HomeMy WebLinkAboutContract 2027EJCDC
STANllARD FORM OF AGREEMENT'
BETWEEN OWNER AND CONTRACTOR
ON "I'HE BASIS OF STIPULATED PRICE
THIS AGREEMENT' is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA.
(hereinafter called OWNER} and ~{S (,L-~~LeIE~ ~~Ef~/1/ (hereinafter called
CONTRACTOR}.
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 -WORK
_ 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
CITY OF COLUMBIA HEIGHTS SANITARY SEWER
LINE 565 L.F. OF 8" VCP ON 3RD ST, 37T" TO 38T" AVE,
LINE 332 L.F. OF 12" VCP ON 39T" AVE, JEFFERSON ST TO EAST
LINE 660 L.F. OF 12" VCP ON MADISON ST, SOT" TO 51sT AVE
LINE 1,332 L.F. OF 12" VCP ON 51sT AVE, MADISON ST TO EASEMENT BETWEEN
JACKSON ST AND CENTRAL AVE,
LINE 165 L.F. OF 15" VCP ON JEFFERSON ST, 39T" AVE TO NORTIi,
LINE 1,421 L.F. OF 15" VCP ON HUSET PKWY (39T" AVE), ST" TO JEFFERSON ST
LINE 547 L.F. OF 18" VCP ON ST" ST, 37TF' TO 39T" AVE
CITY OF COLUMBIA HEIGHTS STORM SEWER
LINE 250 L.F. OF 24" RCP ON 40T" AVE, MCKINLEY ST TO EAST
LINE 205 L.F. OF 48" RCP ON 44T" AVE, WEST R-O-W OF CENTRAL AVE TO EAST
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES SANITARY SEWER
LINE 333 L.F. OF 8" VCP ON EASEMENT BETWEEN 49T" AND SOT" AVE, MADISON
TO MONROE ST
LINE 306 L.F. OF 8" VCP ON MADISON ST, EASEMENT TO SOT" AVE
LINE 998 L.F. OF 12" VCP ON SOT" AVE, 7'" TO MADISON ST
ARTICLE 2 -THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
• 2007 SANITARY AND STORM SI?~WER LINING:
CITY PROJECT NO. 0604 AND 0704
2027
18
ARTICLE 3 -ENGINEER
3.01 l~he Project has been designed by the CITY OF COLUMBIA HE1GH~l~S- ENGII~~EI;RCNC~
DEPARTMENT, whu is hereinafter called ENGINEER and who is to act as OWNER's
representative, assume all duties and responsibilities, and have the rights and authority assigned
to ENGINEER in the Contract Documents in connection with the completion of the Work in
accordance with the Contract Documents.
ARTICLE 4 -CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of the
Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before May 30- 2008, and completed and
ready for final payment in accordance with paragraph 14.07 of the General Conditions.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Worlc is not completed within the times
specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with
Article l2 of the General Conditions. The parties also recognize the delays, expense, and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly, instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires
after the time specified in paragraph 4.02 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse, or fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for
each day that expires after the time specified in paragraph 4.02 for completion and
readiness for final payment until the Work is completed and ready for final payment.
ARTICLE 5 -CONTRACT PRICE
S.OI OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs below:
For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an Exhibit A.
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not
guaranteed, and determinations of actual quantities and classifications are to be made by
ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been
computed as provided in paragraph 1 1.03 of the General Conditions.
1)
ARTICLE G - PAYMIa;NT PROCEDURES
6.01 S'ubnziuczl urz~l Procc~.~sizz~ of Payrzzenis
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of
the General Conditions. Applications far Payment will be processed b_y ENGINEER as
provided in the General Conditions.
6.02 Progress Payments; Retainage
,4. OWNER shall make progress payments on account of the Contract Price on the
basis of CONTRACTOR'S Applications for Payment on or about the fifteenth day
of each month during performance of the Work as provided in paragraphs 6.02.A.1
and 6.02.A.2 below. All such payments will be measured by the schedule of values
established in paragraph 2.07.A of the General Conditions (and in the case of Unit
Price Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER may
determine or OWNER may withhold, in accordance with paragraph 14.02 of
the General Conditions:
a. 95% of Work completed (with the balance being retainage). If the Work
has been 50% completed as determined by ENGINEER, and if the
character and progress of the Work have been satisfactory to OWNER
and ENGINEER, OWNER, on recommendation of ENGINEER, may
determine that as long as the character and progress of tl~e Work remain
satisfactory to them, there will be no retainage on account of Work
subsequently completed, in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100% of
the Work completed less the aggregate of payment previously made; and
b. 95% of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).
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 l4.OZ.B.S of the General Conditions and less 5% of ENGINEER's
estimate of the value of Work to be completed or corrected as shown on the
tentative list of items to be completed or corrected attached to the certificate of
Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph
14.07 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph 14.07.
20
ARTICLE 7 -INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the rate of 6% per annum.
ARTICLE S -CONTRACTOR'S REPRESENTATIONS
8.01 h~ order to induce OWNER to enter this Agreement CONTRAC"fOR 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 focal
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 of a Hazardous Environmental Condition,
if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so} all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface,
and 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 applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by CONTRACTOR, and safety precautions
and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work
at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has 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.
21
I. C(~NTRAC'I~UK has given ENGINf:ER written notice oi~ all conflicts, errors.
ambiguities, i~r discr-epancie~ that CON"I~1ZAC'I~OIZ has disccwereri in the Conn~act
Documents, and the written resolutir,~r~ thereof- by ENGINt;ftz is seceptable to
CON"1~RAC LUR.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 9 CONTRACT DOCUMENTS
9.01 Contents
A. "The Contract Documents consist of the following:
I . 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 title sheet and 9 record drawing plan sheets.
9. Addenda (numbers to ,inclusive);
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed (pages to ,inclusive);
b. CONTRACTOR's Bid (pages to ,inclusive);
c. Documentation submitted by CONTRACTOR prior to Notice of
Award (pages to ,inclusive);
d.
1 1. The following which may be delivered or issued on or after the Effective Date
of the Agreement and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in paragraph 9.Ol.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. `I~he Contract Docwnents may only be amended, modified, or supplemented as
provided in paragraph 3.05 of the General Conditions.
22
ARTICLE 10 - M]SCELLANEOUS
1 U.01 Terms
A. Teens used in this Agreement wi}I have the meanings indicated in the General
Conditions.
10.02 Assignment of C'ontruct
A. No assignment by a party hereto of any rights under or interests in the Contract will
be binding on another party hereto without the written consent of the party sought
to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assigmment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns,
and legal representatives to the other party hereto, its partners, successors, assigns,
and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken
provision.
10.05 Other Provisions (if applicable).
23
IN WI"I'NESS WHEREOF, OWNF,R and CONTRAC`T`OR have signed this Agreement in
duplicate. One cour~~te~part each has been delivered to (_>WNE,R and CONTIZACT~)R. All p~~rti~~ns
of the Contract Documents have been signed car- identified by OWNER and C:ONTRAC~T~OR «r un
their behalf.
This Agreement will be effective on ~FIOTEmCJef" ?2007 (which is the Effective Date of
the Agreement}.
~ `~O 1 _
Attest ~<.~~_,_,,., A-`~~,r~w--
Address for giving notices:
[CORPORATE SEAL HERE]
(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 ofOWNER-CONTRACTOR
Agreement).
License No.
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority
to sign.)
Designated Representative:
Name:
Title:
Address:
Phone:
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile: Facsimile:
24
--
ACORD,„ CERTIFICATE OF LIABILITY INSURANCE ~ i4i2oo '
PRODUCER (800) 566-7007 , Fax (262) 574-7080 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
R & R Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1581 E Racine Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 1610
Waukesha WI 531871610 INSURERS AFFORDING COVERAGE NAIC #
INSURED INS! IRER A National Eire Ins
Visu-Sewer Clean & seal , Inc INS! IRER p Continental Casualty
W230N4855 Betker Rd INSURERC Valley Forge Ins Co
INSURER D Fireman' s Fund Insurance
Pewaukee
WI 530721430
IhJSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN Is .~IIaIFCr Tn ell ruc Tconec ~~,-~~~~~.,.~~ ,,.~.. ,.,..~....,....,. ~~ _.._.. __.._.__
EDUCED BY PAID CLAIMS.
INSR
LTR ADD'L
INSRD
TYPE OF INSURANCE
PDLICY NUMBER POLICY EFFECTIVE
DATE MM/DDlYI' POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
GENERAL LIABILITY 02055717470 04 /01/2007 04/01/2008 EACH OCC!IRREIVCE $ 1,000,000
X COMMERCIAL GENERAL LIP.FII.iTy DP,MAGE TO RENTED 3OO
OOO
PREMISES Ea occurrence ,
~$
A
I,LAIMS MADE ~ OCCUR
MEDE`;P Anvone erscn{ _
~$ 5,000
X $3,000 GL PD Ded PERSON 1
OOO
000
X Products/Completed AL &ADV INJURY
GENERAL
G
R ,
,
$
2
000
000
A
G
EGATE ,
,
$
GEN'L. AGGREGATE LIMIT APPLIES PER
PRO PF,ODUC7" -COMP/OP AGG $ 1, OOO , OOO
POLICY X
.ECT X LOC
AU TOMOBILE LIABILITY 02055717498 04/01/2007 04/01/2008
X COMBINED SINGLE LIf<-0IT
1
000
000
ANY AUTO IEa acr.I~fonq ,
,
$
B ALL. OWNED AUTOS '
SCHEDULED AUTOS pODIL
Y IfJ,RJRY
IPerparson)
$
X HIRED AUTOS
NON-nvNVED AUTOS 6GDILY INJUP'Y
IPdraccldenry
$
X $2,000 Comp Ded
~
X
$2 000 Coll Ded FROPERT
/DA,MAGE
IPeraccident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
M!Y AUTO
OTHEF. THAN EA ACC $
AUTO OhI L.V AGG $
EXCESS/UMBRELLA LIABILITY 02055717503 04/01/2007 04/01/2008 10
000
00
EA t-I oc R N ,
,
0
$
X OCCUR ~ CLAIMS MADE _
AGGREGATE $ lO , OOO , OOO
B DEDUCTI6LE
$
X F.~ETEIVTIOhI $ 10, 000
$
WORKERS COMPENSATION AND WC255717484 04/01/2007 O4/O1 /2008 X
O
LM T
OE
EMPLOYERS' LIABILITY T
:Y
S
.,
ANY PROPRIETOR/PAR TNEF./Ei:EC! ITIVE
OFF
' E.L. EACH ACCIDENT $ 100 , 000
ICEElMEMBEF.
ExCL! IDED%
If yes', tlesail:•a under
E L DI3E4SE - EA EMf-'LO v'EE
$ 100 , 000
SPECIAL PROVISIONS UaIew E.L. DI:.;;EASE-POLICY LIMIT $ SOD, OOO
OTHER EXCeSS Umbrella SHX89000772 04/01/2007 04/01/2008 $10,000,000 Occurrence
$10,000,000 Aggregate
---°~ ••-•---• ~-••-•~•-••~•~~•~~•-..,~.,~.o,~cnn.~wiee~.waiurva,auutu nr trvuuKStMeNI!SPECIAL PROVISIONS
roject: 2007 Sanitary and Storm Sewer Lining: City Project No. 0604 and 0704
TI FICATE H
City of Columbia Heights
637 - 38th Avenue N.E.
Columbia Heights, MN 55421
ORD 25 (2001/08)
.025 lorosl Ofia
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREDF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS VVRtTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
4UTHORIZED REPRESENTATIVE _._ ~
-homas ScheidedTWB315 : -_ _•--~''_ -~`=-_ - _=-~ -~_ =_ ~ _'
~~~ ACORD CORPORATION 1988
Page 1 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(fes) must be endorsed A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ORD 25 (2001/08)
025 h:~ 1u81 oe Faga 2 or 2
CONS`~1'RUC"1'~C7N Z'IIZPURM~INCI~ L30N1:7
~~n~ singular rclcrcnce_lo_ihe-Coltti'~cto.t•, Sur~t,y_.Owi3er.or_ether t~ti_sl)a1LUc_c~i> idcrcci }~lural_ where ~ij~t7licahle.:
CON~I'RAC'I'OR (i~'asne and .Aclt4ress}: S111ZE~ 1'Y {Name and Principal Place of Business}:
Visu-Sewer Clean & Seal, Inc. Merchants Bonding Company
W230 N4855 Betker Rd. 2100 Fleur Drive
Pewaukee, WI 53072 Des Moines, IA 50321
OWN h~R (Name ~tnd Address}: City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421
CONS1"RUC`fION CC)N'1"Ri1C'I-
Dale: 9-24-07
I30N;;:3
Itsnount; $333,234.00
Description (Name and Locatiost):2007 Sanitary and Storm Sewer Lining
l:)ate (Not earlier ihal3 Construction Contract Date): 9'24-07
Amount: $333,324.00
Modifications to this Bond Form: None
C:ONTRACTUIZ AS PRINCIPAL
os pan 0 3. ~ ai~.
~su~ew~F CI a~~ In Fl
Signature: _ E
Name and "I'it~e: `
/2.t~ ~S'`C'..XCtvtGE.Y`
` t'CG. 5 i C~t,R~
CONTRAC"I'UR AS PRINCIPAL
Campasty: (Corp. Seal)
Signature:
Name and `T'itle:
SURE; 1'Y
Company: (Co-~p. Seai)
Merchants Bonding Company ,~/
S i gn at a r~%~~~5~~~:.,~.~~~ ~~~'~'
Name and Title: Robert M. Tortelli,
Attorney-in-Fact
S U RIJTY
Company: (Corp. Seal)
Signature: _
Name and Title:
t-:3CDC No. 191U-28A (1984 I;di~ion}
Prepared through the joint efforts Of tho SLII'ety Asseclatlon OI' Arrterlca, Pngineers Joint Corsts•act Documents
Committee, "1-hc Associated Gcs~eral Contractors of Astierica, and she American lnstit~lte of Architects.
25
! ('he C+auuacor and the surety, joiai;~ and scvere!y, bi»tls ?':.emsclvcs, their
}tcirs csecutors, ;uhnnusL<uors, successors and assigns to the Owner fi» the
Ix~tfu,ntanec. vl the Cons»ucuvn C:>nir<tct, which is incorpttrual hcrcm h)
:cicrrnce
2 tl' the Cenuraeavr perlonrs the Consuuctiern ::armract, the Surcq~ and lix•
Coutrirtor shall have no nbilgauol: antler thts Bvnd, except to paruc,patc ,n
conli•rcnccs as 1»ovidcd m Subparagraph 3.1.
i. ] f there is nv Owner Default; the Surety's olrligatian under this Bond shat( xrac
after
! l he O'.vner has nn;IGcd the Contractor and the Surety at its adclress
tkacribed m Partgraph IO below. that the Ocaner is considering declat Iota
a Cvntractvr DCiiiuit anti has requested and auempttal to arrange a
c,Tnlcrence wrtit the Contractor and Ore Surety to be Iteld not Inicr than
I ilTecn dtp-s after receipt trf Such IuritCC t0 dlscass rnelhvds tt(pl'ifafmlFlg
rite Ctrl75lrnClia^ Cvnu'act. if t(se Owner, the Contractor and rite Surety
ai!rec, the Contracttx shat( br aiiowtxl a rcasrnrtbkc liinc to perform the
Cbnsuuction Cvntract, but such an agreement she(: not waive the
Owater's right, ii'any, subscqucau;p to declare a Cnntnnclor Default; and
3? "Fite Gtvncr has declared a Cuntractvr T)efault and formally tcnninatcd
the Cvnlr<icu}r's riglm kt cornplete the co,msaet. Such Contractor I)cl~tull
shall not he dcdared earlier thaw twenty bays after the Contractor turd th+:
Surety have received notice as provided in Subparagraph 3.1; and
3. ~ '('he Gtvncr itas agreed to pay the Balance of the Contract I'ricc In Iltc
Surety in aet:ardance with the loons of the Cmtstructivn Contract in
at:cordancc wit the terms of the contract with fire C)wncr.
4. Whrn the Owner has satisfied the conditions of Paragraph 3, the Snrcty slrali
hranptiy and at the Surety's cspt:nsc ta!:e one of tht: foilawing actions:
~ ( Arrange for the Contractor, with consent of the (honer, to pcrlorm and
cnntl;lcic the Cmuu'uctivn Contract; or
d 3 Undenake to perform and complete die Construction Contract itsclF,
through its agents er through utdependent contractors; or
X13 Obtain bids or nt:gouated proposals for qualified contractors aceeptabic
to the Owner for x enntract for pcrfw'manee and coimpletion of the
Construction Cvntract, arrange fur a Contract to be pt'elrarcd for
execution by t1FC Owner and the cvntractor selected wish the Owner's
concurrence, to be secured with periorimance and payment bonds
executed by a qualiticd surety equivalent to fire bonds issued on the
Constitcrtion Contract, and pay to the Owner the amvunt of damages as
described in paragraph 6 in excess of the Balance of the Contract Price
incurred by the Owner resu}ring iYDitt the Contractor's default; or
4 ~i Waive Sly rlgltt to perform anti e<rmplete, a,Tangc for compictivn, or
obtain a new cmtuactor and tvilh reasonable promptness under dlc
CirCU mSlaiteCS:
1. Afrcr i}1VC5Iigat1011, dciennine the amount foi which it may ire
liable to the Owner and, as soon as practicable after the antounl is
deiermil7cd, tcttdcr payment therefore to the Chvner, or
2. DCtty IIaTtIIIIV lit wh01C Or Ill part a17d 00111}+ the Owner, or
5. If the tiurety does not proceed as prvvidcd in Paragraph 4 with reasonable
in'omptness. the Surety shall he deemed to be is default on this 13mtd (illcen days
a{'t 4'I' ft.CCll)1 Of itn additional and wrihen nonce from the Ocaner to the Su.=cry
dentandu,(~ that the 5urcty perform its obligations under this k3ond, and the OTw7cs
shall be c»titicd to enforce any remedy available to the Uwncr. lf~ the 5urcty
proceeds u. provided in Subparagraph 4.~, and tAc Owner refuses the payment
tendered nr the Surety had denied Viability, in whose ar in part, without further
net ice the Otuner snail be entitled Io enforce any remedy available Ia the Owner.
G. Alter the Owner has terminated the Co,mractor's right to complete the
Construction Cvntract, and if the Surety elects to act under Subparagraph 4J,
4.2, or 4.3 above, then the respvnsibililies of thcSurety to the Owner shall nut
be greater bran those of Ibe Owner under the Consin,ction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of
the Owner under the Construction Contract, '1'v the limit of the amtvunt of this
Buntl, but subject to cornmiucd by the Owner of rite Balance of the Contract
Price to tttitigation of costs anti da;magts on the Consirotaian Contract, Utc
Surety is obligated without daplicativn 1'or:
G. t The responsibilities of dtt: cvntractor for correction I'or defective work
and comp(etinn ofihc Cvnslructiat Contract.
G 2 Additional legal, design professional and de}ay costs resulting fran dtc
itctions nr failure tv act vi'thc Surety unc!cr Paragraph 4, and
G 3 Ltqu;tlaled dantal;es, yr if nv liquidated damages arc specified in the
ConstnleNun Contract, actual damages caused by dekaycd ptrlornrutce
ar non-pcrfvnnancc of the Cattraclur.
7 "fhc Sway shall ntrt be liable IO the (ht~ncr t» otltcrs tin' ob1;}_anuns of il;e
C'onn'ector that arc unlclated ur the Construction Contract, and 13:c t3lo,ncr i~f
the C'vnlraci I'nec shall not be reduced o, set oET o,+ Ir:cetml of an. o,r,it
untelatcti abltgatlons No nglu ai action sh;ril aren,c ern this i;tut:; !~~ em
person or ciaity other titan dtc Ownc, uI Its hcus. c~ccutors, udttuni;;,~;nol; or
successors.
'The Surety hereby Wa1VCti 310?ICC UI ;117V change, includme chanrc} of Int+c so
the Cottsuuctitnt Cvntract or iv related slabcmuracts. purchase crdt~rs .nu? oii7er
obligatiats
7 .Ar,y proceeding, legal or egai?able. under this Bond Wray he utsuuncd !n al+y
court of cotnpeienl jurisdiellon ut the location :n winch the work to p>ut uf!il
work is located and sha}I be rnshuaed wui;in two years alicl Contracu»
Default or within twv ye<rrs alter the Contractor ceased working or within nun
years after the Surety refuses or tails to perlonn i;s vbliganans ur.c!cr ELis
Bond, whiciscver occurs lust. if the provisions of thts Paragrapl; an• void pr
proltibdt:d by law, the minnnum pt:ruul of Iimilatim7 available IP >arrtics as a
defense in the jurisdiction of the shit strati be appiicabic
ill Nolicc to the Snrcty, the Owner or dtc Caurnctar shall be mailed or dclivcra!
tv rite address shown vrt the signattur page.
I I. When this (3wld has been li,rnisltcd to cusnply with a stauaol} ai other }c~'.aI
rcquire;mcnt ut Ihr (ocation tahcrc the crnsira_tion tt-as In be pcr(ormcd. any
provision in Ibis 11t'»7d ct;nflicling with said stalutor) or Ict;ai rcyurrcnxart
sisal! be tlecmed deleted here i}om and provisions conianniul; itr such
statutory or other legal requirement shall be deemed incorpnra?cd herein. "I'hc
intent is that! this Bond Shall bC Cnt7SU'UCd Y.5 a statuttny bond ar.d oat as
C01711n011 IaW t)natd.
12. Definitions:
12 1 Balance of the Contract Price: "f he total amvunt piryable by the Orono
to the Contractor under the Coustrtictian Cvntract after alt propel
adjustments have been made, mcludmg rdlott-voce to the Contactor al
any amounts received or to he received by the Gunter in scnkcntcnt n(
insurance or giber' clai7tt s for damages to which rite Ct}nGaictur Is
cnlit(cd, retiuccd by alt valid and proper h~ayn7ctns ntadc to ar an behalf
of the Contractor under the Contraction Contract.
12.2 Construction Contract: "I'he agrcentcnt between dtc Owner and the
Contractor ideniifit:d on the signnlurt; page. Including ;ill Contract
Documents and changes lherettr.
12.3 Contractor Default: Failure of the Contractor, which has neither L•ccn
rernt:ciied nor waived, Io pcrlorm or otherwise to comply wit the teens of
the Cvnsueictivn Co»tracl.
12.4 Owtter Default: Failure of the Owner, which has neither been remedied
nor waived, to pay the Contractor as rcquiretl by the Cvnstnlcuun
Cattract or i0 perform and ccsmpictc or comply with the other tcltns
tltercof.
(POR {N3rCJRMA"('lOtti {)NLY-Nantc, Address, and "fciephottc) _ ~~-~ m_•.OWNCIZS (tL"('RGSI"sN'('A'1'IVL'(~rcititect, l.:nginccr. or other p;ul} )
AG}:~' 1' or T3RC;)IUiR:
26
CC)NS"I'I~.tJC:"I'IC)N I'I~YMLN`I' I3C);NI~
,Any_s,ingul~ r,F-efcE.c,nce tp_the G~17u_zct~r,_Su!'ety~Qy~!)er,~J_other„{arty sl~a€1_E.ie considct_ed pur<sl_wh.ere 7E~E~lic<<t~lc,
CON"I'RAC'I~OR {Name and AcCdress}: SI.IRE;"I'Y (Name, and Principal Place o(• Business):
Visu-Sewer Clean & Seal, Inc. Merchants Bonding Company
W230 N4855 Betker Rd. 2100 Fleur Drive
Pewaukee, WI 53072 Des Moines, IA 50321
OWNC~R (Name and ,lddress): City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421
CONSTRUCTION CON 1~RAC`I'
Date: 9-24-07
Amount: $333,234.00
Description (Name and Location): 2007 Sanitary and Storm Sewer Lining
BONT)
Date (Not earlier than Construction Contract Date); 9-24-07
Amount; $333,234.00
Modifications to this Bond Farm. None
CON"I'IZACTOR AS PRINCIT'AL
Com~an~: (Cor Sea!)
Visu- e er CI an & S~e~C, Inc.
~` t ~
Signature:_ , ~ _
,Nart~e and'I'itle:
~t~,2c-tt~d1 M. ~t`~'.X~-Vl.G~2Y'
'I~res't de.~~`
CONTRACTOR AS PR.TNCII'AL
ComC~any: (CorC1. Seal)
Signature:
Name and 'T'itle:
SUTZI;TY
Com~€€~~any: (Cor ~. Seal)
MerclSamts B_,.o~n~d°in~g Company ~
Name and Title: Robert M. TortPlli,
Attorney-in-Fact
stir~TY
Company: (Corp. SeaC)
Signature:
Name and Title;:
rJCUC 1~l0. 19E0-28t3 (1984 Edition}
Prepared through the joiix efforts of the Surety Association oE'America, F~ngineers )Dint Contract (Documents
Co;nmittee, `f'hc Associated Gcr,cral Contractors of /lmer•ica, and the American l~tstiu3te of Architects, American
SuUcontractors Association, and the Associated Spccialiy Contractors.
Reprinted 10190
27
I I b~• Contractor arui the Surcty..lauttl}' and sevct,tlly, hind tlpcnts(:h~cs, their
hrn> esecuttns. adntmistruors. su•_ccssnrs an(i assume, to rite Owner w
pay lire lahvr, marcrtals and nlugtnteni a:rnrshcd ktr use in the
prrliarntance of the Construction Conu'acl, rvh;iat is uteotpur.ued hereut
h~ referent(:
1. ~thdt respect to the Owner, thES otalEgairon shall lac nail and void tf the
Contractor
2 I Promptly makes payment, du~ct?y or indirectly, for a!1 sums due
Claim<uus, anti
?' Defends, indemttEiics anti holds hartnlcss the Ocaner Iiont cl<unts,
ilcmarCS, hens at sorts b}+ ar.t' person ar rnuly ttitosc clautt, dcntand,
kicn or snit rs for payment for labor, matcriais nr cqui,)tnent furnished
f`or use ir. the performance oi`the Constrtreiion Contract, provided the
U4vncr has promptly nohficd IItC COlttraCtOr and tic Surety (ai the
address described in 1'aragraplt 12) of any ciaints. demands, liens or
sorts and tendered defense of such claims, tlenrutds, liens, or suits to
the Contractor and the Surety, and provided there is no Uw?ter
Default
U~ith respect Itt Clamants, this cbh]tation sisal; b(: cull and void if the
C'ontrttctors promptly makes E)ayment, directly or indiri:clly, for all sums
due.
4 'the Surety shall have no obligation In Claimants under this E3ond mail;
~LI Claimants wlto are entpioyed ity pr have a du'ccl contract wish the
Contract have given notice to the Surety (al the address described in
Paragraph 12) and sent a Copy, or notice thereof, to the Owner
stating That a claim is being made under this (3ond and, with
substantial rccuracy, d7C antonlet Ol`117C Clalnl.
~l.l Claimants who do now have a direct contract with the Contractor:
I. f{avc flanislsed written notice to ti}e Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days aficr
having last peribnned labor or last furnished materials or
egttipmrnt included in the claim staling, with substantial
accuracy, the amount of the claim and the !taste of the party to
whom the materials vrer• fumislscd or supplied or for whwn
the Inbor was (lone or laerfonned; and
2. I lave either received a rcjcction in whole cr in part fsnm the
Contractor, or not reccival within 3t) days of furnishing the
above notice any cemnxutication from the Contractor by
which the Conb'acror has indicated the: claim will be paid
directly or indirectly; and
3. 1`:ot having been paid within the about :10 days, have scat a
wr'iilen police to the 5wety {at the address described in
Paragraph 12} and sent a copy, or notice therefore, to th::
Owner, stating that a claim is bciug nta(ic under this ]3ond and
enclosing a copy of the previous written notice furnishing to
the Contractor.
5. lFa police required Uy 1'aragrap!t G is given (ay the Owner to tl:e Controclot
cr to the Surety, that is sufficient compliance.
fi. L4hcn the Claimant has satisfied the conditions of Paragraph 4, Ute Surety
slur(( prornptiy and at rite Surety's expense take the following actions:
(~.i Send an answer to the Claimant, with a copy the Owner, within rtS
days after receii)t o1' the claim, stating Iltc amounts that arc
undisputed urtd ilsat basis for chaitenging urn' amounts that rtrc
disputed.
(i.) I'ay or arrange for payment r"or arty undisputed anroutsts.
7.'fhc Surety's total obligation shall not exceed the amount of this [3ond, and
the aettount of this E3ond shall be crcdiled for any payments made in goad
faith ]ty the Surety.
$, nnuxtms owned by the Uwner to the Contractor under lire Construction
Contract shall be used for the performance of the Canstaaaion Contract
and to satisfy claims, if any, under any Consu'ttction Pcrformancc l3mul.
13y die Contractor fttntish>ng and the Owner accepting this E3ond they agree
that ail funds earned by the Contractor in the pcrForinance of the
Constriction ConU'act are dedicated to satisfy obligatioos of the Cuniractcr
and the Surety carder this Bond, sat?loci to the Owner's priority to use the
funds for rite camplction of the work.
9. '1'hc Surely shall not be liable to the Uwner, Claimants or others far
obligations cf the Contract that are unrelated to the Construction Contract.
'i'hi• Owner shall not be liable for payntcnt of any costs ur expenses ol`any
CL'nntartt under t}us ]3ond. anti shall have mitlCr th!5 E3ond nn ahi;eauc::E,
to make payments Is. gEVC aerates on bchall u? or oiircn+ES: ha~~
ohlEgauons to Clannums under tit Es 1.3ntx1,
ICi '!'hc Sarch' IiL'JCI1V 15'fliVCti nptlCe ofaup cltangc, uteludnt];chan:r> n; nr:~
to the Cnnstrrcuun Contract or to related subtortu'aas. puiCh.ur eEtlrr..
and other obligations.
1 I No snit or action shall be cnrttntcr.ced'ny a Ciairnan: under ihES ISnnd od'., r
than nt a cxwtt o1`tx>ntpelcnt iunsdtction in the tuca!inn in whECh !h(• ~tvu6
or part of work Es (orated of aflcr the cspsration of one year ir(un rise dot:
(I } on winch the Clainutnt gave the agate reyunctl by $ubptu;oilsaph I
or Clause 4.2 (iii}, nr (2) on winch lire last labor or service era:; pctl'ouned
tender the Consuuction Cmttract, a'hichevcr of (3 } or tw} first ttcctns i I
the IIrOVISigi15 of this paragraph arc void or prohibited by U.w the
minimum period of limitation available tc sureties as >: del'ens4 ut !hc
iurisdietion of the sou shall he applicahic.
!? Notice in the Surety, Ilse Owner or the Contractor shall be maJkd or
delivered 1o the a(idress shown at the stgnaturc page. Acitutl rccc~pt n1
police b}' Surety. the Uwner or the Contractor, however accztntptES;ttd
shaft be sulticicnt compliance as of the date received at the addECSS spoon
nn the signauue page.
i3. Whert this bond has 6cen fumisacd !u comply tvrth a staluhuy nr ntheE
Iegal reyuircment in the location where the atrtstruaion teas to i;c
performed, any provision in the E3ond co;tflicting with caul s!atutr~y (u
Iegal requirement sitall ire deemed dcictetl here front anti prrnisinnc
conforming to such statutory or other legal requirements shall 6c deemed
incorporated herein. The intent is that this [3ond shall he consuucd as a
statutcry bond and not as n common law bond.
14. Upon requests by any person or entity appearing to be a potertEai
beneficiary of this ]3ond, the Contractor shall promptly furnish a copy of
this I3atd or sitall permit a copy to be made.
1S. DCf~1N1TIONS:
35.1 Claimant: An in<]ividuai or entity having a direct contract with the
Contractor or with a subcotttracmr of the Contractor to liuni;h
labor, materials or cqutpntenE for use in she periormartec of Ihr
Contract. 'fhe intent oi` this k3ontl shall be to include u•,thour
]imitation in rite leans, "labor, mat(:rinls or equipntcni" that po-ut el
water, gas, power, light, heat, oil, gasolene, telci)I+one scrv~cc ur
rental equipntcni used in the CmtstnrctioE: Contract, rn'cl•:itr:clurl
and ertginccring scrveces reyEtired for ner(onmutce o! the work of
rite Contractor and die Conuactor's subcornractors, amt ail r:!hee
items for which a tncchanic's lice Wray be asserred in the
jurisdiction where the tabor, matcriais or equipment rvcre furnished.
iS.2 Construction Contract: 'fhe agreemetrt between the Owner noel riot
Contractor identified on the signatnrc page, including all Canuaet
17ocuments ant: changes tl:ercto.
15.3 Owner 17efattlt: frailure of the Owner, which teas neither been
remedied nor waive((, to pay the Contractor or to perform and
contplctc or comply wish die other reaps thereof.
(1=G12 1NFORMA`[30Td ONLY-TJnmc, /tddress ancf 1"clcphonc}
U1~rNGRS R[:I'RLSh:NTA'1'1V li (Architi:ct, L'ttginccr or odtcr part: ):
28
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Debbra A. Hinkes, Charles L. Schiltz, Pamela M. Hineman, Robert M. Tortelli
of New Berlin and State of Wisconsin its true and lawful Attorney-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
FIVE MILLION ($5,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 -The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 16th day of January, 2006.
STATE OF IOWA
COUNTY OF POLK ss.
.•--••.
.• g •.
G
• ~ V 9.A•.~.L:
• a'• 1933 •
•y :c.
• ~y •~ti.
• d; •~ .
• ..
•~ ~ •.
•.
•....•
MERCHANTS BONDING COMPANY (MUTUAL)
~~
President
On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
t"~~+. CIND SY MYTH
~~ Commission Number 173504
wA My Commission Expires
March 16, 2005 Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
stilt in full force and effect and has not been amended or revoked. (~ ~ ~}
In WiMess Whereof, I have hereunto set my hand and affixed the seal of the Company on this ~ day of (_;~(; is-~-rf ~X ~~~
POA 0001 (1/06)
•......
.• G •.
.• O~N••-~~~'.
• o~••• Poq.•'O •
: y~ 1933 ~~•c;
• ~j '~~/•
• d; •~ .
,Y ••
••
•......
Secretary
Contractor's Business Name: l~l~U_ S2LU2Y' C~e-C~.r~ ~ ~E?0.~~ ~--~~
Address: ~Ida3~lU ~l8"SS 13 e.~-~Cer give
~ey~aukee, t,c.'=. 5_~_0_7_~
Phone No: a~a- X95- a~~ro
Fax No: a~ a - ~~s- a 3s~9
BID FORM
PROJECT CITY PROJECT NO. 0604 and 0704
IDENTIFICATION: 2007 SANITARY AND STORM SEWER LINING
BIDS TO BE OPENED: 10:00 A.M. -TUESDAY, SEPTEMBER 18, 2007
This bid is submitted to: CITY OF COLUMBIA HEIGHTS
637 38TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into
an agreement with OWNER in the form included in the Contract Documents to
perform and furnish all Work as specified or indicated in the Contract Documents for
the Contract Price and within the Contract time indicated in this bid and in
accordance with the other terms and conditions of the Contract Document.
2. BIDDER accepts all of the terms and conditions of the Advehtisement 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
Cfleen (15) days after the date of OWNER'S NOTICE OF AWARD.
3. Ii~1 submitting this bid, BIDDER represents, as more fully set fords in the Agreement
that:
a) BIDDER has examined copies of all the Bidding Documents ai~~d of the
following Addenda (receipt of all of which is hereby acknowledged):
Date Number
10
b} S1llllER has lasniliarired itself with the nature and extent of the Contrat~
Documents, Work, site, locality, and all heal conditio~~7s and laws ar~d
regulations that in any manner may affect cast, 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 Canditions 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 Canditions 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 will be required by BIDDER for
such purposes.
e) BIDDER has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations..
investigations, explorations, texts, reports or similar information or data in
respect of said Underground Facilities are or will be required by BIDDER in
order to perform and furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of Paragraph 4.04
of the General Conditions.
f} BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the teams and
conditions of the Contract Documents.
g) BIDDER has given ENGINEER written notice of all conflicts, en-ors,
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER.
h) `T'his 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
iI
with any agreement or Riles of any group, association, organization or
corporation; BIDDER has not directly or indirectly induced or solicited anti
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 BIllDER
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 TIIE FOLLOWING UNIT
PRICES:
(See Attached Page 13)
Quantities are indicated for the convenience of the Bidder. Final payment will be
based on actual quantities.
1!
CITE' OF COLUMBIA HEIGHTS
"2007 SANITARY AND STORM SEWER LINING"
CITY OF COLUMBIA HEIGHTS MAIN
T
No. Item Unit Quantity Unit Price Total Amount
1 Line 8" VCP I.F. 565 $ ~ C3 _ Gc, $
~_~
On 3`d St __
2 Line 12" VCP L.F. 2,324 $ -:~`~; t~ ~"! $
~'~
~`~!~ Q - ~ Q
On 39`h Ave, ___
_T
Madison St
and 51st Ave
3 Line 15" VCP L.F. 1,586 $ .~`~.0~ $~~
On Jefferson St
and Nuset Pkwy
4 Line 18" VCP L.F. 547 $
~~,>~ ~ $ ~
~Q
On 5`~' St __ f
5 Line 24" RCP L.F. 250 $ $ O,I;(~ $ (`}~' .a
~
On 40`'' Ave _
6 Line 48" RCP L.F. 205 $ j ~~~ (~Q $ ~ 0~
On 44th Ave
TOTAL CITY OF COLUMBIA HEIGHTS: S ~`]$ , ~~ ~j. ®(}
METI20POLITAN COUNCIL ENVIRONMENTAL SERVICES MAIN
No. item Unit Quantity Unit Price Total Amount
1 Line 8" VCP L.F. 639 $ j ~.~i~ $_~~ Q `
On Easement
and Madison St
2 Line 12" VCP L.F. 998 $
_='~.`~;C:~ $
nn SO`h Ave _ _
_
_ _ -
TOTAL MCES:
_ _ _ __ 1
S y- 7 ~~ . 6
I
- _
TOTAI, BID
TOTAL AMOUNT OF BID: S ~~~~,~~~~ ~~
Total Amount of Bid Written in Words
13
~. BIDDER agrees that the Work will be ciimpleted as Ii~llows:
• 2007 SANITARY AND STORM SEWER LINING
CITY PROJECT 0604 and 0704
• Final inspection by June 20, 2008, 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 13id. N~~ ~'
b) The contractor will complete the Work sequence in accordance with Division
1, Section 4, General Requirements.
c) Affidavit ofNon-Collusion.
7. Communications concerning this B1D shall be addressed to the address of BIDDER
indicated below.
8. The terms used in this BID, which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents, have the meanings
assigned to them in the General Conditions.
SUBMITTED ON:~ev~s~~er ~ ~ , 2007.
14
if BIDDF,12 is:
AN INDIVIDUAL
By
(Individual's Name}
Doing Business As
Telephone No:
A PARTNERSHIP
By
(Firm Name}
(General Partner)
Business Address:
Telephone No.:
(Continued on next page.)
(SEAL)
(SEAL)
15
C'ORPORA`TION
By' ~ i~~)- ~e~tiie r c.~ 2 vt ~ ~~.~~ Z~t~ (SEAL)
(Corporation Name)
Vl) i Sco •~n
(State of Incorporation)
l
(Name of• Person Authorized to Sign} hC ei-~-~ M • Pc~2Xartc~e-r'
~C' es i ~ e v~'~"
(Title)
,~
ATTEST': ~(~. t 1~ _
(Secretary) Jc~rn,es ~ . Serk~--E=~c~
Business Address: ~'~ ~ c} (~ ~{g 5 ~, pc~ ker ~ r-V ~
t'e oN c~.u k ee~ WS 5 3 0 7 a
Telephone No. a~ a - ~ 4s- a 3 ~o
A JOINT VENTURE
By
(Name)
(Address)
By
(Name)
(Address)
Each joint venturer must sign. 'The manner of signing for each individual,
pa--tnership and corporation that is a party to the joint venture should be in the
manner indicated above.
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S"KATE OF ~1 5C.6 y~ S i ~
COUNTY OF ~~ Q~~~P ~ ~~
AFFIDAVIT OFNON-COLLUSION:
(1) That I am the BIDDER (if the bidder is an individual), a partner in the
BIDDER (if the bidder is a partnership} or 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) rfhat I have fully informed myself regarding the accuracy of the statements
made in this affidavit.
es i de rte-'
BIDllER }(ems 'M. >4~exarider,
~is~ - ~e~~~er C.~~a.n ~ ~ea_~ , Znc
FIRM MAHING BIDS
Subscribed and sworn to before me
this ~_ day of _ SEPTErtt3ER ~ 2007•
I...tsn E~ ScNuL~t--C- ; p~~i ~p _~ PuC3Lt NAME
'~'l~ Cov~n~misS~oc~ CXP~ 92E.S 2-~20~ 11
OFFICIAL TITLE
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