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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the C~O~MBI:, ~GH~~,
MINNESOTA, (hereinafter called OWNER) and ~ ~ ~
(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:
2004 IMPROVEMENT PROGRAM
WATER TOWER FENCING AND RESTORATION
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. 0307
. Chain link fencing removal, complete replacement including gates and
solid wall cedar fence.
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 afthe Essence
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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 15,2005
or City Project No. 0307, and completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions on or before
September 31, 2005.
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 lmtil
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
17
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be processed
by ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR's Applications for Payment on or about the fifteenth
day of each month during performance of the Work as provided in paragraphs
6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the
schedule of values established 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 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 amolmts 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.
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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 fuld (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 for having done so) all additional or supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Undergrolmd 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.
19
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 con-elated 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.
1. CONTRACTOR has given ENGINEER written notice of all conflicts,
en-OfS, ambiguities, or discrepancies that CONTRACTOR has discovered in the
Contract Documents, and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
1. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
20
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages _ to _ inclusive);
2. Performance Bond (pages _ to _ inclusive);
3. Payment Bond (pages _ to _ inclusive);
4. Other Bonds (pages _ to _ inclusive);
5. General Conditions (pages _ to _, inclusive);
6. Supplementary Conditions (pages _ to _, inclusive);
7. Specifications as listed in the table of contents of the Project
Manual;
8. Drawings consisting of a cover sheet and sheets numbered _
through _, exclusive, with each sheet bearing the general title
Water Tower Fence Restoration and the City Project Number
0307.
9. Addenda (numbers _ to _, inclusive);
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed (pages _ to , inclusive);
b. CONTRACTOR's Bid (pages _ to _, inclusive);
c. Documentation submitted by CONTRACTOR prior to
Notice of Award (pages _ to _, inclusive);
d.
11. The following which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement
(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this
Article 9.
D. The Contract Documents may only be amended, modified, or supplemented
21
as provided in paragraph 3.05 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanmgs indicated m the
General Conditions.
10.02 Assignment o/Contract
A. No assignment by a party hereto of any rights under or interests in the
Contract will be binding on another party hereto without the written consent of
the party sought to be bound; and, specifically but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in 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 uIlder any Law or Regulation shall be deemed stricken, fuld 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).
22
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on ~ cf I. , 200S-Cwhich is the Effective Date of the
Agreement).
[CORPORATE SEAL HERE]
Attest
Address for giving notices:
(If OWNER is a corporation, attach evidence
of authority to sign. If OWNER is a public
body, attach evidence of authority to sign and
resolution or other documents authorizing
execution of OWNER-CONTRACTOR
Agreement).
Phone:
Facsimile:
CONTRACTOR:
BY#~
/~~~
[CORPORATE SEAL HERE]
Attest
Address for giving notices:
License No.
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
Bond No. 22238185
PERFORMANCE BOND
Any singular reference to COntractor. Surety, Owner, or other party shall be conSidered plural where applicajl;J~e.
"ONTRACTOR (Name and Address):
$ecurlty Fence and Construction, Inc.
1719 Maaison Street NE
Minneapolis, MN 55413
)WNER (Name and Address):
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
CONTRACT
Date: May 24, 2005
~o~: Thirty-five Thousand Two Hundred Seventy-two and 80/100 Dollars
Description (Name and Location):
City Project No. 0307
2003 Improvement Program Water Tower Fencing and Restoration
Columbia Heights, MN
SOND
Bond Number: 22238185
Date (Not earlier than COntract Date): June 14, 2005
ATI1ount: Thirty-five Thousand Two Hundred Seventy-two and 80/100 Dollars
Modifications to this Bond Form: None.
SURETY (N3I1le and Addre$$ ot .Principal Place of B~~$s): ,
Western Surety Company ,
PO Box 5077
Sioux Falls, SD 57117-5077
($35,272.80)
($35,272.80)
Surety and Contractor. intending to be legally bOlll;ld ht::reby, subject to the terms printed on the reverse sid!!: hereof, Idp each cause:
this Performance Bond to be duly exet.'Uted on its behalf by its aUthorized officer, agent, Qr representative. '
CONTRACTOR AS PRlNCIP AL SURETY
COIIlpany: Securi ty Fence and Constructi on, I nc .
Sigmrtur'" ~~ (Seal)
Nll1Ile' and . .
MA'€. 0 L "2 e- 5 ce:...
~;e-~ By:
_ ~Seal)
",
(Spac~ is; provided below for signatures of additional
parties, if required.)
CONTRACTOR AB PRlNCIP AL
COmpany;
SURETY
Signatl.rrc;
Name and Title:
(Seal)
:(Seal)
Surety's Name and COIporatc Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDe No. C-610 ~()D:Z ~uilll'ln)
Orljtlnally pl'epared through tbe Joint effo"t.~ (lfthe Surety AssociatioD of America. Engincen Jol111 O\llt~t:t Dot:ument!l Committee, tbe A~I:.~tlclate~ ~cncrlll;1
Contrllctol'S of" Ameriea, and the American ln$titbte of Ar/:hltects. '
.~
"'". '
.~.
Contractor an~ Surety, jointly RIId sev=lly, bind d1cmselvl.".s, \I'1f1;ir heirs.
,,,,I'.umTR. administrators. liUc~ors, and assigns 10 Owner rOT the pl:Tlor/'tlllncc of
It;:. C(lntract, whi~1l ~ incOIpor<lte(1 herein I>y rerenmcl;l.
. If C:inlJ'ilCtori peIforms the ContraCt, S\ll'ety and ContraCtOr have no obligation
nder d1is Bond, except to particip8te in Gonference$ a.~ provided in 1>llI'agraph 3.1.
. Jf there is no Owner Detault, Surcty's obligation llllder this Bond sball arise
fter;
3.1. Owner has notifiect Contractor 8ml Slt~ry, at the addreS:sI"-S d~cribed in
:Paiilg;raph 10 belOw, that Owner is considering declaring ~ Conrractor
Default IlIId has Teq\le.q!Cd and attemptr:\J U) arrange a Conti;.:reIlCC with
Cont~etQr llIld Surety ll) l;Ie held not larer lIr.ln 15 days after receipt of
such notice tl) dis= mellllX4l of petformIng !he Contract. If Owner,
ContiBd:Or ;lild Surety agree, CO\11I'8cror shall be allowed a rCII.Sonable
lime 'lD perform (be Contract, but Sll~ an agreement shnll not waive
01.llJ)er'a right, if any, SUbSI:Qw:ntly to declare a Contractor Defauh: and
:3 .2. Owner bas declared a COllltacrQr Dclimlt and fOl'mlllly tenninatcd
COlllrBctOr'S rigllI \D complere the Contract. Sucil Colllt<u;:tor Default
slutll not be declared earlier than to days after Contractor allt.! Surety
have received notice as provided in Paragrnph 3. t: and
3.3. Owner bM asreell to pay the Balance of the Contta(;{ Ptir;;li: m:
I. :!:lnret)/ III accordance with 1M letlrL~ of the Contract;
2. Another COntW:.lOI' sclCl:tcd pursuilDllO l'aTagraph 4.3 to perform the
Cc:mtract.
4. When Own~ lwi sati&11cd the conditions of Paragraph 3, Surety lIhall promptly
and at Surery's Iil;tpen&c tBkc one of me following actions;
4.1. Arnmge for Contractor. with ronsent of Owner. to perform llIld
complete .the CQmrac.t; or
4.2.. Undc:r1llkc.to pcrlbnn aild c.omplcte the C01I1:racl ilSf:lf, Ihrongh it!i agenlli
or through imll:Jll'ndl:1l1 c:onIl'llc.tDl1l: or
4.3. Obrabl i;lirill or negotiated propoSllls from qualified conlrilCIOrS ~lc
1.0 OWlle:l",for a contract fur pllI"il:Il'mlu1ce :md camplction of the CO/lD'aL:t,
amtiige fo'l' Jl contrl!llt. to be prepared fur o:ccutian by Owner al)d
ContractOr sell!Cted with Owm:r' $ (;.()j)CUrrence. to be secured with
~~ and pll.ymcnt bonds MeeuICd by a qualified surety
eqni'fll1en[ to !be 'bond.!! ismcd 011 the CoIlQ'llC'[, and pay to Owm:r the
amoUnt of d.aI:m1ges :1$ de:1lcn"bed in Paragraph 6 in e!ltc= of the Balance
Of 1he Contract :Price Ull;ur\'fd by Owner rc:sulting fr(lm Contractor
Default: or
4.4. W~il\le its right to perform tmli ~~plete, arrange fur compWtion, or
ob~ a IleW contractor and witil r~D2ble prlllllptnelis under the
cl~e!l:
1. After investigation. dc:tmniJle me. :unount for which il may be liable:
[Q Owner and. as soon all praclicable aftc:r the amonnt is d~lennitted,
tender payment therefor 10 OWI1~j Qr
2. neny liBbility in whole or in p~rt ~nd notify Owner citing rea.5On&
!.bercior.
5. ]f SureI;' does not proccc:d as provided in Paragraph 4 with reasonable
promptness, SI.I'teIY shall be deemed to be in default 011 lhi!l 'Bond 15 days after
receipt of an additional written notice from Owner to SlI~lY Qfml2nding that SUICty
perform its obJigaIiOllS under Ihi$ Bond, and Owner shall be eIltil1ed 10 enforce any
r=edy available to Owner. Xf SurelY proceeds BIl provided in parn.gti'lpb 4.4, and
Owner refuses the pilymellt t!!\')de:re:d or Surety has denied liilbility. i" wh(lll!: Of in
part. without fllrther nodel!< Owner shall be entitled to eufon;~ any rtmIerly. available
to OWIler. .
FOR INFORMATION ONLY - N"""" Address an<! Telep~ ::
Sl.1rety AgfIDCY or Broker
Owner'~esprese ntative (engineer or other party) _
6. After Owner lUlS [enninatcd COnlraC[Or's right 10 compH~I~ th Cll1trllX:t. Unit if
Surety elects to act .hlder Paragraph 4.), 4.2. or 4.3 above. lh(!j'l /l res~ibilhle,~
of Surety to Own~r sball not be greatl:r (}1aD those or Contmctor u f1;f theiContmce,
and rile responsibiliti!:S Qf Owner to Surety shall not be srealer th tllt'~" Qf Owner
under rile Contract. 1'0 ~ limit of the llmount \Jf [his Eo .l. bile sullject to
ccimmilmelll by Owner of the Blllan,:c of .the Con~ct Pricc. to. .~galiOll or costs :
llnd damages Oil [he Contract, Surely I~ obhgatt:d .....ithout dupllCllU IlJ for:. !
6.1. The respollSibilili~ of ContraClor for correclion of d ~Clive #,ork and:
CMlpletion of the Conlr2Cl: i . :
i .
6.2. Additional les,al, design professional. and dclay GO' III resultiing fr()m :
Conlri1ClOr'S Default, llIld ~1Jlling; from the actions lriI11illlr~ iO 8Ct of .
Surety UIlder pal'llgraph 4; and I : :
, .
6.3. Liquidated damage:;, or if no liquida~ damages ~llci!lflCl:ifi~ i~ tile;
COntrilCl, actnlll damages caused by r:lelayed penpJniaI nce' or nOli".
pcnormance of Contractor. I.:
I
7. Surety shall tlOl be liable to Owner or others for obliganOIlS (I Con~r !hal i
are unrelatci to the Contract, and the BalMce of the Contract 'Cl: S~'I not be i
~u~ or sl:t off on atGUUtlr of any web tIllI"elatJ:rl obligations. 0 rigbt; of action i
aimn acme on thi!l Bond 1.0 ilDY peraon or entilY other than C ner or its heirs,;
eItCClllDTs. admitJisll'3.toT!l, or successors.
toi
8. Surety h=by waive,q notice of any change. includin3
Cotl!flJct or to related Slllx:ollD'BCts, purcl1a.se ordera, and other ob i
9,. AJrj prOt;:l;:aiing, legal or equitable, under this &,Ind may lll$orutiJ! in any i
etmJt of COIiipe~ jurisdiction in tile location in which the VI or p~~ of the:
WoIic is 10Gilte4 fltv.l $hall be imrtitutcd wltbbJ two years aI't.w C clor ~f~lt'or i
within two years llCler (:oottactoT ceased worldng or within twO ~cm a1f~r SllN:ty !
re~ or fails to perform its ob1igatioll3 under thb Bond. whith r t)CcllIf first. . If!
the provisions of this pmagrnph are void or pro1Jiblted by law. e miniJti1m1 pcriod!
of limiliuioll avllilable to SUI'l:tieii as ;I defense in the Jurisdiction I the S'l1~~ shall be:
~plicable. I : j
10. Notice to Surety, OW\'Il!:I', or Contrae1Dr sb:lU bemailedlrl(.lelivcr6d to the;
addre!ls shown on the :signal\lJ'e page. . I:. :
11 . When Ibis Bond has b= furnifsIJed IO cOIDply WIth ~ slllm rcqUIlletlletlt 1D:
the location wbe.re the Contral:t was to.be perfolJIllld. my pro ~ ion in.;t1ilii l30mlj
conflicting with said SIlIwtory requirement sb~ll be deemed lie e ber.wcm aDd I
provisions conforming !O such lltatutory requ~M/!:!It shall be d 11'.(1 i.lleorpornt:cdi
herein. The intent is lllal tllis Bond shall be coml!tIle.d lI!I a ll1l1 btmd apt! not 5S!
~ common law bond. '
Ii. De'fmitions.
]2.1
BiiI~~ of me: Contract Price; '!he (otal amount pa
Contr.J(;{Qr uooer the: Contract IIfh';r all proper ad'
made. inc;Judlllg allowance to CDIltrilelOt of any am
be received by Owllel' in llCttlcmenJ: ot i\lS1lraJlce
damages 10 wbieh CODDllctor is cntit!e(.!, ~uc:ed by
paymentS nilIde to or on behalf of Couttat;l.Or under Ih
'. ,
Ie byiawncr to!
cnt5 :hhe: \lecl1i
rcc~w~ I,)f tol
other lt1aims for:
valid 1i~ llropcri
olltr1llil;-
12.2.
I
Conlri1Cl; The ~gre~m: between Owner aDd C t' or id~et1 on!
the signatnre page, induding all Contrael PJ III and: cniID!:eS!
therem. ;
Conttactor Default; Failure ot Contractor, wmcr ~ l~ihcr I>e~
remedied nor WlI.ivcd. to perform or oIherwise to co Iy wid'i the lCims'
of !be CQnmict . . ~:-;
Ownt'.r Def~ulr: f'ailum of Owner. whlcll hils Ileithcrl b en rcini:dicd noti ..
waived. to pay Co,"racror lIll required by the Conlf~~t r to perform and~
complete Or COillply willi the other terms thereof.
1~.3.
12.4.
..
I
Bond No. 22238185
PAYMENT BOND
Any singular reference to Contrllc.tor, Surety. Owner, or other party shall be considered plural where apphf,!-ole. :'
SURETY (Name and Address of P:rincipaI :Plac.e of Bllifl.J.less):; :
Western Surety Company :
PO Box 5077
Sioux Falls, SO 57117-5077
CONTRACTO:R (Name and Address):
Security Fence arid Construction, Inc.
1719 Maai$on Street
Minneapolls, MN 55413
OWNER (Name:: and Address):
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
CONTRACT
Date: May 24, 2005
PunQUDi: Thirty-five Thousand Two Hundred Seventy-two and 80/100 Dollars ($35,272.80)
Description (Name.;md Location):
City Project No. 0307
2003 Improvement Program Water Tower Fencing and Restoration, Columbia Heights, MN
BOND
Bond Number: 22238185
Date (Not earlier than Contract Date): June 14, 2005
AJnount: Thirty-five Thousand Two Hundred Seventy-two and 80/100 Dollars ($35,272.80)
Modifications to this Bond Form: None.
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereo~ ~o eacl:J. caus~
this Payment. Bond to be duly e'Aecuted on its behalf by its authorized officer, agent. or representative.
CONTRACTOR AS PRJN'CIPAL
Company.: Securi ty Fence and COllstructi on, I nc.
Signature::;::'';;: ~/~ (Seal)
Name and Tl e;
(Space is provided below for signatures of additional
parties, ifrequired.)
CONlRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
(St:al)
SURETY
Western Surety Company (Seal)
Smety's Name and Corporate Seal (2--. .." , '
(l \. \<.,~. r- "'.
By': '~A___!LJ'-'dO~- - ~ '-~j
Signature ~~- Brenda Ri sa,. f1.ttorney-i n-F act '
(Attach POWEr of Attorney)
Attest Ay/f~3
Signature and Title
SURETY
,:(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest
Signature and Title:
EJcnc No. C-6lS (2002 Edition)
~1g:lnall:1 pFl!]lared ~rOl1gh toe jOlll~ efforts or the Surety ~OClatiJ)il of Am~ca, Engineers Joint Cont:art Documents Committee. the ~rci.:lted. ~(;en~:lI!1 '
ContractOl:S of AmL'nca. the Ama'lC3n fustlt\lte of Arebitecu. tb.e Amencm SUbl:OD!:\"actocs AssDCllition. and the Associated Spcci\1l!:Y Contractors.! ;
Ct'ntrllcror alld Surety, jointly and severally, bind tbl':lllSelvcs, their heirs.
lte(.'1.I~l's> adminiSlI1lIOrS, S\lCc.e55Urs. and llSsigns to OWlleI to pay fur'labor.
larerials, and equipment fiJ.rnished by C1aiJtlallts for use in the performance of
Je Cor;n'.~ct, wbkh is incorporated herein by reference.
. WitiJ TCBpet;l ~o OWlJ~, this obligation shall be null and void if CIJIlIl'actor:
Z.l. Promptly makt::!l paymenr. di=ly OT inditectly, for all sums due
ClaimaJns I and
2.2. Defends. indl:rIlIlifics. and bolds hennless O\Vm~r from all claim!J,
drmlaJids, lil:J;I5., or SuiLS alle:giDg non-payment by COIltraclOr by any
persoIl. 'or entity who funlished Illbor, rnatl::rials. or cquipml:1ll. for use
in the performanlle of the Contratlt., provided OWl1eI" has promptly
notified ContTlICtOr aDd Sun:ty (at the addresses delicribed in
PllI1l.gnph Il) of any claims, demandB, liens, or 5\lil'l and tendered
defense of such claims. demands, Jicrul, lit suits to tantraClor and
Surety. and providc=d there is IJI) Owner Defdll![.
i. With respect to C1aiImmts. Ibis obligation shall be null and void if
:ontractor promptly m~ payment. directly or indireeliy I for an &U11lB due.
~" Sumy shaIJ. have no obligation 1.0 Clail:n1l~ tmdcr !his Bond l,l))ti1:
4.1. ClaixnJ!nlS wbo arc employed by or have a direct contrl!llt with
Conr:raetor hav/;: given notice to S\lTcty (111: the addresses i;!~cribcd in
l?ltta.gI'aph l~) and sCJit a copy. or noticc thereof. to OWller, ststhig
that a: claim is being made uIJd~ this Bond and, witb su~
accunu:::y, the llIDOIIIIt of the cl~iII1.
4,2, C111~ who do flot D..1VC Jl. d1rcct contract with Contrllctor:
1. Rave furnished written notice to Contr:lctOT ami ~lIDl a copy, or
nOtice ,thereof. to Owner. within 90 <lays after having last
pcd'onned labor OT last :fUrnished mtlW:l.ials or equipment inr.:hll;lcd.
in the claim s1llti:ng, with substantial 1ICllIIl'acy, the il.1nount of the
claim aM tI;lc 1JlUIIll of we p;my t.;I whom me materillls or
equipment Wl;lJ'c ~d or suppliC(i, or Tor whom ihe labor WBll
done or performed; md
.2. Halle either received a rejection in wl;tole or in part from
Contractor, or not TClldved within 30 day.\! or:furnishing the above
notice llny IlQmmuniearlon from Contractor by which Contrllctor
had looicated the claiD1 will be paid di:rectly or Indirectly: ant1
3. Not having been paid Within the aboVl: 30 days, have sent a written
IJOpce U) SUrety and sent a copy, or .dotice thereof, to DwDer,
al:llting IhaJ: a claim i8 1;!cing made under this Bond and c:ncloaing a
copy of the previous written .notice furnisllcd to ContraCtt:lr.
5. If a. notice by II C1~ ~ed by Paragraph 4 is provided by Own~ to
Contractor or to Surety, that is sufficient complillnce.
6. When a Claimant has satisfi~tj the conditiODS of Paragr~pb 4, the S'u1tty
sha.ll prompdy and at Surety'!! ocpenac 1lIke: the following ac.tions:
6.1. Send an ll.DSWeT to that Claimant, with a copy tn Owner, within 45
~llYS aft~ receipt of the claim, stilting the amOUI1l.S lhat are lllldisputed
and'tlie basis for challenging any amOUDtii tha.r. are disputed.
6.2. P-dY or arrange for payment of any widIsputed amounts.
7, Surely's totlll obligation shHll OOt e.xceed tb~ amlJllDt of this Bond., and the
amO'\lnt of thi!l Bond ijball be etedited for any paymc:nt!l llll!I.Ie in good faith by
Surety .
FOR lNFORMA'UON ONLY - Name, Address 111'(\ Telephone
Surety Agl!Ill:J or BrDken
Owner's :Reptes~W <<VI.! (engineer or othergarlY);
8. Amou1lls owC:d by Owner [0 Contractor undl;:T the Conn-act ~llil be!Dsed for
the ptrrformance of the ConlTlIct and to satisfy daims, if ~y, u~~er aT.lY
performance 'Qond. By Contractor furnishi11g and OWl1U ace ~ng th$iBopd,
they agree that all funds earned by CODlTlIctoT in ill/;! P ot.m.anci!i 'of the
Contract :lTe ctcdka[ed to SlIti~fy obligations of Coulrucwr and '~lY ~i4cr this
Bolld. wi:\iect to OW.a~r' s priority [() llse me funds for tOe c: Ijtpletion of the
WMk. ! ;
I ' ,
9. Sur!;:!)' shaIllJOl be liabl!;' to Owner. Claimants, or others J ol>Hllrirnons of i
Contractor that are lJ1lI'/;!latcd to th~ Contract. Owner shall ~t b~ li?blc for ;
pa.yment of any cosrs or expcru;cs of any Clai:manlllll.der this ~ond, aiqd ,!bllll !
haYC under th;s Bond IlO obli~tions to make payments co, 've ndtices OR :
behalf of, or othenvise have obligatiollS to Claimants UIlder thi rmd. ,
J O. SUI'ety hercby waives l1oti~ of any cba1'lge, including
the Contract or tQ related SUbcomract.$, purchase orders .and 0
1] . No suil or a~tion shall be commc:nced by a Claimant umI ' . BQDd uthet :
tb8n in a COlll'l of c:ompetent jlll.i8dictiQn in the loc.1doD in Vo( , h the \york (Ji ~
p;ut or the Work ja loClllted. Or after the QpiratiOIl. of OM ycar m th~ ?lltc (1) i
on wilich the Claimant gave the oolice required by Paragrapb 1 or P.ai'agrllph :
4.:2.:;1, or (2) on whir;:11 the last Jabor or serville W'dS performed b mfQ!li: or the !
ll1i:t :mlI1:cri.aJs or e:qnipmem were furnished by myone wder' Co CoI!$llCtion i
Contrac:t, whichever of (1) Or (2) first \1=. If the p "o~ ,of tl1is !
p;in1~ph are void or proiu'biU:d by law, the minimum . d of rumtlltiO/l :
available to Sllteties ~ a dcflmSe iI2 the jurisdilltion of ~ suit: ;:shall be!
applicable. '
l~. Notii:e to Surety, Owner, ur Coutrocror sl1a11 be mailed
lldQrcsBt::!i shown on 1\1e !lignalure page. Ac:1llal receipt of
Owm:r. or Contrl\C1DT, bowever accompli.'lJied, shall be suffici
of th~ date recctvcd at the address sbown on the s.ignaiUr~ plig .
I
13. When this aond bas been furnished m comply with a s
in the location wbem the CDnttaq WlI5 to be Ffurmed. aD
.!:loIJt.\ conflicting with said smtutory rcquircml:1Jl. shall be , : delewd !
berefrom and proviRioIlti conforming to snch amtJirory r . t;:Uler1t,:~all be;
dCi:lI1ed inCO.rpoIlli~ hemin. The intent is tilat thi.a Bond sb, e corilllrued ~s !
II statutory Bond and llot as a COIlIDlblllaW bond- I,', :
14.' Upon re~t of any pt:I'llOtt or emity appearing t~J be: a pDtcDtial;
beneficiary of t1Jis Bond. CoD.lt.acror shall promptly fm:msh a rlPY of ~is Bond :
or s.ba.ll ,permit a copy to hi: liiade, I i
, I
i
15. DEF.1NITION'S
"
"
IS.1. Claimant; An indivia~l (IT c:ntity having 1I fliT Ilo~l w~th:
ComraclDr, or wffiJ, a tiTIlt-ticr 11I1.bcorllractor of Cr. tP. fumisb ;
labor I !l1JIwtiala, I;lT c:quijJIllellt for use in tte Cli of 1b~;
Contract. T!1e in1J::Dt of Ibis Bond sbaU oe to ludq : witbl;l\l~ :
limitation m the 1r:rms "labor. mataiaJs Q. e n that: plITt ,of!
water. 811.Q, power, liJgbt. heat, oil, glllloline,:teI ll.e seririCIJ:, or i
rcmtlll equipment U$ed in the CODIl:lIt:t, arnbitee e:n~ring
Servilles requited for performance or the Work 9f Contl1lctor ll):ld
CQntnl.ClOr'S Subcon!Tac:to~, and an oilier it fin" !whiclt II.
meclJanic's lien may be aeaert.cd in the jurisdiction bl;:Tc!hi: labor. \
maletials, or cquipmer1t werc fumished. I I i
I
1.5.2, C.ontract,: The agr=t betWeen. Owner lUld Con
the si ,gnatllTe page. including all Contract Do
tDerclD .
Il r ide;(llified on i
and' :changll:S !
I
,:1 1
beeJ1 ~~i::dicd I
e Contdt;t or tQ i
e:rent. i '
U.3. Owner Default: Failure of Own~, which has nei
nor waived, to pay Contraewr as required by
perfoI'Ili and (:()mp.l~e or comply with the other ler
ACKNOWLEDGlVIENT OF PRINCIPAL (Individual)
State of }
County of
On this day of ~ , in the year , before me
personally comes ~ ,
to me lrnown and lrnown to me t~th~on who is described in and executed the foregoing instrument, and
acknowledges to me that -lJ.€~ executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of
County of
On this
}
personally come( s)
day of
~
a member of the co-partnership of ~ ,
to me known and known to~person who is described in and executed the foregoing instnnnent, and
acknowledges to me that he/she executed the same as the act and deed ofthe said co-partnership.
, in the year
, before me
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC)
State of jY)1 n.^e ,,)tO~Ci\ }
County of H~tli\efj tl,.
On this /6/""-
personally come(s) --'!J leA Cl-e,( 1 t\.
"""
day of J ,",,^<L
, in the year 20:9 S- , before me
QJ 'Ze,,( Hl .
to me mown, who being duly sworn, deposes and says that he/she resides in the Ci~ of M IIII'\. eo/I) Jt >
that he/she is the ft"", Je" r of the Set" Y I ~j5eMe. ~ C~oJ.,"c ",,,,11 I nr
the corporation described in and which executed the foregoiJg instrument; that he/she knows the seal of the said
corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of
the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order.
Kassam All Mohaml'i)ed Karim
Notary Public
Minnesota
My Commission Expires Jan. 31. 2009
~~'K~
Notary Public
Western Surety Company
Bond No. 22238185
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Jack L Anderson, Geoffrey Hathaway, Rita Jorgenson, Brenda Risa, Amy Nordaune, Ronae
M Rose, Individually
of Montevideo, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders ofthe corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 7th day of June, 2005.
~''\'\\\\~RIET''~I#I'1.
#~?"-""-""C'o\.
f/:!!l C)~?OIl4;\~\
~:3\(,I ~!~~
\\";. ,seA"'/,f"!
%>l'oli1:..._....~o.....,../
""II",,,~,P,I~'\l'\\\.(:'
WESTERN SURETY COMPANY
~~"i"Vi,"pre"d'"t
State of South Dakota
County of Minnehaha
} ss
On this 7th day of June, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL ~
s s
~~NOTARY PUBLIC~~
~~SOUTH DAKOTA~~
+~~~~~~~~~~~~~~~~~~~~~~~+
/f)
~
/ "'
~ryPUbliC
My commission expires
CERTIFICATE
I, 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 14th day of June 2005
~\"\\\\~R1E'T""/''"'''1.
~\~.~_....."".t."o\
f~!'o~?OIl4;\~
~:l(,l ~1~~
~~\.s~ A"./~i
..lOii1:"._....~o...........
""',,,,,';f;,Pale~,,\\\\~
WESTERN SURETY COMPANY
c; ~~t~S"",""ry
Form F4280-0 1-02
ACKNOWLEDGEMENT OF SURETY
STATE OF MINNESOTA
}
COUNTY OF CHIPPEWA
On this 14 th day of lime , 2005 , before me, a Notary Public within and for said
County, personally appeared Brenda Risa to me personally known, who being by me duly
swom he/she did say that he/she is the attomey-in-fact of Western Surety Company, the
corporation named in the foregoing instrument, and the seal affixed to said instrument is the
corporation seal of said corporation, and sealed on behalf of said corporation by authority of its
Board of Directors and said Brenda Risa acknowledged said instrument to be the free act and
deed of said corporation.
~~&
NOTARY PUBLIC
My Commission Expires f - 3 /,J..{)/ {)
I"" ""'.~ 46~E~~;;~~61 "1
NOTARY PUBLIC. MINNESOTA
LUI ;~_,~,~~n~~3~~~~ul
NOTICE
In accordance with the Terrorism Risk Insurance Act of2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain policies written by anyone or more of the
following companies (collectively the "Writing Companies") as surety or insurer:
Western Surety Company, Universal Surety of America, Surety Bonding Company of
America, Continental Casualty Company, National Fire Insurance Company of Hartford,
American Casualty Company of Reading, P A, The Firemen's Insurance Company of
Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PRE:MIUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF
TERRORISM LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
Address:
. ~/-
--~ . , <"~ , /.. -7/ -"
~..ac:Ch~~ T J?-?~ e- 'd c.c':;7"L~,-/?'1c /
. I ',', /' / !( C
/ 7 / Y /?/c,;;~0-<,~--g/, 1':-' c> ..
~~/--=='. ,r;?/~/ S~-;//3
, ,/ :
;:::/2.. -; Y6~ !l72-''I
~,I L ~ / ~J'.-O~'3'7
Contractor's Business Name:
Phone No:
Fax No:
5"ec-fet-Jc-e.@CLtL ,(0 rr-
E-mail:
II
BID FORM
II
PROJECT IDENTIFICATION:
WATER TOWER FENCING AND
RESTORATION
CITY PROJECT NUMBER
#0307
BIDS TO BE OPENED:
10:00 A.M. - Wednesday, May lflt,
2005
This bid is submitted to:
CITY OF COLUMBIA HEIGHTS
637 38TH A VENUE NE
COLUMBIAHEIGHTS, MN 55421
1. 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.
2. BIDDER accepts all orthe terms and conditions ofthe Adve11isement or Invitation
to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for
sixty (60) days after the day of Bid opening. BIDDER will sign and submit the
Agreement with the Bonds and other documents required by the Bidding
Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF
AWARD.
9
3. 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):
Date ,;Nwnber
5/ If) !t}~ c/rC) ') (J -;
I I
(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.CA.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
perfonnance 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 infonnation or data are or will be
required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all infom1ation 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 fumish 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
(f) BIDDER has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and studies with the
teTIns and conditions of the Contract Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts,
enors, 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, firm or corporation and is not submitted in confoTInity
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.
4.
BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT
PRICE(S):
1
Remove and Replace Chain
Link Fence with 8-foot Black
Vinyl Coated, per specification
including gates. (Location Change) , "' r. ~
8' Cedarwood fence (solid) L.F. 50 $ ,I L)'C(} $ I~ (C) V 0 10 c;
Total Base Bid: $ ~3-'S'~ ~7.;Z.. 8 0
L.F.
995
,..-.; ") i J -
$jj. Y<I $:3:j ;j 7t~' t{C'
/
2
~, '/0/
/~/L1-L)::C'\ --tLv,L~ -~i.L~vL6-7,-L,) ':t C--L'_.t__1J) c~i) /),A...(".J.0-1 . ji,kL.~, J II (;1- C~I
\ \i- \
Total base bid written in words
11
ALTERNATE I-BASE BID FENCING ALTERNATE (Location Change)
No. Item
Unit Quantity Unit Price
Amount
1
Remove and Replace Chain L.F.
Link Fence with 8-foot Black
Vinyl Coated, per specification
including gates. (Location Change)
8' Cedar wood fence (solid) L.F.
995 $331~/i $ 33~'7t;)' BD
2
50 $ ~[},e)C) $ ~ 0 cOOl 0 D
TOTAL ALTERNATE 1 BASE BID $ .1.s~ eX '7 ~" 80
T~~~ ~~Q~~~A~.-;;kW J'%u
\ . . Total Alternate 1 Base Bid Written in Words .' )
AL TERNATE 2 - CONCRETE MAINTENANCE STRIP
With this alternate, Columbia Heights is requesting an alternate bid to place a one-foot wide
by 4-inch thickness concrete maintenance strip centered under all fencing to be placed with
this project.
No. Item
Unit Quantity Unit Price
Amount
1
Place l' concrete maintenance strip L.F. 995 $
$
TOTAL BID ALTERNATE 2
_~.A-i2.'7:::t0 ,
I
S-u / " fY:~"
eXJ t.j
Quantities are indicated for the convenience of the Bidder. Final Payment will be
based on actual quantities.
llA
5. BIDDER agrees that the Work will be completed as follows:
CITY PROJECT NO. 0307
WATER TOWER FENCING AND RESTORATION
Final inspection by September 31, 2005 for City project 0307, 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.
6. 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 in accordance with Division
1, Section 4, General Requirements.
(c) Affidavit of Non-Collusion.
7. Communications concerning this BID shall be addressed to the address of BIDDER
indicated below.
8. 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:
5~11 I/J)
I . I -
I /
,2005.
12
AN INDIVIDUAL
By
If BIDDER is:
Doing Business As
Address
(Individual's Name)
Telephone No:
A PARTNERSHIP
By
(Firm Name)
Business Address:
(General Partner)
Telephone No.:
13
(SEAL)
(SEAL)
A CORPORATION
A.
<) <, '-- '- ,/' e-;L/L I'
. 'J' -... ,.~ J,/ ,.- ... J".I V
By -. j:!C',:c-:tc.Aj -j ..Y--?XCc TL {':Ii/LA./' , ' ./'?1-~-,.
(torporation Name)
( ~
/;?~--7,--7~e-::?-c"J~
, < .
(State of IncorporatIOn)
(SEAL)
By
ATTEST:
(Secretary)
//' L?4;C Ie:
Business Address: /-7/y ff;?' ~~~ ~ <./,~
,
/;::;~A .~;:7/C// sTY/J
Telephone No. G/Z - -;;)'/.5-1"7 Z- f'
[ .
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
COUNTY OF
]4
AFFIDA VIT 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 fumished 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 this affidavit.
#~ .
BIDDER ,~
~, . . .. . 7:
~ #Cc~~?7:( 7ft~C-~ C;; r <----=.-/~ I
,.- / FIRM MAKING BIDS
Subscribed and sworn to before me
this day of
, 2005.
NAME
OFFICIAL TITLE
15
-t 0 i 'il"i [)
CHANGE ORDER NO. 1
Project: Water Tower Fencing Improvements
City Project: 0307
Owner: City of Columbia Heights Date ofIssuance: December 29, 2005
637 381h Avenue N.E.
Columbia Heights, MN 55421
Contractor: Security Fence and Const., Inc. Engineer: City Engineer
1719 Madison Street NE
Minneapolis, MN 55413
You are directed to make the following changes in the Contract Documents:
Description: Change in original contract price to compensate for additional work added to the
contract by the City.
Purpose of Change Order: The contract has been modified to include the addition of one (1) 4' by 8'
walk gate complete with hardware.
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price: Original Contract Time:
$ 35,272.80
Previous Change Orders No. _ to No._ Net Change from Previous Change Order:
'lr. T ____
J'4UJlC
Contract Price Prior to this Change Order: Contract Time Prior to this Change Order:
$ 35,272.80
Net Increase ofthis Change Order: Net Increase (Decrease) of Change Order:
$ 639.00
Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders:
$ 35,911.80
Recom~ed Approved
I~
By: ~ fA . t1JY\ f)D N1 By:
City fngined'--~ \ Security Fence and Const., Inc.