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STANDARD FORM O:F AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by
MINNESOT A (OWNER) and
(CONTRACTOR).
, COLU~~EIGHTS,
OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein,
a2ree 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:
2006 STREET REHABILITATION, ZONE 7B AND lA
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Wark under the Contract Documents may be the whole or only
a part is generally described as follows:
CITY PROJECT NO. 0502
. STREET RECONSTRUCTION
. WATER MAIN
. STORM SEWER
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS'
ENGINEERING DEPARTMENT (ENGINEER), 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 Wark in accordance with
the Contract Documents.
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ARTICLE 4 - CONTRACT TIMES
4.01 Time afthe Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion
and readiness for final payment as stated in the Contract Documents are of the
essence of the Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before September 1,2006,
and completed and ready for final payment in accordance with Paragraph 14.07 ofthe
General Conditions on or before September 29,2006.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in Paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty),
CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time
specified in Paragraph 4.02 for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or
fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00
for each day that expires after the time specified in Paragraph 4.02 for completion
and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion ofthe 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
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 9.07 of the General Conditions. Unit
prices have been computed as provided in Paragraph 11.03 of the General
Conditions.
21
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
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 as provided 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 including but not
limited to liquidated damages, in accordance with Paragraph 14.02 of the
General Conditions:
a. 95% ofW ork 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 additional
retainage; and
b. 95% of cost of materials and equipment not incorporated in
the Work (with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount
sufficient to increase total payments to CONTRACTOR to 98% of the Work
completed, less such amounts as ENGINEER shall determine in accordance
with Paragraph 14.02.B.5 of the General Conditions and less 5% of
ENGINEER's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the
certificate of Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with
Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07.
22
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 ofthe General Conditions
and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the
Site which has been identified in the Supplementary Conditions as provided in
Paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for doing so) all additional or supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which may affect
cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be
employed by CONTRACTOR, including any specific means, methods, techniques,
sequences, and procedures of construction expressly required by the Bidding
Documents, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations,
investigations, explorations, tests, studies, or data are necessary for the performance
of the Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
23
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
1. CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
24
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 1 through
47, inclusive, with each sheet bearing the general title Zone 7B or
Zone lA and the City Project Number.
9. Addenda (numbers _ to _, inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. CONTRACTOR's Bid (pages _ to _, inclusive).
b. Documentation submitted by CONTRACTOR prior to Notice
of Award (pages _ to _, inclusive).
c.
11. The following which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
a. Notice to Proceed (pages _ to _, inclusive).
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 as
provided in Paragraph 3.04 ofthe General Conditions.
25
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General
Conditions and the Supplementary Conditions.
10.02 Assignment of 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 under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions (if applicable).
26
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
Agreement).
/~~
OWNER:
Gary/Peterson, Mayor
[CORPORATE SEAL]
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).
Designated Representat:vr
Name: EIIIN N/ftJSEN
Title~lJ-b /,~ Wo!2/CS / /r-. l/j
Address: t3 7- :3 f th /fr Ii"- I IV E:
Phone: 1t.3 7tJ6 -3 7CJtJ
Facsimile: 763 7t1t -3701
27
,2006 (which is the Effective Date of the
By:
Title:
[CORPORA TE SEAL]
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:
Client#: 2070
MIDWASPI
ACORDTlA CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYVY)
OS/26/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MN-COMMERCIAL LINES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
COBB STRECKER DUNPHY & ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
150 S FIFTH ST STE 2800
MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: ZURICH AMERICAN INSURANCE COMPA ~Y
MIDWEST ASP HAL T CORPORATION ET AL INSURER B: NAVIGATORS INSURANCE CO
PO BOX 5477 INSURER c.
HOPKINS, MN 55343 INSURER D:
I INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~~~ Prf..tf~Y J~igg/~~\E p~~~J I~XJ;~b'~\gN
LTR TYPE OF INSURANCE POLICY NUMBER LIMITS
A GENERAL LIABILITY GL0372604404 04/01/06 04/01/07 EACH OCCURRENCE $1 000 000
I-- ~~~6~~m~ENTED neel
~ COMMERCIAL GENERAL LIABILITY I , nee""en $300.000
I-- =:J CLAIMS MADE ~ OCCUR INCLUDES: MED EXP (Anyone person) $10000
~ XCU OPERATIONS OF PERSONAL & ADV INJURY $1 000000
~ BROAD FORM PD SUBS-CONTINGENT GENERAL AGGREGATE $2 000 000
GEN'L AGGREGATE LIMIT APPLIES PER: CONTRACTUAL L1AB PRODUCTS - COMP/OP AGG $2 000 000
'-l !Xl PRO- nLOC
POLICY JECT
A AUTOMOBILE LIABILITY BAP372604504 04/01/06 04/01/07 COMBINED SINGLE LIMIT
- $1,000,000
L ANY AUTO (Ea accident)
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
K- HIRED AUTOS BODILY INJURY
$
K- NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
~AGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY. AGG $
B EXCESS/UMBRELLA LIABILITY CH06UMB137133NV 04/01/06 04/01/07 EACH OCCURRENCE $2 000 000
~ OCCUR D CLAIMS MADE AGGREGATE $2 000 000
$
;=j DEDUCTIBLE $
X RETENTION $0 $
A WORKERS COMPENSATION AND WC372604304 04/01/06 04/01/07 X I TI{';~,J;r~~~~ I IOJ~-
EMPLOYERS' LIABILITY $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under $1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
JOB #16625; 2006 STREET REHABILITATION ZONE 7B & A1, CITY PROJECT NO 0502
SAP 113-050-06
ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT W/RESPECT TO
GENERAL LIABILITY:
CITY OF COLUMBIA HEIGHTS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF COLUMBIA HEIGHTS DATE THEREOF, THE ISSUING INSURER WILL 1~:rxl~jlRX~ MAIL ---3.0.- DAYS WRITTEN
637 38TH AVE NE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,~l(:R~~k
COLUMBIA HEIGHTS, MN 55421 ~RXK~~A~K~~RX~KHX~~XX~~MXM~~~KX>>~~XX
XK00e6X~ltX
AUTHORIZED REPRESENTATIVE
o ,-_./L-U, )l..~r;:.
v
ACORD 25 (2001/08) 1 of 2
#S224785/M213617
VLH
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S224785/M213617
Contractor's Business Name: M.ll:::~A_iE51 ~-:)i>tt*t7r Cbf-F
Address: -R:> 'O.o~ L5AcTI
HoP~ N'S MN sS34-~
Phone No: 952.- 93, - 8b'33
Fax No: c::n~ <--9."'3,- bl to
II
BID FORM
II
PROJECT IDENTIFICATION: 2006 STREET REHABILITATION
CITY PROJECT NUMBER 0502
BIDS TO BE OPENED: 10:00 A.M. - Thursday, May 11,2006
This bid is submitted to: CITY OF COLUMBIA HEIGHTS
637 - 38TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into
an agreement with OWNER on 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 of the terms and conditions of the Advertisement or Invitation
to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for
sixty (60) days after the day of Bid opening. 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.
3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement,
that:
10
(a) BIDDER has examined copies of all the Bidding Documents and of
the following Addenda (receipt of all of which is hereby acknowledged):
Date
~17-7/0b.
S/5!Ob
Number
ff-(
4t~
(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) BID D ER has studied carefully all reports and drawings of subsurface
conditions and drawings of physical conditions which are identified in the
Supplementary Conditions as provided in Paragraph 4.02 & 4.03 of the
General Conditions, and accepts the determination set forth in Paragraph S.C.
4.02 & 4.03 of the Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which BIDDER is entitled
to rely.
(d) BIDDER has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests and studies (in addition to orto supplement
those referred to in (c) above) which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance
or furnishing of the work as BIDDER considers necessary for the
performance offurnishing the work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of
the General Conditions; and no additional examinations, investigations,
explorations, tests, reports or similar information or data are or will be
required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar
information or data in respect of said Underground Facilities are or will be
required by BIDDER in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of Paragraph 4.04 of the General Conditions.
11
(f) BIDDER has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and studies with the
terms and conditions of the Contract Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts,
errors, discrepancies that it has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; BIDDER has not directly or indirectly induced or solicited any
other BIDDER to submit a false or sham Bid; BIDDER has not solicited or
induced any person, firm or corporation to refrain 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):
(See Attached Pages 13 through 16)
Quantities are indicated for the convenience of the Bidder. Final Payment will be
based on actual quantities.
12
BID PROPOSAL FORM - WITH ADDENDUMS 1 AND 2
CITY OF COLUMBIA HEIGHTS
2006 STREET REHABILITATION - CITY PROJECT NUMBER 0502
Nil. Ikm l1ni1 Quantity Unit Price Amount
1 Mobilization LS 1 100,000.00 $ 100,000.00
2 Clearing Tree 9 510.00 $ 4,590.00
3 Grubbing Tree 9 170.00 $ 1,530.00
4 Remove concrete curb and gutter LF 8,402 4.40 $ 36,968.80
5 Remove concrete curb LF 10 4.00 40.00
6 Remove water main LF 3,375 $ 7.90 $ 26,662.50
7 Remove hydrant lead inc. valve and box LF 7 11.80 82.60
8 Remove water service pipe LF 115 $ 7.30 839.50
9 Remove sewer pipe LF 547 13.50 7,384.50
10 Remove chain link fence LF 164 6.35 1,041.40
11 Remove concrete alley/apron SF 413 1.70 702.10
12 Remove concrete driveway/apron SF 1,183 0.57 674.31
13 Remove concrete walk SF 6,025 0.48 $ 2,892.00
14 Remove concrete step SF 46 $ 3.80 $ 174.80
15 Remove bituminous pavement SY 21,062 $ 2.10 $ 44,230.20
16 Remove x-depth pavement SY 714 $ 5.50 $ 3,927.00
17 Remove bituminous alley SY 45 5.30 238.50
18 Remove bituminous driveway SY 451 $ 3.50 $ 1,578.50
19 Remove water main gate valve and box Ea 9 94.50 850.50
20 Remove manhole (MH) Ea 2 315.00 $ 630.00
21 Remove catch basin (CB) Ea 18 315.00 $ 5,670.00
22 Sawcut concrete LF 760 5.20 $ 3,952.00
23 Sawcut bituminous LF 3,178 3.30 $ 10,487.40
24 Salvage hydrant Ea 7 395.00 $ 2,765.00
25 Salvage MH or CB casting Ea 51 150.00 $ 7,650.00
26 Remove sanitary MH top-4606 Johnson LS 1 590.00 $ 590.00
27 Remove driveway gate and apparatus LS 1 450.00 $ 450.00
28 Salvage driveway gate and apparatus LS 1 210.00 $ 210.00
29 Salvage handrail at 3741 2nd St LS 1 285.00 285.00
30 Common excavation (P) CY 9,580 15.50 $ 148,490.00
31 Subgrade correction (CV) CY 3,602 19.15 $ 68,978.30
32 Select granular borrow (CV) CY 3,602 18.35 $ 66,096.70
33 Aggregate base class 5 or 7 (CV) CY 7,507 $ 23.55 $ 176,789.85
34 Mill bituminous pavement SY 22,254 0.70 $ 15,577.80
35 Sawed/sealed joint LF 6,226 1.80 $ 11,206.80
36 Bituminous wear course Ton 4,576 54.15 $ 247,790.40
37 Bituminous non-wear course Ton 3,214 48.10 $ 154,593.40
38 Tack coat Gal 2,302 1.95 $ 4,488.90
39 Granular foundation for pipe (if needed) Ton 8 41.85 334.80
40 Granular bedding for pipe Ton 89 $ 23.30 $ 2,073.70
13
No. Item lInit Quantity Unit Price Amount
41 18" RCP - Class III LF 430 33.40 $ 14,362.00
42 15" RCP - Class V LF 289 31.10 $ 8,987.90
43 12" RCP - Class V LF 351 29.30 $ 10,284.30
44 12" PVC LF 8 27.20 217.60
45 4" Perforated drain pipe LF 91 21.10 $ 1,920.10
46 12" RCP to 12" PVC construction joint Ea 1 440.00 440.00
47 2" Insulation board (if needed) SY 80 19.85 $ 1,588.00
48 Temporary water service on 2nd, 37-38 LS 1 $ 8,700.00 $ 8,700.00
49 Temporary water service on 2nd, 38-39 LS 1 $ 9,700.00 $ 9,700.00
50 Temporary water service on 2nd, 39-40 LS 1 $ 6,400.00 $ 6,400.00
51 Temporary water service on 2 ;/2 Ave LS 1 $ 16,500.00 $ 16,500.00
52 Temporary water service on Edgemoor LS 1 $ 2,800.00 $ 2,800.00
53 8" Gate valve and box Ea 13 $ 1,250.00 $ 16,250.00
54 6" Gate valve and box inc. hydrant valve Ea 7 $ 985.00 $ 6,895.00
55 Hydrant Ea 5 $ 2,590.00 $ 12,950.00
56 I" Corporation Ea 116 $ 91.65 $ 10,631.40
57 Reconnect service Ea 89 $ 335.00 $ 29,815.00
58 I" Curb box Ea 36 210.00 $ 7,560.00
59 I" Curb stop Ea 36 $ 110.00 $ 3,960.00
60 Replace curb box or curb stop Ea 6 590.00 $ 3,540.00
61 Relocate curb stop and box (if needed) Ea 1 $ 635.00 $ 635.00
62 10" DIP water main - Cl. 52 LF 5 41.85 209.25
63 8" DIP water main - Cl. 52 LF 3,597 $ 32.70 $ 117,621.90
64 6" DIP water main or hydrant lead - CI. 52 LF 80 $ 27.85 $ 2,228.00
65 I" Type K copp'er pipe LF 1,219 $ 21.95 $ 26,757.05
66 Water main fittings Lb 3,515 $ 3.30 $ 11,599.50
67 MH Type Fl with casting (78") Ea 1 $ 5,600.00 $ 5,600.00
68 MH Type Bl with casting (48") Ea 1 $ 2,400.00 $ 2,400.00
69 48" CB Type Y with casting Ea 7 $ 2,200.00 $ 15,400.00
70 2' x 3' CB Type X with casting Ea 20 $ 1,750.00 $ 35,000.00
71 San. MH-new rings, casting and seal Ea 15 950.00 $ 14,250.00
72 St. MH or CB-new rings, casting and seal Ea 2 $ 1,100.00 $ 2,200.00
73 Install new CB casting Ea 3 $ 650.00 $ 1,950.00
74 Reinstall CB casting-new rings and seal Ea 3 280.00 840.00
75 Reconstruct storm MH top Ea 2 1,275.00 $ 2,550.00
76 Reconstruct storm MH or CB base Ea 5 1,450.00 $ 7,250.00
77 48" San. MH barrellcone-4606 Johnson LF 10 320.00 $ 3,200.00
78 Geotextile fabric (if needed) SY 15,827 1.35 $ 21,366.45
79 Concrete walk SF 5,754 4.20 $ 24,166.80
80 Concrete step SF 129 56.45 $ 7,282.05
81 Concrete curb and gutter LF 9,442 $ 11.15 $ 105,278.30
82 Concrete curb LF 10 22.80 228.00
83 Concrete gutter SF 532 $ 5.70 $ 3,032.40
84 Concrete alley / apron SF 339 5.90 $ 2,000.10
14
Nil.. !rem llni1 Quantity Unit Price Amount
85 Concrete driveway apron SF 2,544 5.90 $ 15,009.60
86 Concrete driveway SF 242 $ 9.40 $ 2,274.80
87 Reinstall driveway gate and apparatus LS 1 $ 2,000.00 $ 2,000.00
88 Reinstall hand rail at 3741 2nd LS 1 $ 285.00 $ 285.00
89 Chain link fence LF 184 15.85 $ 2,916.40
90 Traffic control LS 1 6,800.00 $ 6,800.00
91 Tree, 2 W' B & B Ea 4 510.00 $ 2,040.00
92 Shrub at 4606 Johnson, 24" Ea 4 170.00 680.00
93 MH or CB protection (Road Drain) Ea 41 115.00 $ 4,715.00
94 Sod with topsoil SY 7,937 6.40 $ 50,796.80
95 Restore landscaping at 4606 Johnson LS I $ 1,795.00 $ 1,795.00
96 Biobarrier LF 80 5.70 $ 456.00
TOTAL BASE BID $ 1,839,831.96~
~\ctIrtT ~\).~O4..0\~ll.-'\~ tJ~~C ~O
O.J 1::- f"\(U lc50 ~\t4.4\~\MJD~ T+{ (fCf~ (HJL ANO
Total Base Bid Written in Words ~4iJ fi- ,,'t ~\ 'I- C-tc.~
ALTERNATE 1- RESIDENTIAL CONSTRUCTION
With this alternate, Columbia Heights residents located adjacent to the construction project may purchase
driveway or sidewalk construction services at their request at the City bid prices listed below. These
purchases are to be a direct private agreement between the resident and contractor. The residents will be
entitled to the same service, quality and price as guaranteed in the City bid.
Nil.. !rem llni1 Quantity Unit Price Amount
1 Remove bituminous driveway SY 10 16.70 167.00
2 Remove concrete driveway SF 10 $ 10.10 $ 101.00
3 Remove concrete sidewalk SF 10 9.10 91.00
4 Remove concrete step SF 10 $ 16.70 $ 167.00
5 Aggregate base class 5 Ton 100 $ 36.40 $ 3,640.00
6 Bituminous driveway Ton 10 255.00 $ 2,550.00
7 Concrete driveway SF 10 $ 14.45 $ 144.5 0
8 Concrete sidewalk SF 10 13.95 139.50
9 Concrete step SF 10 $ 77.80 $ 778.00
TOTAL BID ALTERNATE 1 $ 7,778.00
~h::..J \U-6<..lSA~Q ';;EJ~ Uc.ti,)CM.m ?t>4~ LtC{~T ~1..{..J\--L7
Total Bid Alternate 1 Written in Words
15
AL TERN A TE 2 - STORM SEWER IMPROVEMENTS
N.o... I1rnl Unit Quantity Unit Price Amount
DEDUCT:
1 Mill bituminous pavement SY 2,185 0.70 $ 1,529.50
ADD:
2 Remove concrete curb and gutter LF 335 5.05 $ 1,691.75
3 Remove sewer pipe LF 677 13.50 $ 9,139.50
4 Remove concrete walk SF 100 1.00 100.00
5 Remove bituminous pavement SY 2,]85 1.75 $ 3,823.75
6 Remove x-depth pavement SY 680 7.10 $ 4,828.00
7 Remove manhole (MH) Ea 3 590.00 $ 1,770.00
8 Sawcut concrete LF 20 6.60 ] 32.00
9 Sawcut bituminous LF 460 5.75 $ 2,645.00
10 Salvage MH or CB casting Ea 7 ]95.00 $ ] ,365.00
]] Common excavation (P) CY 8]0 ]6.70 $ ]3,527.00
12 Aggregate base class 5 or 7 (CV) CY 8]0 22.95 $ ]8,589.50
13 Bituminous wear course Ton 75 60.45 $ 4,533.75
14 Bituminous non-wear course Ton 525 49.20 $ 25,830.00
15 Tack coat Gal 35 $ 2.30 80.50
]6 48" RCP - Long Radius Bend LF 96 $ 225.00 $ 2],600.00
]7 48" RCP - Class III LF 20 130.00 $ 2,600.00
]8 18" RCP - Class III LF 285 $ 33.45 $ 9,533.25
19 15" RCP - Class V LF 310 $ 31.10 $ 9,641.00
20 12" RCP - Class V LF 385 29.30 $ ] ] ,280.50
2] 48" RCP to BCCMP construction joint Ea 2 $ ],2]0.00 $ 2,420.00
22 MH Type I with casting (]02") Ea 1 $ 13,200.00 $ 13,200.00
23 MH Type I - ] with casting (102") Ea ] $ 13,300.00 $ 13,300.00
24 MH Type B with casting (48") Ea ] $ 2,400.00 $ 2,400.00
25 48" CB Type Y with casting Ea ] $ 2,200.00 $ 2,200.00
26 2' x 3' CB Type X with casting Ea 3 $ ],735.00 $ 5,205.00
27 Reinstall CB casting-new rings and seal Ea 7 275.00 $ 1,925.00
28 Concrete walk SF 100 $ 4.50 $ 450.00
29 Concrete curb and gutter LF 335 ] 1.75 $ 3,936.25
30 Traffic control LS ] $ 2,000.00 $ 2,000.00
3] Sod with topsoil SY ]50 $ 11.90 $ ],785.00
TOTAL BID AL TERNA TE 2 $ 190,002.25
o t-.J ~ t!-u.!-> 0"-,,- 0 tJ t~ EL'\ ~ ""\'t-16 LO MD \Wo 'Vo\..-vTlLc;, ktJ 0 ~ """R l/ sC (!. ~<TS
Total Bid Alternate 2 Written in Words ~
16
5. BIDDER agrees that the Work will be completed as follows:
CITY PROJECT NO. 0502
. FULL AND PARTIAL STREET RECONSTRUCTION
. MILL AND OVERLAY
. WATER MAIN
. STORM SEWER
Final inspection by October 6, 2006 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.
\1\ {1~-
SUBMITTED ON: Mr"'Y
,2006.
17
If BIDDER is:
AN INDIVIDUAL
By
(Individual's Name)
Doing Business As
Address
Telephone No
A PARTNERSHIP
By
(Firm Name)
(General Partner)
Business Address
Telephone No.
(Continued on next page.)
18
(SEAL)
(SEAL)
A CORPORATION
By
Ml.DW~T fT~l-tfxt...T C-Drz..?
(Corporation Name)
(SEAL)
By
v · PREs ~
~
~. /7' ../
c ~
- /
retary)
(Title)
ATTEST
Business Address PO 'B=>'< 5477
Telephone No.
H'DP/c:..)NS MtV 5"&"'343
q 5 2.- C}37- <?0'33
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.
19
STATE OF
M INN E'$oTA-
COUNTY OF
tJ,15I\.J10,
AFFIDAVIT OF NON-COLLUSION:
(1) That I am the BIDDER (if the bidder is an individual), a partner in the
BIDDER (if the bidder is a partnership) of an officer or employee of the
BIDDER corporation having authority to sign on its behalf (if the BIDDER
is a corporation;
(2) That the attached bid or bids have been arrived at by the BIDDER
individually and have been submitted without collusion with, and without any
agreement, understanding or planned common course of action with any
vendor of materials, supplies, equipment or services described in the
invitation to bid designed to limit individual bidding or competition;
(3) That the contents of the bid or bids have not been communicated by the
BIDDER, or its employees or agents, to any person not any employee or
agent of the BIDDER, or its surety, on any bond furnished with the bid or
bids, and will not be communicated to any person, prior to any official
opening of the bids, or bids; and;
(4) That I have fully informed myself regarding the accuracy of the statements
made in this affidaVi& ~
~
MlbtNf:"Sf A-~f'IT~L.T Co~.,
FIRM MAKING BIDS
Subscribed and sworn to
this J / day of
, 2006.
20
SHIRLEY MAY EIDEM
Notary Publlo
Minnesota
My CommissIon expIreS January 31, 2010
BID PROPOSAL FORM - WITH ADDENDUMS I AND 2
CITY OF COLUMBIA IffiIGHTS
2006 STREET REHABILITATION - CITY PROJECT NUMBER 0502
MIDWEST ASPHALT CORP.
SUBCONTRACTOR LIST
Underground/Pipe
GL Contracting
Concrete Work
Curb Masters
Landscaping
RDN Contracting
Saw & Seal
Bergman Companies
Fence
Security Fence
Traffic Control
United Rentals
Bond No. 104654425
CONSTRUCTION PERFORMANCE BOND
Any sinlUJl~r reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Midwest Asphalt Corporation
F.O. Box 5477
Hopkins, MN 55343
OWNER (Name and Address):
City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421
CONSTRUCTION CONTRACT
Date: May 22, 2006
Amount: $1,839,831.96 ONE MILLION, EIGHT HUNDRED THIRTY-NINE THOUSAND,
Description (Name and Location): HUNDRED THIRTY ONE AND 96/100 DOLLARS
2006 Street Rehabilitation, Zone 7B and lA, Columbia Heights, MN
City Project No. 0502
SURETY (Name and Principal Place of Business):
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
One Tower Square
Hartford, CT 06183
EIGHT
BOND
Date (Not eBl'lier than Construction Contract Date): May 30, 2006
Amount: $1,839,831.96 ONE MILLION, EIGHT HUNDRED THIRTY-NINE THOUSAND, EIGHT
Modifications to this Bond Form: HUNDRED THIRTY-ONE AND 96/100 DOLLARS
None
Midwest Asphalt Corporation
CONTRACTORASProNCWAL
Company: ;};l:- ~eal)
Signature: tts,jd A:;t
Name and Title: .
Buryr Presi ent
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
SURETY
Company:
CONTRACTORASPRWCWAL
Company: (Corp. Seal)
Signature:
Name and Title'
I
s;eL
SURETY
Company: (Corp. Seal)
5'-h'-'l../d1
Signature:
Name and Title:
EJCDC No. 1910-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents
Committee, The Associated General Contractors of America, and the American Institute of Architects.
28
I. The Contrnctor and the Surety, jointly and severely. binds themselves. their
heirs, executors, adminlsl!lltors. successors and assigns to the Owner for the
performance of the Construction Contract, which is incorporated herein by
reference.
2. If the Contractor performs the Construction Contract. the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in SubparnVAph 3.1.
.). If there is no Owner Default, the Surety's obligation under this Bond shall arise
after;
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below, that the Owner is consideril1g declaring
a Contractor Default and has requested and attempted to 8.rl':aJ1ge a
conference with the Contractor I!fId the Surety to be held not later than
fifteen days after receipt of such notice to discuss methods of perfonning
the Cons!l1lction Conmct If the Owner, the Contractor and the Surety
agree. the Contractor shall be allowed a reasonable time to perform the
Construction Contrnct, but such an agreement shall not waive the
Owner's right, if any, subsequently to dcclare a Contractor Default; SJJd
3.2 The OWner has declared a Contractor Default and formally terrnilUlted
the Contractor's right to complete the contract. Such Contractor Detault
shall not be declared Cllrlier tbM twenty days after the Cont:nlctor and the
Suro;ty have received notice lIS provided in Subparagtllph 3.1; and
33 The Owner has agreed to pay the Balance of the Contract Price to the
Surc;ty in accordance with the terms of the Construction Contract in
accordllnce wit the temlS of the contract with the Owner.
4. WI1C1l the Owner has satisfied the conditions of Paragraph 3. the Surety shall
promptly ll11d at the Surety's elCpalSe take one of the following actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perfOml and
complete the Construction Conl.I1l.ct; or
4.2 Undertake to perform and complete the Construction Contract itself,
through its agenU or through independent contractors; or
4.3 Obtain bids or negotiated proposals for qualified contractors acceptable
to the. Owiler for a contract for. performance I\lld completion of the
Construction Contract, arrange for a contract to be prepared for
l:Xl:Cution by the Owner and the contt8ctor selected with the Owner's
concurrence, to be secured with performance and payment bonds
executed by l qualified surety equivalent to the bonds issued on the
Constitution Contract, and pay to the Owner the amount of dAmAges as
described in PaTllgraph 6 in excess of the Balance of the Conl!llct Price
incurred by the Owner resulting from the Contractor's default; or
4.4 Waive its tight to perfonn and complete, arrange for completion, OT
. obtain a new contractor and with rcasonllble: promptness under the
circumstances:
1. After investigation, determine the amouDt for which it may be
liable to the OWner lind, as soon as practicable after the: amount is
deY.el'l'flined. tender payment therefore: to the Owner, or
2. t'letly liability in whole: or in plIft and notify the Owner, or
5 _' If the Surety does not proceed as provided in Paragraph 4 with reasonable
prompmcss. the: Surety shall be deemed to be in default on this Bond fifteen days
after reccipt cf an ~ditiOilal and writren notice from the Owner to the S~
demanding trmt U1C Surety perform its Obligations under this Bond, and the Owner
shall he er,t'itled to enforce any remedy available: to the Owner. If the Surety
procr;cds as provided in Subparagnph 4.4. IInd the Ov./ner refuses the payment
tendered or the Surety had denied liability, in whole or in part. without further
notice the Owner shall be entitled to enforce any remedy available to the Owner.
6. After the Owner has terminated the: Contractor's ritht to complete the
Construction Contract, and if the Surety elects to act under Subparagraph 4.1,
4.2. or 4.3 above. then the TC$ponsibilities of the Surety to the Owner shall not
be grt:atcr thlln those of the Owner under the Construction Conmct, Ilnd the
responsibilities of the Owner to the Surety shall DOt be gre.llter than those of
the Owner under the Construction Con!mct To the limit of the amount of this
Bond. but subject to committed by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction Contract, the
Surery is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction for defective work
and completion of the Construction Contract.
6.2 Additional legal. design profwional and delay costs resulting from the
actions or failure to act of the Surety under Paragraph 4; And
6.3 Liquidated damages. or if no IiquidaJed damages are specified in the
Construction Contract, acmal dllmages caused by delayed pe:rt'omumce:
or non-performance ofthe Contnlclor.
7. The: Surety shall not be liable to the Owncr OT others for obligations of the
Contractor that are unrelated to the Constlllction Contract, and the Balance of
the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Sond to any
person or entity other than the Owner or its heirs. c:xccutors, admin isttators, or
successors.
8. The Surety hereby waives notice of any cha:nge, including changes of time, to
the Construction Contract or 10 n:lated subcontracts, purchase orders alJd other
obligatioJU.
9. Any proceeding, legal or equitable. under this Bond may be insliNled in any
court of competent jurisdiction in thc location in which the work or part of the
work is located and shall be jnstituted within tWo years after Contractor
Default or with in two years after the ContnlClor ceased work ing or with in two
Yf.:ars after the Surety refuscs or {ails to perfonn its obligations under this
Bond, whichever occurs fU'$t If the provisions of this PllIllgraph arc void or
prohibited by Ia.w, the minimnm period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mJliled Ot delivered
to the address shown on the signature page.
II. When this Bond has been furnished to comply with a statutory or other legal
requiremr;nt in the location where the construction was to be performed. any
provision in this Bond conflicting with said statutory or legal n;quirement
shall be deemed delcted here from and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. The
intent is that this Bond shall be construed as. a statutory bond IlI1d not !\S
eommon law bond_
12. Definitions:
. 12.1 Balance of the Contract Price; TIle 10tal amount payable by the Owner
to the: Contractor under the Construction Contract after all proper
aqjustmcnt3 have been made, including allowance to the Contractor of
IIlIY amounts received or to be received by the OWner in settlement of
inslltMce or other claim s for damages to which the ConlnlCloris
entitled. reduced by all valid and proper payment3 made to or 01\ behalf
of the Contractor under the Contraction Contract..
12.2 Construction Contract: The: agreement between the Owner IIlId the
Contractor identified on the signature page, including 1111 Contract
DoclU1'lents IInd changes thereto.
12.3 Contractor Default: Failure of the Contrac1or. which has neither been
remedied nor waived. to pcrfonn or othl%Wise 10 comply wit the terms of
the: Construction Contract.
12.4 Owner Default: Faihlre of the OWner, which has neither been remedied
nor waived, to pay the Contractor as reqllired by the Constroction
Contract or to perform and compll:tc: or comply with the other terms
thereof.
(FOR INFORMATION ONLY.Name, Address, and Telephone)
AGENT or BROKER:
Cobb Strecker Dunphy & Zimmermann, Inc.
OWNERS REPRESENT A TIVE{Architect. Engineer. or other party);
150 S. Fifth St., Suite 2800, Mpls., MN ~02
612.349.2400
CONSTRUCTIONPAYMrnNTBOND
Any singular reference to the Contractor, Surety. Owner or other partY shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Midwest Asphalt Corporation
P.O. Box 5477
Hopkins, MN 55343
OWNER (Name and Address):
City of Columbia Heiglits
637 38th Avenue N.E.
Columbia Heights, MN 55421
CONSTRUCTI9tilfq~;Rjbtrl
D&e: $1,839,831.96 ONE MILLION, EIGHT HUNDRED THIRTY-NINE THOUSAND, EIGHT
Amount: HUNDRED THIRTY ONE AND 96/100 DOLLARS
Desc.ription. (Name and Location):
2006 Street Rehabilitation, Zone 7B and lA, Columbia Heights, MN
City Project No. 0502
SURElY (Name and Principal Place of Business):
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
One Tower Square
Hartford, CT 06183
BOND
Date (Not earlier than Construction Contract Date): May 30, 2006
Amount: $1,839,831.96 ONE MILLION, EIGHT HUNDRED THIRTY-NINE THOUSAND, EIGHT
Modifications to this Bond Form: HUNDRED THIRTY-ONE AND 96/100 DOLLARS
None
Midwest A~phalt Corporation
CONTRACTORASPRWC~AL
Company: (Corp. Seal)
TRAVELERS CASUALTY AND SURETY COMPANY OF
SlntE1ir AMERICA
Company: (co:z~. ~..
Signature:~. ~
Name and 1 e:
Linda K. French, Attorney-in-Fact
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
, l1h. ~Q j))
Signature: .;r . "
Name and T1tle:,/ I +
M wi rl cn'd. 5 c--'" '1 , ~
)LC
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
BJCDC N9. 1910-28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents
Committee, The Associated General Contractors of America, and the American Institute of Architects, American
Subcontractors Association, and the Associated Specialty Contractors.
Reprinied 10/90
30
1. The Contmelor and the Surety, jointly and severally, bind themselves. their
heirs, executors. administrators. successors and assisns 10 the Owrter to
pay for labor, materials llnd equipment furnished for use in the
perfonnance of the Cons!tUction Contract, which is incorporated herein
by reference.
2. With respect to the Owner. tllis oblisalion shall be null and void if the
Contractor;
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose clllim, demand,
lien or suit is for payment for labor, materials or equipment furnished
for use in the perf'ormllJlce of the Construction Contl'llct, provided the
Owner has promptly notified the ContrllCtor and thc Surety (at the
address described in Pmgraph 12) of any claims, demands, liens Or
suits and tendered defense of such claims, demlU1ds, liens, or suits to
the Contractor and the Surety, and provided there is no OWner
Default.
3. With rc::spect to ClaimllJlts, this obligation shall be null and void if the
Contrnctors promptly mlikes payment, directly or indirectly. for all sums
due.
4. The Surety shall have no Obligation to ClaimlU1\s under this Bond untik
4.1 Claimants who are employed by or have a direct contract with the
Contract have given notice to the Surely (at the address described in
Paragraph 12) and sent a copy, or notice thereo~ to the Owner
stating that a claim is being made under this Bond and. with
substantial accuracy, the amount of the claim. .
4.2 Claimants who do now have a direct contract with the Contnlctor:
I, Have fUrnished writtaJ notice to the CODll'llCtor and sent a
copY. or notice thert:Of. to the OWllet, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating. with substantial
accuracy, the amount of the claim and the nllme of the party to
whom the materials were fUrnished or supplied or for whom
the Jabor was done or performed: and
2. Have either m:c:ived Ii rejection in whole or in part from the
Con1ractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor hy
which the Contractor has indicated the claim will be paid
directly or indm:ctly. lU1d
3. Not having been paid within the above 30 days. have sent a
written notice to the Surety (at the: address described in
Paragraph 12) and sent a copy. or notice therefore, to the
Owner, stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnishing to
the CfJr.tractor.
5. If a notice required by Parag.rnph 4 is given by the: Owner to the Contractor
or to tlle Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly !Ind at the Surety's expense take the fallowing actions;
6.1 Send an anSVlfer to the Claimant, with a copy the Owner, within 45
days after receipt of the claim, stating the amounts that are
undisputed l1J:ld that basis for challenging IlJIY amounts that are
disputed,
6.2 Payor arrange for payme:nt for any undisputed amounts.
7. The Surety's total obligrdion shall not exceed the amount of this Bond, and
the amount of this Bond shall be credited for any payments l1l.!Ide in good
faith by the Swt:ty.
8. Amounts owned by the Ownc:r to the Contractor under the Construction
Contract shall be used for the performance of the Construction COI1~
and to satisfy claims, if any, under any Construction Performance Bond.
,By the Contractor furnishing and the Owner accepting this Bond they agree
that all funds eamed by the Contractor in the performance of the
Construction Contnlct are dc::dieated to satisfY Obligations of the Contractor
lU1d the: Surety under this Bond, subject to the Owner's priority to use the
funds for the completion of the work.
9. The Surety shall not be: liable to the Owner, Claimants or othe~ for
obligations of the Contract that ara unrelated to the Construction Contract.
The OWner shaJl not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have undcr this Bond no obligations
to mlike payments to, give notices on bebalf of, or otherwise have
obligations to Claimants under this Bond,
10. The Surety hereby waives notice of any change, including changes of time
to the Construction Contract or to related subcontracts, purchase orden;
and other obligations.
11. No SUll or action shall be commenced by a Claimant under this Bond other
than in a court of compell:mt jurisdiction in the location in which the work
Or pl!I't of work is located of after the expiration of one year from the date
(I) on which the Claimant gave the notice required by Subparagrnph 4.1
or Clause 4.2 (Hi), or (2) on which the last labor or sCYYice: was performed
under the Construction Contract, whichc:ver of (I) or (2) fi/'St occurs. If
the:: provisions of this paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the Owner or the: Contractor shall be mailed Dr
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, tbe Owner or the Contractor, however accomplished.
shall be sufficient compliance lIS of the date received at thc addrc::ss shown
on the signature page.
13. When this bond has been fumisbed to comply with a statutory or other
legal requirement in the location whc:re the con$l:t'llction was to be
peyformed, any provision in the Bond contlietint with said Statutory or
legal requirement shall be deemed deleted here from and provisions
c()nforming l() sucl1 statutory or other legal requirements shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
14. Upon requests by any pe/'Son or entity appearing to be Il. potential
bendiciary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shaU permit II eopy to be made.
IS. DEFINITIONS:
15.1 Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontI1lctor of the Conlrllctor to furnish
labor. materials or equipment for t1$C in the pertlumance of the
COntract. The inlent of this Bond shall be to include without
limitation in the terms,. ulabor, materials or equipment",that part of
water, gas, power, light, heat, oil, gasoline, tele:phone service Dr
rental equipment used in the Con5l:mction Contract, architectural
and engineering services required for performance of the work of
the: Contractor and the Contractor's su!x;ontractors, and all other
items for which a mechanic's lien may be: asset1ed in the
jUrisdiction where the labor. materials Or equipment were furnished.
15.2 Construction Contlllct: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Docwnents and changes thereto.
15.3 . OWner Default: Failure of the Owner, wI1ich has neither been
remedied nor waive:d, to pay the Contractor or to perform and
complete or C011lply with the other terms thereof
(FOR lNFORMA nON ONLY -Name, Address and Telephone)
AGENT or BROKER:
Cobb Strecker Dunphy & Zimmermann, Inc.
OWNERS REPRESENTATIVE (Architect, Engineer or other party);
150 S. Fifth St.,
612.349.2400
Suite 2800, Mpls., MN 55402
11
ACKNOWLEDGMENT OF CORPORATION
State of MINNESOTA
ss.
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County of HENNEPIN
On this
20~ before me appeared
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to r;ne personally known, who, being b~ duly sworn, did say that (s) he is/are the )/ /;Zi2>L~t.:d2;.(Y/1 (),;....rJ:.?;)~~ of_
M1..dwest Asphalt Corporat1..on , a corporation, that the seal affixed to the forgoing' . ent is the
corporate seal of said corporation, .
(If no seal, so state, and strike out aboye.~ to.corp,.9ra~li seal) aIld th~t.said instrumeptw~ executed in behalf of said corporation by
authority of its Board of Directors; and that saidVjk{g[t. ,.j';;i~);"::",,c.r"l /J.l;;:;:?";,[",.,.c/~(:k.,,,&~owledged said instrument to be
the free act and deed of said corporation. y 'v
SHIRLEY MAY EiDEM
Notary Publlo
Minnesota
~)(plres January 31,2010
ACKNOWLEDGMENT OF CORPORATE SURETY
State of MINNESOTA
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County of HENNEPIN
On this 30th, day of May , 20~ before me appeared Linda K. French
to me personally known, who being by me duly sworn, did say that (sthe is the Attorney-in-Fact of IRA VELERS CASUAL IT AND
SURETY COMPANY OF AMERICA , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said
corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said
Linda K. French acknowledged said instrument to be the free act and deed of said
corporation.
Notary Public
My commission expires
County,
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 30th day of November, 2005.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARNITNGTONCASUALTYCOMPANY
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By
George W. Thompson
Senior Vice President
On this 30th day of November, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
'f-<\~ c. ~
My commission expires June.3.D, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 30th, day of
May , 20 06
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By
Nicholas Seminara
Senior Vice President
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Bruce N. Telander, Donald R Olson, John E. Tauer, John P. Martinsen, Linda K
French, Mary L. Charles, R Scott Egginton, R W. Frank, Rachel Thomas, Nicole Olson, Joshua R Loftis, of Minneapolis,
Minnesota, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all
bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(02-05) Unlimited