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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~~&~ .:.:~