
REassurance Co.
Bond Obligee's Signature
Print Name
Date
ORSC 22836 (112003)
Attach to all contract bonds as a cover page.
Date: 6/6/0:3 09:19 AM Sender's Fax ID: 952-829-0482 Page 2 of 2
ACORD.
CERTIFICATE OF LIABILITY INSURANCE O,,D
~.Oh'KA-1 06/06/03
Te~-ff l~_~nh~dt
l~o~che~n C&p-~ta~ Insu~anoe Gp
P.O. Box 9396
l~e&po11~ ~ 55440-9396
Phone: 952-996-8818 Fax: 952-B29-0482
IMP~UD
Ron Y~ssa Const~u=t./on,
600§ 250~.h East
El]co ~ 55020
THIS CERTIFICATE I$ ISSUED A6 A MATTER OF INFORMATION
ONLY AND CONFER9 NO RIGHT9 UPON THE CERTIFICATE
HOLDER, TI~ CERTiFICAI~ DOES HOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY TI~ POLICIE~ BELOW.
INSURERS N~FORDING COVERAGE
~u~E~ ~ Wes~m:n Batlonal
INEiURER E:
COVERAGE9
~ POLICIES OF INS~;~ICE LISTED BELOW HAVE BEEN ISSUED TO 1HE IN$[..JI;~.D NNdED ABOV~ FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY R~QUIREMENT, TERM OR CONDiTiON OF ANY CONTRACT O~ OTHER DOCUMENT VMTH RE$~CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, TI'~ INSURANC~ AFFORDED BY THE POLICIES DESCRIBED HERE~ I$ SUBJECT TO A~L THE TERMS, EXCLUSIONS AND COM~ITION$ OF ~UCH
;KX.iCE$. AGGREGATE UMIT$ SI-I~WN MAY HAVE BEEN REDUCED BY PND
GlmtlmL~Mll.n-~! E~H OCCURRENCE $ 1 ! 0001000
0
O0
i PERS~&),~/I~g~ $ 1~ 0001000
o~'~ooR~c~r~ unit APPc~$ ~ PROOUCT~- CO~P/OP AO0 $ ~ ~ 000 ~ 000
A ~Y~TO J ~022109001 01/01/03 J 01/01/04
mcmss ~ ~ Occ~EUm * 1,000,000
X ~ ~ ~ ~ ~02235900~ 01/01/03 01/01/04 ~T~ s 1,000,000
I ~[o~m~ RC30OO01006 01/01/03 01/01/04 E.L~AmAOC~T $ 1( O00f 000
CERTF)CATEHOLDER -
C~tff of ¢ol;~bt~ H~kgh~s
Z~sp~tion Dept.
590 ~.g. 40~h Avenue
Colu~bi~etghts~l~55421
CII~COH
IMPQSE ~ OBUOA~0H OR UJlUTY OF N4¥ K)I~ UPON THE INSUKER, I11 A~ENTB OR
REPRISENTAllVGB,
ACORD 25-6 (TR?) ~ ACORD CORPORATION
Contractor's Business Name:
'~ Address:
Phone No: ~5'-P--t~{:,[
- Fa~!No: ~5-",,0_ l.-/6 [ $ 7/~
PROJECT IDENTIFICATION:
CITY PROJECT NO. 0300
2003 MISCELLANEOUS
CONCRETE REPAIRS
AND INSTALLATIONS
BIDS TO BE OPENEDi
10:00 A.M. - FRIDAY, MAY 2, 2003
CIT~ f OF '~ ''~
637 )t8'm A~ENUE NE
COL]J'MBIA 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 the Cohtract time indicated in this bid and in accordance with the other
terms and conditions of the 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?id, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined copies of ill the Bidding Documents and
following Addenda (receipt of all of which is hereby.acknowledged):
of the
BIDDER has hn~iliari~d ii.S~lf w~ifi: ihe 'nature'~ ~ihd -e~eni~-6f 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)
(e)
BIDDER has studied carefully all reports and drawings of subsurface conditions
and drawings of physical conditions which a~e'ide~tified 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
BIDDER has bbtained or assumes respons~
obtaining and carefully studying) all such examinatiOns, investigations,'
explorations, tests and studies (in addition to or to supplement those referred to in
(c) above) whic. h 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 Paragr~aph:4.02 & 4.03 of the General~Conditions; and no additional. ..~. ........ .
examinati0ns~ i~ivestigati°ns;'exPl~rati0ns; tests~ r~rtSd/'similafinformation o~:~.. ..... ,~..':::' .-.
data are or will be required by BIDDER for such purposes.
BIDDER h'as reviewed and checked allinformation and data shown or indicated
on the Contract Documents with respect to existing Underground Facilitie~ 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 re~tuired 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. ·
(f)
BIDDER has correlated the resuits of all such observations, ,examinations,.
investigations, explorations, tests, reports' and studies with the terms and conditions of.
the Contract Documents. ~,~
· BIDDER has givenENGINEER Written'notice o~'all conflicts, errors; discrepancies that
it h~is 'discovered in ~the:contragt D, ocfiments and the written re~olution 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
:'-~:. :": :' i'~:~i:;?~: ;person, firm or .corpora~tio~O, ,~.,~..d ~ got sUbmitted ig. cpn,.formity, with any :agree m e nt
rules of any group, assOciation, organization or corporation; BIDDER has not directly or
indirectly induced or2solicited any other BIDDER to submit a false or sham Bid;
BIDDER has hot solicited or induced any pei:sofi, 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 FI
Quantities are indicated for the convenience of the Bidder. AlthoUgh no driveway or step
quantities are anticipated at this time, a line item is provided to obtain a unit price for Phase 2.
Final payment will be based on actual quantities.
NO.
CITY OF COLUMBIA HEIGHTS
"2003 MISCELLANEOUS CONCRETE'REPAIRS AND INSTALLATIONS"
ITEM
1. Remove curb and gutter .', L.F. 471
2. Construct concrete curb and gutter L.F. 4'71
3. Remove street/alley S.F. 548
~,, ,~ UNIT
UNIT ~u~N.i--PRICE,
5. Remove driveway/apron S.F. 50
6. Construct 6" concrete driveway/apron S.F. 50
7. RemoVe sidewalk S.F.. ~ 81.9.
8. Construct 4" concrete sidewalk S.F. 81'9
9. Remove step S.F. 10
10. Construct concrete step' S.F. 10
'~'~'~1'0~ BASE BID
Total Base Bid Written In Words
AMOUNT
~3'~'3
~7 ~
/~ .~
~7~ to
ALTERNATE 1:
NO. ' : ITEM"'
6" Reinforced Concrete Decorative Walk
UNIT
UNIT QUAN. ~ pRICE
1. Remove concrete walk S.F.. 1,182 $ ] $
2. Construct 6" reinforced concrete ~valk S.F. 1,182 $ /~ $
TOTAL ALTERNATE 1
AMOUNT
/ q I~',
Total Alternate 1 Written In Words
TOTAL BASE Bib WITH ALTERNATE 1
BIDDER agrees that the Work will be compieted as follows:
· 2003 MISCELLANEOUS CONCRETE REPAIRS & INSTALLATIONS
CITY pROJECT 0300 ..... -'rI''
· All' work listed in the Supplemental In~'ormation (Phase 1) must be completed by
June 27, 2003.
· .The Contractor shall anticipate a second list of removals and concrete repairs or
. installations at v~iri0u~ lo~atiofis by Sept~/rib~' 5, 2003. ~These quantities' afc-in ~. ~;:- ~
addition to those listed in'the Proposal.
· Final inspection by October 3, 2003, in accordance with Paragraph 14.06 of the
General Conditions.
· BIDDER accepts the provisions of the Agreement as to liquidated damages in the
event of failure to complete the work on time.
(a) A tabUlation of Subcontractors, Suppliers, and other persons and organizations
required to be identified in this Bid.
(b)
The contractor will complete the Work sequence in accordance with Division 1,
Section 4, General Requirements.
(c) Affidavit of Non-Collusion.
Communications cgnc,eming 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.
,2003.
If BIDDER is:
AN INDIVIDUAL
By
(Individual's Name)
(SEAL)
Address:
;.
Telephone No:
A PARTNERSHIP
(Firm Name)
-(SEAL) .
(General Partner)
Business Address:
Telephone No.:
A CORPORATION
By fo'~f' ~'
~.~ (Corporation Name)
(St lficOrporation)
(Title) ~
' ~ (Secr~ta~)
Business Address:
(SEAL)
Telephone No. '~ ,.5'',-q---- ~"/£ /~
A JOINT VENTURE
By.
(Name)
(Address)
By.
(Name)
(Address)
Each joint venturer must sign. The manner of signing for each individual,
partners.hip and corporation that is a party to the joint venture should be in the
manner lndi~at~d above" '~ ', ~,.
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 beh, alf (if the BIDDER is a
corporation;
(2)
That the attached bid ~r bids have been arrived ai by the BIDDER individually
and have been submitted without collusion with, and without any agreement,
understanding or planned common course ofacti0n .with any vendor of materials,
supplies, equipment or services described ~n the ~n,C~tat~on to b~d 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 p. erson not any employee or agent of
th~ BIDDEii, 0r its surety, onany bond furnished with the bid 0r 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 the statements made
in this affidav~., f7~ BID~DER
FIRM MAKING BIDS.
Subscribed and sworn to before me
this ~ day of ]/~
OFFICIAL TITLE
,2003.