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HomeMy WebLinkAboutContract 1716 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY~ OF COLUMBt'-A HEIGHTS, 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: 2003 STREET REHABILITATION~ ZONE 6B ARTICLE 2 - THE PROJECT 2.01 The Proj eot for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CITY PROJECT NO. 0302 STREET RECONSTRUCTION WATER;'MAIN STORM SEWER SANITARY SEWER ALTERNATE 1 · RESIDENTIAL CONSTRUCTION ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 2O ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before August 29, 2003 and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before September 26, 2003. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance 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. 21 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of thc General Conditions. Applications for ~layment will be processed by ENGINEER as provided in the General Conditions. '" 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in para..,graph 2.07.A of the General Conditions (and in the case of Unit Price Work based or~ the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress 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 b.. .95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 5% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 22 6.03 Final Payment A. Upon final completion and acceptance, of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said pa~ragraph 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 OWNEI~ 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 to existing surface or subsurface structures at or contiguous to the Site (except .Underground Facilities) which have been identified in the Supplementary Cbnditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental';Qondition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations; tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures o f construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 23 F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the World!as indicated in the Contract Documents. ~ H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has ~ven ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and fumishing of the Work. 24 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents Ao The Contract Documents consist of the following! 1. This Agreement (pages __ to '"~ inclusive); 2. Performance Bond (pages to __ inclusive); 3. ·Payment Bond (pages __ to __ inclusive); 4. Other Bonds (pages __ to __ inclusive); 5. General Conditions (pages to , inclusive); o Supplementary Conditions (pages ~ to , inclusive); Specifications as listed in the table of contents of the Project Manual; Drawings consisting of a cover sheet and sheets numbered 1 through 30, exclusive, with each sheet beating the general title Zone 6B and the City Project Number. 9. Addenda (numbers ~ to , inclusive); 10. Exhibits to this Agreement (enumerated as follows): 11. ao Notice to Proceed (pages .__ to __., inclusive); CONTRACTOR's Bid (pages .__ to , inclusive); Documentation submitted by CONTRACTOR prior to Notice of Award (pages __ to __, inclusive); ; The following which may be delivered or?issued on or after the Effective Date of the Agreement and are not attached hereto: ao Written Amendments; Work Change Directives; Change Order(s). The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. 25 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of 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 law), and unless specifically stated to the contrary in an~ 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 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, 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 clo~e as possible to expressing the intention of the stricken provision. 10.05 Other Provisions (if applicable). 26 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be ~ffective on /~. ,2003 (which 'is the Effective Date of the Agreement). OWNER: Walter Fehst,~ Cil~ Manageg~ 7 Juli~nne Wycko~ayo//~../ "~ [CORPORATE SEAL I:I~ER:E CONTRACTOR: Midwest Asphalt Corporation By.~~~ [CORPORATE SEAL HERE] Attest 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: (If CONTRACTOR is a corporation or a partnership, attagh evidence of authority to sign.) Designat~t~resentatiTe:/ Designat~Representative: Address' ~ ~ ~ ~~ ff~ Address: 9~ ~ 6-47 7 Phone' 7~"~/Zg9 ~''''~ 5Xd) d9 27 Bond No: MNC 6043 CONSTRUCTION PBKFORAiANCB BOND Midwest Asphalt Corpolation ? O Box 5477 Hopkins, MN 55343 City of Columbia H~.~ghts 637 38th Avenue N.E. Columbia Heigh'ts, MN 55421-38~6 CONSTRUCTION (X)NTRACT ~ $970,772.44 '~,~a (N~m~ ~md Lo~): 2003 SUltrY (Name ~ Rhmipal l~e of Bush~s): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, Iowa 50321 Zone 6B Street Rehabilitation Project BOND 'Dm ~ot ~r~ ~ ~on Conua~ Daw): ~mou~t: $970,772.44 Modifl~ati~ms m fids B~nd Fom~ May 16, 2003 CONTRACTOR AS ~~ Midwest iex~npa~)~ ) Corporation ! ,~.~ CONTRACTOR AS ]~R~NC~PAL AsphaltSURETY Merchants Bonding Company (Mutual) Comp~n~ (Cove, SmD ffichael P. Foater, Attorney-i~-Fact 28 4,L A~ ~~, ~ ~, ~ ~ ~ ~ ~ ~ ~d ~ ¢0~ ~ wt~ ~ ~'i 4.4 w~ J~ fl~t m ~ ~ ~ ~ ~ ~ ~ liable ~ ~ ~ ~ ~ ~ ~ p~Q I~ ~ n~m ~ 4~ or 4,3 a~ that ~ ~i5~a ~t~ s~y m ~ O~r shall nat ~e O~ uM~ ~ Cm~ C~cL To ~ li~t QF~ G~ 0~lS Su~ i~ ~ti~ M~ Oupl~ fort ~ ~t I~l~ d~p ~0~! ~ d~ c~ ~ul~S ~m ~c INFORM ATION ONLY-N~ Add~s, and Telep~onc) AGent' ~ tLROKI~R; 29 OWNERS REPRF. SE~4TATWI~A~:hi~ Enslaver, CONSTRUCTION PAYMENT BOND CONTRA~ 0qmme znd Addre~): Midwest Asphalt Corporation P 0 Box 5477 Hopkins, MN 55-343 · O~ ~m ~ City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, ~ 55~21-3806, ~NS~U~ON ~ $970,772.44 ~ (Name and Pr~cipsl Place of Btmine~): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, Iowa 50321 2003 Zone 6B Street Rehabilitation Project BOND Dat. ('Not ~arlicr than Coo.sl3m~on Conlxa~ Date): Amount $970¥772.44 Modifloations to mis Bond Fo~n: May 16, 2003 OOlqTP. ACTOI~AS PRINCIPAL Midwest Asphalt Corporation lqan~ ~(1 Title: S~ Merchants Bonding company Company: (Corp, Seal) (MutUal) Michael P., ¥oster, Attor~e~.i~.-¥act SUI~"TY '~ Com~am,: (C~. Scat) Nsme and Title: 3O ~ul~ ~ 12) a~ ~L a c~y, ~ ~ ~, m me and ~ ~ a~i~, ~ n~, ~ ~ ~ ~e. ~d, ~ ~ ~ ~ ~ B~, ~t m the ~'s ~ri~ m ~c ~= 9. ~c Su~ ~tl not ~ fiablc m ~ Ow[T~, ~ ar a~m ~OR I~ORIdATION ONLY-Noel), AGENT or BROJC~R: (])_~ ~ ~ ~i~ My. ~ ~ ~i~ by Su~m~b 4.1 g ~43 (~11~ ~) ~ ~~ ~~ ~ ~ 1~ In ~ ~ ~, ~ ~ ~ui~ ~ ~n or f~ r~ wMuh a ~'s ~ ~ bc a~ ~ ~ 153 ~w ~u~ P~q~ ~ ~ ~, which ~s nei~ ~ O',Vl,4B~ RBPKF.3I~ITATI'v'E (A~hltect, BaSfPeer or Ot~er party): 31 Merchants Bonding Company (Mutual) POWER OF ATTORNEY BondNo. MNC 6043 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Michael P. Foster of Des Moines and State of Iowa its true and lawful Attomey-in-Fant, with full power and authority hereby confen'ed in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other wdtten obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of:. UNL~IITED AMOUNT and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and conflm3ed. This Power-of-Attomey is made and executed pumuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, end to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE I1, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 2003. · ........ ,.. · * ~ President STATE OF IOWA * · ·. · · ·· COUNTY OF POLK ss. On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), Ih· corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony VVherecf, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, iowa, the day and year flint above written. STATE OF IOWA COUNTY OF POLK ss. MARILYN BOYD Commission Number 10012 My Commission Expires I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHNqTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, l have hereunto set my hand and affixed the seal of the Company ofl this 16 dayof May ,2003. MSC 0814 (2/03) gecretsry Contractor's Business Name: - :~ d · Address: Fax No: PROJECT IDENTIFICATION: : BIDS TO BE OPENED: 2003 STREET REHABILITATION ~-CITY .PROJECT NUMBER0203 10:00 A.M. - Tuesday, May 6, 2003 .This bid is submitted OFf 'COLUMBIA. HEIGHTS, MN 55421 The undersigned BIDDER propo'ses 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 fur. hi sh.?)l Work as specified or indicated in the Contract Documents for the cont~a~i':P~i'~'d"~t~ld:~ithin:-th~:'c6n~-hct 'time' i~idi%ted in'this bid and in accordance with the other terms and conditions of the Corttract Document. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Insiritction 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. 3. ::that:' , :.:. · ' , :.. · '. .... · %: ',:"'~.;'.::. ,'.:..~'::-',. d.:, ':' · ', . '.,.. ;, '..,'.: ~: .,. ,.:,. :',...~.~:~:.,,>; :',~ .- . .. · . .' .. .. " ': ' ,.';"::,:.'.'.,'; '~"." ..:- · ,:~':;,:, · v., .~"~:. ' . · ' .. · .. .~. ., ., ,. ':'"'. ":' .... .... ..": : :~..~ ." ,:." · . "~":;*":., .~ 10 ,'- " . :' .... .. : ' . · ' """ '"" ' ' ' "i, ' '" · ~ '" · 'r' ': ' ?: . .:~','"'t,. '~?.'::~"*" '"t..':' .' .,,..: '~,,'.. :.~..,:~.{ ....... ., · · ":...~ . .'t.,T,' __ ..,~., , ~ . . .x :'.,.'~,~,.j.,,..., : · .,.> . ~' :'~" .', ,A",;.":' . "i', .'" ,~. .... :,-.. .......... ,;...,,-...,~ Ins ting thi BIDDER rep~es~nt fully set forth i Agr t, ' ubmit s bid, s, as more n the eemen : '' (a) . BIDDER has examined cop~es of all the B~dd~ng Documents and of the following Addenda (receipt 0fall of Which is hereby acknOwledged)i ' "Date (b) BIDDER has familiarized itself with the nature and extent of the ~d re~lat~ons that ~n my m~er may affect cost, pro~ess, perfo~ce or hmishing of Work.· (c) BIDDER has studied c.~e~lly all repo~s ~d dra~gs of subsurface conditions ~d drawings of physical cOnditionSWhich ~e identified in the Supplement~ ConditionS'a~Pr6vided in Para~ph 4.02 & 4]03 of the General Conditions, and accepts the dete~ination set fo~h in P~a~aph S.C. 4.02 & 4.03 of the Supplement~ Conditions of the extent of the tec~ical data contained in such repoas ~d drawings upon which BIDDER is entitled to rely. ' ; ':;' (d)" BIDDER . carehlly studied (0;~ assumes responsibility for Obtaining and carehlly stud~ng) all such exminations, investigations, explorations, tests and stUdies (in addition to or to supplement those refe~ed to in (c) abovO which pe~ain to the subsurhce or physical conditions at the site or othe~ise may affect the cost, pro~ess, perfo~ance or hmishing of the work as BIDDER considers necessa~ for the perfo~ance of hmishing the work at the Contract Price, within the Contract · . Time and in accordance with the other te~s and conditions of the Contract Documehts, including specifically the pr0visi0ns.ofP~a~aph 4.02 & 4.03 of the Gene}al"C0nditions; and no additional examinations, investigations, explorations, tests, repoas or similar info~ation or data are or will be required, by BIDDER for such pu~oses. (e) ~ BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accui'ate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in 'order t° Perform and furnish the Work at the ContraCt Price, within the contract Time and in acc°rdance with the other . · terms and conditions of the contract D~cument~, inclUding SPeCifically the ~: i~:. prOVisiOnS °fParagraph'4'04°fth~Gen~[alCbriditi6nSl ;ii:~i:;~. ~; . : . ,: . , '.. '... . .' ,'.' . .... ' . ','..? i~.'.c ~ . !i... ,. ~.~. ?..,:,., .. ~: ~ . . .,:.??., ~ ~.~...~... . .:.~...b:.,;:.?~? .~,: ....... ". .... · ~ ; :. ' : . "" .. .:¢'?.. '... ~ .. ,'... ";'~.:..~,~,; ~ .' ":. ~ .~ '" , ', '.'~ ' ""...' :' ';'~'7~. .. - ., '.~:..~ '. % ~..~'k'5;~..'.,. .... :: ' ':'.: ..': . ,' ' ' .- .' : . . "'~" ~':.~,': '" "'"',,q..';. '51"': ' ". ..;' .4.' ' ' '.''.: "'~'.. · ' 'o a"'..~ ' . ,' · .' ~ ' .' · q,~' ' ·" ..' .. ' ,.-.-" ,.... ,:.' '.'~. ?-" ',: .... . .:" · ..."; '11' ,' · ''~'' :;':".. :.' ' ... ~' "? ' 'i,'., '.." '.'" "';".': Y ;~.'~. ' '"~:': ., ' ' ' . ...". ..k~',~ ,' ' :~"- : ' .. ,. . . v., .: .,...;.. '.a,. '.,..5.,'..' :..' '~'... · "' .... ' ~." "," ' '" ""' "' '}" '"" ..... :'..' i' , .k':?'.i.. "' :":'"~'"' .;:' '', ':. '. (f) BIDDER 'has correlated the results of all such observations, ekamina~ions, investigations, explorations, te~ts.;reports and studies with the term., and conditions of the Contract Documents, ~ ENGINEER x~ritten' notice .of all conflicts, '(g) -' BIDDER has given ' ' -errors, discrepancies that it haS~lisc;ger~d iff {he contract Documents and the written resolution thereof by ENGINEER is'acceptable to BIDDER~ (h) This Bid is genuine and not made in the interest of or on behalf of any ~ ~.~: ~.%~ ~-~:.,%.~.--~ ~ und,sclosefl person,'.'firm 0i:~i56~0ra~i0ff~d ig~ii0't-.i/ubifiitt~d with any agreemen.t or rules of any group, .association, organization or corporation; BIDD_ER has not directly or indirectly induced or solicited any other BIDDER to submit a false Or sham Bid; BIDDER has not sOlicited or induced anY person, firm or corporation t°:i'efrain fr°m bidding; ~and BIDDER has not sought by ~OllUsion to' °bi,iii foi~ itself ~inY advantage Over any'°ther BIDDER or Over oWNER. (i) Any other representation as required by Laws and Regulations. WILL 'PRICE(S): (See Attached Pages 13 through 15) Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual quantities. No. '~':i 'It( ' . ~. :' Unit QuantitY 'i Unit Price 1 -Traffic control · 2 Mobilization .2.f/t~o.o~~~___inch :~651~$~g[vo,cz: 3 Cle~ ~d ~b tree BID PROPOSAL FORM CITY OF COLUMBIA HEIGHTS. . . 2003 STREET REHABILITATION - CITY PROJECT.NUMBER 0302 Amount $ ',, $ $ -!~olo. co 4 Remove concrete curb and gUtter concrete 6 Remove concrete ~ron S.F. 7 Remove concrete driveway/apron S.F. 8 Remove concrete walk ' S.F. 9 Remove concrete step (if needed) S.F. 10 Remdve bituminous Pavement ' S.Y. 11 Remove x-dePth'Pavement ' S.Y. 12 Remove bituminous driveway S.Y. 13 Remove water main L.F. 14 Remove hydrant lead L.F. 15 Remove gate valve and box Ea. L.F. 10,250 $ "~.~o 4,110 $ O.$o $ 9,621 ~$ ~9.,~,,c $ ..,lO' ,~ $ .../~.~o $ 16,;786 ?:$: ,',02 9 0,~, $ 360 ':.:$ ';;'~.2g $ · 82 $ D co $ 3,891 $ L/o $ 97 $ J/0 18 Remove catch basin Ea. 19 Remove MH outside drop Ea. 2 20 Sawcut concrete L.F. 773 21 Sawcutbituminous L.F. 2,689 22 Mill bituminous pavement S.Y. 5,911 23 Salvage hydrant Ea. 7 24 Salvage MH or CB casting Ea. 8 27 Temporary water service- Washington L.S. 1 $ 28 Temporary water service- Madison L.S. 1 $/~q~oo, oo 29 Temporary water servme- Monroe L.S. 1 $ 30 8" DIP water main L.F. 3,951 $' 31 6" DIP water ma{n'or hydrant lead L.F. 98 $ AT~ Oo 32 8" Gate valve and box Ea. 15 $ ~ O.~O, CO 33 6" Gate valve and box Ea. 8 $'/~',0 o 34 25 Salvage boulevar~l~rain ipe L F 30 $ 26 Salvage chmn hn~'fence.: L.F,' 60 $/.4, oo, co $ b~ ~60, o o Cut-in 10" Gate valve and box Ea. 1 '$ :J~t]~07, Oo $/L~ oo 35 Cut-in 8" Gate valve and box Ea. "' 1 36 Hydr~t Ea. 7 $ ~~ $~ ~ ~/O, O o 37 Water main fittings Lb. 1,720 $~ 38 l"CO~oration: .... · Ea ~ 131 $'~ ~ 39 1" T~eK~oPperPipe .L:~. 2,~50 ~ ~ $~ ~...": . ".".' · ':41 · 1" Curbbox · ...:' ':.';" :,' ".':;'...'.Ea..-' 110.';7;..:;;$¢~7~ ' · · , · . '" ' '.. ['.' ' ":' ' ' ' ' . ' .::' '.'~'~.', "i ..'""" ', ..": :'. ',. ~"('"'~.,'~':~c:, r:.~." ':.z~.':~:.'~,r .,.,~ , : .' :... .' , · . . '... .~,. ~:,' . .'.. .. ~ . '~-" . " ,..:'., ~ · . . · . . ' :y94,",.. 2',~ "' '.." ... ....: ...... . '.:: ,; ;: ,.". · ,:.'~?; ....... ", ,~,~... '~;... ' '..".""' '""' .... '" '. '?.:.',:)' :.' ';: .'" "' ' ':' 2' :' ",...';..'". ,:.," No. Item 42 l"Curbstop '~ :~:': 43 Relocate curb b?X:'ana ;: 44 :' i12" DIi~ sanit~ ~e~er ': 45 10" DIP s~i{ar~, ~wei- 46' 8,,DIP sanity'seWer - 47 .10" PVC sardt~' sewer 48 8" PVC sanitai~sewer 49 48" sanitaryMH TyPe B with casting 51 ~ Reconstruct MH top 52 6" PVC sanitary sewer wye 53 6" PVC sanitary sewer riser/service 54 Reconnect sanitary sewer service 55 15" HDPE 56 12"HDPE-'~ ' -' ' 57 12" RCP - Class 1II (if needed) 58 48" CB Type Y with casting 59 2' x 3' CB Type X with casting $ '/P._q,.;' $//2, 9o $ F.o._c $ co, Sod with t0Ps°il ~:' S'Yi 6,840 Yi!:7,141 63 Aggregate pipe bedding C.Y. 64 Aggregate base class 5 or 7 (CV) C.Y.' 6,566 65 Bituminous wear course Ton 2,021, 66 Bituminous binder course Ton 2,401 67 Sawed/sealed joint L.F. 5,203 68 Tack coat Gal. 1,227 69 Concrete curb and gutter L.F. 10,352 70 Concrete x-street,gutter . ,. S.F.. 970. 71 C6ncret~' alle~;/a~)~h ~.'-'-!-, - ~:: S.F~:','~ 22-i:'~ 72 Concretedriveway/apron S.F. 3,099 73 Concrete walk S.F. 9,817 74 Concrete step (if needed) S.F. 10 75 Reinstall salvage.d manhole casting Ea. 1 76 Reinstall salvaged'blvd drain pipe L.F. 30 77 Reinstall salvaged chain link fence L.F. 60 78 Catch basin protection ' Ea. 4 79 Biobarder L.F. 380 80 Tree, 2 W' B & B Hackberry Ea. 8 81 Tree, 2 ½" B & B Crimson Sentry Ea. 8 82 Tree, 2 W' B & B Black Ash 'Ea. 9 83 unit. Qu~tit¥ ' Unit Price Amount Ea. 3 $ $ .oe Ea. 5 $ With this alternate, Columbia Heights residents located adjacent to the construction project may purchase driveway or sidewa"'lk constructiOn services at their request at the City bid prices listed below. These purchases are to be a direci' private agreement between the resident and contractor. The residents Will be entitled to the same service, quality and price as guarafiteed in the Citybid.- ~' ~ ~:' ........ : '- ~: ' ..,~,, ~ ....... ' ' " ~ No. Item Unit Quantity .Unit Price Amount 1 Remove bituminous dfivew 4 Remove concrete step 5 Aggregate base class 5 6 Bituminous driveway 7 Concrete driveway 8 Concrete sidewalk 9 Concrete step S.F. Ton S.Y. S.F. S.F. S.F. -100 $ 10 $ ]o $ ~Jo s Y~ oo 10 /~,>'~ m,O,..J £o/ r w. ., //i{.,u.,~,l Total Bid Altemate 1 Written in Words 5. :.. BIDDER ~tgrees that the Work will be Coh'/pleted as followsi CITY PROJECT NO. 0302 "'" ;'l~'ii ' ' ' ": · STREET RECONSTRUCTION., ~"~: ' I · * WATER MAIN · STORM SEWER · SANITARY SEWER Fihai i~ti~nb3~ s~pt~ber'26;:-2003 iii~ ti'd~'iSi:~d~e"~V~ith Pa?agr~iPh'14~06 bfthe: General Conditions. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time.~' ~. ~ The following documents are attached to and madea condition of the BID. (a) A tabulation of Subcontractors, Suppliers, and other organizations required to be identified in this Bid. · " Contractor will uence in' accordance 1, Section 4, General Requirements. · persons and (c) Affidavit of Non-Collusion. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. 8. The terms use'al,ih this BID, which ared¢fined .in_ the~ Gen.era! C0ndi.tigns of the i ".-:~ .. :.ii¢ Construction Co'nt~/a~t' included as part of the Contra~Ct Documents, have the meanings assigned to them in the General Conditions. SUBMITTED ON: , , d ,2003. If BIDDER is:- '' AN INDIVIDUAL By. (Individual's Name) (SEAL) Doing Business As Address Telephone No ' ' ',/~ A PARTNERSHIP "-~'i~(Firm Name) (General Partner) Business Address TelephoneN~~. : ~'":' (Continued on nekt page.) . .'" '" ' · ' 9' '..' ' '.., :']'." · ' '' :. "' ' ' ':" 17' A RATION Blair B. Bury, Vice ,ident Critle) ATTEST Busine,s Address ~../~ ~.Y'~f/7'7 Telephone No. A JOINT VENTURE By (Name) (Address) By (Name) (Address) Each joint venturer must sign. ,The manner of signing for each individUal, i PartnershiP and Corporation'th~f i~a: party to' thejoin~n~e.:sh~id be:in ' manner indicated abov'e. '.'" "'.".' :'... '. '.'",".' ' .....':.' · ' .,.,, ~ .'.:,'.:!:::.'i::? '.,' ' .." . ~' .. . .. ,: ,.'. .' . .!:"t~ ;;,..::,,, =.' · ' ' '.' ,' ,".. '. '. " ' ' ' " . ' ' ' '" · · . , , .. .:;.. . ~ '. . .= . .. .... ,, .' ,, ...:. f.~ c9:.'~; ,,.' · ' . ,....'18.., ' "' · ,. ', :'.".' ... " .''"',., :'"~,j.':. .,,. ,,. ~... . ... . ,. ,. ....~ -.:......:,....... :. ::..',.,~: ~-;' , ..: ...f .... . ,. :'.. . , ~. ,,,, . .,.....;~. ','.'~,"." STATE O? ' AFFIDAVIT OF NON-COLLUSION: That I .am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the ~BIDDER corporation· having. 'authority to,sign on its behalf (if the BIDDER is a corporation; That the attached-bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding o~' Planned c6mmon Cours~ of action .Mth any vendor Of materialS'~: SUpplies,'' equipment or'services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated erso ' ?~ ~ . agent '~' - ' bids, ired will hot be o any person, opening of the bids, or bids; and; (4) That I have ~lly informed myself regarding the accuracy of the statements made i~ ' 'FII~/I MAKING BIDS tShUibssc~ib~d an~:;~rn t~/~.r: ne .-~ ,2003: ~IA1VIE · ADDENDUM NO. 1 Plans And Specifications For: 2003 Street Rehabilitation - Zone 6B City Project No. 0302 ·. Dated: April 30, 2003 BID OPENING: TUESDAY, MAY 6, 2003; 10:00 A.M. INDICATE RECEIPT I~'F THIS ADDENDUM ON THE BID FORM 1. DIVISION I - GENERAL REQUIREMENTS 3. DESCRIPTION OF PROJECT Storm Sewer Replacement - City Project 0302 This project involves storm sewer replacement in the following intersection: 40th' Avenue at Polk Street Work includes removal and construction of 8 L.F. of 15" CMP and restoration. Construction joint method and materials between existing and new pipe shall be approved by Engineer prior to construction. DIVISION V - REMOVALS, EXCAVATION, STREET CONSTRUCTION, AND RESTORATION 19. SPECIAL PROVISIONS 15. BITUMINOUS PAVEMENT REMOVAL Add: Removal of extra-depth material shall be paid for by the square yard for the entire thickness removed over 4". Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen, P.E. City Engineer 763-706-3705 o~* 763-706-3701 (fax) Contractor's Business Name: Address: Phone No: Fax No: II BID FORM FOR ADDENDUM 1 II PROJECT IDENTIFICAT~'ON: 2003 STREET REHABILITATION CITY PROJECT NUMBER 0302 BIDS TO BE OPENED: 10:00 A.M. - TUESDAY, MAY 6, 2003 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 38TH AVENUE NE COLUMBIA HEIGHTS, MN 55421 TOTAL BID WITH ADDENDUM 1 No. Item Unit Quantity Unit Price Amount 3. 4. 5. 6. 7. 8. TOTAL BD Remove bitumiqqus~ pavement 70 Remove x-depth pavement 70 Remove sewer pipe 8 Sawcut bituminous 100 15" CMP 8 Bituminous,wear course 6 Bituminous binder or base course 30 S,Y. S.Y. L.F. L.F. L.F. Ton Ton TOTAL BD WITH ADDENDUM 1 Total Bid with Addendum 1 Written In Words C£ient~: 2070 MIDWASPI CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Yy) 05/15/03 PRODUCER ' MN-COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH ST STE 2000 MINNEAPOLIS. MN 55402 INSURED MIDWEST ASPHALT CORPORATION ETAL PO BOX 5477 HOPKINS. MN 55343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX'rEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA:ZURICH AMERICAN INSURANCE COMPANY INSURER B: INS C© OF THE STATE OF PA INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR . POLICY EFFECTIVE POLICY EXPIRATION i LIMITS LTR ' TYPE OF INSURANCE I POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) A i GENERALUABILITY IGLO372604401 04/01/03 ~04/01/04 EACH OCCURRENCE $1. 000. 000 ~pMMERCIALGENERALLIABILITYi ' FIRE DAMAGE (Any one fire) $100,000 [ Xi OCCUR INCLUDES: ! MED EXP (Any one person) $5 1000 , X ;XCU IOPERATIONS OF SUBS-i PERSONAL&ADVINJURY s1. 000. 000 X iB_~RO_~_~ FO__R~M P__D_ CONTINGENT GENERAL AGGREGATE $2. 000, 000 [GEN'LAGGREG^TEL,M,TA.PL.ESPER: CONTRACTUAL LIAB PRODUCTS -COM"~.AGG $1. 000, 000 :l~r~ POLICY i z%. I JEQT A : AUTOMOBILE UABILITY iBAP372604501 __.~ 104/01/03 04/01/04 COMBINED SINGLE LIMIT $1 000 000 MANY AUTO ', (Ea accident) t , : I ALL OWNED AUTOS i I --  ', ~ BODILY INJURY ~___ SCHEDULED AUTOS i (Per person) _ $ ~"' F'HIRED AUTOS !- --~1 i BODILY INJURY (Per accident) NON-OWNED AUTOS ._ .4 ................... PROPERTY DAMAGE $ ~: ! I [ (Per accident) GARAGE LIABILITY ~ i ! [ ....... I I AUTO ONLY - EA ACCIDENT ~__$_ ..................... I ] AGG iS i AUTO ONLY: ]~ EXCESS LIABILITY '46039752 !04/01/03 !04/01/04 I EACH OCCURRENCE !$2, 000/ OOQ i DEDUCTIBLE : I r I i X! RETENTION $0 : I I A WO.KERS COMPENSATION AND WC372604301 i i04/01/03 04/0' /04 x WOSTATU- OTH- TORY LI M~l[fi EMPLOYERS' UABILITY ,., ', j E.L EACH ACCIDENT S 5 0 0~. 0 E.L DISEASE-EAEMPLOYEE; $5 0 0 ~, 0 0 0 t ;E.L DISEASE- POLICY LIMIT i $5 0 0 , 0 0 0 OTHER ; DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JOB #13612; 2003 STREET R~.HADTT,[TATTON - CTT¥ ~ROJ~,CT ~O. 0302 CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: .... CANCELLATION CITY OF COLUMBIA HEIGHTS 637 38TH AVE NE COLUMBIA HEIGHTS. MN 55421 ACORD25-S(7/97)l of 2 #Sl16484/Ml11348 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL~i~%]~~AIL ~ t"] DAYSWRITI'EN NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT~ AUTHORIZED REPR~[~ENTATIVE VLH e ACORD CORPORATION 198~ Proiect: 2003 Street Rehabilitation Owner: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: Midwest Asphalt Corp. CHANGE ORDER NO. 1 Cit~ Proiect: 0302 Date of Issuance: November 5, 2003 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE Original Contract Price: $ 970,772.44 Previous Change Orders No. __ to No. $ None Contract Price Prior to this Change Order: $ 970,772.44 Net Increase of this Change Order: $ 36,7O3.65 Contract Price with all Approved Change Orders: $1,007,476.09 Reco~)_ded, ~ By: ~.~~~~ CHANGE IN CONTRACT TIME Original Contract Time: Net Change from Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: N/A Approved (c ontracto Approved By:, J~e'~e Wyckoff, M~y: Approved By: Walter Fehst, City Manager Date of/~touncil Action Attachment to Change Order No. 1 City Project No. 0302 Page 1 Owner: Contractor: Project: City of Columbia Heights Midwest Asphalt Corporation 2003 Street Rehabilitation - Zone 6B Description of Changes: The City requested the following work: · Item No. 1: Extra common excavation Remove existing soft native clay soils to an additional depth of 6" to 18", as directed by the City Engineer. · Item No. 2: Extra class 5 or 7 aggregate base Place aggregate base in the excavated area to strengthen the subgrade. Item No. Item Description Unit Quantity Unit Price Total Price Extra common excavation (LV) C.Y. 1,933 $ 6.15 Extra class 5 or 7 aggregate base Ton 2,626 $ 9.45 1 $11,887.95 2 $ 24,815.70 $ 36,703.65 FUNDING SOURCES: Assessment Infrasmacture Fund $ 22,022.20 $14,681.45