HomeMy WebLinkAboutContract 1779
Ill'?
CHANGE ORDER NO.1
Project: 2004 Street Rehabilitation
Owner: City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421
City Project: 0402
Date ofIssuance: October 4, 2004
Contractor: Midwest Asphalt Corp.
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
CHANGE IN CONTRACT TIME
Original Contract Price:
Original Contract Time:
$ 1,562,851.49
Previous Change Orders No. _ to No._
$ None
Net Change from Previous Change Order:
Contract Price Prior to this Change Order:
$ 1,562.851.49
Contract Time Prior to this Change Order:
Net Increase of this Change Order:
$ 181,890.30
Net Increase (Decrease) of Change Order:
Contract Price with all Approved Change Orders:
$ 1,744,741.79
Contract Time with Approved Change Orders:
N/A
Approve
By:
APProb.
/~-z:Z~
v v f/
Date of Council Action
f~~ 5/0'1
Walter Fehst, City Manager
Attachment to Change Order No.1
City Project No. 0402
Page 1
Owner:
Contractor:
Proj ect:
City of Columbia Heights
Midwest Asphalt Corporation
2004 Street Rehabilitation - Zone 7 A
Description of Changes:
The City requested the following work for preparation of pavement construction and for sidewalk construction in Zone 7 A:
. Item No.1: Extra geotextile fabric
Install geotextile fabric as a separating layer between the native clay soils and aggregate base.
. Item No.2: Extra common excavation
Remove existing soft native clay soils to an additional depth of6" to 12", as directed by the City Engineer.
. Item No.3: Extra class 5 or 7 aggregate base
Place aggregate base in the excavated area to strengthen the subgrade.
. Item No.4: Extra hazardous and other sidewalk removal and replacement
Remove and replace walk as requested by propeliy owners (assessed to owner) and other walk, hazardous and
non-hazardous, as needed for construction.
Item No. Item Description Unit Quantity Unit Price Total Price
1 Extra filter fabric S.Y. 11,890 $ 0.95 $ 11,295.50
2 Extra common excavation (CY) C.Y. 4,610 $ 10.95 $ 50,479.50
3 Extra class 5 or 7 aggregate base C.Y. 4,610 $ 18.55 $ 85,515.50
4 Remove and construct sidewalk S.F. 3,293 $ 3.60 $ 11,854.80
$159,145.30
FUNDING SOURCES:
Assessment
$80,309.65
Infrastructure Fund
$ 78,835.65
The City requested the following work for preparation of pavement construction to repair the pavement damaged by the
water main break on Fillmore Street:
. Item No.1: Extra common excavation
Remove existing soft native clay soils to an additional depth of6" to 12", 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.
1
2
Item Description
Extra common excavation (CY)
Extra class 5 or 7 aggregate base
Unit
C.Y.
C.Y.
Quantity
94
94
Unit Price
$ 10.95
$ 18.55
Total Pri ce
$ 1,029.30
$ 1,743.70
$ 2,773.00
FUNDING SOURCES:
State Aid Maintenance Fund
$ 2,773.00
Attachment to Change Order No.1
City Project No. 0402
Page 2
The City requested the following work for utility construction in Zone 7 A:
. Item No.1: Gate Valve and Box
Replace gate valve on 40th Avenue, west of Jackson Street. The existing gate valve was leaking.
Cut-in gate valve on Van Buren Street, 39th Avenue to 40th Avenue. A gate valve was added mid-block.
. Item No.2: Sanitary Sewer Service
At some locations on Quincy Street and Van Buren Street, the sewer service pipe was above the water
main. This was not typical construction and the pipe conflicted with the water main replacement.
Additional pipe was needed to repair the sewer services.
. Item No.3: Catch Basin
An additional catch basin was added at the intersections of Jackson Street and Van Buren Street at 39th
Avenue.
. Item No.4: Stop Box Repair
Property owners were given the opportunity to repair the stop box on their water service when it was
found to be inoperable. (Assessed to owner.)
. Item No.5: Sewer and Water Service
Property owners were given the opportunity to install sewer and water services to the property line. This
is typically done on vacant lots. (Assessed to owner.)
Item No. Item Description Unit Quantity Unit Price Total Price
1 Gate valve and box Ea. 2 $ 1,645.00 $ 3,290.00
2 6" PVC sanitary sewer service L.F. 130 $ 31.30 $ 4,069.00
3 2' x 3' CB type X with casting Ea. 2 $ 1,138.00 $ 2,276.00
4 Repair stop box Ea. 10 $ 430.00 $ 4,300.00
5 Install sewer and water services Ea. 2 $ 2,770.00 $ 5.540.00
$ 19,475.00
FUNDING SOURCES:
Water main Fund
$ 3,290.00
Sanitary Sewer Fund
$ 4,069.00
Assessment
$ 10,978.00
Infrastructure Fund
$ 1,138.00
TOTAL CHANGE ORDER 1
$ 181,393.30
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by
MINNESOTA (OWNER) and
(CONTRACTOR).
and b. el;ween the CITY~4)F COLUMBIAqAtE!GHTS,
OWNER and CONTRACTOR~ in consideration of the mutual covenants set forth herein~
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:
2004 STREET REHABILITATION, ZONE 7A
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
CITY PROJECT NO. 0402
STREET RECONSTRUCTION
WATER MAIN
STORM SEWER
SANITARY SEWER
ALTERNATE 1
· SANITARY SEWER ON JACKSON STREET
ALTERNATE 2
· STORM SEWER PIPE
ALTERNATE 3
· RESIDENTIAL CONSTRUCTION
ALTERNATE 4B
· OPEN CUT CONSTRUCTION
ALTERNATE 5
· OPEN CUT CONSTRUCTION
20
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS'
ENGINEERYNG DEPARTMENT (ENGINEER), who is to act as OWNER's representative,
assume all duties al~d responsibilities, and have the rights and authority assigned to ENGINEER
in the Contract Docttrnents in connection with the completion of the Work in accordance with
the Contract Documents.
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 September 3, 2004,
and completed and ready for final payment in accordance with Paragraph 14.07 of the
General Conditions on or before October 1, 2004.
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
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 9.07 of the General Conditions. Unit
prices have been computed as provided in Paragraph 11.03 of the General
Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR's Applications for Payment on or about the fifteenth
day of each month during performance of the Work as provided in Paragraphs
6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the schedule
of values established as provided 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 including but not
limited to liquidated damages, 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 additional
retainage; 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 detennine in accordance
with Paragraph 14.02.B.5 of the General Conditions and less 5% of
ENGINEER's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the
certificate of Substantial Completion.
22
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with
Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions
shall bear interest at the rate of 6% per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents
and the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied
as to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and
local Laws and Regulations that may affect cost, progress, and performance of the
Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions
and (2) reports and drawings ora Hazardous Environmental Condition, if any, at the
Site which has been identified in the Supplementary Conditions as provided in
Paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for doing 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 any specific means, methods, techniques,
sequences, and procedures of construction expressly required by the Bidding
Docnments, 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 Work as indicated in the Contract
Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
24
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
The Contract Documents consist of the following:
1. This Agreement (pages ~":d to ~7, inclusive).
2. Performance Bond (pages ''~ ~) to 2 ~ , inclusive).
3. Payment Bond (pages .,~c0 to ~//, inclusive).
Other Bonds (pages __ to __., inclusive).
Conditions (pages /' to ,//'/, inclusive).
General
Supplementary Conditions (pages¢~--'' to ~--~]), inclusive).
Specifications as listed in the table of contents of the Project Manual.
o
Drawings consisting of a cover sheet and sheets numbered 1 through
36, inclusive, with each sheet beating the general title Zone 7A and
the City Project Number.
Addenda (numbers / to __
., inclusive).
10.
Exhibits to this Agreement (enumerated as follows):
a. CONTRACTOR's Bid (pages ./'O ~ g7
to , inclusive).
11.
b. Documentation submitted by CONTRACTOR prior to Notice
of Award (pages to __., inclusive).
J ' .
The following which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
Notice to Proceed (pages
Work Change Directives.
Change Order(s).
to , inclusive).
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 3.04 of the General Conditions.
25
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General
Conditions and the Supplementary 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 maynot be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under the Contract
Documents.
10.03 Successors and Assigns
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 close 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 effective on/~., oct/ ,2004 (which is the Effective Date of the
Agreement).
/
OWNER:
Walter Fehst, City Manager
¢ 'JulienneWy~°ff'I~l'-24Y°r (~L}
[CORPORATE SEAL]
Attest:
Title:
Address for giving notices:
CONTRACTOR:
Midwest Asphalt :Co poratlo
Title: Blair B. Bury, Vice President
[CORPORATE SEAL]
T!tle:
Address for ~hng 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 apphcable)
Agent for service of process:
Designated Representative:
Name:
·
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to
sign.)
Designated J~epresentative:
Title: ~-dY/2 ~ /'7/]/'7~/L-~
27
NOTICE OF AWARD
Dated May 28, 2004
TO:
ADDRESS:
CONTRACT:
Project:
Midwest Asphalt
5929 Baker Road
Minnetonka, MN 55345
2004 Zone 7A Street Rehabilitation Project
Street Rehabilitation
City Project No.: 0402
You are notified that your Bid dated May 20, 2004 for the above
Contract has been considered. You are the apparent Successful Bidder and have been awarded a
Contract for 2004 7A Street Rehabilitation Project.
The Contract Price of your Contract is One million, five hundred sixty two thousand, eight
hundred fifty_ one dollars and 49/100 ($1,562,851.49).
3 Copy of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. Drawings will be delivered separately or otherwise made available to you
upon request.
You must comply with the following conditions precedent within fifteen days of the date of this
Notice of award, that is by June 14, 2004.
Deliver to the OWNER 3 fully executed counterparts of the Contract Documents.
(Each of the Contract Documents must bear your signature on page 24 of the EJCDC
Standard Form of the Agreement.
Deliver with the executed Contract Documents the Contract security (Bonds) as specified
in the Instructions to Bidders (Article20), and General Conditions (Paragraph 5.01) and
Supplemental Conditions (Paragraph SC-5.01).
EJCDC No. 1910-22 (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General
Contractors of America and the Construction Specifications Institute.
3. (List other conditions precedent).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid in default, to annul
this Notice of Award and to declare you Bid security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one fully executed counterpart of the
Contract Documents.
(AI~TI~RIZED~UR~) \
(TITLE~.~ 1, --
PERFORMANCE BOND Job 24625
Any singular reference tO Contractor, Surety, Owne~; or other pa~y shah be considered plural where applicable.
CONTRACTOR (Nmme ~nd Addze~):
Midwest Asphalt Corporation
P..O.-Box 5477, Hopkins, MN 55343
OWNER (Name and Adding):
City of Columbia Heights
637'38th Avenue N.E.
Columbia Heights, ~ 55421-3806
CO~~
D?m: May 24, 2004·
~t: $1,562,851.49 ONE MILLION,
Desertion ~e ~d Location):
SURETY(NmmeandAd~e~ of Priuc~alPhceofBusinesa):
TRAVELERS CASUALTY AND SURETY COMPANY OF APfERICA
One Tower Square, 13CZ, Hartford~ CT 06183-6014
FIVE HUNDRED SiXTY-TWO THOUSAND,
2004 Street Rehabilitation, Zone 7A
City Project No. 0402, Columbia Heights, MN
EIGHT HUNDRED FIFTY-
ONE AND 49/100 DOLLARS
BOND
: Bond Nm-nben 104306377
Dat¢~qoteazHcr~h~-Con~actDatO: May 25·, 2004
Amount: $1,562,851.49 ONE MILLION, FIVE HUNDRED SIXTY-TWO THOUSAND, EIGHT HUNDRED FIFTY-
Ndne
Modificatiorm to this Bond Form: .. ONE AND 49 / 100 DOLLARS
Surety and Con,tractor, intending to be legally bound hereby;, m~bj ect to the te£ms printed on the reverse side hereof, do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL sUi~Ty
CQmpany:Midwest Asphalt Corporation ':
...
(Seal)
iNazn~ and Ti~.'
Blair B. Bury, ViceP sident
(Space is provided below for signatures of additional
parties, if requited.)
CobrrKACTOP, AS PRINCIPAL
Company:
TRAVELERS'cASUALTY AND. SURETY COMPANY OF (Seal)
Surcty's~am~c?d Corpo~~_~ AMERICA
Signature and Title Linda~K.~7~qF~ench,
(ARachPowerofA~omcy) Attorney-in-Fact
. w t .s
Signature and'Title ~ Rac'~el Thomas,
Surety Account Rep,
SUiLETY
Signature: (Seal)
Name and Title:
Surety's Name and Corporate §eal·
By/
Signature and Title
(Attach Power of Attorney)
Attest;
$ignatm:c and Title:
EJCDC No, C-gl0 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of Ameri.ca, Engineers Joint Contract Documents Commltlce, the Associated Genera[
Contractom of America, and thc Anlerica. Insti~t,/e of Architects-
28
i, Contractor and Surly, ~o;ntly and ~v=ralJy, bind Ihem~Ives, their ~,
Coo~act, whi~ fa in~tcd h~ ~ ~crcn~
2, ~ ~0r ~ ~e Contact, S~ty ~ Con.tier
s~h n~ to d{~%~ m~h~ of ~ffo~Jl}g the C~acL If
time ~ ~ ~ Con~ ~ ~ ~ ~m~t ~1 not ~ive
Con~or'$ ri~I to co~lete Ihe C~cI. 8u~ Conl~cto¢ ~fau]t
not ~ d~l~ ~li~ ~ ~ ~ys ~er Con~ctor ~d 5ure~
rm~ n~ ~ p~d~ M Pm~h 3.1; <d
2, ~er c~ter ~ p~t to P~ 4,~ IO ~rfO~ the
COtI~CL
at S~s ~ ~ ~ of~ follo~g
Arrange for Contrm:tor, with con.Tent of Owner, to perform and ,complete
Ibc Com:ra~ cr
iL AR=r Owner has terminated Cenrn. clOr'S Hghr ~ complete ~c Con~a~ ~ if
Sur~ to ~er RMll ~ ~ ~tar ~= th~ of Con~or ~ ~c C~ ~
~ ~mib~ of~ to S~W s~l] not ~ ~ter ~ ~ or~r U~cr
~ ~nwacL To a l~it of the mo~t of this ~, but subject tn commi~cnt by
~ oflhe BaL~c~ o~ Con~l Pr~e lo initiation of~ ~d ~ag~ on ~c
C~ct; Su~ly ~ obl/~al~ ~lhout dupli<tiOn for:
complc~ of ~C Con~
AddMo~ [~ ~i~ ~f~ionaI, and d~y c~ ~ulting fi'om
ConWd=to~a ~ult, ~d ~t]l[ng from ~e ac~o~ br ~l~c to ~ of
Sur~ ~d~ Pa~ph 4; and
7. Su~ly ~11 nm ~ Eablu Io O~ or c~e~ for obligations ofCon~ ~ ~c
~ often a<~t of rely auch ~re~ ~li~ No fi~t of a~ion ~hall u~, On
· ~ e~d to ~y ~ or cnfi~ e~ ~ ~ or i~ hei% executors,
g. gur~ he~y walv~ n~i~ of~y c~, inclu~g ~g~s o~ to
9. Any preceding, legal or eqtdtable,'urk-'~er thL~ l~and mayhe instituted M ~ co~
of c~tem jufis~c~an M ~ l~on in wMch ~e Work or ~ of ~ Work is
l~t~ ~ ~1 ~ ~t~ ~ ~ y~ n~er ~n~or ~aul~ Or wifl~in two
~ n~ C~ c~ w~g ~ ~n two ~m a~ Sure~ re~ or ~s
I0 ~fO~ J~ ~];~liO~ u~r ~;S ~ ~hic~ver ~cu~ fi~ lf~c pro~ of
~i~ ~ ~ yom or proh~i~d ~ ~w, ~c ~ ~ of ~itUtion
a~hblc m ~ ~ a ~fc~c ~ ~c~ of~e ~it aha]l ~ a~li~bl~
a.2. U~demke lo perform ~nd complae the Con~er i~l~ fl~ough ils agenB
or fllm~ hdc~n~t ~mo~; or
4,3, Ob~ ~ds or n~ofim~ p~ ~m qmMifi~ cO.~mC~0~ acc~abl~
I0 ~ for a eont~ f0¢ ~rfO~ ~ c0mpl~0n of the C0n~cL
arr~ for a ~n~t m ~ prel~
to ~e ~i i~d on fl)e Con~
~g= ~ d~n~d in P~h G in -~ of ~c ~co of ~c
Con~ ~ ~ ~ ~
Waive ~ ~t to ~o~ ~d comp~t~ a~ge
a new ~tor ~ ~ r~lc
I, ~ inv~i/~t{~, dete~i~
~ ~ ~ soon ~ ~c~lc a~ ~c m~t h dct~M~
t~ pa~t ~cfor to O~c~ or
2.D~y Habiliw in whole or ~n
~for.
5. If Surety dei--s not proceed as prey/deal in Paragraph 4 with reasonable promptness,
Surcty sh~l bc d~..mcd to bc in defau.k on th/s Bond 15 da~ after rc~elpt of an
additional writtcn ncalce from Owner to $urrAy dum,'mdlng lhal Su~ty perform
oblJlw, rions under th~s Bond, and Owner .altall be entitled *to enforce any remedy
awlhblc to Owner. If Suruty procccc~ ~ prey{deal in Para.apb 4,¢, trod Owner
rcfua~ thc payment t~ndereyt, or Surety h,~ denied liability, ~ whole Or in
pun, w~hout fur;her noiie¢ O~aar ahall Be entitled to enforea any ~medy available lo
O~mer.
l 0. 'Notice to Surety, Owns', or Conttm:tor shall he mailed or dcl~ to ~c ad~
sho~ on ~ si~c
11, ~ th~ ~dh~ ~ f~h~ lo comply wifl~ as~to~ r~uir~t M ~c
]~ati0n wb~ the C~lr~t ~ IO ~ ~onn~ ~y pro~ion ~ ~h '~d
conflicting ~ ~id $~to~ requirement s~I1 ~ d~ dclct~ h~c~ ~d
~ ~e~g to ~ ~to~ ~t shah ~ ~med i~o~rat~
he~, ~e ~I~L i$ I~1 ~ Dond s~al] ~ ~ ~ m mto~ ~nd ~ not ~ a
common law ~.
~ace Of the Co.mt ~[c~ ~ lo~ ~o=t p~lc by ~ to
Con~t~ ~d~ ~c ~n~ ~ ~ proper ad~u~ hav~
m~, ~clu~g ~cc to C~clor Of~y amounks ra~v~ or
r~v~ by 0~ ~ s~H]e~ent o~ i~u~ or o~ C~ for
to which Con~ior {s cn~c~ ~u~ by MI ~d ~d pr~ pu~
~do to or on ~f of~u~or ~d~ ~hu
] Z2. Conlm~ ~e a~ent b~ ~ ~d C~ua~or {d~fifi~
~v~mr Def~u FaiI~ of ~, which h~ nei~er
~ nor ~ to ~o~ or oth~ae W comply with ~e te~ Of
&e C~,
12.4. ~ ~f~k: FEI~ of ~, which ha~ ngilher ~e. ~ied nor
~{v~, to pay Con--or ~ r~ui~ b~ the Can~ or to ~o~ ~d
cOmp]~ or ~o~ly whh the Oflmr ~
FOP. INFORMATION OlqLY- Hame, Address and Telephone Agent: Cobb Strecker
Surety Agency or Broker 150 S. Fifth St., Suite 2000, Mpls,. MN 55402
Owner's Respresentatlve (engineer or oth~r party)
Dunphy & Zimmermann, Inc.
612.3~9. 2400
City of Columbia Heights Engineering Dept. (Engineer)
29
MWA Job 24625
PAYM~INT BOND
Any ~ingula~ reference to Comt~actoz, Suzety, Owner, or other party shatlbe ¢o~mid~rcd plural where applicable.
CONTRACTOR 0qamc and Addrcs-~}:
Midwest .Asphalt 'Corporation.
P.O~ Box 5477, 'Hopkins, MN .55343 One Tower Square~
OW]q ~EK ~e ~ Ad~):
City of Columbia Heights
637.38th Ave. N.E., Columbia Heights, ~ 55421-3806
CO~~
Da~e: May 24, 2004
~o~: $1,562,851.49 ONE MILLION, FIVE H~D SIX~-~0
Des~fion~am~uad~cafion): 2004 Street Rehabilitation, Zone
City Project No. 0402, 'Columbia
.SURETY(NamcandAddressof.x>finc[p~P~ceofBus~ess):
TRAVELERS CASUALTY AND SURETY CO~ANY OF AMERICA
13CZ~ Hartford, CT 06183-6014
THOUSAND, EIGHT HUNDRED FIFTY-
7A ONE AND 49/100 DOLLARS
Heights, MN
BOND
Bond lqumber: 104306377
D-~m fNot caxlicr*~.~= Contract D~lc): May 25, 2004
Amount. $1,562,851.49 ONE MILLION, FIVE HUNDRED
Modifications to this Bond Form: None
SIXTY-TWO THOUSAND,
EIGHTHUNDRED FIFTY-
ONE'AND 49/100 DOLLARS
Surety and Contractor, intending to be legally bound hcr,'b~, subject to the ~enms printed on the reverse s~d~ hereof, do each ca~s~ t~s
payment Bond to t~: duly executed on its l~half by its author/zed officer, agent, or repre~entat/vc-
CO1N'TRA.CTOP,, AS PRINCIPAL
.Corr~any: .~.)est Asphalt Corporation
Signature: Title; ~
lqam~ aud
(Space /s provided below for signatures of additional
parties,/fr~quirecL)
COlqTRACTOK AS PR_IN,AL
Company:
(Seal)
$igrmtm, c'.
~ame and Title:
SURETY
TRAVELERS cASUALTY AND SURETY COMPAI, IY 'OF (Seal)
(Attach Power of Attorney)fat t~rney-in-Fact
Sig~mms~ an~/.Title ~ae~l Thomas,
Surety Account Rep.
S~TY
S~ety's Name and Corporate Seal '
By:
Signature and Title
(Attach Pow~ of Attorney)
(seal)
Attcsb..
Signature and T~flc:
F~ICDC No. C-filS (2002 Edition)
Origlnnlly prepared through the Joint effort~ of the Surety A.~.~ocladon of Americ% Engineers Joint Contracl Doaumeut5 Committee, the Assocla/ud General
Conteactor~ of America, thc Amcrlcan In~tute of ArchJiecl~ Ibc A~t~er~cao S~b¢ontractoes A.~sociation, and thc Associated Specialty Contractors.
3O
t. Contractor and Surcty, jointly and sevurully, bMd themselvc,, their heirs.
c'xcculor~, adm~is~to~, suc~, ~nd assi~s ~n 0~ ~ pay for
materials, ~d cqu~nt ~ish~ ~ CI~ for U~ In ~e ~ffo~ncc of
thc Cmmc~ w~ch ~ ~c~mt~ h~e/n By r~ercncc.
2. With r~p~m ~, ~i~ oblivion ~kall be noll and void ifCon~cl~
2.1. ~o~tly ~ pa~t. di~lly or ing{rc~ly, for all ~u~
demand,, li~,, or su{m aile~g n~-pa~t By Con, clot by
any clai~, d~ds, li~. or su[~ ~d tmd~ d~ensc of such
cl~, d~ds. gem. or milts to C~mt~ ~d Surety, ~d pmvid~
~h~c is no ~ ~faulL
prompt~m ~¢ d~fly ~ ~d~tly, for og su~ due.
4, ~u~ shall have no oblivion m Cl~i~ ruder ~[s Bo~
4.1. Oaf~B ~o ~c ~to~ by ~ have a di~ contact ~th
Pm~ph 12) ~d ~t a copy) or nofiu~ ~f, In Owner, ~ng
4.2. Clai~nl~ ~o do no~ have a di~t e~ct M~
I, HaY, ~mJ~hcd ~n no~ to C~ct~ ~d ~l a copT, or
~mlsh~ or ~E~ or for whom ~hc lair ~ dono. or
· 2. ){ave ~i~ved a ~jec~ion in ~hola or {n ~ ~om Con~Ctor,
~ linc ~=cc~cd ~ 30 ~ of fm~s~g ~e ~ve noO~ any
com~ fm Con~ctor by which C~ ~d
~c claim m]! ~ paid ~y or ~d~fly; ~d
3. Hot havi,gb~ ~id ~in ~ ~u 30 da~, ~ve s~t a ~mn
nod~ to S~¢ ~d stat a copy, ~ ~o~ee ~er~f. to ~, s~ng
that ~ Elal{~ is be{nd md~ ~d~ ~is gond ~d ~c]~ing a copy of
the p~o~ ~ttm not{~ furnished to Con~uctor.
5. If a noE~ by a Ch~[ ~ui~ by Pam~aPh 4 is p~d~ by ~ to
Cou~ctor or to S~rc~, t~t fs suffi~t co~ce,
~len a ~a{~t ~m sad~ ~ c~difions or Pa~ph 4, ~¢ Surc~ shall
pm~tly ~d ut Story's ~ take ~c ib]]oMng
atl~r r~u~t oF ~ c{~m, s~g ~e a~oun~ ~{1¢~ arc ~di~d md
· e b~is for c~ll~n8 ~y amo~ ~t m di~Tuiud,
6~, Pay or ~nge ~or pa~n~t of~y ~di~u~d am~.
Sure~s Intel obligation ~ha]l not exc~ ~u mount of tiffs Bond, and thc
a~t uf this ~nd skil bu ~i[ed for any pa~cn~ nmde ~ 8~d fu{~ by
Sure~,
g. AmmO; owed by Ov~er tO Contractor under the Contract shall be u.,~-d for
the pcrformancc of the Contract and to satist¥ claim.v, if any, undcr any
performanm: bond. By Contractor furnish-hag and Owner ~cecptlng thix Bond, -
they agree dmt all funds e~med by Contractor in thc pcrforrmmcu or' ~e Contruct
arc dcdicatexl to satis£y obligations of Contr~mor and Surety under this Bond,
a'ub~l:t to Ovmor~$ p~or/q/to usc thc fi.rods/'or the Cor~rp]¢[jon of thc Work.
9. Surety shall not be liable In Owner, Cia[mints, or others for obllgatior~q of
Contractor that am unrelated to the Contrm:t. Owner shall not be liable for
payr~llt of any costs or expera~ of any Claimant under this Bond, al~d shah
have under this Bond no obligations to mak,- pa~tS to, gjvc notic~ on behalf
o£, Or otherwi~ have obligations to Cla~rnanO; under this Ben&
10. Sur~-ty hereby waives notice ofa~y change, including challgcs of time, to the
Contract or to related Subcontract% purc:haz~ orders and other obligations.
1 1. No suit or antlon shall bo commenced by a Clainmm under this Bond other
than in a court of' competent juriedictlon in thc locadon in which the Work or
tmrt of tim Work is kmated or after ibc expiration of one year from 'the da~ (])
on which the Clairrla, t gave the notre rcquiza~l by Paragraph 4.1 or Paragrirph
4,2.3, or (2) on which the hist labor or $ervicc was l~.-rformed by anyone or thc
],~s! meleriala Or equipment wcrc furnished by anyone under the Constrm:fion
Contract, whichever of (I) or (2) first occurs. If the 17mviaons of this paragraph
are void or prohibited by law, the mi;ah-nm l:~5od of limitatlen availabl= to
sor~tie$ az a defense in the juri~di~tlon o£ the suit shall b~ appllcublc,
12, ~lotice to Sure~, Owner, or Contractor Sll~a]l bc rnailed or d~livered to the
addr~-_,.s~ shown on tI~ sip$1at~rc l~age. Actual receipt of not{co by Surety,
Owner, or Con,-actor, how~:ver scrim'Relished, shall bc nutriment complim~c¢ as
of the dat~ r~u4v~l at the address shown on the ali,mature page.
13. V/hem this Bond ha~ beerl furnished to comply with a statll~ory requirement
in the location wherc thc Contra,,t was to be performed, any ixo,.4gon in this
Bond conflicting with said Shq~tory Imqul-cm'nent shall be dccmcd deleted
hm-~iTmm and provisions conforming to such statutory rcqulr~ment shall be '
d~nlcd incorporated h~4n. The illtent ~ that this Bond shaJl be construed az a
statutory Botld ,'md not az a common ]aw- bond,
14. Upon ruqu~t 0£any person or entity appem-ing to be a p~Iential bene.fiuiary
of this Bond, rdontramor shall promptly furnish a copy of this Bond or shall
permlt a copy to he nlade. ~
15. DF-.FINITIONS
15.1. C,21ah-rmnl: .,'m individual or entity having a direct contract x~ith
Co~lo'aetor, or with a fir~t-lier s0'b~oiltr~ctor o£ Conb-u~ior, to furnish
labor, rrmterlals, or cquipnaent for usu in the performance of the
Contract. The intent o£ this 13~nd shall be 'to include without lhnitation
in the terms "labor, materials or ~qulpment" that part at' water, Was,
power~ light: heat, o{l~ gasoline, telephone .sereieu, or rental equipment
used in the Contract, architectural and engineering services rcqulmd for
performan¢~ ur the Work oF Contractor and Colltractor's
Subcontractors, and all other items for wh/ch a mechanic's llen may be
aSsmed in the jurlsdict~oa where tl'm~e labor, mater'ia]s, or equipment
were furnished.
15,2. Contract: Thc agreement bct',,vuc-m Owner and Cone"actor identified on
th~ algnattrre page, hlc]udlng all Cool:mci Documents and chang=
thereto.
15,3. Owner Default: Failure orown~r, which h,~.elther bem~ remedied nor
waived, to pay Contractor as mquiw, d by the Contract or to perform md
complete or comply with the other tm'ms thereof.
lFORIN1VOI~YIATIONONLY-1Wam~ Addrc~s amdTdcphune Agent :' Cobb Strecker Dunphy & 'Zimmermann, I~c.
Sar~VAx~=cyor~ro~: 150 S. Fifth St., Suite 2000, M is. MN 55402 612
Owner)s Ilepreserl~atlve (engineer or other party): P , · 349. 2400
City of Columbia Heights Engineering Dept. (Engineer)
31
ACKNOWLEDGMENT OF CORPORATION
State of MINNESOTA
County of HENNEPIN
SS.
On this 25th, .. day. of May ,2004 before me appeared
to me personally known, who, being by me duly sTM did sa/that (s) he is/are the --~.~r~,~ ~. _ .p~25..~.~_.~z:~.~r.f~_~.'~ of_
Midwest Asphalt Corporation , a corporation, that the seal affixed to the forgoing instrument is the
corporate seal of said corporation,
(If no seal, so state, and strike out above ~t.o ~rpomte seal) and that said instrmment was executed in behalf of said corporation by
authority of its Board of Directors; and that said ~.~.(~2,~,,.jj< ) pr'~ ~,~..,.~.~/ acknowledged said instrument to be
the free act and~,~,,deed of said corporation. ' ~ ~ /
· ~f U" C0mmtssion Ex-Ires Jan 31, 2005 ¢ Notary Publi.c ~.{~.~,~, ./. County, /~f/'~-z-~.~..~
ACKNOWLEDGMENT OF CORPORATE SURETY
State of MINNESOTA
County of HENNEPIN
SS.
Onthis 25th,' dayof May ,20 04, before me appeared Linda K. French
to me personally known, who being by me duly sworn, did say that (s)_he is the Attomey-iniFact of TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said
corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said
Linda K. French acknowledged said instrument to be the free act and deed of said
corporation.
County,
My commission expires
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Bruce N. T~lander, Donald R. Olson, Gary S. Soderberg, John E. Tauer, John P.
Marfinsen, Linda K. French, Mary L. Charles, R. Scott Egginton, R. W. Frank, of Minneapolis, Minnesota, thek true and
lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the
United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity,
and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident
thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of
the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby rat/fled and confmued.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all..or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in
writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice
President or any Vice President, any Second Vice President, the Treasurer, any Assistant TreasUrer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of~the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified b y such facsimile signatum and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 7th day of January, 2004.
STATE OF CONNECTICUT
} SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
George W. Thompson
Senior Vice President
On this 7th day of January, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 25 th, day of
l*lay ,20 0.4
By
Kori M. Johanson
Assistant Secretary, Bond
Travelers
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
'On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which-the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with'this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium.
under the Act, in.surers are reqUired to provide coverage for
certain losses caused by international acts of terrorism as defined
in:.the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does' not reSult in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
Contractor's Business Name:
Address:
Phone No:
Fax No:
BID FORM
PROJECT'IDENTIFICATION: , 2004 STREET REHABII~ITATION
CITY PROJECT NUMBER 0402
10.'00 A.M. - Tuesday, May 18, 2004
This bid is submitted to:
CITY OF COLUMBIA HEIGHTS
637 - 38TM AVE~ NE
COLUMBIA HEIGHTS, MN 55421
The undersigned BIDDERproposes and agrees, if this Bid is accepted, to enter into
an agreement with OWNER on 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 Contract time indicated in this bid and in
accordance with the other terms and conditions of the Contract Document.
BIDDER accepts all of the terms and conditions of the Advertisement or Invitation
to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for
sixty (60) days after the day of Bid opening. BIDDER will sign and submit the
Agreement with the Bonds and other documents required by the Bidding
Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF
AWARD.
In submitting this bid, BIDDER represents, as more fully set forth in the Agreement,
that:
10
(a) BIDDERhas examined copies of all the Bidding Documents and of
the following Addenda (receipt of all of which is hereby acknowledged):
Date Number
(b) BIDDER has familiarized itself with the nature and extent of the
Contract locahty, and all local conditions andlaws
ty affect cost, progress, performance or
(c) BIDDERhas
orts and drawings of subsurface
identified in the
4.02 & 4.03 of the
4.02 , al
on Which BIDDER is entitled
to rely.
(d) BIDDER has obtained and carefully studied (or assumes
res[ t all such examinations,
(in additionto or to supplement
tho,, above) which pertain to the subsurface or physical
conditions atthe 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 atthe Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically theprovisions of Paragraph 4.02 & 4.03 of
the General Conditions; and no additional examinations, investigations,
explorations, tests, reports or similar information or data are or will be
required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar
information or data in respect 'of said Underground Facilities are or will be
required by BIDDER in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of Paragraph 4.04 of the General Conditions.
11
(f) BIDDER has correlated the results of all such obserVations,
examinations, investigations, explorations, tests, reports and studies with the
terms and conditions of the Contract Documents.
(g) -BIDDER has given ENGINEER written notice of all conflicts,-
errors, discrepancies that it has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable fo BIDDER.
(h) This Bid is genuine and not made in
with any agreement or rules of
: submitted in conformity
or
licited any
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 TI-I~E
PRICE(S):
(See Attached Pages 13 through 16)
WORK
FOR THE FOLLOWING UNIT
Quantities are indicated for the convenience of the Bidder. Final Payment will be
based on actual quantities.
12
BID PROPOSAL FORM
CITY OF COLUMBIA HEIGHTS
2004 STREET REHABILITATION - CITY PROJECT NUMBER 0402
No'.
1
7
8 ~¢
11
; alley
13 >itUminous driveway
14 RemO~e Water main
15 Remove hydrant lead inc. valve and box
16 Remove Water main gate valve and box
17 Remove Water main reducer
18 Remove sewer pipe
21
(CB)
22 Remove sanitary MI-I outside drop
23 wall
24
25 S
26 Mill bituminous pavement
27 Salvage hydrant
28 Salvage MH casting
29 SalVage chain link fence
30 Temporary water service- Quincy
31 Temporary water service- Jackson
32 Temporary water service- Van Buren
33 8" DIP water main-Cl. 52
34 6" DIP water main or hydrant lead-C1. 52
35 8" Gate valve and box
36 6" Gate valve and box inc. hydrant valve
37 Hydrant
38 Water main fittings
39 Offset 6" water main '
40 1" Corporation
41 1" Type K copper pipe
Unit Ouanti_ty Unit Pr/ce
L.S. 1 ,5'co, ~ $
L.S,
Inch $
Amoullt
S.Y.
S.Y.
S.Y.
L.F.
L.F.
Ea.
Ea.
L.F.
Ea.
Ea.
Ea.
Ea.
L.F.
L.F.
L.F.
Ea.
Ea.
L.F.
L.S.
L.S.
L.S.
L.F.
L.F.
Ea.
Ea.
Ea.
Lb.
Ea.
Ea.
L.F.
S.F. 190
S.F. 3,394
S.F. 5,037
S.F. 15,761
S.F. 23
S.Y. 24,738
1,954
15
79
3,818
88
12-
25
1,940
15
75
26
605 ~fO
1,425 $ .,~//o $
1,486 $ .~t/'o $
236 $
11 $ Or'rPO, o~ $
2o $
390$
1 $ ~,~ $
$ $
3,838 $
1,933 $
0 c/lb; O0
13
No. Item Unit 0uantity
42 Recom~ect service Ea. 138 $
43 l"Curbbox Ea. 91 $
44 l'~Curb stop Ea. 91 $
45 ]Replace curb box or curb stop Ea. 4
46 ]Relocate curb stop and box Ea. 3 $
47 8" DI~ sanitary sewer L F. 20 $
48 8" PVC sanitary sewer L.F. 136 $
49 48" Sanitary MH With casting Ea. 1 $
50 ReconStrUct sanitaryMlt outside drop Ea. 2 $
51 RecOnstruct sanitarY MH top Ea.
Unit Price Amount
$
O
54 6" PVC s
56 ReCOnnect sanitary sewer service
57 36" RCP -Class m
58 36" RCP - Class II
59 30" PE (Trenchless)
60 24" RCP- Class
61 t8" RCP - Class V
62 15" RCP - ClassV
63 15"-PE (Trenchless)
64 12" RCP - Class V
65 12" PVC
66 4" Perforated drain pipe
67 36" Concrete apron with trash guard
68 12" Concrete apron with trash guard
69 MH Type G1 with casting (84")
70 MH Type FI with casting (78")
71 MH Type C with casting (60")
72 MH Type C1 with casting (60")
73 48" CB Type Y with casting
74 2' x 4' CB Type X with casting
75 2'x 3' CB Type X with casting
76 Garden drain with casting
77 10" PVC clean out with cap
78 Modify catch basin
79 Class II riprap - grouted
80 Filter fabric
81 Granular borrow (CV) (if needed)
82 Cormrton excavation
83 Granular foundation for pipe (if needed)
84 Gramflar bedding for pipe
85 Aggregate base class 5 or 7 (CV)
86 Bituminous wear course
19 ~
Ea. 24
L.F. 261
Ea. 22 $
L.F. 160
L.F. 505
L.F. 153
L.F. 10 $ '
L.F. 151 $ ?g~
L.F. 984 $ ~--d, ~
L.F.
L.F.
L.F.
L.F.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
C.Y.
S.Y.
C.Y.
C.Y.
Ton
Ton
C.Y.
Ton
148 $ 2 ~'O, Oa
172
15
1
2
1
1
24
12,324
400
10,194
8,746
14
No. Item
87 Bituminous binder course
88 Sawed/sealed joint
89 Tackcoat
90 Concrete curb and gutter
91 Concrete cttrb
92 Concrete x-street gutter
93 Concrete alley apron
94 COncrete alley
95 COncrete driveway/apron
96 Concrete walk
97 Concretestep
98
99 Catch basin protection
100 Biobarrier
101 Tree, 2 ½"B& B Hackberry
102 Tree, 2 ½'~ B &B Crimson Sentry
103 Tree, 2 ½" B & B Black Ash
104 Transplant 3" tree
105 Sod with topsoil
Total Base Bid Written in Words
Unit Quantity U~zit Price_
Ton 3,972
L.F.
Gal. 3,1
L.F. 13
L.F. 24 $
S.F. 196 $
S.F. 506 $
S.F. 2,761 $
S.F.
S.F. 17,341
S.F. 97 $
L.F. 390 $
Ea. 26 $
L.F. 240 $ ~,~fo ,,
Ea. 4 $
Ea. 4 $
Ea. 4
Ea. 1 $
S.Y. 11,485
$ ~
Amount
$
~O
ALTERNATE 1 - SANITARY SEWER ON JACKSON STREET
Total Base Bid .............................................................
Deduct:
1 Remove sewer pipe L.F. 99
2 8" PVC sanitary sewer L.F. 60
3 6" PVC sanitary sewer wye Ea. 13
4 6" PVC sanitary sewer riser/service L.F. 39
5 Reconnect sanitary sewer service Ea. 13
Add:
1 Remove sewer pipe L.F. 697
2 8" PVC sanitary sewer L.F. 616
3 6" PVC sanitary sewer wye Ea. 27
4 6" PVC sanitary sewer riser/service L.F. 81
5 Reconnect sanitary sewer service Ea. 27
TOTAL BASE BID WITH ALTERNATE 1
Total Base Bid with Alternate 1 Written in Words
15
ALTERNATE 2 -STORM SEWER PIPE
No. Item Unit Quantity Unit Price
Total Base Bid ....................................................................... $
Deduct:
1 36" RCP - Class
36 RCP - Class II
3
18 RCP - Class V
15 RCP - Class V
5 12'' RCp- class V
L.F. 160 $
L.F. SOS $, ~/~
L.F. 984 $ ~2o $
LF. 354 $
18 HDPE L.F.
315 HDPE L.F.
412 HDPE L.F.
TOTAL BASE BID WITH ALTERNATE 2
665 $ ~Zdo $
984 $
354 $
$
Amount
418,1~b~
Total Base Bid with Alternate 2 Written in Words
ALTERNATE 3- RESIDENTIAL CONSTRUCTION
With this alternate, Columbia Heights residents located adjacent to.the construction project
may purchase or Sidewalk construction services at their request at the City bid
prices listed below. ; are to be a direct private agreement between the
s will be entitled to the same service, quality and price
as guaranteed in the
No. Item
1 Remove bituminous driveway
2 Remove concrete driveway
3 Remove concrete sidewalk
4 Remove concrete step
5 Aggregate base class 5
6 Bituminous driveway
7 Concrete driveway
8 Concrete sidewalk
9 Concrete step
Unit QuantiW Unit Price Amotmt
S.Y. 10 $ t/tge~ $ t/tS~O
100 , Y2 $
s.Y. ~0 $ 2~d $
S.F. 10 $ ~,o~ $
TOTAL BID ALTERNATE 3
Total Bid Alternate 3 Written in Words
16
o
BIDDER agrees 'that the Work will be completed as follows:
CITY PROJECT NO. 0402
STREET RECONSTRUCTION
WATER~
STORM SEWER
SANITARY SEWER
Final inspection by October 1, 2004 in accordance with Paragraph 14.06 of the
General Conditionk.
Agreement as to liquidated damages in the
on time.
The following documents are attached to and made a condition of the BID.
persons and
o
o
(b)
(c)
The contractor will complete the WOrk sequence in accordance with Division
1, Section 4, General Requirements.
AffidaVit of Non-Collusion.
Communications concerning this BID shall be addreSsed to the address of BIDDER
indicated below.
The terms used in this BID, which are de£med in the General Conditions of the
Construction Contract included as part of the Contract Documents, have the
meanings assigned to them in the General Conditions.
SUBMITTED ON: /~//~/ .~57'~- ,2004.
17
If BIDDER is:
.AN INDIVIDUAL
By
DoingBusiness As
Address
(Individual's Name)
(SEAL)
Telephone No
A PARTNERSHIP
BY
(Firm Name)
Business Address
(General Partner)
(SEAL)
Telephone No.
(Continued on next page.)
18
A CORPORATION
By Midwest Asphalt Corporation
(CorporationName)
(SEAL)
(Tit e)
f Pets
Blair . Bury, Vice President
Telephone No.
A JOINT VENT~
By
(Name)
(Address)
By
(Name)
(Address)
Each joint venturer must sign. The manner of signing for each individual,
partnership and corporation that is a party to the joint venture should be in the
manner indicated above.
19
STATE OF
COUNTY OF
AFFIDAVIT OF NON-COLLUSION:
(1)
(2)
(3)
(4)
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 onits behalf (if the BIDDER
is a corporation;
That the attached been arrived at by the BIDDER
and without an),
agreement, Understanding or planned common course of action with any
vendor of materials, supplies, equipment or services described in the
invitation to bid designed to limit individual bidding or competition;
That the contents of the bid or bids have not been communicated by the
B erson not any employee or
agent of the BIDDER, or its surety, on furnished .with the bid or.
bids, 'and will not be communicated to any person, prior to any official
opening of the bids, or bids; and;
That I have fully informed myself regarding the accuracy of the statements
made in thi~ t.
BIDS
Subscribed and sworn to before me
this ~ dag of //~ff~ ,2004.
NAME
20
ALTERNATE 4A - STORM SE1VER TRUNK LINE STA. 11+14 TO 12+62
TRENCHLESS CONSTRUCTION
Total Base Bid ....................................................................... $ ) ~ 0J./~ ~'),
Deduct:
1 15" PE (Trenchless-Invert elev 202.xx) L.F.
Add:
1 Abandon stom~ sewer pipe L.S. 1 S ~i~9(3
2 1.5" PE (Trenchless-hlvert elev 204.xx) L.F. 148 $~r~4,~-*
TOTAL BASE BID WITH ALTERNATE 4A
/ /
Total Base Bid w/th Altem.ate 4A Written in Words
ALTERNATE 4B - STORM SEWER TRUNK LINE STA. 11+14 TO 12+62
OPEN CUT CONSTRUCTION
Total Base Bid ....................................................................... $ ~, ~ g9
Deduct:
I 15"PE(Trenchless-Invertelev202.xx)L.F. 148 $ ~)~Oa (S .7~"~'~,~)--
Inch S ~
Add:
Clear and grub tree
7
10
11
12
1.3
24 $
Remove concrete walk S.F. 300 $
Remove concrete step S.F. 28 S
Salvage chain link fence L.F. 66 S
Abandon storm sewer pipe L.S. 1 $ -~/~t), ~ $
15" RCP Class V (~nvert elev 204.xx) LF. 148 $ ~,' %/_F $
Cotlcrete walk S.F. 300 $ ~7t, ~j $
Concrete step S.F. 28 $ .ff~,.d>> $
Reinstall salvaged chain link fence L.F. 66 $ /]. e~ $
Restore landscaping L.S. 1 $ ,5"~6'a $
iPine Tree, 8'-1 0' height Ea. I S z/dr~,~ $
ShFab, 24" height Ea. 5 S or'~ o~ $
Sod with topsoil S.Y. 153 $ Q.~ a $
TOTAL BASE BID ;VITH ALTERNATE 4B $
Total Base Bid with Alternate 4B Written in Words
ALTERNATE 5 - STORM SEWER TRUNK LINE STA. 7+78 TO 9+32
OPEN CUT CONSTRUCTION
Total Base Bid ........................................................................ $,}/~,,
Deduct:
I 30" PE (Trenchless) L.F. 1.54 $ 3~7~, r'~o_ ($ )
Add:
1 Clear a~nd grub tree Inch 49 $ t7/~¢ oa $
2 Remove concrete walk S.F. 112 S /}/o~ $
3 Rem.ovestom~sewerpipe L.?. 154 $ /5'~.~ $
4 30" RCP Class II L.F. 154 $ //~,o~ $
5 Con.crete walk S.'F. 112 $ ~,*}'t> $
6 Restore landscaping L.S. 1 $ d"o/& 0 ' $
7 Tree, 6" cai Ea. 2 $ ~tZgT, 0' ~ $
8 Shrub, 24" height Ea. 6 $ t;t/~ o, $
9 Trmasplant shrub Ea. 5 ~ S$
10 Sod with topsoil S.Y. 246
TOTAL BASE BID WITH ALTERNATE 5
Total Base Bid with Alternate 5 Written in Words
BID SUMMARY
TOTAL BASE BID ...................................... $
TOTAL BASE BID WITH ALTERNATE 1 ......... $
TOTAL BASE BID WITH ALTERNATE 2 ......... $
ALTERNATE 3 .......................................... $
,
TOTAL BASE .BID WITH ALTERNATE 4A ...... $
(Trenchless Construction)
ALTERNATE 4B ......
TOTAL
BASE
BID
WITH
(Open Cut Construction)
TOTAL BASE BID WITH ALTERNATE 5 .........
Project: 2004 Street Rehabilitation
Owner:
Contractor:
CHANGE ORDER NO. 1
City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421
Midwest Asphalt Corp.
Date of Issuance: October 4, 2004
Engineer: City Engineer
City Project: 0402
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:
$1,562,851.49
Previous Change Orders No. __ to No. __
$ None
Contract Price Prior to this Change Order:
$1,562.851.49
Net Increase of this Change Order:
$ 181,890.30
Contract Price with all Approved Change Orders:
$1,744,741.79
Recomm~d ~
By:
Approved By:
Julienne Wyckoff, Mayor
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
By:
(Contractor)
Approved By:
Walter Fehst, City Manager
Date of Council Action