HomeMy WebLinkAboutContract 1525 EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the CITY S,
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:
2000 STREET REHABILITATION, ZONE 4
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. 0002
STREET RECONSTRUCTION
PARTIAL RECONSTRUCTION
MILL AND OVERLAY
WATER MAIN
STORM SEWER
SANITARY SEWER REPAIR
ALTERNATE 2
· HDPE STORM SEWER PIPE
ALTERNATE 3
RESIDENTIAL DRIVEWAY 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 fights and
authority assigned to ENGINEER in the Contract Documents in connection with the
completion of the Work in accordance with the Contract Documents.
22
authority assigned to ENGINEER in the Contract Documents 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 29, 2000 for
City Project No 0002 and October 31 for City Project No. 0007, and completed
and ready for final payment in accordance with paragraph 14.07 of the General
Conditions on or before October 27, 2000 and November 30, 2000 for Project No.
0002 and 0007, respectively.
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.
,s/tRTICLE 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.
23
As provided in paragraph 11.03 of the General Conditions, estimated quantities are
not guaranteed, and determinations of acm, al 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.
ARTICLE 6 - PAYMENT PROCEDURES
6.0! 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 fiReenth
day of each month during performance of the Work as provided in paragraphs
6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the schedule
of values established in paragraph 2.07.A of the General Conditions (and in the case
of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER
may determine or OWNER may withhold, in accordance with paragraph 14.02
of the General Conditions:
a. 95% of Work completed (with the balance being retainage). If the
Work has been 50% completed as determined by ENGINEER, and if the
character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may
determine that as long as the character and progress 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 mount 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
24
6.03
shown on the tentative list of items to be completed or corrected attached to
the certificate of Substantial Comple~tion. ~
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 ofthe
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 having done so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress,
or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the
25
Contract Documents to be employed by CONTRA~OR, and safety precautions
and programs incident thereto.
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 ofall 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.
26
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
This Agreement (pages ~ to
inclusive);
Performance Bond (pages to ~
inclusive);
Payment Bond (pages to ~
inclusive);
Other Bonds (pages to
inclusive);
General Conditions (pages ~ to
inclusive);
o
Supplementary Conditions (pages to .
, inclusive);
Specifications as listed in the table ofcontents of the Project Manual;
o
Drawings consisting of a cover sheet and sheets numbered I through
27, exclusive, with each sheet bearing the general title Zone 4 and
the City Project Number.
9. Addenda (numbers to , inclusive);
10. Exhibits to this Agreement (enumerated as follows):
Notice to Proceed (pages ~ to , inclusive);
CONTRACTOR's Bid (pages ~ to .., inclusive);
Documentation submitted by CONTRACTOR prior to
Notice of Award (pages to , inclusive);
;
11.
The following which may be delivered or issued on or aRer the
Effective Date of the Agreement and are not attached hereto:
Written Amendments;
Work Change Directives;
Change Order(s).
The documents listed in paragraph 9.01.A are attached to this Agreement
(except as expressly noted otherwise above).
Co
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.
27
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 fights under or interests in the Contract
will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
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).
28
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and C. ONTRACTOR. Ail portions
of the Contract Documents have been signed or identi~ed by OWNER and CONTRACTOR or on
their behalf.
/7
This Agreement will be effective on ~ 2000 (which is the Effective Date of the
Agreemen0.
OWNER:
G~P~er-son/Mayor - '
[co om r. S AL
Attest
Address for giving notices:
Steven K. Hall, President
[CORPORATE SEAL HERE]
Addres~ for givin~g notices:
14475 Quiram Drive
Rogers, MN 55374
(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
Agreemen0.
License No.
CO, here applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority
to sign.)
Designated~p/Tntativ~/ ) Designated Representative:
Namc: /~J4~/~ Name:
Phone: '~ ~;'t;t~ Phone: 763-428-8886
Donald R. B~ll
Vice President
14475 Quiram D~ive
Rogers, MN 55374
Facsimile: 763-428-8868
29
Bond No. 8163-12-30
Construction Performance Bond
Any singular reference to the Contractor, Suret~ Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Hardrives, Inc.
14475 Qutram Drive
Rogers, bin 5537/,
OWNER (Name and Address):
City of Columbia Heights
637 38th Avenue N.E.
~bUmN~l~lO~ d~i~]TRACT
Date: Hay 22, 2000
Amount: $805,806.63
Description (Name and Location):
SURETY (Name and Principal Place of Business):
Federal Insurance Company
15 Mountain View Road
Warren, NJ 07059
2000 Street Rehabilitation, Zone 4
BOND
Date (Not earlier than Construction Contract Date):
Amount: $805,806.63
Modifications to this Bond Form: ~/A
May 26, 2000
.Comp.any: ~[I (12prp/S~I)
Signature:
Name and Title: Steven K. Hall
President
SURETY
Company: (Corp. Seal)
Federal Insurance~Company t~
Name and Titlf::
Jill N. Swanson, Attorney-In-Fact
CONTRACTOR AS PPffNCIPAL
Company: (Corp. Seal)
/
Signature:
N/amc and Title:
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
EJCDC No. 1910-28A ( 1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The
Associated General Contractors of America, and the American Institute of Architects.
30
I. The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner
for the performance of the Construction Contract, which is incorporated
berein by reference.
2. If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate
in conferences as provided in Subparagraph 3.1.
3. Iftbere is no Owner Eh:fault, the Suretfs obligation under this Bond shall
arise after:
3.1. The Owner has notified the Contractor and the Surety at its
address described in Paragraph 10 below, that the Owner is
considering declaring a Contractor Default and has requested
and attempted to arrange a conference with the Contractor and
the Surety to be beld not later than fifteen days after receipt of
such notice to discuss methods of performing the Construction
Contract. If the Owner, the Contractor and the Surety agree,
the Contractor shall be allowed a reasonable time to perform
the Construction Contract, but such an agreement shall not
waive the Owner's right, if any, subsequendy to declare a
Contractor Default; and
3.2. The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract.
Such Contractor Default shall not be declared earlier than
twenty days after the Contractor and the Surety have received
notice as provided in Subparagraph 3. !; and
3.3. The Owner has agreed to pay the Balance of the Contract Price
to the Surety in accordance with the terms oftbe Construction
Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the
contract with the Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety
shall promptly and at the Surety's expense take one of the follow/ng
actions:
4.1. Arrange for the Contractor, with consent of the Owner, to
perform and complete the Construction Contract; or
4.2. Undertake to perform and complete the Consu'uction Contract
itself, through its agents or through independent contractors;
4.3. Obtain bids or negotiated proposals for qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract
to be prepared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction Contract,
and pay to the Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of the Contract Price
incurred by the Owner resulting from the Contractor's default;
or
4.4. Waive its right to perform and complete, arrange for
completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
1. After investigation, determine the amount for which it
may be liable to the Owner and, as soon as practicable
after te amount is determined, tender payment therefor
to the Owner, or
2. Deny liability in whole or in part and notify the
· Owner citing reasons therefor.
:5. Ifth~ Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond
fi~teen day s after receipt of an additional and written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in
Subparagraph 4.4, and the Owner refuses the payment tendered or the
Surety has denied liability, in whole or in part, without further notice the
Owner shall be entitled to enforce any remedy available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under
Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the
Surety to the Owner shall not be greater than those of the Contractor
under the Construction Contract, and the responsibilities of the Owner
to the Surety shall not be greater than those of the Owner under the
Construction Contract. To the limit of the amount of this Bond, but
subject to commitment by the Owner of the Balance of the Contract
Price to mitigation ofcosts and damages on the Construction Contract,
the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction for
defective work and completion of the Construction
Contract.
6.2 Additional legal, design professional and delay costs
resulting form the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of the
Contractor.
7. The Surety shall not be liable to thc Owner or others for obligations of
the Contractor that are unrelated to thc Construction Contract, and thc
Balance of the Contract Price shall not be reduced or set offon account
of any such unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or its heirs,
executors, administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in thc location in which thc work
or part of the work is located and shall be instituted within two ycars
after Contractor De fault or within two years after thc Contractor ceased
working or within two years after the Surety refuses or fails to perform
its obligations under this Bond, whichever occurs first. If thc
provisions of this Paragraph are void or prohibited by law, thc
minimum period of limitation available to sureties as a defense in thc
jurisdiction of thc suit shall be applicable.
10. Notice to thc Surety, the Owner or thc Contractor shall be mailed or
delivered to thc address shown on the signature pagn.
l I. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the consffuction was to be
performed, any provision in this Bond conflicting with said statutory
or legal requirement shall be deemed deleted here from and provisions
conforming to such statutory or other legal requirement shall be
deemed incorporated herein. The intent is that this Bond shall be
construed as a statutory bend and not as a common law bond.
12. Definitions:
[ 2. ! Balance of the Contact Price: The total amount payable by
the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,
including allowance to the Contractor of any amounts
received or to be received by the Owner in settlement of
insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the
Construction Contxact.
12.2. Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has
neither been remedied nor waived, to perform or otherwise
to comply with the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner, which has neither
been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and
complete or comply with the other terms thereof.
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER:
Willis of Minnesota, !nc.
4000 Olson Memorial HiRhway, Suite 100
Minneapolis, MN 55422
(612) 302-7100
OWNERS ILEPRESENTATIVE (Architect, Engineer or other party):
31
Bond No. 8163-12-30
Construction Payment Bond
Any singular reference to the Contractor~ Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Hardrives, Inc.
1~75 Qulram Drive
Rogers, MN 55374
OWNER 0qame and Address):
City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421
CONSTRUCTION CONTRACT
Date: May 22, 2000
Amount: $805,806.63
Description (Name and Location):
SURETY (Name and Principal Place of Business):
Federal Insurance Company
15 Mountain View Road
Warren, NJ 07059
2000 Street Rehabilitation, Zone 4
BOND
Date (Not earlier than Construction Contract Date):
Amount: s8o5,806.63
Modifications to this Bond Form: N/A
May 26, 2000
CONTRACTOI~~
ltar a(~taO'~ 'I Seal)
Signature: '1
Name and 2title: Steven K~. Hall,
President
SURETY
Fedg~n~4~/ince Company(Corp. Seal)
Signature: ~
Name and = · ' -
Jill N. Swanson, Attorney-In-Fact
CONTRACTOR AS PRINCIPAL
C ..o~npany: (Corp. Seal)
/
Signature:
Name and Title:
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
EJCDC No. 1910-28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee,
The Associated General Contractors of America, and the American Institute of Architects, American Subcontractors
Association, and the Associated Specialty Contractors.
Reprinted 10/90
32
I. Thc Contractor and thc Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
assigns to the Owner to pay for labor, materials and equipment
furnished for use in the performance of the Construction Contract,
which is incorporated herein by reference.
2. With respect to the Owner, this obligation shall be null and void if
thc Contractor:
2.1 Promptly makes payment, directly or indirectly, for all
sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from
claims, demands, liens or suits by any person or entity
whose claim, demand, lien or suit is for payment for labor,
materials or equipment furnished for use in the performance
of the Construction Contract, provided the Owner has
promptly notified the Contractor and the Surety (at the
address described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens, or suits to the Contractor and the Surety,
and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for
ali sums due.
4. The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract
with the Contract have given notice to the Surety (at the
address descn'oed in Paragraph 12) and sent a copy, or
notice thereof, ~o the Owner stating that a claim is being
made under this Bond and, with substantial accuracy, the
amount of the claim.
4.2 Claimants who do no have a direct contract with thc
Contractor:
!. Have furnished written notice to thc Contractor and
sent a copy, or notice thereof, to thc Owner, within 90
days after having last performed labor or last furnished
materials or equipment included in the claim stating,
with substantial accuracy, the amount of the claim and
the name or'the party to whom the materials were
furnished or supplied or for whom thc labor was done
or performed; and
2. Have either received a rejection in whole or in part
form the Contractor, or not received within 30 days of
furnishing thc above notice any communication from
the Contractor by which thc Contractor has indicated
the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have
sent a w~itten notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice
therefor, to thc Owner, stating that a claim is being
made under this Bond and enclosing a copy of the
previous written notice furnished to the Contractor.
5. Ifa notice required by Paragraph 4 is given by thc Owner to the
Contractor or to thc Surety, that is sufficient compliance.
6. When the Claimant has satisfied thc conditions of Paragraph 4, the
Surety shall promptly and at thc Surety's expense take the following
actions:
6.1. Send an answer to thc Claimant, with a copy thc Owner,
: within 45 days after receipt of the claim, stating the
!' amounts that are undisputed and that basis for challenging
any amounts that are disputed.
6~2 Pay or arrange for payment for any undisputed amounts.
7. Thc Surety's total obligation shall not exceed the amount of this
Bond, and the amnunt of this Bond shall be credited for any
payments made in good faith by the Surety.
8. Amounts owned by the Owner to the Contractor under the
Construction Contract shall be used for the performance of the
Constn~ction Contract and to satisfy claims, if any, under any
; Construction Pe~ormance Bond. By the Contractor furnishing and
the Owner accepting this Bond they agree that all funds earned by
the Contractor in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the funds for
the completion of the work.
9. The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contract that are unrelated to the Construction
Contract. The Owner shall not be liable for payment ofany costs or
expenses of any Claimant under this Bond, and shall have under this
Bond no obligations to make payments to, give notices on behalf of,
or otherwise have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes
of time to the Construction Contract or to related subcontracts,
purchase orders and other obligations.
1 I. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in
which the work or part of work is located of after the expiration of
one year form the date (I) on which the Claimant gave the notice
required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the
last labor or service was performed under the Construction
Contract, whichever of (I) or (2) first occurs. If the provisions of
this paragraph are void or prohibited by law, the minimum period o f
limitation available to sureties as a defense in the jurisdiction of thc
suit shall be applicable.
12. Notice to the Surety, the Owner or the Contractor shall he mailed or
delivered to the address shown on the signature page. Actual receipt
of notice by Surety, the Owner or the Contractor, however
accomplished, shall be sufficient compliance as oftbe date received
at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was
to be performed, any provision in the Bond conflicting with said
statutory or legal requirement shall be deemed deleted berefrom and
prov :~ions conforming to such statutory or other legal requirement
shall be deemed incorporated herein. The intent is that this Bond
shall be construed as a statutory bond and not as a common law
bond.
14. Upon requests by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Cont,'actor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use
in the performance of the Contract. The intent of this Bond
shall be to include without limitation in the terms, "labor,
materials or equipment" that part of water, gas, power, light,
heat, oil, gasoline, telephone service or rental equipment
used in the Construction Contract, architectural and
engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be asserted
in the jurisdiction where the labor, materials or equipment
were furnished.
15.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page.
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure ofthe Owner, whichhas neither
been remedied nor waived, to pay the Contractor or to
perform and complete or comply with the other terms
thereof.
(FOR[NFORMATIONONLY-Name, AddressandTelephone)
AGENT orBROKER:
W£111s of Minnesota, Inc.
4000 Olson Memorial Highway, Suite 300
Minneapolis, MN 55422
OWNERS REPRESENTATIVE (Architect. Engineer or other party):
(612) 302-7100
33
Chubb POWER
Surety OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These F~rese~ts. That FEDERAL INSURANCE COMPANY. an Inc~ana oo~ VIGILANT INSURANCE COMPANY. a New York
corporation, and PACIFIC INDEMNITY COMPANY. a Wisconsin ~. do each hereby constitute and appoint ,,T fL ll N. Swans on,
Laurie ?flu§, Dennis G. Loots, Jerry 0u:rLmel: and ]3.L. Kellar of Minneapolis, Minnesota---
each as their tree and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to ~ ~iver fo~ and
on their behalf as surety thereon or othem~se, bonds (other than bail bends) and undertakings given or executed in the coume or' its business (but nol
to incJude any instruments amending or altering the same. nor consents to Ihe modification or alteration of any instrument referred to In said bonds or
In Witness Whereof. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACE=lC I~E)EMNITY COMPANY have
each executed and attested these presents and affixed their corporate seals on lhls /]~8 ~h day o~ June~,~! 999
fyi . . ' Sect ry ~,,'- Fra~ E. Robertson. ~r~ce- pi~lent
STATE OF NEW JERSEY [
Io me Imown to be As~nl Secretary d FEDERAL INSUP, ANCE C(~IPANY0 ViGIl. ANT INSURANCE C, OIdP~, and PAClI=IC ~ C(NV~ANY. the
~ the seels ,,fl'u~d to the f~'og~flg Power d Aflomey ara such ce~pemle seels and
· he ~iF~M uld Powe~ o/Aflomey n Az~i~tont S~cre~y o~ uid Comp~nkm by b eulhod~. ~ ~ ~ k ~ ~h Fm~ E. ~. ~ ~ ~ b
be Vice Pre~ide~ ot ~ald Compank~; ami thM the rdgnatu~e ot Frank E. Robefl~. mabr. cdbed !o ~aid Power o~ Aflomey i~ in Itm genuine h~ o( Frank E.
Robem.~. and ~ therelo subrd:~bed by authority o( said By-Lm~ and h depofleflrs
Notary Public. Stale of New No. 0014101
CERTIFICATION
o! FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNrI~I' COMPANY:
'All powers of attorney for and on behaff of the Company may :md shall be executed in the name and on behaff of lite Company. eith~ by the
Chairman or the President Or a Vice President or an Assistant Vice President. jointly with the Secretar~ or an Assistant SeorMary. under Ihek'
respective designations. The signature of such off, ers may be engraved, printed or lithngraphed. The signature of each of l~e following
off'~;ers: Chairman. President. any V'~e President. any Assistant Vice President. any Secretary. any Assistant Sec~-e~a7 and the seal of the
Company may be affixed by facsimile to any power of attorney
Attorneys-in-Fact for i~rposes only of executing and attesting Ixx~ds and undertakings and other writings obfigatory in the nature thereof, and
any such power of attorney or certificate bearing such facs~m~e signature or facsim~ seal shall be valid and binding ~ the Company and
an), such power so executed and cedif'~,d by such facsimile signature and facsimile seal shall be var~d and binding up~-~ the Company with
respect to any bond or undertaking to which it is attached.'
I. Sheryl B. Roberts. Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY
COMPANY (the 'Companies') do hereby certify Ihat
(i) the foregoing extract of the By-Laws of the Companies is tnJe and con'ect.
(iii) the foregoing Power of Attorney is true. correct and in full force and effect.
Given under my hand and seais of said Companies et Wan, on. Nj It~ 26t:h dayof Ha¥~ 2000
~ Sheryl 8. Robe~, A~istant .~etary
IN THE EVENT YOU VVlSH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND ~yy/
NOTIFY US OF ANY OTHER MATTER. PLEASE CONTACT US AT ADDRESS LISTED ABOVE. OR
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety~chubb.com
Fon~ 1S-10~22~ A (Ed. 4-0g)
HARDRIVES, INC.
May 31, 2000
Kathyjean Young, P.E.
City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421-3806
RE: Authority to Sign Contracts
Dear Ms. Young:
I hereby certify that the Board of Directors of Hardrives, Inc., at a meeting on March 21, 2000,
authorized the following individuals to sign contracts on behalf of the Corporation: Steven K. Hall,
Ronald A. Hall, Donald R. Hall, Kevin J. Gannon, Sigurd Langerud, and Bradley R. Mehlhaff.
Secretary
Hardrives, Inc.
State of Minnesota
County of Hennepin
Subscribed and sworn to before me this
22nd day of May 2000
Notary Public
County
My Commission Expires
NOTARY PUBLI~ - MINNESOTA
HENNEPIN COUNTY
~ C~mi~ion ~pim~ ~1~ ~_~
14475 Quirarn Drive · Rogers, MN · 5.5374-9461
(612) 428-8886 · Fax (612) 428-8868
An Equal Opportunity Employer
RO. Box 579 · St. Cloud, MN · 56302-0579
(320) 251-7376 · Fax (320) 251-5178
PRODUCER 32095 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis North America, lnc.-RegionaiCertCenter ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
11201 N. Tatum Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phoenix AZ 85028 COMPANIES AFFORDING COVERAGE
(877) 55~6769 20478-002 (MINN)
COMPANY National Fire Insurance Company of Hartford
Kathy M. Warner A
INSURED 20494001 (MINN)
cOMPANYTransportation Insurance Company
B
20486-001 (MINN)
HARDRIVES, INC. COMPANY Transcontinental Insurance Company
14475 QUIRAM DRIVE C
ROGERS MN 55374 COMPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POMCY 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 POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH pOlICIES. EMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO PoMCY EFFECTIVE POMCY EXPIRATION
LTR TYPE OF INSURANCE POUCY NUMBER
DATE (MM/DDJYY) DATE (MM/DD~in/~ UMITS
A GENERALUABIUTY GL162775310 01-JAN-2000 01-JAN-2001 GENERALAGGREGATE
X COMMERCIALGENERAL UABIETY PROOUCTS-COMP/OP AGG $ 2,000,000
:ii:ii?iii?! I CLAIMSMADE [-~ OCCUR PERSONAL&ADVINJURY $ 1. 000,000
OWNER'S&CONTRACTOFI'S PROT EACH OCCURRENCE $ 1 , 000,000
RRE DAMAGE (Any onefim) $ 100,000
MED EXP(An¥ one per&o~) ~ 10 , 000
B AUTOMOBILE L~Sicrn, BUA 162775288 01~JAN-2000 01~JAN-2001
X ANY AUTO COMBINED SINGLE EMIT $ 1,000,000
ALL OWNED AUTOS BOOILY INJURY
SCHEDULED AUTO~ (Per person) $
X HIRED AUTOS BODILY INJURy $
X NON~VVNED AUTOS (Per accident)
-- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANYAUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
B EXCESSUABlUTY L162775307 OI-JAN-20OO 01-JAN-2OO1 EACH OCCURRENCE $ ].0,000,000
X I UMBRELLA FORM AGGREGATE $ 10,000,00
I
OTHER THAN UMBRELLA FORM
C WORKERSCOUPENSA~O, AND WC 162775291 01-JAN-2000 01-JAN-2001 X WCSTATU-
TORY LIMITS ! I OTH-ii::::::i::i:.::!ii~ ii il ~ .ii ! !i:.!ii :::: ::::i::
EMPLOYERS' LIABILITY FFI ................
THE PROPRIETOR/~ EL EACH ACCIDENT $ 100,00
PARTNERS~XECUTIVE ~ INCL EL DISEASE*PO[JCY LIMIT $ 500,00
OFFICERS ARE:I I EXCL EL DISEASE-EA EMPLOYEE ~ 100,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
RE; Hardrives Job# 20800
2000 Street Rehab/City Pro,iects 0002 & 0007
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY OF COLUMBIA HEIGHTS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
ATTN: KATHY JEAN YOUNG BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
637 38TH AVE. NE OF ANY KiND.t UPOH THE COMPANY, rrs AGENTS OR REPRESENTATIVES'
COLUMBIA HEIGHT MN 55421 AUTHO~;~R~R~SENTATIVE
Contractor's Business Name:
Address:
Phone No:
Fax No:
BID FORM
PROJECT IDENTIFICATION: 2000 STREET REHABILITATION
CITY PROJECT NO. 0002 AND 0007
BIDS TO BE OPENED: 10:00 A.M. - Tuesday, May 16, 2000
This bid is submitted to:
CITY OF COLUMBIA HEIGHTS
637 38TM AVENUE NE
COLUMBIA HEIGHTS, MN 55421
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into
an agreement with OWNER in the form included in the Contract Documents to
perform and furnish all Work as specified or indicated in the Contract Documents
for the Contract Price and within 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 for City Project No. 0002 and one
hundred twenty (120) days after the day of Bid opening for City Project No. 0007.
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:
(a) BIDDER has examined copies of all the Bidding Documents and of
the following Addenda (receipt of all of which is hereby ackno~vledged):
10
Date Number
(b) BIDDER has familiarized itself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and laws
and regulations that in any manner may affect cost, progress, performance or
furnishing of Work.
(c) BIDDER has studied carefully all reports and drawings of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in Paragraph 4.02 &
4.03 of the General Conditions, and accepts the determination set forth in
Paragraph S.C.4.02 & 4.03 of the Supplementary Conditions of the extent of
the technical data contained in such reports and drawings upon wi/ich
BIDDER is entitled to rely.
(d) BIDDER has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests and studies (in addition to or to
supplement those referred to in (c) above) which pertain to the subsurface or
physical conditions at the site or otherwise may affect the cost, progress,
performance or furnishing of the work as BIDDER considers necessary for
the performance of furnishing the work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of Paragraph 4.02
& 4.03 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports or similar information or data are
or will be required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, texts, 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.
(0 BIDDER has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and studies v~-ith the
terms and conditions of the Contract Documents.
ll
(g) BIDDER has given ENGINEER written notice of all conflicts,
errors, discrepancies that it has discovered in the Contract Documents and
the written resolution thereof by ENGINEER is acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of
any undisclosed person, finn or corporation and is not submitted in
conformity with any agreement or rules of any group, association,
organization or corporation; BIDDER has not directly or indirectly induced
or solicited any other BIDDER to submit a false or sham Bid; BIDDER has
not solicited or induced any person, firm or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for itself any
advantage over any other BIDDER or over OWNER.
(i) Any other representation as required by Laws and Regulations.
BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT
PP~.CE(S):
(See Attached Pages 13 through 17)
Quantities are indicated for the convenience of the Bidder. Final Payment will be
based on actual quantities.
12
No. Item
BID PROPOSAL FORM
CITY OF COLUMBIA HEIGHTS
2000 STREET REHABILITATION
CITY PROJECT NUMBER 0002
Unit Quantity Unit Price Amount
1 Traffic Control L.S.
2 Mobilization L.S.
3 Pavement marking removal L.F.
4 Remove concrete curb and gutter L.F.
5 Remove concrete alley/apron '. S.F.
6 Remove concrete driveway/apron S.F.
7 Remove concrete walk S.F.
8 Remove bituminous pavement S.Y.
9 Remove bituminous alley S.Y.
10 Remove bituminous driveway/path S.Y.
11 Remove water main L.F.
12 Remove hy~lrant lead L.F.
13 Remove gate valve and box Ea.
14 Remove pressure reducing valve Ea.
15 Remove sewer pipe L.F.
16 Remove catch basin Ea.
17 Sawcut concrete L.F.
18 Sawcut bituminous L.F.
19 Mill bituminous pavement S.Y.
20 Salvage hydrant Ea.
21 Salvage MH or CB casting Ea.
22 Salvage timber wall L.F.
23 Salvage fence L.F.
24 Temporary water service- Jackson L.S.
25 Temporary water service- 49th L.S.
26 Temporary water service- 51st L.S.
27 12" DIP water main L.F.
28 10" DIP water main L.F.
29 8" DIP water main L.F.
30 6" DIP water main or hydrant lead L.F.
31 12" Gate valve and box Ea.
32 Iff' Gate valve and box Ea.
33 8" Gate valve and box Ea.
34 6" Gate valve and box Ea.
35 10" Pressure reducing valve Ea.
36 Hydrant Ea.
37 Water main fittings Ea.
38 1" Corporation Ea.
39 1" Type K copper pipe L.F.
40 Reconnect service Ea.
1 $ 0000.09
1 $
5,000 $
3,428 $
330 $
4,188 $ ~.lq
324 $
14,572 $ /.
78 $ ~.~
~ 350 $
3,175 $
40 $
~ $ g~.~
1
53 $ !~.~
2
833
3,836 $ ,,;. O0
4,383 $ ~.~0
3 $ ~. ~
10 ~.~ $
4oe'
1 $ ~,~
1
450
10
2,725
107
2
1
12
4
1
4
3,045
390
23
13
No. Item Unit, Quanti_ty Unit Price Amount,
41 1" Curb box Ea. 1 $
42 1" Curb stop Ea. 1 $
43 Relocate curb box and stop Ea. 1 $
44 4" PVC sanitary sewer wye Ea. 1 $
45 4" PVC sanitary sewer service L.F. 30 $
46 18" RCP - Class III L.F. 393 $
47 12" RCP - Class III L.F. 48 $
48 4" Perforated drain pipe L.F. 210 $
49 48" MH Type B with casting Ea. 1 $/~,~.
50 2' x 3' CB Type X with casting Ea. 3 $
51 48" CB Type Y with casting Ea. 1 $
52 Modify catch basin ' Ea. 3 $
53 12" DIP sanitary sewer Class 52 L.F. 25 $ ,.q'7. U~'
54 8" PVC sanitary sewer L.F. 33 $
55 Subgrade excavation C.Y. 3,634 $ //./90
56 Granular bo. rrow (CV) C.Y. 3,618 $
57 Common excavation C.Y. 3,295 $ //
58 Aggregate pipe bedding Ton 104 $ __,z?dLWiJ_. ~ ~
59 Aggregate base class 5 Ton 6,661 $ O.019
60 Bituminous wear course Ton 2,501 $ 3'9. O0
61 Bituminous binder course Ton 2,010 $
62 Patch bituminous street S.Y. 505
63 Patch bit. - Extra depth S.Y. 132 $ /
64 Patch bituminous alley S.Y. 16 $
65 Patch bituminous driveway/path S.Y. 349 $ /.~5.O0
66 Sawed/sealed joint L.F. 3,997 $
67 Tack coat Gal. 1,265 $ /
68 Concrete curb and gutter L.F. 4,611 $ /~. 5-~~
69 Concrete alley/apron S.Y. 498 $ bt'). Oi)
70 Concrete driveway/apron S.F. 5,349 $
71 Concrete walk S.F. 782 $
72 Concrete step S.F. 8 $
73 Reinstall salvaged timber wall L.F. 10 $ n.~5'.Ot9
74 Reinstall salvaged fence L.F. 40 $ /6.~0
75 4" solid line paint - yellow L.F. 1,300 $ tO. 6u~'-
76 4" solid line paint - white L.F. 2,600 $ O.q-'-/
77 Sod with topsoil S.Y. 2,590 $
TOTAL BASE BID $
Tot/fl Base Bid Written in Words
14
ALTERNATE 1 - CITY PROJECT NO. 0007
No. Item Unit Quantity
1 TOTAL BASE BID
Add:
2 Mobilization L.S. 1
3 Clear and grub Inch 44
4 Remove concrete curb and gutter L.F. 2,005
5 Remove concrete driveway/apron S.F. 60
6 Remove concrete walk : S.F. 105
7 Remove concrete step S.F. 230
8 Remove bituminous pavement S.Y. 3,566
9 Remove bituminous driveway/path S.Y. 55
10 Remove water main L.F. 40
11 Remove sewer pipe L.F. 1,005
12 Remove m .anhole Ea. 4
13 Remove catch basin Ea. 12
14 Sawcut concrete L.F. 127
15 Sawcut bituminous L.F. 222
16 Mill bituminous pavement S.Y. 898
17 Salvage CB casting Ea. 4
18 6" DIP water main L.F. 40
19 Water main fittings Ea. 300
20 48" RCP apron Ea. 1
21 48" Trash guard Ea. 1
22 2" Insulation board S.Y. 108
23 48" RCP - Class III L.F. 556
24 48" RCP - Class IV L.F. 261
25 48" RCP Arch - Class III L.F. 48
26 42" RCP - Class III L.F. 291
27 42" RCP - Class IV L.F. 30
28 18" RCP - Class III L.F. 96
29 15" RCP - Class III L.F. 85
30 12" RCP - Class III L.F. 266
31 72" MH Type D with casting Ea. 4
32 96" MH Type F with casting Ea. 2
33 72" MH Type D - Extra depth L.F. 6
34 96" MH Type F - Extra depth L.F. 6
35 48" MH Type B with casting Ea. 2
36 2' x 3' CB Type X with casting Ea. 11
37 48" CB Type Y with casting Ea. 4
38 2' x 3' CB Type X Ea. 3
39 48" CB TypeY Ea. 1
40 Install salvaged casting Ea. 4
41 Riprap class 2 C.Y. 10
Unit Price
Amount
15
NO.. Item Unit Ouantitv Unit Price Amount,
42 Granular filter C.Y. 10 $'
43 12" DIP sanitary sewer L.F. 20 $
44 Subgrade excavation C.Y. 1,538 $ //.00 $
45 Granular borrow (CV) C.Y. 1,538 $ /',/.~O $ ~/.,
46 Common excavation C.Y. 540 $ //.O0 $
47 Aggregate pipe bedding Ton 20 $
48 Aggregate base class 5 Ton 1,542 $ q.O0 $ /v~/gOf.0~)
49 Bituminous wear course Ton 381 $ ~Tq.o0.. $ /q. DqO. O0
50 Bituminous binder course Ton 381 $
51 Patch bituminous street S.Y. 129 $ /or. 00. $ ~Tcl~l~.tgg)
52 Patch bituminous driveway/path S.Y. 16 $ ,r?/).~O $ ~.0~
53 Sawed/sealed joint L.F. 1,257 $
54 Tack coat Gal. 215 $ / 5- $ 7('
55 Concrete curb and gutter L.F. 2,005 $ o°.5~-. $ /7,/qg.qS"'
56 6" Concrete driveway/apron S.F. 1,113 $ ~/.£~ .. $
57 4" Concrete walk S.F. 105 $
58 Concrete step S.F. 230 $
59 Sod with topsoil S.Y. 1,881 $ -~.
TOTAL BID WITH ALTERNATE 1 $
Total Bid with Alternate 1 Written in'Words
ALTERNATE 2 - HDPE STORM SEWER PIPE
No. Item Unit Quantity Unit Price Amount
1 TOTAL BASE BID $ 0a/'~' ~qO6(Od
Deduct:
2 18" RCP L.F. 489 $
3 15" RCP L.F. 85 $
4 12" RCP L.F. 314 $ ..,7~- ./O ($
Add:
5 18" HDPE L.F. 489
6 15" HDPE L.F. 85
7 12" HDPE L.F. 314
TOTAL BID ~qTH ALTERNATE 2
16
Tota~ Bid with Alternate 2 4~v'ritten in Words
ALTERNATE 3 - RESIDENTIAL DRIVEWAYS
With this alternate, Columbia Heights residents located adjacent to the construction project
may purchase driveway or sidewalk construction services at their request at the City bid
prices listed below. These purchases are to be a direct private agreement between the
resident and contractor. The residents will be entitled to the same service, quality and price
as guaranteed in the City bid. ~
No.. Item Unit Quantity Unit Price Amount
1 Remove bituminous driveway S.Y.
2 Remove concrete driveway S.F.
3 Remove concrete sidewalk S.F.
4 Remove concrete step S.F.
5 Aggregate base class 5 Ton
6 Bituminous driveway S.Y.
7 Concrete driveway S.F.
8 Concrete sidewalk S.F.
9 Concrete step S.F.
TOTAL BID ALTERNATE 3
s 5',
Total Bid Alternate 3 Writtetn in Words
17
BIDDER agrees that the Work will be completed as follows:
CITY PROJECT NO. 0002
STREET RECONSTRUCTION
PARTIAL RECONSTRUCTION
MILL AND OVERLAY
WATER MAIN
STORM SEWER
SANITARY SEWER REPAIR
CITY PROJECT NO. 0007
STREET RECONSTRUCTION
MILL AND OVERLAY
STORM SEWER
Final inspection by October 27~ 2000 for City project 0002 and fihal
ihspection by November 30, 2000 for City Project 0007, in accordance with
Paragraph 14.06 of the General Conditions.
BIDDER accepts the provisions of the Agreement as to liquidated damages
in the event of failure to complete the work on time.
o
The following documents are attached to and made a condition of the BID.
(a) A tabulation of Subcontractors, Suppliers, and other persons and
organizations required to be identified in this Bid.
(b) The contractor will complete the Work sequence
Division 1, Section 4, General Requirements.
(c) Affidavit of Non-Collusion.
in accordance with
Communications concerning this BID shall be addressed to the address of BIDDER
indicated below.
The terms used in this BID, which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents, have the
meanings assigned to them in the General Conditions.
SUBMITTED ON:
,/ / 7 ,2ooo.
18
If BIDDER is:
AN INDIVIDUAL
By
Doing Business As
(Individual's Name)
(S AL)
Telephone No: '
A PARTNERSHIP
By
(Firm Name)
(SEAL)
(General Partner)
Business Address:
Telephone No.:
(Continued on next page.)
19
A CORPORATION
By ~,[~)~ ~)~'f
! ,- (Cornoration
Name)
By ~~~tion)
(N~ne oi Person A~horized to Sign)
(Title)
(Secretary)
Business Address: /~/~/~f'~
Telephone No.
(S AL)
A JOINT VENTURE
By.
(Name)
(Address)
By,
(Name)
(Address)
Each joint venturer must sign. The manner of signing for each individual,
partnership and corporation that is a party to the joint venture should be in the
manner indicated above.
STATE OF
20
COU-N~ OF
AFFIDAVIT OF NON-COLLUSION:
(1)
That I am the BIDDER (if the bidder is an individual), a partner in the
BIDDER (if the bidder is a partnership) of an officer or employee of the
BIDDER corporation having authority to sign on its behalf (if the BIDDER
is a corporation;
(2)
That the attached bid or bids have been arrived at by the BIDDER
individually and have been submitted without collusion with, and without
any agreement, understanding or planned common course of action with any
vendor of materials, supplies, equipment or services described in the
invitation to bid designed to limit individual bidding or competition;
(3)
That the contents of the bid or bids have not been communicated by the
BIDDER, or its employees or agents, to any person not any employee' or
agent of the BIDDER, or its surety, on any bond furnished with the bid or
bids, and will not be communicated to any person, prior to any official
opening of the bids, or bids; and;
(4)
That I have fully informed myself regarding the accuracy of the statements
made in th~s affidavi}. / [
· ' - FII~aM MAKING BIDS
Subscribed and sworn to before me
this .1 ~'r'~ day of
NAME
,2000.
OFFICIAL TITLE
21
Contractor's Business Name:
Address:
Phone No:
Fax No:
BID FORM FOR ADDENDUM 1
PROJECT IDENTIFICATION:
BIDS TO BE OPENED:
2000 STREET REHABILITATION
CITY 'PROJECT NO. 0002 AND 0007
11:30 A.M. - WEDNESDAY, MAY 17, 2000
This bid is submitted to:
CITY OF COLUMBIA HEIGHTS
637 38TM AVENUE NE
COLUMBIA HEIGHTS, MN 55421
ALTERNATE 1 BID WITH ADDENDUM 1 - CITY PROJECT NO. 0007
No. Item Unit
1 TOTAL BID WITH ALTERNATE 1
Quantity Unit Price
Amount
$1,
Add:
2 Relocate water service Ea. 4 $
3 8" PVC SDR 35 san. sewer pipe L.F. 260 $
4 6" PVC SDR 35 san.sewer service L.F. 40 $
5 6" PVC sanitary sewer wye Ea.. 4 $
6 48" MH Type B with casting Ea. 2 $
TOTAL ALTERNATE 1 BID WITH ADDENDUM
HARDRIVES, INC.
May 31, 2000
Kathyjean Young, P.E.
City of Columbia Heights
637 38th Avenue NE.
Columbia Heights, MN 55421-3806
RE: Authority to Sign Contracts
Dear Ms. Young:
I hereby certify that the Board of Directors of Hardrives, Inc., at a meeting on March 21, 2000,
authorized the following individuals to sign contracts on behalf of the Corporation: Steven K. Hall,
Ronald A. Hall, Donald R. Hall, Kevin J. Gannon, Sigurd Langerud, and Bradley R. Mehlhaff.
Bradle~a~
Secretary
Hardrives, Inc.
State of Minnesota
County of Hennepin
Subscribed and sworn to before me this
22nd day of May 2000
Notary Public
County
My Commission Expires
NOTARY PUBliC - MINNESOTA
HENNEPIN COUNTY
14475 Quiram Drive · Rogers, MN · 55374-9461
(612) 428-8886 · Fax (612) 428-8868
An Equal Opportunity Employer
RO, Box 579 · St. Cloud, MN · 56302-0579
(320) 251-7376 · Fax (320) 251-5178
PRODUCER 32095 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis North America, Inc.-Regional CertCenter ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
11201 N. Tatum Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phoenix AZ 85028 COMPANIES AFFORDING COVERAGE
(877) 55~6769 204784)02 (MINN}
COMPANY National Fire Insurance Company of Hartford
Kathy M. Warner A
20494-001 (MINN)
INSURED COMPANY Transportation Insurance Company
B
20486-001 (MINN)
HARDRIVES, INC. co~PANYTranscontinental Insurance Company
14475 QUIRAM DRIVE C
ROGERS MN 55374 COMPANY
I o
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED 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 POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~OUCY EFFECTIVE ~OUCY EXPIRATION
CO TYPE OF INSURANCE POLICY NUMBER DATE (MM,~)D/YY) DATE (MM/DD/YY) UMITS
LTR
A GENERALUABIU~ GL 162775310 01~IAN-2000 01~JAN-2001 GENERALAGGREGATE $ 2,000,000
X COMMERCIAL GENERAL LIABIIJTY PROOUCTS~OMP~P AGG $ 2,000,000 '
.: ::iii ~ CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ I. 000,000
FIRE DAMAGE (Any one fire) $ 100,000
MED EXP (Any one pemon) ~ 10,000
B AUTOMOBILE UABlU~ BUA 162775288 01-JAN-2000 01~JAN-2001 COMBINED SINGLE UMIT $ 1, O00,000
X ANY AUTO
ALL OWNED AUTOS BOOILY INJURY
(Per person)
SCHEDULED AUTOS
X HIRED AUTOS BOOILY INJURY
{Per a~cident)
X NON~DWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
B EXCESSUAB~nY L162775307 01~JAN-2000 01-JAN-2001 EACH OCCURRENCE $ 10,000,00{}
X I UMBRELLAFOFIM AGGREGATE $ 10,000,000
I
OTHER THAN UMBRELLA FORM
C WONKE~SCOMPENSATION AND WC 162775291 01-JAN-2000 01-JAN-2001 X WCTo~ySTATU-uM TS I I EROTH'
EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 100,000
THE PROPRIETOR] ~-~ EL DISEASE-POLICY UMIT $ 500,000
PARTNERSIEXECUTIVE~-~ iNCL
OFF1CERS ARE: EXCL EL DISEASE-EAEMPLOYEE ~ 100,00{}
OTHER
DESCRIPTION OF OPERATIONS]LOCATIOI~EHICLE~PEClAL ITEMS
RE: Hardrives Job# 20800
2000 Street Rehab/Ctty Projects 0002 & 0007
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY OF COLUMBIA HEIGHTS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
ATrN: KATHY JEAN YOUNG BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIUTY
637 38TH AVE. NE OF ANY KIND/UPON THE COMPANY1 ITS AGENTS OR REPRESENTATIVES.
COLUMBIA HEIGHT MN 55421 XU~~&~ .:.:~