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HomeMy WebLinkAboutContract 1840 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 16 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. 18 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.