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HomeMy WebLinkAboutContract 2011EJC;llC 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 ~ S ~~ tdOTA.RY Pt;BLiC-MIhJNESOTf~ ` MyGemmissianEspires.tan.3t,2pti ~,,~ .~ a /i ~d~~"~ ~~ ., ~~~ ~ ~~ Notary Public County My cornrnission expires s - 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~ ns~ SY~ // \\ p ty- RY~L "' ~ Sf G ~ * ~ ~ P `QO`~RC°R ~Y5 i``~;: ...,,, C,,. P yG9 3~wy C~ ('S~ r 14&2` ~~ y 7:CGRFuRiiiEp~ <`~,¢ ' ~ _ m" ~dj;r.° ~. ni °w: ~tia°a°~;f,.,~~ t ~ 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,,, ,r_C„`~< ~ h........ Gil ~t A •. _.a o _ ~yy~ ~V"*Rfl C'}'~ G TP 4 Y •.'r ~. ~ ~~XG SURFr ~LfSSY~'rt h ~{, O y~yyry ~`q~ (/ /~r~Ca AT' 8 i Q' C', 9 S ~ x ~;, f~7!( ~ ~'~flt~t(itEQ u3 ~GK H 4` z= tai ~ 2'. m~ +W ~ORP6ARP ~ ~' l ~ ¢ ~ z s s z o ~ ~ ~2 7 _ 4 s a f: ~~ nARTaaao, a• rtaxrFOwa,~ ~ ~m ~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. m m 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. `~~ ~ ~ ~ \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 5 YI C'i ~ ~ti, O °~ zo ~/ „~PZ, C9P FORq t~. m± 2482 0 ~ y9~ ~~?RTFD 'h '~~~~ g '`^' ~?' ... z ~. / r ~'~ 'n% ~ 't~a1 ~, ~..SCrtL,~q ~d,`~'~ab ~ x~d $~GF £'N `' o SC„_ ~as ~~ t .`..:gh r 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. -'a1 tN5~q ~.... 5p~5Y ANp ~,pp WAFt CISTbA/yj a Q4 2 u~ ab ~C C ~~_ £ W ~OAp ORkY F i m a"~ °tt~' f : f : ~ € e HARTFORD, < ~' H4R'rFGRD, { ~~ ¢ f ~& ~s~iU ~' .........~ 1~ R~+ -y+6~.( ~d b tiyD d i.'^........ Fei b y1 ..,.~~.~es"'" imnrx aultr'uvelarsboud.com. Please refer to use Attirr7tev-In-Fact nurnlaer, WARNING: THIS POWER OF ATTORNEY IS INVALID wITHOtJT THE RED BORDER m