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HomeMy WebLinkAboutContract 1538 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY/~ COLU. MBIA ~?HTS, 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 IMPROVEMENT PROGRAM MONROE STREET STORM SEWER IMPROVEMENT PROJECT 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. 0007 · Monroe Street Storm Sewer ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 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 22 A. The Work will be substantially completed on or before September 29, 2000 for City Projec. t 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. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an Exhibit A. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 23 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 fi~teenth 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 (wi~ the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payment previously made; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 5% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 24 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 .s. atisfied 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 of a 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 foi' having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data conceming 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 Contract Documents to be employed by CONTRACTOR, 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, 25 information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for p~rformance and furnishing of the Work. 26 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: Co 2. 3. 4. 5. 6, 7. 8. o 11. This Agreement (pages ~ to ~ Performance Bond (pages ~ to ~ Payment Bond (pages ~ to ~ Other Bonds (pages ~ to ~ General Conditions (pages ~ to Supplementary Conditions (pages inclusive); inclusive); inclusive); inclusive); Do , inclusive); to , inclusive); Specifications as listed in the table of contents of the Project Manual; Drawings consisting of a cover sheet and sheets numbered 1 through 27, exclusive, with each sheet bearing the general title Zone 4 and the City Project Number. Addenda (numbers ~ to , inclusive); 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); ; ao The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: ao Written Amendments; Work Change Directives; Change Order(s). The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this A~icle 9. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. 27 Bond No. 8163-12-52 Construction Performance Bond Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Hardrives, Inc. 14475 QuiramDrive Rogers, MN 55374 OWNER (Name and Address): City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Date: August 21, 2000 a/nount: $394,594.91 Description (Name and Location): SURETY (Name and Principal Place of Business): Federal Insurance Company 15 Mountain'View Road Warren, NJ 07059 2000 Street Rehabilitation City Project No. 0007 Columbia Heights, MN BOND Date (Not earlier than Construction Contract Date): Amount: $394,594.91 Modifications to this Bond Form: August 21, 2000 CON ACrO A C . Signature': ' ' ~ Name and Title: Steven K. Hall, President SURETY Co an: Comvan(,,Corp.__ Seal) Feder)a~ns~ance Name and Tille: ai~ ~. Swanson, At torney-In-Fact CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: (Corp. Seal) Signature: Name and Title: EJCDC No. 1910-28A (1984 Edition) Prepared throu~ 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 The Contractor and the Surety,jointly and severally,bind therraelves, their 6. heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Consu'uction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in con ferences as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1. The O~'ner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's fight, if any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Conwactor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3. Thc Owne~has agreed to pay thc Balance of the Con~act Price to the Surety in accordance with the terms oftbe Construction Contraft or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itsel f, through its agents or through independent contractors; or 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. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen day s after receipt of an additional and w~itten 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 pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. I0. 11. 12; After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages 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 Cons~uction 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. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract 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. The Surety hereby waives notice of any change, including changes of time, to the Cons~'uction Contract or to related subcontracts, purchase orders and other obligations. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted 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 conswued as a statutory bond and not as a common law bond. Definitions: 12.1 Balance oftbe Contact Price: The total amount payable by the Owner to the Contractor under the Construction Conn"act after all proper adjustments have been made, including allowance to the ConWactor 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 Conu-act. ! 2.2. Construction Contract: The agreement between the O~er 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 Co/tstruction 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. I(FORINFORMATION ONLY-Name, AddressandTelephone) AGENTorBROKER: Willis of Minnesota, Inc. Minneapolis, ~ 55422 (763) 302-7100 OWNERS REPRESENTATIVE (Architect, Engineer or other party): 31 1. The Contractor a~d the Surety, jointly and severally, bind 8. themselves, their heirs, executors, administrators, successors and assigns to the O,~er to pay for labor, materials and equipment furnished for use in ~e performance of the Construction Contract, which is incorpora:ed herein by reference. 2. With respect to the Owner, this obli~tion shall be null and void if the Contractor: 2.l Promptly makes payment, direc'.Iy or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from 9. 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, 10. 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. 11. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contract, have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and, with substantial accuracy, the 12. amount of the claim. 4.2 Claimants who do no have a direct contract with the Contractor: !..Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 13. days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or perforrr~d; and 2. Have either received a rejection in whole or in part 14. form the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated 15. the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice therefor, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Conlractor. 5. ifa notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6. I Send an answer to the Claimant, with a copy the 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. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall bo credited for any payments made in good faith by the Surety. Amounts ovmed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Pertbrmance Bond. By the Contractor furnishing and the Owner accepting this Bond they agree that all funds earned by the Contractor in the performance of thc 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. 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 of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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. 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 (1) 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 (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 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 herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 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. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms, "labor, materials or equipment" that part of water, gas, power, light, heat, off, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which hag neither been remedied nor waived, to pay the Contractor or to perform and complete or comply with the other terms thereof. {FORINFOKMATION ONLY-Name, Addressand Telephone) AGENTorBROKER: Willis of Minnesota, Inc. 4000 Olson ,Memorial Highway, Suite 300 Minneapolis~ MN 55422 O~,~ERS REPRESENTATIVE {Archi:eot. Engineer or other party): (763) 302-7100 33 STATE OF MINNESOTA State, personally appeared Jill N. Swanson known to me to be the Attorney-in-Fact of the Federal InsuranceCompany corporation described in and that executed the within and foregoing instrument and known to me to be the person who executed the said instrument in b~,.b.3.Lf-~;e?.'_~:meL-"_'~_'----_---_.=..-",he duly~aFknowle, dged to me th~ such corporation executed thesame~-~~'/~FIBARA L. KELLAR~ ~//~_~,~~ / /~~, · ~~.~ NOTARY PUBLiC-MiNNESOTA Laurie Pflug, Dennis G, boots, oerr each as t~eir tnJe and lawful Attomey-in-Fect to execute under such designation In their names and to affix their corporate seats to and de~ver ha' and on their behalf as surety thereon or ~herwis~. bonds (other than bail bonds) and undertakings given o~ executed In the courM of its business 0xJt not to include any instruments amending or alterk~ the same, nor consents to the medification ~ alteration of any instrument refefl'ed to in said be~d~ or oU~Uons). In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC IND~MM'TY COMPANY have each executed and attested these p~eaents ar~ a~r~ed their c~xxate seals o~ tt~ ,1999 s. Ro~er~, ~ Secretary STATE OF NE'TN JERSEY l Coumy M Somali o,,mt. 18t:h ~Wo~ ,Tune, [999 t~o,.me..~maqPu~o~N,w,kr--y.p.,.meny=.m, Sh~e. Ro~m, to me Imown to be At,&isSar* Secretmy el' FEDERAL INSURANCE ~ANY, VIGILANT It~URANCE ~ANY, and PACIFIC INDEIviNITY COMPANY, lbe Secretory M FEDERAL INS~E COMPANY. VIGIl. ANT IN$~ CC~,~ANY, and PACIFIC INDEMNITY COMPANY and know~ the empomle ttmt the mis off'mid to the f~golng Power o1' A~c~ney are ~,uch coqx~ato ~ and we thMMo aff'emd by au~en~y M the ~ d uid she li~ned ~aid Pow~ oi' Allm'ney is A.~nt Secretary o~ said COml~nies b~ Bm euiho~, end IbM she ii ecqualnlnd with Frank E. I~e~x~. end knowl be VTGe PresldeM M laid Companies; and Ihel the signature M' Frank E. Ret)Mtson, ~blc~)eg to said Power o/Attm*ney i~ in the gem.,k~ hand~wl~ng M Frank E. Robe~a:m, and was thereto ~J~br~bed by a~ ol' Mid By-L. aw~ and M dllx~l prM, en~e. ..,, // /~'~dn'l'al~%r~.~, No. 0014101 ~.._~"' '-""-~'"~,~--'~'""' ' · ~~,~ CERTIFICATION Extrac~ fmm-'~By-L.aws ~! FEDERAL INSURANCE COMPANY, VI~II. AHT INSURANCE COMPAHY. and PACIFIC INDEMNITY COMPANY: 'Ali powers of attorney fo~ and on behalf of ttte Company may and shal be executed in Ihe name and on behalf of the Company, elthar by the Chairman cx' the Presictent or a Vice President or an Assistant V'~.,e President. jointly with the Secretary or an A~ Secretary, under thek' respective deslgnatior~. The signature of such orr~cers may be engraved, Ix~nted or rdhegraphed. The rdgnabJre c~ each of the foaow'mg officef~: Chairman. Preaident. any V'~.,e President. =,ny Asatstor4 Vice Preaider~ any Sectatap/, any Assistant Se~d~to~/and the Company may be affixed by facslrrule to any powe~ of attc~ ol' to any certificate relating thereto appointing A~nt Attomeys-in~ect fo~ ~lx~pc~-e~-_-- only of executing and attesting Ixmcis end undertakings and other writings obr~atmy in lhe nature thamof, and any such power of attorney c~ certificate beartng such fec~mge ~ o~ facsimile saal shal be valid and ~ ~ ~ ~ ~ I. $~ryl 8. R~. Asa~t~'~ S~/~ FEOERAL INSURANCE COMPANY, ~IGIL,~NT INSURANC~ COMPANY. ~ P~cmm¢ INOEMNITY (i) lhe foregoing e.J~t,-act of the By-L~ws o1' t~e Companiea ts hue ~nd co~Tec*, ~ and am at.e'-,aized ~ ~ U. $. TrmscW D~ fu~ha', FedeM and V~glart am licemed in Puerto Rioo md the U. $. VVgirt Islands, and Federal is k=emed rn An'edca~ Sarme, Guam, and ~c;-, d Ihe Provinces d ~ e~ Pflrx~ Ed~mrd island; ~ ' (ih') the foregeing Power of Altomey is b~, cmTect and in full f(xce arid effect. Given under my hand and s~als o1' said Companies at Warre~, NJ INs 21 st August 2000 ' Shery! B. Robe~, Asslatant ~ IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety~chubb.com I 1201 N Tat m..: Inc.- Regional Ce~ Center 32 95 ~ THIS C~IFICATE IS ISSU ...... 1 .... ~ 1.:::.~ 2~MAY-2000 · um ~.~u. ON ED AS A MA ~ - - Suite 300 ,,~_~N~..CONFERS NO RIG,S U~~ OF INFORMATIOH J ?~-~H~-CER~FICATE 'DOES N ~" ~E CERTIFICATE Phoenix AZ 85028 ..... ~nuCU BY THE POL~ ~ND ~R [ ~ ~ ~OVERAG~ n~ ...... O AMEND (877) 559-6769 ~ CIES BE COMPANIES AF ~athy ~. Warner FOR~,,~u ~VERAGE INSURED 2047~.O02 COMPANy National Fir~ InsUrance Corn a-- A p ,,¥ of Hartford COM~ ... a ansportation In=urance Company - _ 20486-001 (B,tlNN HARDRIVES, INC. uczANYTran$c°nt|nental Insurance Company 14475 QUIRAM DRIVE ROGERS MN 55374 -- ~ COMPANY ..... ~o' .......... !!i]ii~iiii..'ii~:~i~i~!i.::~i:~:~:!:i:!:~:!:::~ :::::::~:::i:.:.:.:.:.:.:.: .......... ..:.:...: ................ THIS IS TO CERTI~ ~AT ~E POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED INDICATED. NOtWITHsTANDING ANY CE,~:IFICATE MAY BE Ie~,~ ....... EMENT. TERM OR CONDITION ._ ~WC'" ~u=u ~ MAY PERTAIN T OF ANY CONTRACT OR O AEOVE FOR THE POUCY PERIOD ~SIONS AND CON01~ONS OF .~H~ ~, ,~, ' HE INSU~NCE AFFORDED BY THE ~H~ .... THER DOCUMENT W,~u ~ --% ....... ~ES. EMITS SHOWN MA' HAV~ ~==~, ~.7~1~ DESCRIBED HEREIn, ,~ ~ n~CT TO WHICH ~PE OFINSu ~ J '-- -, r~u C~IMS. ' ~ ~ THE TERMS, RANC_ J POUCY NUMBER ~MME~CiAL GENERAL UABlU~ L 1 62775310 POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDiy~ DATE t~MIOO/~y) J LIMITs ~G~EG~'FE J S COMBINEc A. A.~U .U .TO M O B IL.E liABILiTY X~ANY Al~'O .__~,J ALL OWNED ALFJ'C.~ BUA 162775288 2,ooo,ooF 2,000,000 z,ooo,ao~ Z,000,000 lOO.OOO Ia,aaa 1.000,000 ~ NC,N'~WNEO .;~R A G E UABlU'Ty iE~XCEss 'LUt aiu"r-f WOR~:ER$ COMPENSATION ANO EMPLOYERs' LIABILITy ~.A'-~ E'= SiE XECLrr3 VE L~ INCL 62775307 ,WC 162775291 :RIPTiON OF OPERATIONS/LOCATIONS/VEHiclES/SPECIAL 0 I-JAN-2000 OI-JAN-2000 CI ~';'Y OF COLUMBIA HEIGHTS AU'TN: KATHy JEAN YOUNG 637 38TH AVE. NE COLU~VII]IA HEIGHT ~4N 55421 · -_ -; .... ~!!~!~!~;ii~i~i~!~i!i:~;!~:i~;;~..~!~......:..: ................ : ....................................... : Hardr~ves Job# 20800 2000 Street Rehab/City ProJects 0002 0007 SHOULD ANY OF TI'IE AeOn, rE DESCRIBED POI.JCtE$ SE CANCELLED BEFORE TNE EXPIRATTON DATE TNEREOF, THE I~UING COMPANy WILL ENDEAvoR TO MAiL DAYS WRITTEN NO~CE TO THE CERTiFicATE HOLDER NAMED TO TNE LEFT, BUT FAILURE TO MAIL SUCH NOTICE $HAI~ IMPOSE NO OBUGATION OR LIABILITY OF ANY K/NO/UPON TH~ COMPANy. ~ AGe. u.,~' HARDRIVES, INC. August21,2000 Kevin Hansen, P.E. City ofColumbia Heights 637-38~ Avenue N.E. Columbia Height, MN 55421-3806 RE: Authority to Sign Contracts Dear Mr. Hansen: 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 .~/~.~- day offs2000 Notary Public County My Commission Expires 14475 Quiram Drive · Rogem, MN · 55374-9461 (612) 428-esas. Fax (612) 428-8868 An Equal Opportunity Employer RO. B~x 579 · SL Cloud, MN · 56302-0579 (320) 251-7376- Fax (320) 251-5178 RESOLUTION NO. 2000-56 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR MONROE STREET STORM SEWER IMPROVEMENT PROJECT CITY PROJECT No. 0007 TO HARDRIVES, INC. OF ROGERS, MINNESOTA WltEREAS, pursuant to an advertisement for bids for City Project No.'s 0002 and 0007, Street Rehabilitation Projects In Zone 4, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bid Bond Base Bid Alternate I Alternate 2 Alternate 3 Addendum 1 Bidder $% (adds #0007) (deduct) (add) (add) Hardrives, Inc. Ok $809,776.28* $1,193,480.04' $805,806.63* $4,510.00 $1,206,398.04' (Incl. base bid) Midwest Asphalt Ok $841,245.90' $1,250,994.15' $838,121.40' $2,729.50 $1,264,148.55' (Incl. base bid) WHEREAS, it appears that Hardrives, Inc. of Rogers, Minnesota, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Hardrives Inc., 14475 Quiram Drive, Rogers, Minnesota, in the name of the City of Columbia Heights, for Monroe Street Storm Sewer Improvement Project, City Project No. 0007, according to plans and specifications therefore approved by the Council, accepting alternate bid No. 1. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project g0007 shall be funded with DNR Grant, General Funds (Infrastructure and Assessments), and appropriate Utility Funds. Dated this 14th day of August, 2000. Offered by: Szurek Seconded by: Jolly Roll Call: All ayes 7 Patricia Muscovitz, Deputy City q~lerk Mayor (5~ary L. P'~te~on - 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 3 8TM 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 acknowledged): 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 which 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. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. I1 (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 persoh, firm 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 fi'om bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OW2NER. (i) Any other representation as required by Laws and Regulations. BIDDER WILL COMPLETE THE WORK Pm. CE(S): (See Attached Pages 13 through 17) FOR THE FOLLOWING UNIT 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 Quanti_ty Unit Price Amount 1 Traffic Control L.S. 1 2 Mobilization L.S. 1 3 Pavement marking removal L.F. 5,000 4 Remove concrete curb and gutter L.F. 3,428 5 Remove concrete alley/apron S.F. 330 6 Remove concrete driveway/apron S.F. 4,188 7 Remove concrete walk S.F. 324 8 Remove bituminous pavement S.Y. 14,572 9 Remove bituminous alley S.Y. 78 10 Remove bituminous driveway/path S.Y. 350 11 Remove water main L.F. 3,175 12 Remove hydrant lead L.F. 40 13 Remove gate valve and box Ea. 11 14 Remove pressure reducing valve Ea. 1 15 Remove sewerpipe L.F. 53 16 Remove catch basin Ea. 2 17 Sawcut concrete L.F. 833 18 Sawcut bituminous L.F. 3,836 19 Mill bituminous pavement S.Y. 4,383 20 Salvage hydrant Ea. 3 21 Salvage MH or CB casting Ea. 5 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. 1 26 Temporary water service- 51st L.S. 1 27 12" DIP water main L.F. 450 28 10" DIP water main L.F. 10 29 8" DIP water main L.F. 2,725 30 6" DIP water main or hydrant lead L.F. 107 31 12" Gate valve and box Ea. 2 32 10" Gate valve and box Ea. 1 33 8" Gate valve and box Ea. 12 34 6" Gate valve and box Ea. 4 35 10" Pressure reducing valve Ea. 1 36 Hydrant Ea. 4 37 Water main fittings Ea. 3,045 38 1" Corporation Ea. 23 39 1" Type K copper pipe L.F. 390 40 Reconnect sexwice Ea. 23 13 No. Item Unit Quantity 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 $ ~/0. 45 4" PVC sanitary sewer service L.F. 30 $ _.~-~. 46 18" RCP - Class III L.F. 393 $ ,~,7'7. 47 12" RCP - Class III L.F. 48 $ ,~'Y.f,~ $ //.45,80 48 4" Perforated drain pipe L.F. 210 $ 33.OO $ ,~O.6'19 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. v~'$ qql.~ff" 54 8" PVC sanitary sewer L.F. 33 $ ,-~L.~. ~9$ .?f~d'. 6t9 55 Subgrade excavation C.Y. 3,634 $ //./90 $ 56 Granular borrow (CV) C.Y. 3,618 $ 57 Common excavation C.Y. 3,295 $ //.~ $ 58 Aggregate pipe bedding Ton 104 $ .~O.g~t~,' $ -..-70~'0. O0 59 Aggregate base class 5 Ton 6,661 $ ~.~ $ 60 Bituminous wearcourse Ton 2,501 $ 61 Bituminous binder course Ton 2,010 $ 62 Patch bituminous street S.Y. 505 $ /X.g~O $ ~90qo, OeP 63 Patch bit. - Extra depth S.Y. 132 $ /£~. 64 Patch bituminous alley S.Y. 16 $ .,2ff. QO $ y~9. 00 65 Patch bituminous driveway/path S.Y. 349 $ /5.~70 $ 5.,2Y_~./J0 66 Sawed/sealed joint L.F. 3,997 $ /,~ $ 67 Tack coat Gal. 1,265 $ / .,$ 68 Concrete curb and gutter L.F. 4,611 $ 69 Concrete alley/apron S.Y. 498 $ 6-t9- 00 $ c>'/, qOO. O0 70 Concrete driveway/apron S.F. 5,349 $ 'q. ~:fi' $ ~5', qq,~./,,5- 71 Concrete walk S.F. 782 $ 72 Concrete step S.F. 8 $ 73 Reinstall salvaged timber wall L.F. 10 $ 74 Reinstall salvaged fence L.F. 40 $ /6.CC $ 75 4" solid line paint - yellow LiF. 1,300 $ 76 4" solid line paint - white L.F. 2,600 $ eg.¢q $ Ilqq. O0 77 Sodwith topsoil S.Y. 2,590 $ TOTAL BASE BID Tot,il 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. 3 Clear and grub Inch 4 Remove concrete curb and gutter L.F. 5 Remove concrete driveway/apron S.F. 6 Remove concrete walk S.F. 7 Remove concrete step S.F. 8 Remove bituminous pavement S.Y. 9 Remove bituminous driveway/path S.Y. 10 Remove water main L.F. 11 Remove sewer pipe L.F. 12 Remove manhole Ea. 13 Remove catch basin Ea. 14 Sawcut concrete L.F. 15 Sawcut bituminous L.F. 16 Mill bituminous pavement S.Y. 17 Salvage CB casting Ea. 18 6" DIP water main L.F. 19 Water main fittings Ea. 20 48" RCP apron Ea. 21 48" Trash guard Ea. 22 2" Insulation board S.Y. 23 48" RCP - Class III L.F. 24 48" RCP - Class IV L.F. 25 48" RCP Arch - Class III L.F. 26 42" RCP - Class III L.F. 27 42" RCP - Class IV L.F. 28 18" RCP - Class III L.F. 29 15" RCP - Class III L.F. 30 12" RCP - Class III L.F. 31 72" MH Type D with casting Ea. 32 96" MH Type F with casting Ea. 33 72" MH Type D - Extra depth L.F. 34 96" MH Type F - Extra depth L.F. 35 48" MH Type B with casting Ea. 36 2' x 3' CB Type X with casting Ea. 37 48" CB Type Y with casting Ea. 38 2' x 3' CB Type X Ea. 39 48" CB TypeY Ea. 40 Install salvaged casting Ea. ~,1 Riprap class 2 C.Y. 1 44 2,005 60 105 230 3,566 55 40 1,005 4 12 127 222 898 4 40 300 1 1 108 556 261 48 291 30 96 85 266 4 2 6 6 2 11 4 3 1 4 10 Unit Price $//2. $ !.fro $ $ ~ $ /. 5-O $ /~.~o $ ~q~.~ $ ~.~ $ ~.,~ $ /ff~.~ $ $ /~.~ $ $ /~.~ $ /~ff0. r~ $ /~.~ s ~.(¥ Amount $ zqm, 15 No. Item Unit Quantity Unit Price Amount 42 Granular filter C.Y. 10 $ ,~,,~/, 43 12" DIP sanitary sewer L.F. 20 $ 44 Subgrade excavation C.Y. 1,538 $ // 45 Granular borrow (CV) ' C.Y. 1,538 $ /51./7,0 46 Common excavation C.Y. 540 $ //.O0 47 Aggregate pipe bedding Ton 20 $ .-~0.06') 48 Aggregate base class 5 Ton 1,542 $ q 49 Bituminous wear course Ton 381 $ 2'7.00 50 Bituminous binder course Ton 381 $ ,~5. 00 51 Patch bituminous street S.Y. 129 $ /g. 00 52 Patch bituminous driveway/path S.Y. 16 $ 53 Sawed/sealed joint L.F. 1,257 $ /~.,~ 54 Tack coat Gal. 215 $ / 55 Concrete curb and gutter L.F. 2,005 $ 56 6" Concrete driveway/apron S.F. 1,113 $ 57 4" Concrete walk S.F. 105 $ 58 Concrete st~p S.F. 230 $ 59 Sod with topsoil S.Y. 1,881 $ .~. 05- TOTAL BID WITH ALTERNATE 1 ~ne m/11i~99 D7 e k/nr&rd n/nc/u-,fi~' ~lhou Total Bid with Alternate 1 Written in'Words ALTERNATE 2 - HDPE STORM SEWER PIPE No. Item Unit Quantity Unit Price 1 TOTAL BASE BID Deduct: 2 18" RCP L.F. 489 $ 3 15" RCP L.F. 85 $ 4 12"RCP L.F. 314 $ Add: 5 18" HDPE L.F. 489 6 15" HDPE L.F. 85 7 12" HDPE L.F. 314 TOTAL BID WITH ALTERNATE 2 Amount. ,¢'5-.00 ($ !~..~/,'~./0) .~3. c/o ($ ~o61. ~-n) 16 Tota~ Bid with Alternate 2 ~vVritten 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 Total Bid Alternate 3 Writtc/n in Words $ ,S ff O0. 09 IL~6,O0 L$O. O0 .]0.00 Lo00.00 4q/O.Cf_) 17 o 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 final inspection 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. The following documents are attached to and made a condition of the BID. (a) A tabulation of Subcontractors, Suppliers, and other persons organizations required to be identified in this Bid. (b) The contractor will complete the Work sequence Division 1, Section 4, General Requirements. Affidavit of Non-Collusion. (c) and 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: 2000. 18 If BIDDER is: AN INDIVIDUAL By. (Individual's Name) (s~AL) Doing Business As Telephone No: A PARTNERSHIP By. (Firm Name) (SEAL) (General Partner) Business Address: Telephone No.: (Continued on next page.) 19 A CORPORATION By ~[~ ~3T~, ~) ~f " (Corporation Name) ] UState oflncor~Yf~tion) ~ame o~ Person A~thor~ed to Sign) (Title) ATTEST: ~ ~ (Secreta~) Business Address: ~~ ~ Telephone No. ~3 ~ ~ ~ ~ a (SEAL) 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 2O COUNTY OF AFFIDAVIT (1) (2) (3) (4) OF NON-COLLUSION: That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf(if the BIDDER is a corporation; That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; That the contents of the bid or bids have not been communicated by the 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; That I have fully informed myself regarding the accuracy of the statements made in this affidavi[. , t ~__ BIDDER ,~,~ ~1 L/~? Fi~/~/M~/~iNG BiDS Subscribed and sworn to before me this .1 ~ 7"~ day of /Tq~ NAME OFFICIAL TITLE ,2000. 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. I.tem Unit Ouantit~ Unit Price Amount 1 TOTAL BID WITH ALTERNATE 1 Add: 2 Relocate water service Ea. 4 $ -7/00-.6'10 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 $ /S&Sq0O $ $ $ ,o , o / $ .o0 TOTAL ALTERNATE 1 BID WITH ADDENDUM 1 $ /; ;~{_~../~5. oC,5/ CHANGE ORDER NO. 2 Proiect: 2000 Street Rehabilitation Cit~ Proiect: 0002 and 0007 ~/% . ~~Appro~By: Owner: City of Columbia Heights Date of Issuance: May 2, 2001 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: Hardrives, Inc. Engineer: City Engineer 14475 Quiram Drive Rogers, MN 55374-9461 You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: 0002: $ 805,806.63 0007: $ 394,594.91 Previous Change Orders No. 1 to No. Net Change from Previous Change Order: 0002: $31t161.80 0007: $0 Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: 0002: $ 836,968.43 0007: $ 394,594.91 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: 0002: $ 19,669.60 0007: $ 7,415.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: 0002: $ 856,638.03 0007: $ 402,009.91 RecoT~l~~~ Approved Ci/y Engin~ .kl "- (Contractor) Date of Council Action Gary Peterson, Mayor Walter Fehst, City Manager