HomeMy WebLinkAboutContract 2100EJCDC
2100 ;I
STANDARD FORM OF AGREEMENT `, //
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS,
MINNESOTA (OWNER) and Midwest Asphalt Corporation_(CONTRACTOR).
OWNER and CO_ NTRACTOR, in consideration of the mutual covenants set forth herein,
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:
2008 STREET IMPROVEMENTS
UNIVERSITY AVENUE SERVICE DRIVE RECONSTRUCTION
50TH AVENUE TURN L"ANE CONSTRUCTION
JEFFERSON STREET AND 5TH STREET OVERLAY
ARTICLE 2 -THE PROJECT
2.01 The Project for which the Work under the Contract Documents maybe the whole or only
a part is generally described as follows:
CITY PROJECT NO. 0602 S.A.P. NO. 113-010-014
s STREET RECONSTRUCTION
CITY PROJECT NO. 0802
• TURN LANE CONSTRUCTION AND SIGNAL REVISION
CITY PROJECT NO. 0808 S.A.P. NO. 113-107-013 AND 113-108-003
• MILL AND OVERLAY
ARTICLE 3 -ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS'
ENGINEERING DEPARTMENT (ENGINEER), who is to act as OWNER's representative,
assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with the completion of the Work in accordance with
the Contract Documents.
ARTICLE 4 -CONTRACT TIMES
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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 September 26, 2008,
and completed and ready for final payment in accordance with Paragraph 14.07 of the
General Conditions on or before October 24, 2008.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in Paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty),
CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time
specified in Paragraph 4.02 for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or
fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00
for each day that expires after the time specified in Paragraph 4.02 for completion
and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 5 -CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion 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
Exhibit A.
As provided in Paragraph 11.03 of the General Conditions, estimated quantities are
not guaranteed, and determinations of actual quantities and classifications are to be
made by ENGINEER as provided in Paragraph 9.07 of the General Conditions. Unit
prices have been computed as provided in Paragraph 11.03 of the General
Conditions.
ARTICLE 6 -PAYMENT PROCEDURES
23
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR's Applications for Payment on or about the fifteenth
day of each month during performance of the Work as provided in Paragraphs
6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule
of values established as provided in Paragraph 2.07.A of the General Conditions (and
in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below but, in each case, less the
aggregate of payments previously made and less such amounts as
ENGINEER may determine or OWNER may withhold including but not
limited to liquidated damages, in accordance with Paragraph 14.02 of the
General Conditions:
a. 95% of Work completed (with the balance being retainage). If
the Work has been 50% completed as determined by ENGINEER,
and if the character and progress of the Work have been satisfactory
to OWNER and ENGINEER, OWNER, on recommendation of
ENGINEER, may determine that as long as the character and progress
of the Work remain satisfactory to them, there will be no additional
retainage; and
b. 95% of cost of materials and equipment not incorporated in
the Work (with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount
sufficient to increase total payments to CONTRACTOR to 98% of the Work
completed, less such amounts as ENGINEER shall determine in accordance
with Paragraph 14.02.B.5 of the General Conditions and less 5% of
ENGINEER's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the
certificate of Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with
Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07.
ARTICLE 7 -INTEREST
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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 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 of a Hazardous Environmental Condition, if any, at the
Site which has been identified in the Supplementary Conditions as provided in
Paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for doing so) all additional or supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which may affect
cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be
employed by CONTRACTOR, including any specific means, methods, techniques,
sequences, and procedures of construction expressly required by the Bidding
Documents, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations,
investigations, explorations, tests, studies, or data are necessary for the performance
of the Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
25
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. CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
26
ARTICLE 9 -CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 22 to 29, inclusive).
2. Performance Bond (pages 00610-1 to 00610-2, inclusive).
3. Payment Bond (pages 00615-1 to 00615-2 ,inclusive).
4. Other Bonds (pages to ,inclusive).
5. General Conditions (pages 00700-01 to 00700-41, inclusive).
6. Supplementary Conditions (pages 00700-42 to 00700-50, inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings consisting of the following:
a. Cover sheet and sheets numbered 1 through 26, inclusive,
with each sheet bearing the general title University Avenue
Service Drive and the City Project Number.
b. Cover sheet and sheets numbered 1 through 11, inclusive,
with each sheet bearing the general title 50`h Avenue and
Central Avenue and the City Project Number.
c. Cover sheet and sheets numbered 1 through 3, inclusive, with
each sheet bearing the general title mill and overlay and the
City Project Number.
9. Addenda (numbers 1 to 6 ,inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. CONTRACTOR's Bid (pages 10 to 21 ,inclusive).
b. Documentation submitted by CONTRACTOR prior to Notice
of Award (pages to ,inclusive).
c.
11. The following which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
a. Notice to Proceed (pages 1 to 1 ,inclusive).
b. Work Change Directives.
c. Change Order(s).
B. The documents listed in Paragraph 9.O1.A are attached to this Agreement
27
(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in Paragraph 3.04 of the General Conditions.
ARTICLE 10 -MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General
Conditions and the Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under the Contract
Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions (if applicable).
28
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of
the Contract Documents have been signed o-• identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on September 8, 2008 (which is the Effective Date of the Agreement).
OWNER:
Gary Peterson, Mayor
[CORPORATE SEAL]
Attest:
Title:
Address for giving notices:
(If OWNER is a corporation, attach evidence
of authority to sign. If OWNER is a public
body, attach evidence of authority to sign and
resolution or other documents authorizing
execution ofOWNER-CONTRACTOR
Agreement).
Designated Representative:
Name: Kevin Hansen
Title: Director of Public Works/City Engineer
Address: 637 38`h Ave. NE
Columbia Heights, MN 55421
Phone: 763-706-3705
Facsimile: 763-706-3701
CONTRACTOR:
ora ion
By:
Title: Blair B. Bury, Vice esident
Atte,
Title
Address for giving notices: C
License No.
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to
sign.)
Designated Representati`ve:
Name: ~~~~~k ~ /l ~%l~ll'~~ t'~ Z_
Title: ~f%' (>/J~i'~~~~~/ ---
~`
Address:
Facsimile: ~'~J ~~- ,l ';~ ~` (.~ l~~
:~-~'-~
29
(CORPORATE SEAi,1
Performance Bond Bond No. GRMN28427A
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address)
MIDWEST ASPHALT CORPORATION
P.O. BOX 5477
HOPKINS, MN 55345
OWNER (Name and Address)
City of Columbia Heights -Public Works
637 - 38th Ave NE
Columbia Heights, MN 55421
SURETY (Name and Principal Place of Business)
GRANITE RE, INC.
14001 QUAILBROOK DRIVE
OKLAHOMA CITY, OK 73134
CONTRACT
Date: 9/08/2008
Amount: $ 937,401.84
Description (Name and Location):
2008 STREET IMPROVEMENTS - C.P. #0602. SAP 113-010-014-UNIVERSITY AVE. SERVICE DRIVE RECONSTRUCTION. C.P. #0802-50TH AVE.
TURN LANE CONSTRUCTION, C.P. #0808. SAP 113-107-013 AND 113-108-003~lEFFERSON ST. AND 5TH STREET OVERLAY. COLUMBIA
HEIGHTS, MINNESOTA
BOND
BOND NO. GRMN28427A
Date (Not earlier than Construction Contract Date): 9/11/2008
Amount: $ 937,401.84 (NINE HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED ONE AND 84/100)
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond
to be duly executed on its behalf by its authorized officer, agent or representative.
CONTRACTOR AS PRINCIPAL
MIDWEST ASPHALT CORPORATION
Company: (Seal)
Signature:
Name and Title
Blair B. Bury, Vic President
SURETY
GRANITE RE, INC. ,
Surety's Name and Corpo ate Seal
By: ~t~
Signatu and Title:
Lisa M. Fran our, Attorney-in-F ct
(Attach Power Attorney
(Space is provided below for signatures of additional parties, if required.)
Attest:
Signature and Tit e
CONTRACTOR AS PRINCIPAL SURETY
Company: (Seal)
Surety's name and Corporate Seal
Signature: By:
Name and Title: Signature and Title:
(Attach power of attorney)
Attest:
Signature and Title
eal)
EJCDC No. C-610 (2002 Edition)
Originally prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, and the American Institute of Architects.
I. CONTRACTOR and Surety, jointly and severally, bind themselves
their heirs, executors, administrators, successors and assigns to the Owner
for the performance of the Contract, which is incorporated
herein by reference
2. If CONTRACTOR performs the Contract, Surety and
CONTRACTOR have no obligation unda• this Bond, except to participate
in conferences as provided in Subparagraph 3.1.
3. If there is no OWNER Default, Surety's obligation under this Bond
Shall arise after
3.1 OWNER has notified CONTRACTOR and Surety at the
address described in Paragraph ] 0 below, that Owner is con-
sidering declaring a CONTRACTOR Default and has requested and at-
tempted to arrange a conference with CONTRACTOR and Surety
to be held not later than fifteen days after receipt of such notice to
discuss methods of performing the Contract. If
OWNER, CONTRACTOR and Surety agree, CONTRACTOR
shall be allowed a reasonable time to perform the Con-
tract, but such an agreement shall not waive the Owner's right, if
any, subsequently to declare a CONTRACTOR Default; and
3.2 The OWNER has declared a CONTRACTOR Default and formally ter-
minated CONTRACTOR'S right to complete the contract Such
CONTRACTOR Default shall not be declared earlier than twenty days
after CONTRACTOR and Surety have received notice as pro-
vided in paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract Price
to:
1. The Surety in accordance with the terms of the Contract:
2. Another contractor selected pursuant to paragraph 4.3 to perform the
contract
4. When Owner has satisfied the conditions of Paragraph 3, Surety
shall promptly and at the Surety's expense take one of the following
actions:
4.1 Arrange for Contractor, with consent of Owner, to perform
and complete the Contract, or
4.2 Undertake to perform and complete the Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and con-
pletion of the Contract, arrange for a contract to be
prepared for execution by Owner and the contractor selected
with Owner's concurrence to be secured with performance
and payment bonds executed by a qualified surety equivalent to
the bonds issued on the Contract, and pay to
Owner the amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incun•ed by Owner
resulting from the Contractor default; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances;
1. After investigation, determine the amount for which it maybe
liable to Owner and as soon as practicable after the amount
is determined, render payment therefor to Owner, or
2. Deny liability in whole or in part and notify the Owner citing
reasons thereof.
5. [f Surety does not proceed as provided in Paragraph 4 with reason-
able promptness, the Surety shall be deemed to be in default of this Bond 15
days after receipt of an additional written notice from Owner to
Surety demanding that the Surety perform its obligation under this
Bond, acid Owner shall be entitled to enforce any remedy available to
Owner. If Surety proceeds as provided in Subparagraph 4.4 and
Owner refuses the payment tendered or the Surety has denied liability,
in whole or in pazt, without further notice Owner shall be entitled to
enforce any remedy available to Owner.
6. After Owner has terminated Contractor's right to complete the
Contract, and if Surety elects to act under paragraph
4.1, 4.2 or 4.3 above, then the responsibilities of Surety to Owner
Shall not be greater than those of the Contractor under the
Contract, and the responsibilities of Owner to Surety shall not be
Greater than those of Owner under the Contract To a
Limit of the amount of this Bond, but subject to commitment by Owner
Of the Balance of the Contract Price to mitigation of costs and damages
On the Contract, the Surety is obligated without duplication
For:
6. i The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract.
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure 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 nonperformance of Contractor.
7. The Surety shall not be liable to Owner or others for obligations of
The Contractor that are unrelated to the Contract, and the
Balance of the Contract Price, shall not be reduced or set off on account
Of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the O~utier or its heirs, executors,
administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of
time, to Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or 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 shall be instituted within two years after Contractor Default or within two
years after the Contractor ceased working or within two years after Surety refuses or
fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this Paragraph are void or prohibited by law, the mininum period of
limitation available to sureties as a defense in the jurisdiction of the suit shall be liable.
10. Notice to Surety, Owner or Contractor shall be mailed or
delivered to the address shown on the signature page.
1 1. When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions con-
forming tosuch statutory or other legal requirement shall be deemed in-
corporated herein. The intent is that his Bond shall be construed as a
statutory bond and not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by
Owner to Contractor under the Contract after
all proper adjustments have been made, including allowance to
Contractor of any amounts received or to be received by
Owner in settlement of insurance or other claims for damages to
which Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of Contractor under the
contract.
12.2 Contract: The agreement between Owner and
Contractor identified on the signature page, including all
Contract Documents and changes thereto.
12.3 Contractor Default: Failure of Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply
with the terms of the Contract.
12.4 Owner Default: Failure of Owner, which has neither been
remedied not waived, to pay Contractor as required by the
Contractor to perform and complete or comply
with the other terms thereof.
(FOR INFORMATION ONLY -Name Address and Telephone)
Surety Agency or Broker: Pate Bonding, Inc., 1276 South Robert Street, West St. Paul, MN 55118 (651)457-6842
OWNER'S REPRESENTATNE (Engineer or other Party): CITY ENGINEER 00610-2
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of )
County of
On this day of in the year before me personally come(s)
to me known and known to me to be the person(s) who (is)
(are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of )
County of )
On this day of in the year before me personally come(s)
a member of the co-partnership of
to me known and known to me to be the person who is
described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the
said co-partnership.
Notary Public
~~~ ~ )NOWLEDGMENT OF PRINCIPAL (Corporation)
On this day of in the year before me personally come(s)
~~ , to e kn wn, who, being ly s rn, deposes nd
says that he is the ~ of the -
the corporation described in and which executed the foregoing instrument; that e
knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order
of the Board of Directors of said corporation, and that he signed his name thereto b like order.
J
"" " ~ SHIRLEY MAY EIDEM
'~ Notary Publio
~~~~ Minnesota Notary Pu61ic
My Commisslon Expires January 31, 2010
OWLEDGMENT OF SU ETY
State of
County of
State of Minnesota )
County of Dakota )
On this 11th day of September, in the year 2008, before me personally come(s) Lisa M. Francour, Attorney(s)-in-Fact of
GRANITE RE. INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-
Fact of GRANITE RE, INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such
company; and that seal affixed to the within instrument is such corporate seal and that it wa~ffixed by order of the Boar of Directors
of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said comp y by like order.
..; ~ ~
Notary Public
UUANDA LEE ERANZ
NOTARY PUBLIC - PNINNESOTA
My Commission Expires Jan. 31, 2010
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES its true and lawful Attorney-in-Fact(s) for the
following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed
and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all
and whatsoever the said:
JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES may lawfully do in the premises by virtue of these
presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its President and Secretary/Treasurer, this 14"' day of January, 2008.
op ~oa~:W~ ~{!/ 7
Kenneth D
Whittin on
President
_
STATE OF OKLAHOMA ) SEA L .
,
~
SS: ~~.~•~ ~
~
COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer
On this 14~' day of January, 2008, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company
and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly
sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of
the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said
corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of
said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company.
~~ R
(7 aoT~q
My Commission Expires: _
May 9, 2008
Commission #:00005708 > K ~
V
Notary Publ c
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or
evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond
or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
11th day of September, 2008. P,,,~TE~,4
o ~o.oW ~ c
SEA L
oku„,.~ odman A. Frates, Secretary/Treasurer
GR0800-1
Payment Bond Bond No. GRMN28427A
Any singtrlar reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address)
MIDWEST ASPHALT CORPORATION
P.O. BOX 5477
HOPKINS, MN 55345
OWNER (Name and Address)
City of Columbia Heights -Public Works
637 - 38th Ave NE
Columbia Heights, MN 55421
CONTRACT
Date: 9/08/2008
Amount: $ 937,401.84
Description (Name and Location):
SURETY (Name and Principal Place of Business)
GRANITE RE, INC.
14001 QUAILBROOK DRIVE
OKLAHOMA CITY, OK 73134
2008 STREET IMPROVEMENTS - C.P. #0602. SAP 113-010-014-UNIVERSITY AVE. SERVICE DRIVE RECONSTRUCTION, C.P. #0802-50TH AVE. TURN
LANE CONSTRUCTION, C.P. #0808. SAP 113-107-013 AND 113-108-003-JEFFERSON ST. AND 5TH STREET OVERLAY, COLUMBIA HEIGHTS
MINNESOTA
BOND
BOND NO. GRMN28427A
Date (Not earlier than Construction Contract Date): 9/11/2008
Amount: $ _ _937,401.84 (NINE HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED ONE AND 84/100)
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to
be duly executed on its behalf by its authorized officer, agent or representative.
CONTRACTOR AS PRINCIPAL SURETY
MIDWEST ASPHALT CORPORATION GRANITE RE, INC.
Company: (Seal) Surety's Name and Cor o~rate~Seal
Signature: ` ~''~'~ By: ~~" - " ~~
ame and Tit e Signatur and Title:
Blair B. Bury, Vice P ident Lisa M. Franco r, Attorney-in-Fa
(Attach Power of ttorney)
(Space is provided below for signatures of additional parties, if required.)
Attest:
Signature and Title
CONTRACTOR AS PRINCIPAL SURETY
Company: (Seal)
Surety's name and Corporate Seal
Signature: By:
Name and Title: Signature and Title:
(Attach power of attorney)
Attest:
Signature and Title
(Seal)
EJCDC No. C-615 (2002 Edition)
Originally prepared through the joint efforts of The Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of
America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner to pay for
labor, materials and equipment fumished for use
in the performance of the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and
void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants. and
2.2 Defends indemnifies and holds harmless Owner from all claims,
demands, liens or suits alleging non-payment by contractor by any person
or entity who fumished
labor, materials or equipment for use in the performance of the
Contract, provided Owner has promptly notified
Contractor and Surety (at the address described in Para-
graph 12) of an claims, demands, liens or suits and tendered
defense of such claims, demands, liens or suits to Contractor
and Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if
Connector promptly makes payment, directly or indirectly, for all sums
due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph l2) and sent a copy, or notice thereof, to
the Owner, starting that a claim is being made under this Bond
and, with substantial accuracy, the amount of the claim.
42 Claimants who do not have a direct contract with the Contractor:
] . Have fumished written notice to Contractor and sent a copy,
or notice thereof, to Owner, within 90 days after having last
performed labor or last fumished materials or equipment in-
cluded in the claim stating, with substantial accuracy the amount
of the claim and the name of the party to whom the materials
were furnished or supplied or for whom the labor was done or
performed; and
2. Have either received a rejection in whole or in part from
Contractor, or not received within 30 days of furnishing the
above notice any communication from Contractor by which
Contractor has indiciated 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 Surety
and sent a copy, or notice thereof, to Owner stating
that a claim is being made under this Bond and enclosing a copy
of the previous written notice fumished to Contractor.
5. If a notice required by Paragraph 4 is provided by Owner to Con-
tractor or to Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following actions.
6.1 Send an answer to the Claimant, with a copy to Owner, within
45 days after receipt of [he claim, stating the amounts that are
undisputed and teh basis for challenging any amounts that are disputied.
6.2 Pay or arrange for payment of any undisputed amounts.
7. Surety's total obligation shall not exceed the amount of this Bond
and the amount of this Bond shall be credited for any payments made in
good faith by Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be used for the
performance of the Contract
and to satisfy claims, if any, under any Performance Bond.
By Contractor furnishing and Owner accepting this Bond, they
agree that all funds earned by Contractor in the performance of the
Contract are dedicated to satisfy obligations of Con-
tractor and Surety under this Bond, subject to Ow~ier's priority
to use the funds for the completion of the work.
9. Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Con-
tract. Owner shall not be liable for payment of any costs or expenses
of any Claimant under this Bond, and shall have under this Bond no
obligations to make payments to, give notices on behalf of, or otherwise have
obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, including changes of
time, to the Contract or to related subcontracts, purchase
orders and other obligations.
i 1. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the
Work or part of the Work is located or after the expiration of one year
from the date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or
service was performed by anyone or the last materials or equipment were
furnished by anyone under the 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 be applicable.
12. Notice to Surety, Owner or Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, Owner or 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 fumished to comply with a stahrtory
requirement in the location where the constract was to be per-
formed, any provision in this Bond conflicting with said statutory ar legal
requirement shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated
herein. The intent is, that this Bond shall be construed as a statutory bond
and not as a common law bond.
14. Upon request by any person or entity appearing to be a potential beneficiary of
this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract with
Contractor or with afirst-tier subcontractor of the Contractor to
fumish labor, materials or equipment for use in the performance
of the Contract. The intent of this Bond shall be to include with-
outlimitation in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline, telephone ser-
vice or rental equipment used in the Contract, archi-
tectual and engineering services required for performance of the
Work of the Contractor and the Conhactor's subcontractors, and
all other items for which a mechanic's lien may be asserted in the
jurisdiction where the labor, materials or equipment were
fumished.
15.2 Contract: The agreement between Owner and
Contractor identified on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of Owner, which has neither been
remedied nor waived, to pay Contractor as required by the
Contract or to perform and complete or comply
with the other terms thereof.
(FOR INFORMATION ONLY -Name Address and Telephone)
Surety Agency or Broker: Pate Bonding, Inc., 1276 South Robert Street, West St. Paul, MN 55118 (651)457-6842
OWNER'S REPRESENTATIVE (Engineer or other Party): CITY ENGINEER 00615-2
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of )
County of )
On this day of in the year before me personally come(s)
to me known and known to me to be the person(s) who (is)
(are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of )
County of )
On this
day of in the year before me personally come(s)
a member of the co-partnership of
to me known and known to me to be the person who is
described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the
said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State of )
County of ,~'L, )
this ~ ay of in the year c~ before me personally come(s)
' , to me known, who, bein duly orn, depo and
says that he is the ` of the ~ ~ -
the corporation described in and which executed the foregoing instrument; at he
knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order
of the Board of Directors of said corpora~onia d hat he signed his name thereto by like order. e
~~T.~r SHIRLEY MAY EIDEM _
Notary Public
' Minnesota Nota Public
•.~-~, ry
My Commission Expires January 31, 2010
ACKNOWLEDGMENT OF SURETY
State of Minnesota )
County of Dakota )
On this 11th day of September, in the year 2008, before me personally come(s) Lisa M. Francour, Attorney(s)-in-Fact of
GRANITE RE, INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-
Fact of GRANITE RE, INC. company described in and which executed the within instrument; t at he know(s) the corporate seal of such
company; and that seal affixed to the within instrument is such corporate seal and that it wa affixed by order of the B rd of Directors
of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said comps y by like orc~r-~
WANDA LEA ~~+~lZ Notary Public
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan. 39, 2010
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES its true and lawful Attorney-in-Fact(s) for the
following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed
and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all
and whatsoever the said:
JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES may lawfully do in the premises by virtue of these
presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its President and Secretary/Treasurer, this 14t'' day of January, 2008.
.N1TE R~,N
Kenneth D
on
President
Whittin
STATE OF OKLAHOMA ) SEA L ,
.
g
~-
) 7 i
,
COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer
On this 141h day of January, 2008, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company
and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly
sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of
the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said
corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of
said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company.
U, ~ NOTA r
My Commission Expires: _
May 9, 2008 r
Commission #: 00005708 ~ ~
V
Notary Publ c
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or
evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond
or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
11th day of September, 2008. Pr„1TE~,N
o ,,a«w.~ c
SEAL
ou,~.. odman A. Frates, Secretary/Treasurer
GR0800-1
CHANGE ORDER NO. 1
Project: 2008 Street Reconstruction City Project: 0602, 0802, and 0808
Owner: City of Columbia Heights Date of Issuance: August 13, 2009
637 38 Avenue N.E.
Columbia Heights, MN 55421
Contractor: Midwest Asphalt Corporation Engineer: City Engineer
P.O. Box 5477
Hopkins, MN 55343
You are directed to make the following changes in the Contract Documents:
Description:
Revise unit prices of Mill bituminous pavement. Millings to become property of Contractor.
Project 0602 Project 0802
Clear and grub lilacs from 44 to 45 Avenues Remove and construct curb and gutter
Remove and construct concrete walk at CDS Remove and construct concrete walk
Place aggregate base and bit. path 8' wide instead of 6' Construct pedestrian curb ramp
Install insulation to protect water main Install truncated domes
Install hydrant extensions Special patch bituminous
Install NMC loop detectors Construct concrete turn lane
Install No Parking signs Replace wires for signal system
Hydromulch slope
Bituminous density incentive Project 0808
Bituminous density incentive
Purpose of Change Order:
The contract has been modified to include the following:
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price: Original Contract Time:
$ 952,359.84
Previous Change Orders No. to No. Net Change from Previous Change Order:
$ None
Contract Price Prior to this Change Order: Contract Time Prior to this Change Order:
$ 952,359.84
Net Increase of this Change Order: Net Increase (Decrease) of Change Order:
$ 83,006.16
Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders:
$1,035,36. 00 N/A
Approe 4 Approved
By A . . ! + By
t n_`' eee (Contractor)
_ ;
d _
Mayor Gary Pe "erson City Manager Walt Fehst Date of Council Action
Attachment to Change Order No. 1
City Project No. 0602, 0802, and 0808
Page 1
Owner: City of Columbia Heights
Contractor: Midwest Asphalt
Project: 2008 Street Reconstruction
Description of Changes:
The City requested the following work for additions, changes or modifications to the contract documents:
Project 0602 — University Avenue Service Drive
Revise unit price of Mill bituminous pavement from $2.45 to $1.85 per square yard.
• Item No. 1: Clear and grub lilacs from 44 Avenue to 45 Avenue
The lilac bushes could not be saved during construction.
Costs will be appropriated from municipal state aid funds.
• Item No. 2 and 3: Remove and construct concrete walk at CDS (40` Avenue)
The sidewalk and path in the area of the cul -de -sac, bus stop and traffic signal pole was field designed after
the cul -de -sac was moved to accommodate the existing Xcel energy pole.
Costs will be appropriated from municipal state aid funds.
• Item No. 4 and 5: Place aggregate base and path 8' wide
After months of discussions with Mn /DOT about constructing the path 8' wide rather than 6' wide, the 8'
width was finally approved after the project was under construction.
Costs will be appropriated from municipal state aid funds.
• Item No. 6: Install insulation to protect water main
The water main was not constructed as shown on the asbuilt plans and actually curved toward the storm sewer
pipe being installed as part of the project. Insulation was placed to protect water main from frost during the
winter months.
Costs will be appropriated from water fund.
• Item No. 7: Install hydrant extensions
The depth of the water main combined with the slope of the ground required the use of hydrant extensions to
install the hydrant at the correct elevation.
Costs will be appropriated from water fund.
• Item No. 8: Install NMC loop detectors
Mn /DOT required additional loop detectors be installed at 44 Avenue and TH 47.
Costs will be appropriated from municipal state aid funds.
• Item No. 9: Install No Parking signs
New signs "No Parking Both Sides" were required for the east side of the street in order to eliminate signs in
the path when it was widened to 8'.
Costs will be appropriated from municipal state aid funds.
• Item No. 10: Hydromulch slope
Construction was nearing completion in late fall. Hydromulch was used to stabilize the slope between TH 47
and the Service Drive with permanent seeding rather than temporary mulch followed by permanent seeding
the following spring.
Costs will be appropriated from municipal state aid funds.
Attachment to Change Order No. 1
City Project No. 0602 and 0802
Page 2
• Item No. 11: Bituminous density incentive
Mn /DOT specifications require incentive payment when density of bituminous compaction exceeds
requirements. The City is not able to alter this section of the specification when State funds are used for
construction.
Costs will be appropriated from municipal state aid funds.
Project 0802 — 50 Avenue Turn Lane
Revise unit price of Mill bituminous pavement from $4.00 to $2.90 per square yard.
• Item No. 1 and 2: Remove and construct concrete curb and gutter
Mn /DOT required concrete pedestrian curb ramp modifications on three of the four corners as part of the
permit approval process. Concrete curb and gutter was installed on the east side of the alley adjacent to the
liquor store.
Costs will be appropriated from Liquor Store and municipal state aid funds.
• Item No. 3, 4, 5, and 6: Remove and construct concrete walk, pedestrian curb ramp and truncated domes
Mn /DOT required concrete pedestrian curb ramp modifications on three of the four corners as part of the
permit approval process.
Costs will be appropriated from municipal state aid funds.
• Item No. 7: Special patch bituminous
Additional bituminous patching was required with construction of curb and gutter and pedestrian curb ramps.
Costs will be appropriated from Liquor Store and municipal state aid funds.
• Item No. 8: Construct concrete turn lane
To facilitate drainage and for constructability, the widened turn lane area was constructed with concrete rather
than bituminous.
Costs will be appropriated from infrastructure fund.
• Item No. 9: Replace wire for signal system
New wires had to be installed when existing wires were not long enough to allow moving the traffic signal
pole to accommodate the turn lane.
Costs will be appropriated from municipal state aid funds.
Project 0808 — 5 Street and Jefferson Street State Aid Mill and Overlay
Revise unit price of Mill bituminous pavement from $1.90 to $1.10 per square yard.
• Item No. 1: Bituminous density incentive
Mn /DOT specifications require incentive payment when density of bituminous compaction exceeds
requirements. The City is not able to alter this section of the specification when State funds are used for
construction.
Costs will be appropriated from municipal state aid funds.
Page 3
CHANGE ORDER 1
NO. ITEM DESCRIPTION UNIT UNIT PRICE QUAN AMOUNT
UNIVERSITY AVENUE SERVICE DRIVE - PROJECT 0602
1 Clear and grub lilacs, 44th to 45th Avenues L.S. $ 3,331.25 1 $ 3,331.25
2 Remove concrete walk at CDS S.F. $ 0.75 384 $ 288.00
3 Construct concrete walk at CDS S.F. $ 4.80 439 $ 2,107.20
4 Place 6" aggregate base for path C.Y. $ 19.00 346 $ 6,574.00
5 Place 2" wearing course for path Ton $ 73.00 323 $ 23,579.00
6 Install insulation to protect water main L.S. $ 2,695.90 1 $ 2,695.90
7 Install hydrant extension Ea. $ 478.00 2 $ 956.00
8 Install NMC loop detector Ea. $ 765.00 3 $ 2,295.00
9 Install post and No Parking signs Ea. $ 247.25 16 $ 3,956.00
10 Hydromulch slope S.Y. $ 0.92 7260 $ 6,679.20
11 Bituminous density incentive L.S. $ 3,028.18 1 $ 3,028.18
TOTAL FOR PROJECT 0602 $ 55,489.73
Funding Source Amount
Water Fund $3,651.90
State Aid $51,837.83
50TH AVENUE TURN LANE - PROJECT 0802
1 Remove curb and gutter L.F. $ 2.00 93 $ 186.00
2 Construct concrete curb and gutter L.F. $ 19.00 229 $ 4,351.00
3 Remove concrete walk S.F. $ 1.00 416 $ 416.00
4 Construct concrete walk S.F. $ 5.60 350 $ 1,960.00
5 Construct pedestrian curb ramp Ea. $ 445.00 3 $ 1,335.00
6 Install truncated domes S.F. $ 35.00 24 $ 840.00
7 Special patch bituminous Ton $ 97.00 65 $ 6,305.00
8 Construct concrete turn lane S.F. $ 7.00 888 $ 6,216.00
9 Replace wires to mast arm and pole #5 L.S. $ 2,848.72 1 $ 2,848.72
TOTAL FOR PROJECT 0802 $ 24,457.72
Funding Source Amount
Infrastructure $6,216.00
Liquor Store $6,682.25
State Aid $11,559.47
5TH STREET AND JEFFERSON STREET - PROJECT 0808
1 Bituminous density incentive L.S. $ 3,058.71 1 $ 3,058.71
TOTAL FOR PROJECT 0808 $ 3,058.71
Funding Source Amount
State Aid $3,058.71
TOTAL FOR CHANGE ORDER 1 $ 83,006.16
ItUD
CHANGE ORDER NO. 1
Project: 2008 Street Reconstruction City Project: 0602, 0802, and 0808
Owner: City of Columbia Heights Date of Issuance: August 13, 2009
637 38 Avenue N.E.
Columbia Heights, MN 55421
Contractor: Midwest Asphalt Corporation Engineer: City Engineer
P.O. Box 5477
Hopkins, MN 55343
You are directed to make the following changes in the Contract Documents:
Description:
Revise unit prices of Mill bituminous pavement. Millings to become property of Contractor.
Project 0602 Project 0802
Clear and grub lilacs from 44 to 45 Avenues Remove and construct curb and gutter
Remove and construct concrete walk at CDS Remove and construct concrete walk
Place aggregate base and bit. path 8' wide instead of 6' Construct pedestrian curb ramp
Install insulation to protect water main Install truncated domes
Install hydrant extensions Special patch bituminous
Install NMC loop detectors Construct concrete turn lane
Install No Parking signs Replace wires for signal system
Hydromulch slope
Bituminous density incentive Project 0808
Bituminous density incentive
Purpose of Change Order:
The contract has been modified to include the following:
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price: Original Contract Time:
$ 952,359.84
Previous Change Orders No. to No. Net Change from Previous Change Order:
$ None
Contract Price Prior to this Change Order: Contract Time Prior to this Change Order:
$ 952,359.84
Net Increase of this Change Order: Net Increase (Decrease) of Change Order:
$ 83,006.16
Contract- Price with all Approved Change- Orders: Contract. Time with Approved Change Orders_
$1,035,36. 00 N/A
Approxe i Approved
By: ff �� ' . .yam : . _� • ,_ By:
131M7- ► (Contractor)
� "• _r-� -- /% - 8/a4/09
Mayor Gary Pe erson City Manager Walt Fehst Date of Council Action
Attachment to Change Order No. 1
City Project No. 0602, 0802, and 0808
Page 1
Owner: City of Columbia Heights
Contractor: Midwest Asphalt
Project: 2008 Street Reconstruction
Description of Changes:
The City requested the following work for additions, changes or modifications to the contract documents:
Project 0602 — University Avenue Service Drive
Revise unit price of Mill bituminous pavement from $2.45 to $1.85 per square yard.
• Item No. 1: Clear and grub lilacs from 44 Avenue to 45 Avenue
The lilac bushes could not be saved during construction.
Costs will be appropriated from municipal state aid funds.
• Item No. 2 and 3: Remove and construct concrete walk at CDS (40 Avenue)
The sidewalk and path in the area of the cul -de -sac, bus stop and traffic signal pole was field designed after
the cul -de -sac was moved to accommodate the existing Xcel energy pole.
Costs will be appropriated from municipal state aid funds.
• Item No. 4 and 5: Place aggregate base and path 8' wide
After months of discussions with Mn /DOT about constructing the path 8' wide rather than 6' wide, the 8'
width was finally approved after the project was under construction.
Costs will be appropriated from municipal state aid funds.
• Item No. 6: Install insulation to protect water main
The water main was not constructed as shown on the asbuilt plans and actually curved toward the storm sewer
pipe being installed as part of the project. Insulation was placed to protect water main from frost during the
winter months.
Costs will be appropriated from water fund.
• Item No. 7: Install hydrant extensions
The depth of the water main combined with the slope of the ground required the use of hydrant extensions to
install the hydrant at the correct elevation.
Costs will be appropriated from water fund.
• Item No. 8: Install NMC loop detectors
Mn /DOT required additional loop detectors be installed at 44 Avenue and TH 47.
Costs will be appropriated from municipal state aid funds.
• Item No. 9: Install No Parking signs
New signs "No Parking Both Sides" were required for the east side of the street in order to eliminate signs in
the path when it was widened to 8'.
Costs will be appropriated from municipal state aid funds.
• Item No. 10: Hydromulch slope
Construction was nearing completion in late fall. Hydromulch was used to stabilize the slope between TH 47
and the Service Drive with permanent seeding rather than temporary mulch followed by permanent seeding
the following spring.
Costs will be appropriated from municipal state aid funds.
Attachment to Change Order No. 1
City Project No. 0602 and 0802
Page 2
• Item No. 11: Bituminous density incentive
Mn /DOT specifications require incentive payment when density of bituminous compaction exceeds
requirements. The City is not able to alter this section of the specification when State funds are used for
construction.
Costs will be appropriated from municipal state aid funds.
Project 0802 — 50 Avenue Turn Lane
Revise unit price of Mill bituminous pavement from $4.00 to $2.90 per square yard.
• Item No. 1 and 2: Remove and construct concrete curb and gutter
Mn /DOT required concrete pedestrian curb ramp modifications on three of the four corners as part of the
permit approval process. Concrete curb and gutter was installed on the east side of the alley adjacent to the
liquor store.
Costs will be appropriated from Liquor Store and municipal state aid funds.
• Item No. 3, 4, 5, and 6: Remove and construct concrete walk, pedestrian curb ramp and truncated domes
Mn /DOT required concrete pedestrian curb ramp modifications on three of the four corners as part of the
permit approval process.
Costs will be appropriated from municipal state aid funds.
• Item No. 7: Special patch bituminous
Additional bituminous patching was required with construction of curb and gutter and pedestrian curb ramps.
Costs will be appropriated from Liquor Store and municipal state aid funds.
• Item No. 8: Construct concrete turn lane
To facilitate drainage and for constructability, the widened turn lane area was constructed with concrete rather
than bituminous.
Costs will be appropriated from infrastructure fund.
• Item No. 9: Replace wire for signal system
New wires had to be installed when existing wires were not long enough to allow moving the traffic signal
pole to accommodate the turn lane.
Costs will be appropriated from municipal state aid funds.
Project 0808 — 5 Street and Jefferson Street State Aid Mill and Overlay
Revise unit price of Mill bituminous pavement from $1.90 to $1.10 per square yard.
• Item No. 1: Bituminous density incentive
Mn /DOT specifications require incentive payment when density of bituminous compaction exceeds
requirements. The City is not able to alter this section of the specification when State funds are used for
construction.
Costs will be appropriated from municipal state aid funds.
Page 3
CHANGE ORDER 1
NO. ITEM DESCRIPTION UNIT UNIT PRICE QUAN AMOUNT
UNIVERSITY AVENUE SERVICE DRIVE - PROJECT 0602
1 Clear and grub lilacs, 44th to 45th Avenues L.S. $ 3,331.25 1 $ 3,331.25
2 Remove concrete walk at CDS S.F. $ 0.75 384 $ 288.00
3 Construct concrete walk at CDS S.F. $ 4.80 439 $ 2,107.20
4 Place 6" aggregate base for path C.Y. $ 19.00 346 $ 6,574.00
5 Place 2" wearing course for path Ton $ 73.00 323 $ 23,579.00
6 Install insulation to protect water main L.S. $ 2,695.90 1 $ 2,695.90
7 Install hydrant extension Ea. $ 478.00 2 $ 956.00
8 Install NMC loop detector Ea. $ 765.00 3 $ 2,295.00
9 Install post and No Parking signs Ea. $ 247.25 16 $ 3,956.00
10 Hydromulch slope S.Y. $ 0.92 7260 $ 6,679.20
11 Bituminous density incentive L.S. $ 3,028.18 1 $ 3,028.18
TOTAL FOR PROJECT 0602 $ 55,489.73
Funding Source Amount
Water Fund $3,651.90
State Aid $51,837.83
50TH AVENUE TURN LANE - PROJECT 0802
1 Remove curb and gutter L.F. $ 2.00 93 $ 186.00
2 Construct concrete curb and gutter L.F. $ 19.00 229 $ 4,351.00
3 Remove concrete walk S.F. $ 1.00 416 $ 416.00
4 Construct concrete walk S.F. $ 5.60 350 $ 1,960.00
5 Construct pedestrian curb ramp Ea. $ 445.00 3 $ 1,335.00
6 Install truncated domes S.F. $ 35.00 24 $ 840.00
7 Special patch bituminous Ton $ 97.00 65 $ 6,305.00
8 Construct concrete turn lane S.F. $ 7.00 888 $ 6,216.00
9 Replace wires to mast arm and pole #5 L.S. $ 2,848.72 1 $ 2,848.72
TOTAL FOR PROJECT 0802 $ 24,457.72
Funding Source Amount
Infrastructure $6,216.00
Liquor Store $6,682.25
State Aid $11,559.47
5TH STREET AND JEFFERSON STREET - PROJECT 0808
1 Bituminous density incentive L.S. $ 3,058.71 1 $ 3,058.71
TOTAL FOR PROJECT 0808 $ 3,058.71
Funding Source Amount
State Aid $3,058.71
TOTAL FOR CHANGE ORDER 1 $ 83,006.16