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S'I'ANllARD FORM OF ACTREEMENT'
BETWEEN OWNER ANI) CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
'T'HIS ACmREF,MENT is by and~I~etween the C'ITY~F COI,UMA HEIGI-IrI`S,
//~~ r _,
MINNESOTA (OWNER) and
(CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein,
agree as follows:
ARTICLE 1 -WORK
1.01 CON"IRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
2007 STREET REHABILITATION, ZONE 2 ANI) 3
ARTICLE 2 -THE PROJECT
~.OI T'he 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, 0702
• STREET RECONSTRUCTION
• WATER MAIN
• SANITARY SEWER
• STORM SEWER
ARTICLE 3 -ENGINEER
3.01 The Project has been designed by the CI rY 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 Work in accordance with
the Contract Documents.
2011
20
AK"I'LCLE 4 - C'ONTI2AC'1' 'L'IMES
4.01 Tune of the EsseYZCe
A. AlI 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 aid Final Paymcrrt
A. The Work will be substantially completed on or before August 31, 2007, and
completed and ready for final payment in accordance with Paragraph 14.07 of the
General Conditions on or before September 28, 2007.
4.03 I iquidated 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
CON"TRACTOR 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
specif ed in Paragraph 4.02 for Substantial Completion until the Work is substantially
complete. After Substantial Completion, ifCONTRACTOR 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.
r,r~?i LLL~E ~ - ~Oi~1'L't~.y~ i pRI~E
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents an amount in current fiords equal to the sum of the amounts
determined pursuant to paragraphs below:
For all Work, at the prices stated in CONT'RACTOR'S Bid, attached hereto as
Exhibit A.
As provided in Paragraph 11.03 of the General Conditions, estimated quantities are
not guaranteed, and detorminations of actual quantities and. classifications a~-e to be
made by ENGINEER as provided m Paragraph x.07 of die General Conditions. Unit
prices have been computed as provided in Paragraph 11.03 of the General
Conditions.
21
A12TICL,F 6 - Pr~.~'1d1E>'VT PROCEI~tIltlr:'s
6.01 Subrrlittal ar7d Processing of~Payiriel~ts
A. CONTI~I.CTOR shall submit At~t~lications 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 Pcryments,~ Retcrinage
A. OWNER shall make progress payments on account of the Contract Price on
the basis of CONfI'RACTOR'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. AI] such payments will be measured by the schedule
of values established as provided in Paragraph 2.07.A of the Genera] 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
Iimited to liquidated damages, in accordance with Paragraph 14.02 of the
General Conditions:
a. 9S% of Work completed (with the balance being retainage}. If
the Work has been SO% 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
retaina~P~ and
b" ~
b. 9S% 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.S of the General Conditions and less S% 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.
F.03 I~t'inal Pavtner7t
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
AR`T'ICLE 7 - I1`~'TERFiST
7.01 All moneys not paid when due as provided in Article l 4 of the Creneral Conditions
shall bear interest at the rate of 6% per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
&.O1 In order to induce OWNER to enter this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents
and the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied
as to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and
local Laws and Regulations that may affect cost, progress, and performance of the
Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions
and (2) reports and drawings ofa 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 fi2rther examinations,
investigations, explorations, tests, studies, or data are necessary for the performance
ofthe Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. CON"TRACTOR is aware of the general nature of work to be perfarmed by
C)WNER and others at the Site that relates to the Work as indicated in tl~e 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.
I. CON"hRACTOR 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. "hhe Contract Documents are generally sufficient to indicate and convey
understanding of all teens and conditions far performance and furnishing of the
Work.
24
ARTICLE; y - COld1"TRACT DOCUNIf~:N'I'S
~.01 C0111C'Y2lS
A. "hhe C:'ol~~tract Documents consist of the following:.
l . 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
36, inclusive, with each sheet bearing the general title Zone 2 or Zone
3 and the City Project Number.
9. Addenda (numbers to ,inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. CONTRACTOR'S Bid (pages to , inchtsive).
b. Documentation submitted by CONTRACTOR prior to Notice
of A~. yard (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 Orders}.
B. The documents listed in Paragraph 9.O1.A are attached to this Agreement
(except as expressly noted otherwise above}.
C. 'T`here are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents tray only be amended, modified, ar supplemented as
provided in Paragraph 3.04 of the General Conditions.
25
AFZ'I`ICl,E 10 - 1~IISCEI~LAl~'EOUS
10.01 Ter~•rris
A: `l~errns used in this Agreement will have the me_~ningc dated in the CTenPral
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 maybe 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 Sever°ability
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 yreformed to
riJpiaCi, sack StrielGeii pr`~l' v'isivii yr part thereof Vv'it1S a Vaild aI^id crtforceable pr^vvISIvn
that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions (if applicable).
2 C~
IN WI7"NESS WIIERI301'~, OWNER and CON"TRACTOR have signed this Agreement irr
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of
the Cor7tract Documents have beers signed or identified by OWNER and CONTRACTOR or on tl~~eir
behalf. //
D~ _ 7 4
This Agreement will be effective on ' ~ °` / 2007 (which is the Effective Date of the
Agreement).
~coRPORATE SEAL
CONTRACTOR:
[CORPORATE SEAL]
,~ ,~ -
Attest:_ ~-
...
I rtle: '~ ~ Y':~°,i~r ~xp,~~~ ,~
Address for giving notic
~-- "
+ ',~ -yam ~ ~~~-
~fr'"~
J- ~;_'y
(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 Oza~1ER-CONTRACTOR
Agreement}.
Designated Representative:
Name:
Title:
Address:
Phone: _
Facsimile
License No.
(Where applicable)
A befit fir ceryi~re ~~ prnr~~e;
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to
sign.}
Address
Phone: ~~"-~~
-r ~°°
Facsimile: ~~_ _ _.,- ~v.._%' C=-% „° r
~7
CONSTRUCTION PER.~ORMANCE BOND BOND N0. 104845971
Any singular reference to the Contractor Surer Owner Qr other party shall be considered plural where ~a likable
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business};
MIDWEST ASPHALT CORPORATION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
P.O. BOX 5477, HOPKINS, MN 55343 ONE TOWER SQUARE
OWNER (Name and Address): HARTFORD, CT 06183-6014
CITY OF COLUMBIA HEIGHTS
637 38TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421
CONSTRUCTION CONTRACT
Date: MAY 29, 2007
Amount: $ l , 410 , 638.25 ONE MILLION FOUR HUNDRED TEN THOUSAND SIX HUNDRED THIRTY E 1 GHT AND 25/100
Description (Name and Location): DOLLARS
2007 STREET REHABILITATION, ZONE 2 AND 3
CITY PROJECT 0702
BOND
Date (Not earlier than Construction Contract Date): JUNE 4, 2007
Amount: ~ 1, 410 , 638.25 ONE MILLION FOUR HUNDRED TEN THOUSAND S i X HUNDRED THIRTY EIGHT AND 25/100
Modifications to this Bond Form: NONE DOLLARS
CONTRACTOR AS PRINCIPAL
Comppan Corp. Seal
MIDWEST ASPHAL~ C0 ~3 TI
Signature: ,e
Name and e:
fair ~3. ~~~, VEee Pre dent
SURE~T1Y try r~
TRA~/1~;L~~S ~ A AL C8 URETY COMPANY OF' AME2I±,t
Signature. _ --~--~-~-
Name and Title: DONALD R. OLSON, ATTORNEY-~Iiv-FAC'
CONTRACTOR AS PRINCIPAL
Co-npar-y: (Co;^P. Seal)
Signature:
Name and Title:
SURETY
CC~rr'i~3n;y: (Cf3r~i..~9~3u}
Signature:
Name and Title:
EJCDC Np. 1910-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract lJocuments
Committee, The Associated General Contractors of America, and the American Institute of Architects.
28
I. 'the Contractor and the Surety, jointly and severely, binds thctrrscives, their
heirs, executors, administretors, successorf and assigns to the Owner 1'ur the
performance of the Construction Contract, wfiiah is incorporated heron by
rofsrence.
2, If the Contractor performs the Construction Contract, the Surety and the
Contractor Shalt have no obligaUOn under this Bond, except to participate in
confcrcnces as provided in Subparagraph 3.1.
3. !f there is nc Owner Default, the Surety's obligation under this Bond shat) arise
after:
3.1 't'he Owner has notified the Contractor and the Surety at its address
dtacribed in Paragraph 30 below, that the Owrtcr is considering declaring
a Contractor Dafauit and has requested and attempted to arrange a
conference with the Contractor and the Surety to be held not later than
fifteen days after rCCaipt of such notice to discuss methods ofpeuforming
the Construction Contract, If the Owner, the Contractor and the Surety
agree, the Contractor shall be allowed a reasonable time to perform the
Conswction Contract, but such an agreement shalt not waive the
Owner's right, if say, subacquantly to declare a Contractor Dcfautr and
3,2 The Owner has declared a Contractor Detyuit and formally terminated
the Contraetar's right to complete the contract. Such Contractor Default
shall not ba declared earlier than twenty days after the Contractor and !be
Surety have received notice a9 provided in Subparagraph 3.t; end
3.3 The Owner has agrcad to pay the Balance of the Contract Price to the
Surety in accordance with the terms of the Construction Contract in
accordnncc wit the teens of the contract with the Owner,
4. When the Owner ha6 satisfied the aonditiona of Paragraph 3, the Surety shall
promptly and at the Surety's Cxpcnsa take one of the following actions:
4.1 Arrange for the Contractor, with consort of the Owner, to perform and
somplate the Construction Contract; Or
4.2 Undwiake to perform and complete the Construction Contract itself,
through its agents or through independent sontractors; or
4,3 Obisin bids or negotiated proposals for qualified contractors acoeptablc
to the Owner fbr a contract for performance and eomplction of the
Construction Contrast, arrange for s contract to be prtparcd for
execution by the Owner and the contractor selected with the OWner's
ooncutrence, to be secured with performance end payment bonds
executed by a quaiifled surety equivalent to rho bonds issued on the
Constitution Contract, and pay to the Owner the amount of damages as
described in Paragraph ti in excess of the Balance of the Contract Priec
incurred by the Owner resulting from the Contractor's defltulr or
4.4 Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with teesonable promptness under the
circumstances:
1. After investigation, determine the amount for which it may bo
liable to the Owrtor and, as boon as prectioabie altar the amount Is
dctcrtnined, tender payment therefore to the Owner, or
2, Deny liability in whole or in part and notify the Owner, or
5. If the Surety does not proceed as provided in Paragraph 4 with reasanabte
promptness, the Surety shaft be deemed to be in default on this Bo»d fi$aan days
after receipt of an additional and wrinen notice from the Owner to rho Surety
demanding that the Surety perform its obligations under this Hoed, and the Owner
shall be entitled tv enforce any remedy availebie to the Owner. If the Surety
proceeds as provided in Subparagraph 4,4, and rho Owner refuses the payment
tendered or the Surety had denied liability, in whole or in part, without tUriher
notice the Owner shalt be retitled to enforce any remedy availebie to the t?wner.
6. After the Owner has terminated the Contractor's right to complete the
Conswetion Contrast, and if the Surety eieet6 !o act under Subparagraph 4.i,
4.2, or 4,3 above, then the responsibilities of the Surcry to the Owner shall not
ba groater than those of the thvner under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of
rho Owner under the Construction Contract. To the limit of the amount of this
Bond, but subject to committed by the Owner of the Halancc of the Contrast
Price to mitigation of costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.! The responsibilities of the Contractor for correction far dofactive work
and completion of the Construction Contract,
6.2 Additional legal, design professional and delay costs resulting from the
actions or tgiture to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the
Construction Contract, actual damages caused by delayed performance
or non-performance of the Contractor.
7. 9'he Surety shall not be liable to the Owner or others for obligations of the
Contractor that arc unrelated to the Construction Contract, and the l3atancc of
the Contract Price shall not be reduced or sat off on account of any such
unrelated obligations. No right of action shall accrue on this $ond to any
person or entity other than the Owner or its heirs, executors, administrators, or
aueCCS9ors.
g, The Surety hereby waives notice of any change, including changes of limo, to
the Conswetion Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, loge] ar equitable, under this Bond may be Instituted in any
court of competent jurisdiction in the location in which the work or part of the
work is located and shalt be insiitutod within two years after Contractor
Default or within two years after the Contractor ceased working or within two
years agar the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first, If the provisions of this Paragraph arc void or
prohibited by taw, the minimum period of limitation available to surtiics as a
defense in the jurisdiction of the suit shall be applicnblC.
!0. Natiae to the Surety, the Owner or the Contractor shall be mailed or delivered
to the address Shown on the signature page.
I i. When this Bond hag bcen furnished to comply with a statutory or other legal
requirement in the location whore the construction was to be performed, any
provision in this Bond conflicting with said statutory or legal rcquircment
shall ba deemed deleted here from and provisions conforming to such
statutory or other legal requirement shall be dccmad incorporated herein. 'the
intent is that this $ond shall be construed as a statutory bond and not as
common taw bond.
12. Definitions:
12.I Balance of the Contract Prlcc: The total amount payable by the Owner
to the Contractor under the Construction Contract altar ell proper
arjjustmutts have been made, including atlowanoe to the Contractor of
arty amounts received or to bo received by the Owner in sctticmont of
insurance or other claim s for damages to which the Contractor is
entitled, reduced by ell valid and proper payments made to or on behalf
of the Contractor under the Contreatian Contract.
12.2 Construction Contract; The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes tharato.
12.3 Contractor Default: Failure of the Contractor, which has neither bean
remedied nor waived, to perform or otherwise to Comply wit the terms of
rho Construction Contract.
12.4 Owner Default: Failure of rho Owner, which has neither been remedied
nor waived, to pay the Contractor as required by the Construction
Contract or to perform and aomplcte or comply with the other terms
thereof.
(FOR INFORMATION ONLY-Name. Address, and Telephone O ggRS REPR$SENTATIVE(Architect, Engineer, ar other party}'
AGENT or BROKER: COBB STRECKER DUNPHY & ~IMMERMANN, C.
I50 S. 5TH STREET, STE. 2800
6I2-249-2400 ~
ACKNOWLEDGMENT OF CORPORATION
State of MINNESOTA
ss.
County of HENNEPIN
On this 4TH day of JUiJE
ZO Q~ before me appeared
to me personally lmown, who, being by me duly sworn, did say that (s) he is/are the ~',i`~_°...~°_ ~ ~~rr ~ ~ c ______ ~ of
Midwest Asphalt Corporation a corporation, that the seal afFixed to the forgoing instrument is the
corporate seal of said corporation,
(If no seal, so state, and strike out above as to corporate seal) and t said instrument was executed in behalf of said corporation by
authority of its Board of Directors; and that said -` ~? aclrnowledged said instrument to be
the free act and deed of said corporation.
_~
~J+'',err
i~ ; ~- c No ry Public r` C . ..h',- -- ~-
' ~ __. J.
t~€inrt~~ota My commissiotfexpires ;..s'' ' ~` _
s~!'rv u~:~trrsissiort Exp~ros Jant~arr ~1, ~ ~
~_
ACKNOWLEDGMENT OF CORPORATE SURETY
State of MINNESOTA
County of HENNEPIN
~~
On this 4TH day o f JUNE ~ 20 07 ,before me appeared DONALD R. OLSON
to me personally lmown, who being by me duly sworn, did say that (s) he is the Attorney-in-Fact of TRAVELERS CASUALTY 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
DONALD R. OLSON aclmowledged said instrument to be the free act and deed of said
corporation.
'', SAid€~RA M. rJUZE
n
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~~ tdOTA.RY Pt;BLiC-MIhJNESOTf~
` MyGemmissianEspires.tan.3t,2pti
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Notary Public County
My cornrnission expires
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VVARNINCa: I H15 F'U~/Vf=H Ul- AI IUF4NEY V5 INVALIv vvl I HUUT THE RtU t3URU~H
PO'vvF.R OF AT~FOI~ISE'~'
Farmington Casualty Company St. Paul L~uardian Insurance Company
Fidelity and Guaranty Insm-ance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. 'I"ravelers Casualty and Surety Company
Seaboard Surety Company 'T'ravelers Casualty and Surety Company oT' America
St. Paul Fire and Marine Insuratce Company Cinited States Fidetity and Guaranty Company
==.`forney-In Fact Na• 218399
Certificate. No. V
14~.'OW ALL MEN BI' THESE PRESENTS: That Seaboard Surety C'ornpany is a corporation duly organized under the laws of the State of New York, t9~ar St Paul
Fire and Marine Insurance Cornpamy, St. Paul Guardian Insurance Company and St. Paul Mercurz~ Insurance Company are corporations daly organized under the laws
of Uae State of Mitmesota, that Fau-mington Casualty Company, Travelers Casualty and Surety Corupany, and Travelers Casualty and Surety Company of America are
corp~rratians duly organized under the laww of the State of Connecticut. that United States hideliry and Guaranty Company is a corporation duly organized under die
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a cr~irporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty In5uranCe Underwriters, tnc. is a corporation du]y organized under the laws of the State rrf Wisconsin Therein collectively called the. "Companies"), and that
the Ctueapanies do hereby make, constitute and appoint
Bruce N. Telander, Donald R. Olson, John E. Tauer, John P. Martinsen, Linda K. French, R. Scott Egginton, R. W. Frank,
Craig Remick, Rachel Thomas, Nicole Olson, and Joshua R. Loftis
of the City of ___-_ Minneapolis ,State of Minnesota ,their true and lawful Attorneyls)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional madertaMngs and
otl zr writings r'>hhz*alory in the nateu~e thereof nn behalf of the, Companies in their business of guaranteeing the fidelity of persons, Quaranteeing the performance of
coneacty and esecutine or guaranteeing bonds and undertakings required of permitted in anv fictions or proceedings allowed by law.
IN WITNE~S'~SaW~IEREOF, the Compa~~~~iavc caused this instra}rnent to he signet3 and theircorporate seals to be hereto affixed, this
day ~',C iVi
Farnington Casualty C.umpanv
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Lnderwriters, Inc
Seaboard Surety Company
St. Pout Fire and Marine Insurance Company
8th
Si. Paul Guardian Insurance Company
St. [-aul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of Amee"ica
United States Fidelity and Guaranty Company
G ~~ RSIUtl:Ir ~P `V'~FIRE~~4~~,iy.., ~~Rµ.'~~S(/~\ .: `P.(tNSU{),q •••, JpltY qN° ~~~ ~TY~
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~ O ~g~7 n ~I~~7 ~'~'A''?",_ ". :'^ ef: _e_ .ns s HARTFOFD, < ~~ HRfitFtltigt~ a ~~~IFp~
z ~ ,
;' .~ ~ gJr'} <t+ - ~' S E: A L ,'o % ; ~:., ~ o : w CONN. ° CONN. £ N 1896 ~,
~y`~c~' as '~j,, ~ a~, '~' ~ F i a~ ~q,~d',.. ' ~4 t SEA.Y~,;~ `~ .t° ~a as ~,+p
yy FN. '%f 1~~ OF Iv£Jd '.,,°[r~y ryc~e,~~s'~ 415~~-~adb= ''4.°•,5.. ....~w~aa+"`~ ab~D e '~a~ 1~1 A1ti°'
'o a.~ ter"'" 'q~
State of Connecticut
City of Ilartford ss.
B}':
Geor~~ ThonrPson, enior ice President
8th March 2007
On this the day of ,before me personally appe<rred George W Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company. Fidclit"y and Guaranty IYISUranCC Company, Pidefity and Guaranty Insurance Underwriters,
Inc., Seaboard Sw~ety Company, St. Paul Fire and Marine Insurance Cbmpany, St. Paul Guardian Lesrnanec Company, St. I'arri Mercury Insurance Company, Travelers
Casualty and Surety Company. Travelers Casnalty and Surety Company of America. and united States Fidelity and Guaranty Company, and that he, as such, benrg
audtvrized so to do, executed the foregoing instrument for the purposes Cherein contained hy' signing on behalf of the corporations by himself as a duly authorized officer.
a
_ ,~: e.
Tea 4iiitness ittieee•caaT', I hereuntn set my hand and afttcial seal. ~
l2y C~itr~unission expires the ~(}th day of Tune. 2(_}l 1. ~ c~~ ~
Marie C. TetreaulL horary PubEie
58440-8-06 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS lNVALiD WITHOUT THE RED BORDER
g 6
g vvnRNING: THIS POWER yr ,., fvniveY is ~~ /auu W~~ t rsuu ~ i Ht ntu BORDBH
This Poc.~~ of Attorney is granCed tr^der and by the authority of the following resrrhn:,,,,,~ uuvh~, d by the Boards of Birectors of Farmington Casualty Cump.tny, i~idelity
and Guaranty Insurance Cornea^}~_ Fidelity and Guaranty Insurance Underwriterti, hte., Seaboard Surety Company. St. Paul Fire wind Marine Insurance C~rmpauty,
St_ Peul Guardian Fnsnrance Company. St. Paul Mercury Insurance Company, Travelers Casualty ar~td Surety Company, Travelers Caxualty~ and Surety Con~pany~ of
America, acrd united Stator Fidelity and Guaranty Cc~rmpany, which t'esr,rhuions are now in firII'Force and effect, reading as follows:
~~OLVh;i~, that the Chairman, the President, any Vice Chairrnrtn, rmy Eixecutive Vice I'resident, any Senior Vice President.. atny Vice President, ~;-coed Vice
President, the Treasurer, any Assistant Treastser, the Cr+rporatc Secretary or any A sisttutC Secretary may appoint Attorneys-in-Fact and /Agents to acC ; r ar7d rrr hcl~ralf
of flee Company and may give such appointee such autlurrit} as his or her eettifrcate of authority may prescribe to sign wiih the Company's Horne < cal with the
Comnanv s seal bonds, recoartrzam~es. ronir;tcis o{` mdefpntry_ rr.trri ntlirt- ~.a nttn,. +bt~ ._LrS ~~ [ ~ rho ..: t_ .: .t ~. h...d, .:.: ~,.., ~ u! c.,nd:+u~nal ;rude ~ i:. ..nrl .tt,t
;aid officers or die $oard of Birectos's at an}~ time may renxrve any such appoirrtco and revoke the power given blur ur her, and it is
tTR'PI-IFIt ItESf3LF~~I9, that the Chairman, the Presidont, :iny Vice Chairman, any Exectuiv~e Vice President, any Senior Vice Provident or any V'icr PtesiEient m
delegate all or any part of the foregoing authority to orte Ur m<'rre officers or empk~ryocF of this Company, pro~'ided that each such delegation is in evriting ar~d a cor_,
thereof is tiled in the uflice of the Secretary; and it is
URTItFFt RI+.SOLVd±,I9, that any bond, ree'ognizance, Contract of indemnity. or writing oblig.ttory in the nature of a Iioud, recogni<.auce, ur conditional undertaking
shall be valid and binding upon the Company when (a) signed by the Presidont, any Vice Chairman, any Fxocutive Vice President, any Seni<~7r Vic, President ur atrt Vica
President, any Second Vice President, the 'Treasurer, any Assistant Treasurer, the CarporaCe Secretary or any Assistant Secretary and dulE~ attr _` and so.aled with tt7e
Company's seal by a Secretary or Assistant Secretary: or (b1 duty executed ~ under seal, if required } by one or more Attorneys-in-Fact and Age -arsuant to the power
prescribed in his qr her certificate or their ceurflcatcs of authority or by one rxe more Company utFicors pursuant to a written delegatbrrr ~f authority. anrI it is
~LCR'I'IiER RE5€9LV~I3, that the signanuo of each o1' €he following crfficu s: President, any Fssecutivo Vico~ President, any Sor'lior~ Vice President, any Vic e Presidci
any Assistant Vice President. any Secretary, an} Assistant Secretary, and the coal of the Cunipany may he affixed Try facsimile to any power of attorney or to any
certificate relating theretr,~ appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only oY executing anc[ attesting hortds
and undertakings and other c~~ridnUs a>6hgatory in the. natur~~e tlrereoP, and any such power of attorney or certificate hearing such facsinnle signaCtrre ur facsimile :,earl shall
be valid and binding upon the Company and any such power so oxocntetl and certified by such facsimile signature and I'ucsimile seal shalt be valid curd binding ran the
Company in the fitture with respect to any bond trr atrderstanding to which it is attached.
I, Kori M. Johtms<)n_ the undersinned, Assistant Secretary, of Far7~~ingtor~r Casualty Company, Fidelity and Guarar~~ty Insurance. Company. Fidelity and Guaranty Insurance
Undcrwrite~rs, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Cum~any, SL Paul Mercury Insurance
Company, Travelers C<tsuslty and Surety Crrmpany, Travelers Casualty and Surety ~''~tnpan ,~f hmerica_ rmd?tnited States Fidelity and Guar<a7ty Company d~~r hr^rebv
certify Chat die above and foregoing is a true. and ci~rrcct copy of the Power of Attorn~ ntcd by s;_i. ~ ` -<npanies, which is in foil force xod effect and has Haft boon
revoked.
IN TESTTM(7rNY WHEI2E(9F, I have hereunto set rnv hand and afft~ed the seals of said Cgmpanies this _4 TH day of JUNE 't) ~ ~
Ikpri M. Johauso .Assistant Secretary
G ~i~ /' '¢' ..--,4 -n hµ... ~!S r Y f NSA ",,.., tY Ab TY
o ~ ~ rF CfFFF °" ~~r "'. ~ P ry4J SUREP 'Eik~~ ~ .' ~ ~~G''4 A ~.a ~W. Rn ,. i~i.._... ~ ~%s~mE7 ,.c/
5 ~tl R C3 if{~~t~7~` ~ ~ g ~ F4.C~al'ORh>CS~e <¢-' AFORk ~' ~ $ ,Y ~~ `P
~c"~+~`c~a ~ ~9?7 ~ ~ 192? ~.- Y= ~I :ms 'zI`0-._'``t,` ~ NaarFOao,~ F~~arFOao,~~ r~~m,~
~ e~ ~~~ N ~-" SEAL.'oi >y+., CONN. n i G6.WN.lP g t896~
a ~ # .k- ':•2s ear q~-~. .SEtS.7 /.?~'`€ '.v o ~k' c
4'yy Fys .f F~ 9~GF t~EVt~ ~„r. t'r,nHCF. 4k~'~S~a.Aµ,~~ f o~{s.. .._^~h"1af ~br w'°~~ yt ••a ~~ a
To verify the authenticity of this Power of Att~,n7rey, call I-bO0-d21-_~SS(1 or contact us at www.stpattltraveIe.rsbond.com. Please refer to Cho Attorney-Ict-Fact nurnhcr,
the above-named indiG'iduals and the deiails of the bond to w~hrch the power is atuached.
ta~ARNIIVG: THIS POWER OF ATTORNEY IS INVApID WETHOUT THE RED BORDER
CONSTRUCTION PAYMENT BOND BOND No. 104845971
Anv sineular reference to the Contractor Surety Owner or Qther~arty shall be considered plural where applicable
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
MIDWEST ASPHALT CORPORATION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
P.O. BOX 5477, HOPKINS, MN 55343 ONE TOWER SQUARE
HARTFORD, CT 06183-6014
OWNER (Name and Address):
CITY OF COLUMBIA HEIGHTS
637 38TH AVENUE N.E.,
COLUMBIA HEIGHTS, MN 55421
CONSTRUCTION CONTRACT
Date MAY 29, 2007
Amount; ~ l , 410 , 638.25 ONE M I LL i ON FOUR HUNDRED TEN THOUSAND SIX HUNDRED THIRTY E i GHT AND 25/100
Description (Name and Location): DoLLARs
2007 STREET REHABILITATION, ZONE 2 AND 3
CITY PROJECT 0702
BOND
Date (Not earlier than Construction Contract Date): JUNE 4, 2007
Amount: $1, 410, 638.25 ONE MILLION FOUR HUNDRED TEN THOUSAND S i X HUNDRED THIRTY E I CHT AND 25/100
Modi>•icatians to this Bond Form; NONE DOLLARS
CONTRACTOR AS PRINCIPAL
Company; (Corp, Seal)
Signature;
Name and Title;
SURETY
Company: (Corp, Seal)
Signature:
Name and Title;
)rJCDC TJo. 1910-28B (1984 Edition}
Prepared through the joint efforts of the Surety Association of Americe, Engineers Joint Cortract Documents
Committee, The Associated General Contractors of America, and the American Institute of Architects, American
Subcontractors Association, and the Associated Specialty Gontrectors.
Reprinted 10/90
30
t. The Contractor and dre Surety, jointly and severally, bind themselves, their
hairs, executors, administrators, sucetssors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the
performance of the Construction Contract, which is incorporated herein
by reference,
2. With respect to the Owner, this obligation shall be null and void if khc
Contractor:
2.1 Promptly makes payment, directly or indirectly, for nlI sums due
Claimants, and
2.2 Defends, {ndcmnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose etairn, demand,
lien or suit is for payment for labor, materials or equipment furnished
for use in the pcrl'ormanee of the Construction Contract, provided rho
Owner has promptly notified die Contractor and the Surety (at tht
address described in Paragraph 12) of any claims, demands, liens or
suits and tendered defense of such claims, demands, liens, or suits to
the Contractor and the Surety, and provldcd there is no Owner
Default.
3, With respect to Claimants, this obligation shall bo null and void if the
Contractors promptly makes payment, directly or indirectly, for all sums
d uc.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a diroct contract with the
Contract have given notice to the Surety (at tttc address desdribcd in
Paragraph 12) and sent n copy, or notice thereof, to the Owner
stating [hat 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 Contractor;
t. Have fftrnishcd written notlaC to the Contractor and scat n
Copy, or notice thereof, to the Owner, within 90 days aflar
having last performed labor or Isst furnished mateflala or
equipment included in the claim staling, with substantial
accuracy, the nrnount of the elelm and the name of the parry to
whom the materials were furnished pr supplied or for whom
the labor was done or performed; and
2. l-tava Dither received a rejection in whole or in part from the
Contractor, or not received within 30 days of tbrnfshing the
above notice any communication from the Contractor by
which the Contractor has fndicatad the claim will be paid
directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and scot 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 Contractor.
5. {f a notice required by Paragraph 4 is given by the Owner to Iho Contraator
or to the Surety, that is sufficient compliandt.
6. When the Claimant has satisflcd the conditions of Paragraph 4, the Surety
shall promptly end a! the Surety's expense take the following actions:
6.1 $end an answer to the Claimant, with a copy [he Owner, within 45
drys after receipt of the claim, stating rho amounts that are
undisputed and that basis for challenging any amounts that arc
disputed.
6.2 Pny or arrange fbr payment for any undisputed amounts.
7. The Surety's [oral obligation shat) not exceed the amount of this Bond, and
the amount of this Bond shall be credited far any paymtAt9 made in good
faith by tht Surcry.
g. Amounts owned by the Owner to the Contractor under the Construction
Contracp shalt be used for Ute performance of the Construction Contract
and to satlsty cleirn4, if any, under any Construction Portbrtnartot Bond.
By the Contractor tLrniehing and the Owner accepting this Bond they agree
that all funds earned by the Contractor in the perfbrmanca of the
Construction Contract are dedicated to satisfy obllgations of the Contractor
and the Surcry under this Bond, suttject to the Owner's priority to use the
funds for the complttion of the work.
9. Tha Surety shall not bt liable to the Owner, Claimants or others for
obligations of the Contract that are unrelated to the Cansttvction Contract.
The Owner shall not be liable for payment of any coats ar expenses of any
Claimant under this Bond, and shall have under [hls Bond no obligations
to make payments to, give notices on behalf of, or othcrwisr have
obligations to Claimants under this Bond,
10. The Surety hereby waives notice of any change, including ctsanges of time
to the Construction Contract or to related aubcontrnete, purchase orders
and other obligations.
1 I. No suit or action shall be commanded by a Claimant under this Bond other
then in a court of competent jurisdiction in the location in which the work
or part of work is located of after the expiration of one year fYOm the date
(l l on which the Claimant gave the notice re4ulred by Suhnaregmph d 1
or Clause 4.2 (iii), or (2) on which the last labor or aCrvicc was performed
under the Cvnstruction Contract, whichever of (I) or (2) first occurs. If
the provisions of this paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall ba applicable.
12. Natiee to the Surety, the Owner or the Contractor shat! be mailed ar
delivered to the address shown on the signature page. Actual rxcipt of
notice by Surety, the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date received at the address shown
on the signature page.
13. When this bond has been fitrn(shed to comply with a statutory or other
legal requirement in the locntian where the construction was to be
performed, any provtsion in the Bond conflicting with said statutory or
legal requirement shalB ba deemed deleted hero from and provisions
conforming to such statutory or other Ioga! rtquiremants shall be deemed
incorporated herein. The intent Is that this Bond shall ba construed as a
statutory bond and not as a common few bond.
14. Upon requests by any person or entity appearing to be a potential
btnaficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shell permit a copy io be made.
15. DEfiINlT10NS;
! 5.1 Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of rho Contractor to tUrn(sh
labor, materials or equipment for use in the performance of the
Contract. The intent of this $ond shall be to include without
limitation in the terms, "labor, materials or equipment" that part of
wattr, gas, power, tight, heat, oil, gasoline, telephone service or
rental equipment used In the Conswetion Contract, architectural
and engineering services requited for performance of the work of
the Contractor and the Contraotor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the
jurisdiction whoa the labor, materials or equipment ware fbrnishod.
I5.2 Construction Contract: The ngreCmcnt between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
! 5.3 Owner Deffiult; Failure of the Owner, which has neither bran
remedied nor waived, to pay the Contractor or to perform and
complete or comply with the other farms thereof.
(fiOR INFORMATION ()N1,~i'-Name Address and Tale hen~1 p~ ~S R~PRESENTATCVE (Architect, Engineer or other party}:
AGENT or BROKER: COBB STRE'CKER DUNPHYp & ZIMMERMANN, ~.NC.
150 S. 5TH STREET, STE. 2800
612-349-2400
32
ACKNOWLEDGMENT OF CORPORATION
State of MINNESOTA
County of HENNEPIN
On this. NTH
ss
day of JUNE , 20 Q ~ before me appeared
to me personally lmown, who, being by me duly sworn, did say that (s) he is/are the ~~" ~" _ z_ ~ ~ .~of _
Midwest Asphalt Corporation a corporation, that the seal affixed to the forgoing instrument is the
corporate seal of said corporation,
authority of its Board of Directors; and that said oxre as rporate sea1~ ~~thah's~id instrument was execaclrnowl dgedosaidlinstnunentoo be
the free act and deed of said corporation. f '``~~ ~'
~ _ ,~ v .
~ "' Notary ic~`~ ~.' C ty
~t My comrnissioxpires ~'!"'
ACKNOWLEDGMENT OF CORPORATE SURETY
State of MINNESOTA
County of HENNEPIN
ss
On this 4TH day of JUNE , 20 ~~ ,before me appeared DONALD R. OLSON
to me personally laiown, who being by me duly sworn, did say that (s} he is the Attorney-in-Fact of TRAVELERS CASUALTY 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
DONALD R. OLSON aclmowledged said instrument to be the free act and deed of said
corporation
t' ~ ~
t
~` SANDRA M. DC-ZE Notary Public County;
s~ ' )TARY FtJBLIGMIP::IESC7TA My comrnission expires
My Cammissran ExpirES Jan. 3f, 20f t
~ h~ ~
Attora~ey-In Fact No. 218349
Certificate No.
KNOW ALL MEN BY "PHESE PRESENTS: That Seaboard Surety Comptu~V is a corporation duly oroganized under the laws of dze State of New York, that St. Paul
Fire and M,~u-ine htsuraincc C:umpany, St. Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesorr, that Farmington Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
coiptroratkms duly organized antler the laws of tyre State of Connecticut, th:~t United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryiarnd, that Fidelity and Guaranty Inslu-ance Company is a corporation duly organized under the. taws of the State of Iowa, and that Fidelity and
Gusu'anty hrsurance L?nderwriteas, Inc. is a corporation duly organized render the Iaws of d~te State of Wisconsin (herein collectively called the "Companies"j, and that
the Companies dcro hereby make, constitute and appoint
Bruce N. Telander, Donald R. Olson, John E. Tauer, John P. Martinson, Linda K. French, R. Scott Egginton, R. W. Frank,
Craig Remick, Rachel Thomas, Nicole Olson, and Joshua R. Loftin
of the City of MirineapOllS ,State of Minnesota ,their n'ue and lawful Attorney(s)-in-Fact,
ea.h in thou seprn-aue capacity if more than one is named above, to sign, execute, seal and acknowledse any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature ±hereof nn behalf of the Companies in their business of guaranteeing the. tzdeiity of persons, guaranteeing the performance of
aronu'acts and executing or guaranteeing bonds and undertakings reyuired or pertt?itted in any actions or prpceedings allowed by law.
IN W['['N1~S t~HEKEOF, the Comp~i~~ have caused this insuurncnt-ta be signed and theircorj9orate seals to be hereto affixed, this
arc
of
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fide[fty and <ruaranty Insura~tce Underwriters, Inc.
Seaboard Surety Company
St. Paul F+ire and Marine Insurance Company
8th
St. I'au[ Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
GAS UA~r Q,Qtt~ ~SI~Tj. gp a•.,./aFS1N^E ~~e4~~,,^~Y. ~ ~A ....R~, INSUq "'~..~. Ja~TY qHO ~w`y~~yY[y,. ~•. fTY,4_~
p sUpµp Ogpt t C_~Y}-+~6n°Or+9~ 4 ~ * ~ S / \Y'R, ~QOaR CORA ~~4 a3 CR 4~C~.: y S`N, ~' 4$g2B ~F YY' ~_wJ
b ~ dr4 6iC67iirtt4iED °v5' 'z ~ z ! ~ c+ro ' ~ co P : n ` aU RARTFORD, < 1 ~
~ 2 9 8 2~ O ~ '~ ]] n g ~ ~ i ~ °°< ~..~- ' w ~~' !iA!iTFOf91, t ~ ~ `` J
n .t r $ ~_ :n.` ;mot ~o; J 1896
~ ~~ a Y ~~~i~ 1~3~ `~ `~'t ~.,,r. ~"R4~.,SE AL. O. :o:S~.AI,:: ~ ~ CONN. o~ !~ N ~1 ~!
OF NON ~~~ "ate 4'.rs...~xN '' '~:s*.. rte. 1 ~N AtN
.~ ra"
State of Comiecticu[
Ci ~ of Hartford ss.
Bv: ~-
Geore° 'J Thompson, aurae ice President
8th March 2007
On Chic the day o'f _ be.fi7re me personally appeared George W. Thompson, who acknowledged
himself Eo he the. Senior Vice President of F'armineton C casualty Company. Fidelity ai~3d Guaranty Insurance Company, Fidelity and Guaranty lnsurance Underwriters,
Inc., Seaboard Surety Company. St Paul hire and Marine Insurance Company, St. Pan[ Guardian Insurance C"ompany, St. Paul Mercury htsurance Company, Travelers
Casualty and Surety Company, T`ravelea's Casualty and Surety Contpai.y of .ymeeica, and Um' 'd States Fidelity and Guaranty Cc'>mpany, aad tharot he, as such, being
authorized su to do, executed the foregoing insh'ume~nt for the proposes therein contained by signing. nn behalf of Che corporations by himself as a duly authot~zed officer.
~aT
I^ Witnuss W[aereof, I hcreunt~> set my hand and ofticiat seal.
My Commission expires the 30th day of h€i~te, 201 I. ~ ~ ~ ~
- Gt
+L7 ,~
Marie C Tetreaul[, ;`~otxry Public
58440-8-06 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
vvAr,~.~~vu: i Hew rvvvt=R OF ATTORNEY IS INVAUd WITHOUT THE REd bvr~DEH
'pl..., Power of Attorney is granted ender and Irv the authority of the following respluti<ins adnpte~d by the B~'>ards of director s of F'anuingtorr Casz~a(ty C mp: _ lit!f
and Guaranty Iru£iranec Company. Fidelity and Guz~eranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine InseEran _ C mpany,
St. Paed Guardian Insurairee C"ompai'£y, St. Paul Mercury Insurance Company. Tra~efers Casualty and Surety Company, Travelers Casualty <urd Surety r~,urpanv of
America, and finned States Fidelity and Guaranty Company, whicft resolutions are note in full fFrrce and effect, reading as follows:
FtESd3LVEI~, that the Chairman, the F'residen£, any Vice Chairman, anv fxetcutive Vice Presiden£. any Sf'nloi" Vtce President. airy Vice President. any Second y"te
Presiderrl', the Treasurer, anv Assistant Treasurer, the Corporate Secretaary or any Assistant Secretary may appoint Attorneys-in-I'ae£ atndAgents to act for and on behalf
of the Camparry and may give such appointee xuch authority as his or her ccrtiPrcate o'C authority m,~iy prescribe to sign with the Company's name and seal with ! is
C0199panV~9 seal bonds. re't^(7gnJ/ irrrox~,, rnntrae'tc ,rf indE rrinif:., an(1 nthar :,qn ;r;,, era r~hl t ~ ,,.:..;.re (, ~, hun'r, ~.'. Y, , rn:. ,. ~ondrtn n,di iuidt. uiti, „d ~ -
.. ~ ... ...... .... `. a tf~ ~ .. ,r
of said officers or the Sottrd of directors at any time may remove auy such appointee. and revoke the porker given him or her: and it is
FURTHER I2ESOI,VEL3, that the Chairman, the President, any Vice Chairman, any Executive Vice: President. amy Senior Vice President ur any Vice President mt
delegate all or any part of the firreuoing authority Co ono or rrrnre officers or employees of this Company, provided that each such delegation is in writing wed a copy
thereof is Piled in the office of the Secretary; acrd it is
RUK~HER RESE)LVEH, that zeny band, recognizance, conu~act of indemnity, or writing <rbfigate'.u'y in the nature oi' a bond. recognizance, or conditional unrlertakin~
shall be valid and binding upon the Company when (a) si~+necl by the President, anv Vice Chairman, any I~xecutive Vice President, any Senior Vicc Fresident or any 1~ice.
['r silent, any Second Vice President, the "Ieasurer, any 4ssistant Treastner, the Corporate Secretary or auy Assistant Sea~etzuy and duly attested and sealed wit11 tl~rr
Company's seal by a Secretary or Assistant Secretuy; or !b1 duly executed (under seal, if recluiredi by one or more Aturrneys-in-Fact and Agents pursuant to the power
prescribed in his ur her certificate or their cer£ilicates of authority or by one cn more. Company officers ptn-strant to a written ctelc~gatiwt of authority: and it is
FUR'I'HET2 RESC)L~'EH, that the signatw-e of each ol'tfte folk'rwin~~ oilicers: President, any Executive Vicc President, any Senior Vice President, anv Vice President,
any Assistan£ Vice President, troy Secre~uu-y, any Assistant Secreixrr-y, and the: seal of the Company may be affixed by facsimile to any power of attorney ur £+~ anW
certitieate relating there£rr appoirrting Residen€ Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Foot for purposes only of executistg and attesting bond;;
and undertakings and od~er writings ohlrgatirry in £he nature thereof. and amy such power of zrtturnev in- certificate hearing such facsimile si~nautre or facsimile sea{ ;hall
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 bindinv :>n tfte
Company in the future with respect to anv bond or enderstandirv to which it is attached.
I, Kori M. Johanson, [he undersigned. Assistant Secretary, of Farmington Casualty Cump~ry, F'idclity and Guaranty Insurance Corupauy. Fidelity and Guarar~ity Insurance
Underwriters, Inc., Sealxrn-d Surety Company, St. Pacil Fire and Marine Lrsurance. Company, St. Paul Guru'elian tnsuruice Company. 5t. F'au] Ylercury h~sur..nce
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety ~ o>7ipany crf America> ~rrd United States Fidelity and Guaranty C'ompairy ~'-> h
certify that the above and foregoing is a true and correc£ copy of the Power of Attorney executed by ~ ri G+mpanies. which is in full force ar~rd effect and h,, ~ not 1 . n
revoked.
IN TESTIM(3NY iYHEItE~F, I have hereunto set my hand and affixed the Seals o~ . t_ ` t'"al ,Hies this 4TH d-a-y~ of-_ /~+TUNE - - - , nEI~~
Kori M. (irhtmsu .Assistant Secre€ary
pns~,~ ./3s"wo%"~:4r, ~~o-~~ ,•.~~1~~ cF'~~rHC.. .~°"~-e+wE 4 a, f t µ ~N , ..~..~..U., zv aro ~4 w,i,,,
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~b`~crusm ~' X951 n9 ~ .~ ~,,;, ~ ~~.SEAL,~o' '~~:,5~~~:'c car~ra. ~ v~~cowa. t~ N tSSS
re+ ,~ A~ '~`oFrrFw'~ ,~,,, °+'S.: A~~a ~.......P~$,~ 'rid +,a' ~ ° ~~, ~d~ A4>t"~
.,:.°° ,
To verify the authenticity of this Power of Attorney. call I-4f}U-4' 1-348(} or contact us at www.sfpaultraveEersband.cum. Please refer to £he Attorney-In-Fact uumbcr,
Fl7e above-Homed individuals and the deruls of"the bond ter which fire puwea is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORdER
Contractor's Business Name
Address:
Phone No:
Fax No:
BID FORM
PROJECT IDENTIFICATION: 2007 STREET REHABILITATION
CITY PROJECT NUMBER 0702
BIDS TO BE OPENED:
This bid is submitted to:
2:00 P.M. -Wednesday, May 23, 2007
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 fizrn.sh all ~~~or?: as specif ed er indicated in+d~te Con~act Do~aments fo~-
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 (IS} days after the date of OWNER'S NOTICE OF
AWARD.
3. In submitting this bid, BI DER represents, as more fully set forth in the Agreement,
that:
la
(a) BIDDER has examined copies of all the Bidding Documents and of
the :following Addenda (receipt of all of which is hereby acknowledged}:
sC~
sl ~b1b-~
~~
(b} BIDDER has familiarized itself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and laws
and regulations that in any manner may affect cost, progress, performance or
furnishing of Work.
(c} BIDDER has studied carefully all reports and drawings of subsurface
conditions and drawings of physical conditions which are identified in the
Supplementary Conditions as provided in Paragraph 4.02 & 4.03 of the
General Conditions, and accepts the determination set forth in Paragraph S.C.
4.02 & 4.03 of the Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which BIDDER is entitled
to rely.
(d} BIDDER has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests and studies (in addition to or to supplement
those referred to in (c) above) which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance
or furnishing of the work as BIDDER considers necessary for the
performance of furnishing the work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of
the General Conditions; and no additional examinations, investigations,
explorations, tests, reports or similar information or data are or ~T~ill 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 Wark 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.
I )atf' ~1iim }eAr
11
(f) BIDDER has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and studies with the
teens 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):
(.c'ee f~ttnsCl9ec/ Pages I3 thrGtrg/i I S)
Quantities are indicated for the convenience of the Bidder. Final Payment will be
based on actual quantities.
12
BID PROPOSAL FORM
CITY OF COLUMBIA HEIGHTS
2007 STREET REHABILITATION
S.A.P. 113-050-07 CITY PRO3ECT NUMBER 0702
N_o. Item Unit ~)u
ant~ Unit Price A
__ mount
1 Mobilization L.S. 1 $ 85,000.00 $ 85,000.00
2 Remove concrete curb and gutter L.F. 3,353 $ 4.10 $ 13,747.30
3 Remove water main L.F. 1,918 $ 6.85 $ 13,13830
4 Remove hydrant lead inc. valve and box L.F. 25 $ 300.00 $ 7,500.00
5 Remove water service pipe L.F. 475 $ 6.85 $ 3,253.75
6 Remove sesx~er pipe L.F. 1,365 $ 8.95 $ 12,216.75
7 Remove gutter S.F. 605 $ 1.25 $ 756.25
8 Remove concrete driveway/apron S.F. 3,255 $ 1.00 $ 3,255.00
9 Remove concrete walk S.F. 94 $ 0.75 $ 70.50
10 Remove bituminous pavement S.Y. 25,216 $ 1.25 $ 31,520.00
11 Remove x-depth pavement S.Y. 267 $ 7.15 $ 1,909.05
12 Remove bituminous driveway S.Y. 162 $ 4.90 $ 793.80
13 Remove water main gate valve and box Ea. 4 $ 65.00 $ 260.00
14 Remove manhole (MH) Ea. 7 $ 340.00 $ 2,380.00
15 Remove catch basin (CB) Ea. 7 $ 340.00 $ 2,380.00
16 Remove sanitary MH outside drop Ea. 2 $ 740.00 $ 1,480.00
17 Remove catch basin casting Ea. 2 $ 95.00 $ 190.00
18 Sawcut concrete L.F. 424 $ 4.40 $ 1,865.60
19 Sawcut bituminous L.F. 1,680 $ 3.00 $ 5,040.00
20 Salvage hydrant Ea. 3 $ 280.00 $ 840.00
21 Salvage MH or CB casting Ea. 33 $ 95.00 $ 3,135.00
22 Abandon water main and service pipe L.S. 1 $ 390.00 $ 390.00
23 Common excavation, CV (P) C.Y. 9,366 $ 12.75 $ 119,416.50
24 Subgrade correction, CV C.Y. 2,945 $ 14.60 $ 42,997.00
25 Sclcct gra~iular burrow, C V C.Y. 2,945 $ 15.35 $ 45,205.75
26 Aggregate base class 5 or 7, CV C.Y. 7,390 $ 19.30 $ 142,627.00
27 Mill bituminous pavement S.Y. 9,752 $ 1.00 $ 9.752.00
28 Sawed/sealed joint L.F. 7,648 $ 1..55 $ 11,854.40
29 Bituminous wear course Ton 3,232 $ 48.55 $ 156,913.60
30 Bituminous non-wear course Tan 3,927 $ 44.80 $ 175,929.60
31 Bituminous mixture for patching S.Y. 208 $ 22.95 $ 4,773.60
32 Tack coat Gal. 1,770 $ 2.20 $ 3,894.00
33 Granular foundation for pipe C.Y. 6 $ 90.00 $ 540.00
34 Granular bedding for pipe C.Y. 64 $ 52.00 $ 3,328.00
35 18" RCP -Class III L.F. 16 $ 30.00 $ 480.00
36 15" RCP - Class V L.F. 826 $ 27.00 $ 22,302.00
37 12" RCP - Class V L.F. 125 $ 25.00 $ 3,125.00
38 12" PVC LF L.F. 24 $ 21.00 $ 504.00
39 10" PVC L.F. 42 $ 18.00 $ 756.00
13
No. Item Unit uantit Unit. Price amount
40 8" HDPE L.F. 330
41 6" Perforated drain pipe with filter L.F. 88
~ ~
`tL n ~~ nnr~ ...,+„a ~,.,,,... ,,
'Y 11.11 V1 QllJU Ul Qlll Ylpe r r
L.1'. t n i
1 V 1
43 48" Sanitary MH Type B with casting Ea. 3
44 48" San MH with outside drop & casting Ea. 2
45 Reconstruct 8" outside drop Ea. 1
46 Reconstruct sanitary MH bench Ea. 4
47 San. MH-new rings, casting and seal Ea. 28
48 8" x 6" PVC wye Ea. 23
49 Reconnect sanitary service Ea. 23
SO 8" DIP sewer, class SO L.F. 56
S 1 8" PVC pipe sewer L.F. 7S 1
S2 6" PVC sanitary service pipe/riser L.F. 184
S3 Temporary water service on Ulysses L.S. 1
S4 Temporary water service on Fairway L.S. 1
SS 8" Gate valve and box Ea. 6
S6 6" Gate valve and box inc. hydrant valve Ea. 3
S7 Hydrant Ea. 3
S8 1" Corporation Ea. 47
S9 Reconnect service Ea. 47
60 1" Curb box Ea. 14
61 1" Curb stop Ea. 4
62 Replace curb box or curb stop Ea. 14
63 Curb box repair top Ea. 1
64 Curb box guard Ea. 7
65 Relocate curb stop and box Ea. 1
66 10" DIP water main - Cl. S2 L.F. 30
67 8" DIP water main - Cl. S2 L.F. 1,990
68 6" DIP water main or hydrant lead-Cl. 52 L.F. 37
69 1 Type K copper pipe L.F. 2S 1
70 Water main fittings Lb. 2,165
71 MH Type Cl with casting (60") Ea. 1
72 MH Type B with casting (48") Ea. 7
73 MH Type Bl with casting (48") Ea. 3
74 48" CB Type Y with casting Ea. 1
75 2' x 3' CB Type X with casting Ea. 6
76 Sump drain basin with casting Ea. 2
77 St. MH or CB-new rings, casting and seal Ea. 10
78 Reinstall CB casting-new rings and seal Ea. 7
79 Geotextile fabric S.Y. 25,170
80 Concrete walk S.F. 91
81 Concrete curb and gutter L.F. 3,353
82 Concrete gutter S.F. 952
83 Concrete driveway/apron S.F. 4,164
$ 18.00
$ 5,940.00
$ 1,408.00
$ 1,414. VV
$ 8,625.00
$ 10,200.00
$ 3,350.00
$ 1,300.00
$ 25,620.00
$ 2,645.00
$ 3,450.00
$ 1,618.40
$ 17,047.70
$ 3,220.00
$ 6,750.00
$ S,S00.00
$ 7,890.00
$ 2,490.00
$ 8,040.00
$ 4,935.00
$ 18,330.00
$ 1,050.00
$ 440.00
$ 6,580.00
$ 120.00
$ 1,120.00
$ 580.00
$ 1,230.00
$ 63,182.50
$ 1,006.40
$ 4,681.15
$ 6,386.75
$ 3,100.00
$ 13,OSS.00
$ 5,595.00
$ 1,950.00
$ 9,000.00
$ 1,280.00
$ 2,200.00
$ 1,540.00
$ 27,687.00
$ 364.00
$ 36,547.70
$ 5,140.80
$ 19,570.80
14
$ 16.00
$ 14.VV
$ 2,875.00
$ 5,100.00
$ 3,350.00
$ 325.00
$ 915.00
$ 115.00
$ 150.00
$ 28.90
$ 22.70
$ 17.50
$ 6,750.00
$ 5,500.00
$ 1,315.00
$ 830.00
$ 2,680.00
$ 105.00
$ 390.00
$ 75.00
$ 110.00
$ 470.00
$ 120.00
$ 160.00
$ 580.00
$ 41.00
$ 31.75
$ 27.20
$ 18.65
$ 2.95
$ 3,100.00
$ 1,865.00
$ 1,865.00
$ 1,950.00
$ 1,500.00
$ 640.00
$ 220.00
$ 220.00
$ 1.10
$ 4.00
$ 10.90
$ 5.40
$ 4.70
IVTiriwP~t ,4snh;slt C'nm
No. Item Unit uantit Unit Price Amount
84 Traffic control L.S.
85 Perennial 4" cont. Ea. 4,334
o~ ~TTT .._ nn __ ~r, , r.
vU lvlil Ut t.D 1JrUlCCL1oI1 ll~vaCl llraln~ r,a. .~ /
87 Sod with topsoil S.Y. 2,323
TOTAL BASE BID
$ 8,soo.ao
$ 10.50
$ 165.00
$ 5.80
$ 8,soo.oo
$ 45,507.00
$ 6,105.UU
$ 13,473.40
S 1,362,285.35
l otal Base Bid Written in Words
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.
No. Item Unit Quanti
1 Remove bituminous driveway S.Y. 10
2 Remove concrete driveway S.F. 10
3 Remove concrete sidewalk S.F. 10
4 Remove concrete step S.F. 10
5 Aggregate base class s Ton 100
6 Bituminaus driveway Ton 10
7 Concre±e driveway S.F. 10
8 Concrete sidewalk S.F. 10
9 Concrete step S.F. 10
TOTAL BID ALTERNATE 1
Unit Price
$ 14.80
$ 11.50
$ 0.75
$ 1.00
$ 25.00
$ 125.00
$ 6.25
$ 5.50
$ 60.00
Amount
$ 148.00
$ 115.00
$ 7.50
~ 10.00
$ 2,500.00
$ 1,250.00
$ 62.50
$ 55.00
$ 600.00
748.00
Total Bid Alternate 1 Written in Words
15
Addendum No. 1
Page 2
ALTERNATE 2 -CLEVELAND STREET SANITARY SEWER EXTENSION
Total Base Bid ................................................................... ~ 1,362,285.35
Add:
No. Item Unit uanti Unit Price Amount
1 Clearing Tree 2 $ 500.00 $ 1,000.00
2 Grubbing Tree 2 $ 275.00 $ 550.00
3 Remove concrete curb and gutter L.F. 60 $ 6.95 $ 417.00
4 Remove sewer pipe L.F. 40 $ 8.95 $ 358.00
5 Remove bituminous pavement S.Y. 100 $ 4.85 $ 485.00
6 Sawcut bituminous L.F. 29 $ 2.90 $ 84.10
7 Common excavation, CV (P} C.Y. 25 $ 25.00 $ 625.00
8 Aggregate base class 5 or 7, CV C.Y. 25 $ 41.00 $ 1,025.00
9 Bituminous wear course Ton 10 $ 85.00 $ 850.00
10 Bituminous non-wear course Ton 15 $ 72.00 $ 1,080.00
11 Tack coat Gal. 5 $ 2.20 $ 11.00
12 2" Insulation board S.Y. 110 $ 11.50 $ 1,265.00
13 48" Sanitary MH Type B w/ casting Ea. 1 $ 2,100.00 $ 2,100.00
14 Reconstruct sanitary MH bench Ea. 1 $ 765.00 $ 765.00
15 8" x 6" PVC wye Ea. 2 $ 110.00 $ 220.00
16 Reconnect sanitary service Ea. 2 $ 65.00 $ 130.00
17 8" PVC pipe sewer L.F. 150 $ 18.00 $ 2,700.00
18 6" PVC sanitary service pipe w/ cap L.F. 4 $ 25.00 $ 100.00
19 1 %2" Corporation with saddle Ea. 1 $ 215.00 $ 215.00
20 11/2" Curb box Ea. 1 $ 130.00 $ 130.00
21 11/2" Curb stop Ea. 1 $ 170.00 $ 170.00
22 1;1" Tyre I~ copper~,lpe L.r. 45 ~ X1.00 $ 945
UU
23 Concrete curb and gutter L.F. 60 $ 20.00 $ .
1,200.00
24 Sod with topsoil S.Y. 90 $ 8.80 $ 792.00
TOTAL BASE BID WITH ALTERNATE 2 $ 1,379,502.45
Total Base Bid with Alternate 2 Written in Words
BII3 SYTIO~IlVYARY
TOTAL BASE BID ....................................................... , 6 , 85.35
$ 13 22
TOTAL ALTERNArI'E l .......................................... . ...... .$ 4,748.44
TOTAL BASE BII~ WITFI ALTE .ATE 2 .......................... $ 1,379,542.45
Addendum No. 2
Page 3
ALTERNATE 3 -SANITARY SEWER REPAIRS CENTRAL AVENUE (TH 65) AT
. . TTT
44 AV~i~UL
Total Base Bid ................................................................... ~ 1,362,285.35
Add:
No. Item Unit uanti Unit Price Amaunt
1 Mobilization. L.S. 1 $ 2,200.00 $ 2,200.00
2 Remove sewer pipe L.F. 60 $ 25.60 $ 1,536.00
3 Remove concrete pavement S.Y. 125 $ 11.25 $ 1,406.25
4 Remove bituminous pavement S.Y. 198 $ 4.45 $ 881.10
5 Remove manhole (MH) Ea. 2 $ 500.00 $ 1,000.00
6 Sawcut concrete L.F. 132 $ 6.00 $ 792.00
7 Sawcut bituminous L.F. 218 $ 3.00 $ 654.00
8 Aggregate base class 5 or 7, CV C.Y. 44 $ 50.00 $ 2,200.00
9 Bituminous wear course Ton 44 $ 130.00 $ 5,720.00
10 Tack coat Gal. 16 $ 2.20 $ 35.20
11 Granular bedding for pipe C.Y. 10 $ 61.00 $ 610.00
12 Sanitary sewer by-pass L.S. 1 $ 1,485.00 $ 1,485.00
13 12" RCP, Class V L.F. 20 $ 40.00 $ 800.00
14 8" VCP to 8" DIP construction joint Ea. 1 $ 415.00 $ 415.00
15 48" Sanitary MH Type B ~Nith casting Ea. 2 $ 2,180.00 $ 4,36C.00
16 8" DIP sewer, class 50 L.F. 40 $ 35.25 $ 1,410.00
17 Concrete pavement S.F. 125 $ 6.65 $ 831.25
18 Traffic control L.S. 1 $ 4,800.00 $ 4,800.00
TOTAL BID ALTERNATE 3
31,135.80
TOTAL BASE BID WITH ALTERNATE 3
~ 1,393,421.1 S
Total Base Bid with Alternate 3 Written in Words
BID SUMMARY
TOTAL BASE BID ....................................................... ~ 1,362,285.35
TOTAL ALTERNATE 1 ................................................. ~ 4.748.00
TOTAL BASE BID WITH ALTS ATE 2 .......................... $ 1,379,502.45
TOTAL BASE BID WITH ALTS ATE 3 .......................... $ 1,393,421.15
TOTAL BASE BID WITH ALTERNATE 2 A 3 ................ $ 1,410,638.25
5. BIDDER agrees that the Work will be completed as follows:
CITY PRO.rECT NO.0702
• FULL AND PARTIAL STREET RECONSTRUCTION
• MILL AND OVEREAT'
• WATER MAIN
• SANITARY SEWER
• STORM SEWER
Final inspection by September 2~, ~G07 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 parr of the Contract Documents, have the
meanings assigned to them in the General Conditions.
SUBMITTED ON: ~ldrY Z'~~ , 2007.
16
If BIDDEK is:
AN INDIVIDUAL
By
(Individual's Nanr~el
Doing Business As
Address
Telephone No
A PARTNERSHIP
By
(Firm Name)
(General Partner}
Business Address
Telephone No.
(continued on next page.}
(SEAL)
(SEAL)
17
A CORPORATION
By (1~tn7E~~S' tl'r4PH,A~(.T" C °-n~nl ~c~ ~ ~ .~
(Corporation Name)
Authorized to Sign}
Business Address ~C> QDx ~°~
L-~oQlLl r~s~, ~ rV 5°~3
Telephone No. `~ ~ Z-~~7- ~1'C>~j~
A JOINT VENTURE
By
(Name}
(Address}
By
(Name)
(Address}
Each joint venturer ust sign® The anner of signing t'or each inividuai,
partnership and carporation that is a party to the joint venture shauld be in the
manner indicated abave.
STATE OF
lul i M.JN~SO
I8
COUNTY OF ~°~1~1vP~? ~/I'J
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 affidavit.
BIDDER
--~.,
OFFICIAL, TITLE
19
THE AMERICAN INSTITUTE ®F ARCHITECTS
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Midwest Asphalt Corporation
a M1nneSOta Corporation, (Here insert full name and address or lega title of Contractor}
P.O. Box 5477, Hopkins, Minnesota 55343
as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPAN`r
OF AMERICA, One Tower Square, (Here insert ful! name and address or legal titlt of Surety}
Hartford, CT 06183-6014
a corporation duly organized under the laws of the State of CONNECTICUT
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF COLUMBIA HEIGHTS, MN
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT (5~) OF THE AMOUNT
OF THE BID--------------------®------------------------ Dollars ($ 5~-------- ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
(Here insert full name, address and description of project)
2007 STREET REHABILITATION, ZONE 2 AND 3
CITY PROJECT N0. 0702
SAP 113-050-07
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount fer vrhich the Obligee ,;,ay i.. good faith coniract
with another party to perform the Work covered by said bid, then this abligation shall be null and void, otherwise to remain
in full force and effect.
AtA DOCUMENT A310 • BID BOND • AIA ®• FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE Of ARCHITECTS, 1735 N.Y. AYE, N.w., WASHINGTON, D. C. 20006 ~
Printed on Recycled Paper 9/93
ACKNOWLEDGMENT OF CORPORATION
State of MINNESOTA
County of HENNEPIN
~~ ~ ~ }
On this 23RD day of MAY , 20QZ_ before me appeared-
to me personally known, who, being by me duly sworn, did say that (s) he is/are the ~" ~ of
Midwest Asphalt Corporation a corporation, that the seal affixed to the forgoing instrument is the
corporate seal of said corporation,
(If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by
authority of its Board of Directors; and that said acknowledged said instrument to be
the free act and deed of said corporation.
ACKNOWLEDGMENT OF CORPORATE SURETY
State of MINNESOTA
ss.
County of HENNEPIN
On this 23RD day of MAY , 20 07 ,before me appeared Donald R. Olson
to me personally known, who being by me duly sworn, did say that (s) he is the Attorney-in-Fact of TRAVELERS CASUALTY 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
Donald R. Olson acknowledged said instrument to be the free act and deed of said
corporation.
'~ SA~`3DF;f'+. i. G~JZ
rdoti~€~Y pupuc-~i„N~scrti Notary Public County,
hhy Gommisston Expires Jan. 3t, 20ti My Comrru stun eXprreS
ss.
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WARNING: THIS PUWEH OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWETt OJT' ATT(JFCI°~IP:I'
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Illsw°ance Underwriters, Inc
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney-In Fact No. 218399
C.ertitieale. No. ~ 1
r~:~pt~J ALL MEN BY THESE PRESENT: That Seaboard Surety Company is a anTroration duly organized under the laws of the Stag of New York, that St. Paul
I ire and Marine Insurance Company, SC. PAUL Guardian Insurance Company rind St Paul ;l4ereuay Insurance Ca'~mpan_y are corporations duly organized under the laws
of the State of Minnesota, that Farmington C'asnalty Company, Travelers Casualty and Surety Company, and Travelers Casualty anti Sm'ety Company of America are
corporations duly organized under the laws of t}Ir State of C'+annecticui, that United Stales Fidelity and Guaranty Company is a anprn-ation duly organized under the
laws of the. State of Maayland, that Fidelity and Guaranty Insuance Ciampany is a corpa'ation duly organized undca- the taws of the State of [owe, and that Fidelity and
Guaranty Insurance L?nderwriters, Inc. is a corporation duly orgaantzed under d~te laws of the State o1' Wisconsin Therein collectively called the "Companies"), and that
ilia Companies do hereby make, constitute and appoint
Bruce N. Telander, Donald R. Olson, John E. Tauer, John P. Martinsen, Linda K. French, R. Scott Egginton, R. W. Frank,
Craig Remick, Rachel Thomas, Nicole Olson, and Joshua R. Loftis
c,f the City a~~P ____Minneapo)ts ,State of Mlrinesota ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is uaaned above, to Sign, execute, kcal and acknowledge any and all bonds, aecognizances, conditional undertakings and
other wratin~Ts obligatory in the nature thereof on behalf of the Companies in their bu ialess t t ~ a<.rtnteeing the.. fidelity of persons, guaranteeing the performance of ~
contracts and eaeaating or guaranteeing bonds and undertakings required or permitted in anyactions or proceedings allowed by law.
IN WITNF~S~,~hHEREOF, the Comp~~~have caused this instrmnent to he signed mid daeircarporate seals to be hereto riltlxod, this
d~ of
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Iinderwl-iters, Inc..
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
8th
St. Paul Guardian Insurance Company
St. Paul Mercury Llsurance Company
'Pravelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
Linited States Fidelity and Guaranty Company
~asv,,t 'CYt~ ~SURE7'y ~,„"'f/'ii~~~E~~^^~4~,,~~,,,,,, jr~~,N`+y ,.~Y"iNSUg4•..,. ~~/Tra~HOS ~W+n°•s°"nwtro `ry1tV'LyOG'~~
p ~opyor4~< U ~°o~apa - 'u'iCCA" G~ ¢ * €'r/ ~\~?'' di~rapronar?i54 ;~eJ~' .... ,AC. y/ \~9 e" \c$ ~~~p '4
C
~ ?n ni~iNtF6 vY ~ !ey - z- d>i ~:m; :w: ca~pna^% ~? :. + I
'~ 14 8 2" O ~ 9°f ~ ~ °~ -~ - ~ '. m. f ~ i °" ~ = E -•_ f `:. ~ HARTFORD, < ~' NAR'ff'tlF~J,I ~ ~~~~
~' ~ a # ~ ~gdb ~ 1 ~ ~ ~ € S~~ ~~: s1: 'ae w pN CONN. £ m 696
~ "~~ a ~~ j~5 ~ sr ,~,~„ e ~,_SEAL. o, .otSEA.L/.t= ~ c N. o° ~ 9
~ r t-~'~ .~ ~~ 9`~C N£N~ /~" oyt-r:nti~cE.'--`- ~csy 1 `. AN~ad r ~ °' f . ..... ~ eydb a~>,'~ ~7yt~' « yy~.'~ ~d ,gyp
State of Connecticut
City taf Ilxrtfora ss.
B y : ~-~_~,,,,,G
Geore~ "('hompson, enior ice President
8th March 2407
t7n this the day of _ _____ ,before me personally appeared ~ieorge W. Thompson, who acknowledged
himself to be rho Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty insurance Company, Fidelity and Guaranty Insurance Underwriters,
lne. Seaboard Sure.Cy Cinnpany, St. Paul Fire and Marine [nsnrance Company, St. Petal Guardian insuance Coanpany, St Paull Mercury Insurance Company, Travelers
Casualty null Surety Crrmpany, Travelers Casualty and Sm~ct~r Company o(.4merica, and United State4 I`aidclity and Guaranty Company, and that hc, as such, being
authorized so to do, executed the tbreeoing instrument for the pwT~oses dlerein contained by signing on behalf of the corporations by himself as a duly aud~orized officer.
G~~~
In thrita~less 5'Vhert of, I hereaanto set my hand and ofticial seal.
My Camanission e?:piaes the 3Uth day of June. 7OI 1. `~~ ~
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\4ane C. Tetrcault. Notaay Public
58444-8-05 Printed in U.S.A.
WRRNING: THIS POWER OF ATTORNEY ES INVALID WITHOUT THE RED BORDER
vJARNING:lr-iia , v.vt=rt yr Hi ivHIVCY is ~~~>rHUU wITHOU7THE RED BOI-ti,~n
Th... F'ou_: of Atu~srney is grtutted urx., r tmd by tlse auth<rity r,f the l<tlto~.~utg ~~D~iutions adopted b~- the Boards of Direcusrs of tartttingtun Casualty Cr'antpany, Nidclity
and GuarsnCy Insurance Company, Fidelity acrd GnaranCV [nsurmce tinderwriters. Inc., Seaboard Surety Crsnpany, St. Patsl Fire and Marine Insurtmca Cosnpun,
St. Pau] Guardian Insurance Company, St. Puui Mertur_y' Irtsm~ance Company, Travelers Casualty and Surety Company. Travelers Casualty sod Surety Cou~pany of
r'vnerica, and United States Fidelity and Gaartnty Company, which resolutions arc uow in full frtrce and effect, reading as follvvvs:
~:~,$IDLb'FI9, that the. Chais7uan, tire. President, any Vic:c. Chairman, any Executive Vice President, any Senior Vice President. arty Vice Psi side=nt_ ass} 5ecur~tt, Vice
-esident, the Treasurer, an} AssistanC Treasurer, the Corporate Secretary or any A ~sistan€ Secretary may appoint Attorneys-in-Fact and Agents to act fr7r and rut behalf
of the Campuny and may give such appi}force such atathe,rriey as his ur her cent i. ate of authority may Isresesibe tt,r tiign with the Company`s nasrte and seal with the
Comnanv s seal bonds. recasrm~ances cr7ntr;ic t5 nl' ntdemt,rt4 :anit , it_~, tx~t~ ~ ., rh .t. ± b, ~ dTt.r l ' ,e I '
... ,,r
of said oYftCars ur the &tard of Directors at any time rugs remave~ any such apt :!inoe and re~vrike rise power given him or het; trod it is
Fui2~'IIEdt I2Ew€DLVEI3, that tha Chairman, ilse President, any Vice Chairman, any Executive Vice President, any Senios~ Vice President or any Mire Provident miry
de'egate ,dl or any pass of the 'foregoing authority to one or more officers or employees of this Corsrpany, provided that each such delegation is in wri[ing and a copy
th reaf is tiled in the office r'if Che Secretary: and it is
FUR'I'II~;It ItESQ~FUI;~, that any bond, rea,gnizance, contract oP' indemnity, Car writing obligatarv in the nature. of a bond. reco~?nizance. ur ct~xsditiooal under€slcing
shall be valid and binding trpun the Company when 1 u) signed by the President, u!sy Vice. Chairman, any Executive Vice President, any Senior Vico President or asnY ytice
Presidant, any Sea7nd Vice President, fire Treasm~es', an} assistant `Treasurer, die Corporate Secretary or any Assistant Secretary atilt duly attested gird ,ruled wid7 the
Company~s seal by a Secretary r}r Assistant Secretary; ur (b~ duly executed (under soul, if required} by one ter more Atton~teys-in-Fact and Agents pursuant to the I~s<ssuer
prescribed in his ar bar certificate en- their cetrtificatcs oC autltoriry or by t}oc~ ar mrsre Company aflieers pursuant to a written ticlegatir}n itf suthixrit.y: and it is
I'UI21'H~I2 REfiC)LUED. that the signature rtf each oi~ rho lullowing aflicers: President, guy Executive Vice President, tmy Beerier Vice Presidant, any Vice I~'resider :.
any Assistant Vica President, any Secretary, any Assistant Secmxary, and d~tu• seal of the Company may be affixed by facsimile to any peewee of attorney or ts> any
c ~rificata relating thereto appi>inting Resident Vice Presidents, Resident Assistant Secretaries qr Attorneys-in-Fact file purpc}ses only of executing tsnd ~tttestistg bs~snds
cmd undertakings assd under writings rablsgatory in the nature thereof. ztnd any such power of attumay ar certificate beanng such facsimile signature or facsimile scaE shaft
he valid ausd binding upon the Company curd any such power so executed and certified by such facsimile slgnatara and facsimile seal shall be valid and bistdittg on the
Company in the future with respect to any bond or tnsderstanding to which it is attached.
I, Kori M. 3ohansotr, the mtdersigned, Assistant Secretary, of F <srmington Casualty Company, Ficlelit}~ and Guaranty Insurance Company. Fidelity and Guaranty Insurance
underwriters, Inc., Seaboard Surety Company, SC. Paul Fire ustd Marine Insur~ue. Company, St. Paul Gurudiau Insuratnco Company, St Paul Mercury Istsm'xncc
Company, Travelers Casualty and Surety Company, Travelers Casualty and Sut~t _F~?upanyof America and L'nitecl States Fidelity and Guaranty Company drt Iserehv
certify that Che above and foregoing is a true and es~rrreet clips of the Power o !~rrney xecuted hy. saitt uvmpanies, wlsieh is in full force and effect tend bars not bee^
ravaked.
IN TES1'IME)NY WFIF,I2L+,OF, T have hereunto sae my hand any .~'' ~.'±d the seals of said Citmpanies this _ 23RD day of _ ~~ __ __, ?t7 ~ ~
EJ~/(~''~~ _
Kori M. Johunsc Assist mt Secret fry
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To verify the authenticity of this Power of Attrarncy, call I-S00-q2 (-3hftt) or contact us aC www.stf
the shove-named individuals and The details ~,al' Che bond to which the pr}wer is attached.
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aultr'uvelarsboud.com. Please refer to use Attirr7tev-In-Fact nurnlaer,
WARNING: THIS POWER OF ATTORNEY IS INVALID wITHOtJT THE RED BORDER
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