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HomeMy WebLinkAboutContract 22832283 NOTICE TO PROCEED Dated Apri19.2010 TO: C.S. MCCROSSAN CONSTRUCTION INC. (CONTRACTOR) ADDRESS: 7865 JEFFERSON HIGHWAY, MAPLE GROVE MN 553 1 1-6240 Contract: 2010 Pedestrian Bridge Replacement at TH 65 and 49th Avenue (Insert name of Contract as it appears in the Contract Documents) Project: Citv Proiect 0906 S.P. 113-050-009 UWNEIZ'S l;UN1KA(;~l' NU. ~~~ You are notified that the Contract Times under the above contract will commence to nzn on April 12, 2010. By that date, you are to start perfot~rriing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement the date of Substantial Completion is October 3, 2010, and the date of readiness for final payment is June 15, 2011. Before you may start any Work at the Site, paragraph 2.OS.C ofthe General Conditions provides that you and Owner must each deliver to the other (with copies to .a...ii~iiiwi uiiu v~ii~.i iut,iiuii~u auuuivuat iiis urGUS) l:ei~t,lllt:ates Ol Insurance Wn1Cn eaCn is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start and Work at the Site, you must (ad+~ oilier rectuireanemts) Kevin Hansen P.E (OWNER) By: ``~ ~fi \ ~ / - ~"(AUTHGRIZED SIGNATURE) Director of Public Works /City Engineer (TITLE) EJCDC 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 C.S. MCCROSSAN CONSTRUCTION INC. (CONTRACTOR). OWNER and CONTRACTOR, 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: 2010 PEDESTRIAN BRIDGE REPLACEMENT AT TII 65 AND 49r~i AVENUE ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only apart is generally described as follows: CITY PROJECT NO.0900 • B DGE 02005 CONS'I'RIICION e MISCELLANEOUS WORK AS SHOWN IN THE PLANS ARTICLE 3 -ENGINEER 3.01 The City of Columbia Heights will contract with a consulting engineering firm (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 4.01 Time of the Essence 18 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 3, 2010, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October 29.201.0. 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, ifCONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. AR'I'~CLE ~ - C'11~`I° ~T PRICE 5.01 OWNER shall pay CONTRACTOR for completion ofthe Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit A. As provided in Paragraph i 1.03 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 PROCEllURES 6.01 Submittal and Processing of Payments 19 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 far 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. q5% of cost of materials and equipment nat incorporated in the Work (with the balance being retainage}. 2. Upon S~fostantial 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 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions 20 shall bear interest at the rate of 6% per annum. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1 }reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 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, information and observations obtained from visits to the Site, reports and drawings 21 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. 22 ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 18 to 25 ,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 00700-1 to 00700-41 ,inclusive). 6. Supplementary Conditions (pages 00700-42 to 00700-50 ,inclusive}. 7. Specifications as listed in the table of contents ofthe Project Manual. 8. Drawings consisting of sheets 1 through 120, inclusive, with each sheet bearing the general title Pedestrian Bridge over Central Ave. (T.H. 65)-Sheet Nos. C1-C23, B1-B88, and L1-L9. 9. Addenda (numbers 1 to 2 ,inclusive}. 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages 11 to 20 ;inclusive). b, Documentation submitted by CONTRACTOR prior to Notice of Award (pages to ,inclusive}. c. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to ,inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.O1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 23 ARTICLE 10 -MISCELLANEOUS 10.01 Ternas 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 vaid 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 domes as close as possible to expressing the intention, of the stricken provision. 10.05 C)ther Provisions (if applicable). 24 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. or on their behalf. This Agreement will be effective on '~ ~)Z~Zot p , 2010 (which is the Effective Date of the Agreement). CONTRACTOR: ~ ~ ii f~~ By: Attest: ~~,. Title: ~J~~~E~Q . Address for giving r3otices: S~ D r-t y~"-~--v ~ w ~. -~.... Title: ~s' ~~~: ~ ~- y~~ lE-°:,~^~~'_ [CORPORATE SEAL] ~-,-_ ~-~' , ~"~' Attest: ~ e ,, Title: ex' .~~ -~ t °:. Address for giving notices: ~.._ ~ , t l.%() t ww,~~s: cam-- l`C`~: 1~-~'s ~ -'1. ~ S~ 2B ~., (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: ~~i V1 I`Ct~ ~'1~P_..r-~ Title: ~EY~~.-~-oY" a-~ ~F~~'~ i~ ~bv'[~-S LECense No. ~" ~_ (Where applicable) Agent f®r service a#' process: (If CONTRACTOR is a corporation ar a partnership, attach evidence of authority to sign.) Designated Representative: Name: ' Title: t n ,, ~ :..~, ,X c~ ~. ,~~ Address: '~ ~~ t;, `:~ , __ _ - - ~ Phone: ~~ '-``3~° "~1~. Facsimile: "~, ~ ~ ~-{<~, ° c,;; °~,C' 25 PE d AI`~CE C3N Any singular reference to Contractar, Surety, Owner or other party shat] be considered plural where applicable. CONTRACTOR (Name and Address): C.S. McCrossan Construction, Inc. 7865 3efferson Highway ~?~~~~ am~'an~ddr~s~s}~.11-6240 Czty o Co umbia Heights 637 38th Avenue NE Columbia Heights, MN 55421-3806 CONTRACT Date: Amount: $2,035,167.55 Description (Name and Location): City Project No. 0906 SURETY (Name and Address of Principal Place of Business}: Travelers Casualty and Surety Company of America Qne Tower Square, Hartford, CT 06183 Bridge 02005 Construction, Pedestrian Bridge Replacement at TH 65 and 49th Avenue BOND Bond Number: 105315108 Date (Not earlier than Contract Date}: Amount: $2, 035,167.55 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. CO1~rTRACTOR AS PRINCIPAL SURETY CompanyC~S.~~McCrossan~Con~truction, Inc. Travelers Casualty and Surety Company of America Signature: ~ `'~-~~~~ `-~-''~t''~''~~eal) (Seal} Nam and T'I,t~ Surety's Name d Corporate Sea ,~ane P'ICCrOSSan, j7ice President ~ ,,,~ ,,r~ a By: Signa e and Title lsaurie 1B.ag, Attorney-in-feet (Attach Power of Attorney} (Space is provided below for signatures of additional ~ parties, if required.} Attest: `-t' ? (r~~" Signature and Title'' ill T3 ® Swanson, Attorney-in-fact CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal} Name and Title: Surety's Name & Corporate Seal By: Signature and Title (Attach Power of Attorney} Attest: Signature and Title: 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. 00610-I 1. The Contractor and the Surety, jointly and severely, bind themselves, their heirs, executors, administrators, successors and assigns to 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 under this Bond, except to participate in conferences as provided in Paragraph 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 addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than IS 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 Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 Owner has declazed a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3 Owner has agreed to pay the Balance of the Contract Price to: f . Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 [o perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1 Arrange far 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 Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with perforznance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, anti pay to Owner the a-nount of damages as describedsn Paragraph 6sn excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default: or 4.4 Waive its right to perfomt and comp?etc, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefore to Owner, or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond I S days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 123 Contractor Default: Failure of the 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 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 iai2lis of Minnesota, Inc . Surety Agency or Broker 1600 IItica Ave. S. , Minneapolis, MN 55416 Owner's Representative (engineer, or other party) 763 302-7100 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 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, Surety is obligated without duplication for: 6.1 The responsibilities of Contractor foe correction of defective Work and completion of the Contract; 6.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of 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 Owner or its heirs, executors, administrators, or successors. 8. 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 tsvo years after Contractor Default or within two years after 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 minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the _~.I _...,., ..L ,....... ,. •M.. .. auwwn auvwu vn u~t. ~ignat'ure page. 1 I. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Band shall be construed as a Statutory bond ar~d not as common la:v bond. 12. Definitions: 12.I Balance of the Contract Price: The fatal amount payable by Owner to Contractor under the Contract after ail 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 ail 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. 0661Q-2 PAYMEN`T' T3(~NT3 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address}: SURETY (Name and Address of Principal Place of Business}: C_S. McCrossan Construction, Inc. Travelers Casualty and Surety Company of America 7865 Jefferson Highway One Tawer Square, Hartford, CT 06183 Minneappolis, MN 55311-6240 OWNEK (Name and Address}: City of Columbia Heights 637 38th Avenue NE Columbia Heights, MIS 55421-3806 CONTRACT Date: Amount: $2,035,167.55 Description (Name and Location.}; City Project No. 0906 Bridge 02005 Construction, Pedestrian Bridge REplacement at TH 65 and 49th Avenue BOND Bond Number: 105315108 Date (Nat earlier than Contract Date}: Amount: $2,035,167.55 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed. an the reverse side hereof, do each cause this Payment bond to be duly executed on its behalf by its authorized officer, agent, ar representative. CONTRACTOR AS PRINCIPAL SURETY (' C Mrt'rnccan ['nnct-rssrti nn _ Tnr Company: ... --. __~.._..~~---,_.~_~~___~__~ --__ ~""g- Travelers Casualty and Surety Comp n~ of America Signature: t ~ (Seal} ~ ) Name and Tine' ane McCr san, Vice Pre~!id~-qty's Name and Corporate e 1: ~ . - .~ By: ~ .,. Signature and Title Laurie Pflug, Attorney-in-fact (Attach Power of Attorney} (Space is provided belaw for signatures of additional parties, if required.} CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title; (Seal) E Attest: R ~ Oa" ___ __ Signaturee n itle JiIZ N Swanson, Attorney-in-fact ~._. SURETY Surety's Name and Carporate Seal Seal} Bv: Signature and Title (Attach Power of Attorney} Attest: Signature and Title EJCDC No. C-6I5 (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, the American Subcontractors Association, and the Associated Specialty Contractors. OOCsIS-1 L Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for labor, materials and equipment furnished by Claimants 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 furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any 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 Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until 4.1 Claimants who aze employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph I2) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: I Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 9Q days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the parry to whom the materials or equipment were fumished or supplied, or for whom the lahnr was done nr nerfnrmed; and 2. Nave either received a rejection in whole or in part from Contractor, or not received within 34 days of fumishing the above notice any communication from Contractor by which Contractor has indicated the claim will be paid directly ar 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. S. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are u,-.,disputed and the basis far challenging any amounts that are disputed. 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. $. 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 fumishing 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 Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shalt not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. The 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 I. 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 Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the fast tabor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of [his paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shat( be applicable. 12. Notice to Surety, Owner or Contractor shall be mailed ar delivered to the addresses 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 statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory reouirement shall he deemed incoroorated herein. The intent is that this Bond shalt be construed as a statutory bond and not as a common law bond. 14. Upon request; of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly famish a copy of this Bond or shall pem~it a copy to be made. I5. DEFINITIONS: I5.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-€ier subcontractor of Contractor, to famish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be tc include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor'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 ~Tillis of Minnesota, Inc. Surety Agency or Broker: 16x0 IItica Ave. S. , Owner's Representative (engineer or other party): Minneapolis, Mtn 55416 zb.~ Paz-z~a~ b0615-2 ~- ~ ~ e STATE OF Minnesota ) ss COUNTY OF Hennepin ) On this day of , 2010 ,before me personally appeared Jane McCrossan to me known, who being by me duly sworn, did say that she is the Vice President of the C.S. McCrossan Construction, inc. corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation; that the sea( is affixed to said instrument is such corporate leaf; that it was so affixed by order of the Board of Directors of said corporation; and that she signed her name thereto by like order. ,~ F Mary ~~G1i- s,A -~ Notary Public Signature ``-~~~ ~~ +.: (Notary Seal) STATE OF Minnesota COUNTY OF ~iennepin ~ ss ) On this day of Laurie Pflug 2010 ,before me appeared to be known, who being by me duly sworn did say that she is the aforesaid Attorney-in-Fact of the Tra~eiers Casualty and Surety Company of America a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and seated on behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. " _ ~ No ary Public S' atu~`e - --~ (Notary Seal) WARNING: THIS POWER OF AT iORNEY IS INVALID WITHOUT THE REG ovnucn Pt~`m~Eit Gra+ A~'TORNE~' Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America 5t. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. ~?()?56 Certificate No. ® G (} ,~„ KNOW ALL MEN BY THESE PRESENTS: That St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of tl3e State of Minnesota. that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "`Companies"),and that the Companies do hereby make, constitute and appoint B. L. I~e11~Tr, ~}ennis G. Loots, Jill N. Swanson, Laurie Pfla~, Nina E. Werstein, Jennifer i~tiller, Brian D. Carpenter, Barbara L. Raede'.~~. Denise tR~ishc«p, Nicole Tamble, and Teresa Hammers of the City of R/finneannlis ,State ol_______ ._"±/Siitt~esottt _ _ ,their true and lawful Attorney(s1-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts <md executing or guaranteeing bands and undertakings required or permitted in any actions or proceedings allowed fly law. IN WITNESS WHEREOF, the Companies have caused this instrument to be sieved and their coroorate seals to be hereto affixed. this clay of 3ttly ~ ?(}CI8 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance LJnderwvr•iters,lnc.. St. Pau! Fire and Marine Insurance Company St. Paul Guardian Insurance Conrgany ?5th St. Paul Mercury Insurance Company 'I'raveters Casualty and Surety Company TrR3e'c~lers C_"asnalty and Surety ('o®npar~y csf Am!=r®ra United States Fidelity and Guaranty Company ~,A SU,g ~t\RE~P4~BW,,.o ~` A y"y NSU ~`" tY RN Etta tr ~`~„ ~ ~ a.._.., a.., o-t a ~ssuafr ~~yS1Yq,~rj ~' OP'P~fV} d j~a ,. ....... > ,e+'~J,_ Aq,`, 9 '4'L .y{t y[C~ •C ~ H` O ~ Nx fY.LakYURq PA'S ?4: ~'~- 4 9 yH C 5 6 c~ • ~.rt}tttm ~' m~ Pie :me sb: ~pWPOP.prf i•, ti 'a ~ ~ tssz o ~ 1977 - _ s -g; ___ s a• s ~' ... ~ s n : HARTFOR6, < F HRRTFOt~. `yy`~~ab '~ ~g~ 1951 '~~ off` ~'~SEAL,~o 3~a:SE~L~ae ;, r° 4~1„ `~ 1888 by a ~'~ J~ t~` ry~~4~ir~iG"fR to C.E C t~.... X81 ~6.~...... ~d bb ,bp d "• .~.yS .(' w • :.; A~ "a.s,. ` ''a X3'1 At19 Slate of CrnlnecticuC City of Hartford ss. By: Georg Thompson, enior ice President On this the ?Sttg da of July ?OOh ,before me crsonall i eared George W. Thom son, who acknowledged Y P'- Y~PP g P b himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty [nsurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, 5t. Paul Gua<-diatt Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein cont<uned by signing on behalf of the corporations by himself as a duly authorized officer. c•~~` In Witness Whereof, l hereunto set my hand and official seal. ~ W w~ ~ '`.J~~~~- uK~~'^~\ My Commission expires the 30th day of June, 20'I I. * pi~* Marll' C. Tetreault. Notary Public WARNING: THIS POWER OF ATTOHNCr I5 W VAUU Wi I Hw i i HC HtU tsuNUtn This Power of Attorney is granted under and by the authority of the fallowing resolutions adapted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Campany, Travelers Casuahy and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Campany, provided that each such delegation is in writing and a copy thereof is Filed in the office of the Secretary; and iC is FURTHER RESOLVED, that any band, recognizance, contract of indemnity, or writing obligatary in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when 1 a} signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one ar mare Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of autharity or by one or more Compamy officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Seniar Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney ar to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds tmd undertakings quid other writings obligatory in the natture thereof`, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and. binding upon the Company and any such pawer so executed and certified by such facsimile signature and faesitnile seal shall be valid and binding c?n the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., SL Paul Fire and Manne~ Insurance Campany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualry and Surety Company. Travelers Casualty and Surety Company of America, and Unitecl'States Fidelit3r and Guaranty Campany do hereby certify thaC the. above and forego~~tE~ is a true and correct copy of the Power of Attorney executed by said Companies,. which is in full farce and effect and has not been revoked. EN 'I'ES'1'1MONY WHEREOr', l have hereunto set my hand and affixed the seals of sud Companies this day of , 20 _ I{ori ^S. Johans< .Assistant Secretary PSU F`u„,E+n~~~4 wm. a~TY AN us Y G her. f~P. .... _S~,`4 "j SksUq"'*.. 4 534 ~wn.Fr `rte "~J <.C~ RY' 9. t, a," :' w ~ a~'~~~b ~ ~ +~~~`~ WCtutPORATE6 ~P J '9~ Qa. Rp~R ', y'S. t~°~~~ ..._~~~fyo,: PV sG$ ~~" ~~ ~4 ~~'~ mY's ~f F:m iWrpORPORATE.M; Z 1 9 8 2 O '~ ~~ ~'^ ~ ~ ¢ € Z , n ~ w HARTFORD, HARTF6R{k ~ 1 ~ ~ ~ ~' SF. A ~ • : ~ o F C6NN. ~ GOFlN. $ in 896 ~y,`~cM'" ab ~~p ?'~%s c~°€.~= mod., L:Zo: a6;SE~.~%A - ;~ ~o ,~$ O, ~ `s . re" i Yx° 'xou['~wn nc~a~ a......... ;fib .: ~ .n 's .n ,~~ar' $° 'r! ~,~(~ 1S>; AH ~ 'i°1S .... -*~ y F~ ~ y°i Mqy AHy3~ • ,,,,~„~ , .. ...r '~.. +.,. To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Contractor's Business Name: Address: Phone No: Fax No: .o. C.S. McCrossan Construction Inc. 7865 Jefferson Highway, Box 1240 Maple Grove, MN 55311 763-425-4167 763-425-0520 BID FORM PROJECT IDENTIFICATION: 2010 PEDESTRIAN BRIDGE REPLACEMENT AT TH 65 AND 49TH AVENUE CITY PROJECT N0.0906 (S.A.P. 113-050-009) BIDS TO BE OPENED: 1:00 P.M. -Thursday, January 21, 2010 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 - 38TH AVENUE NE COLUMBIA HEIGHTS, MN 55421 The undersigned BIRDER proposes ar~d agrees, if this Bid is accepted, to eater into an agreement with OWNER on the form included in the Contract Documents to perform and furnish all Wark as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. 11 (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number 1/14/2010 1 1/19/2010 (b) BIDDER has familiarized itself with. the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and regulations that in any mariner may affect cost, progress, performance or furnishing of Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 & 4.03 of the General Conditions, and accepts the determination set forth in Paragraph S.C. 4.02 & 4.03 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studvin~l all such examinatinn~ 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 fi~rnishing of the ~,~1ork as BIDDER considers necessary yr the performance of fui-~Zishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 12 (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itselfany advantage over any other BIDDER or over OWNER. (i) Any other representation as required by Laws and Regulations. 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING IJI~~IT PRICE(S): (See following 3 pages.) Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual quantities. 13 BID PROPOSAL FORM - CITY OF COLUMBIA HEIGHTS 2010 PEDESTRIAN BRIDGE REPLACEMENT AT TH 65 and 49th AVENUE S.A.P. 113-010-015 CITY PROJECT NUMBER 0906 Na. Item 1 VIBRATION MONITORING 2 MOBILIZATION 3 PEDESTRIAN BRIDGE (SUPERSTRUCTURE) 4 CLEARING 5 GRUBBING 6 PAVEMENT MARKING REMOVAL 7 REMOVE SEWER PIPE (SANITARY) $ REMOVE CURB AND GUTTER 9 REMOVE SIDEWALK 10 REMOVE BITUMINOUS PAVEMENT I 1 REMOVE CONCRETE MEDL4N 12 REMOVE GUARDRAIL POST 13 SAWING BITUMINOUS PAVEMENT 14 SALVAGE SIGN 15 REMOVE REGULATED WASTE MATERIAL (BRIDGE} 16 RELOCATE STREET LIGHT 17 SELECT GR.ANi.JL,AR BORROW MOD 10% (CV} 18 STREET SWEEPER (WITH PICKUP BROOM} 19 TYPE SP 12.5 WEAR CRS MIX(4,E) 20 TYPE SP 12.5 WEAR CRS MDC(3,C) 21 STRUCTURAL CONCRETE (3Y33) 22 STRUCTLJRAI, CONCRETE (1A43} 23 STRUC'I'CTR-A.L, CONCRETE (3Y43) 24 REIN-FOKCEM-ENT BARS 25 REINFORCEMENT BARS (EPOXY COATED) 26 STRUCTURE EXCAVATION 27 RELOCATE BENCH 28 C)R~ArAIvIEN T AL rviETAI, RATiLIPvTG (TYPE 1 } 29 ORNt1MENTAL METAL RAILING (TYPE 2} 30 ORNAMENTAL METAL RAILING (TYPE 3) 31 ELASTOMERIC BEARING PAD TYPE 1 32 EXPANSION JOINT DEVICES TYPE 4.0" 33 ARCHITECTURAL CONCRETE TEXTURE (ASHLAR STC 34 ARCHIT'ECT'URAL SURFACE FINISH (M[JLTI COLOR) 35 ANTI-GR..4~FITi COATING 36 REMOVE EXISTING BRIDGE 37 AGGREGATE BACKFILL (CV) 38 C-I-P CONCRETE PILING DELIVERED 12" 39 C-I-P CONCRETE PILING DRIVEN 12" 40 C-I-P CONC TEST PILES 65' LONG 12" 41 C-I-P CONC TEST PILES 85' LONG 12" Unit uanti Unit Price Amount LUMP SUM 1 ~-/` S~ •~ 'a7,Sct> .cam LUMP SUM 1 ?ta~,EX:E'~.cX3 /~E,, E~:~-s,~`;~ LUMP SUM 1 i$vZ~.c~ f~5~,~~,.~ TREE 3 ~c.c~ . cam., cic~., , TREE 3 ~~ c~ ~,~, «.~ LIN. FT. 193 / ~~~ ~,~ ~~ LIN. FT. 82 ~~ ;~~ /~.g~.~, LIN. FT. 330 -~~,~ `-i9~ ~ SQ. FT. 3133 ~ 4~t~ ~~3: SQ. FT. 2840 ~.(.sC~ ~~7a`~,~ SQ. FT. 2012 !j .c~-G•, ~ ©C.~fc~;C~ EACH 40 ~~ :~ ~~.~~ LIN. FT. 200 ~ : ~,~ /~~~,~ EACH 8 e.~~ : pn ~°~ ~~ LUMP SUIvi I ~~ ~It:.1s~ EACH 2 ~L~ye:e~~--~ °~,~tj,C:~ CU. YD. 454 3~ ~, f~,(.~~ HOUR 70 /~e,.r,~; ~,i,.~UE3.e~ TON 10 ~~ ~ E.'t:~ ~s ~ TON 42 i ~,~ ~ 4 CU. YD. 438 ,~"]'S,~ ;~"i,53Sc,-.c.~: CU. YD. 376 ~Sa.eO I(c4~,~-x3.EX~ CU. YD. 333 G~ISaG>L~ ~f~,`7~5: POUND 78640 d ``ice 7G 4-~-~~- ~; POUND 1597$0 ~ e ~, lS~f -! ~ LUMP SUM 1 (7, e/~c',.t~ l ~7,G;.~ ~. EACH 1 ~~. t~ /~ ~, LIN. FT. 1333 i~~~~ ~~l.~Ff~fG.t`_'.~'.~ LIN. FT. 32 ' ~TCy mac, ~ ~~ ~ f~3 LIN. FT. 192 C~L p~ ~ , L:e:9 t ~~ EACH 12 ;~c}~'j~, ,~ ~~~ Cam LIN. FT. 73 1~~,~ ~/~Jr~'~~j SQ. FT. 3344 1~. So ~( ~ SQ. FT. 3344 3~ ~©: ~~~ ~~ SQ. FT'. 3344 c> , ~,S 7I (~~ ~•:v LUMP SUM 1 ~ I, Sav , ~ aL t , S~v , ou CU. YD. 334 3~-.~c~ f 1. j~~:f~ LIN. FT. 4280 33 <~ 1~1,~,~40 t~ LIN. FT. 4280 ~ ~~ ~~b .[la EACH 4 3,,~Cp.oO )~{ ~'~Q .E~3 EACH 1 ~f~~c-> cam, ;3~ 1~,~,. ey~a, 13a 42 C-I-P CONC TEST PILES 95' LONG 12" 43 DRAINAGE SYSTEM (B910) 44 24" RC PIPE SEWER CLASS V 45 I2" PVC PIPE SEWER 46 24" DUCTILE IRON PIPE SEWER 47 SANITARY MANHOLE 48 CONSTRUCT DRAINAGE STRUC"I`IJR.E DESIGN F 49 CASTING ASSEMBLY 50 CONNECT INTO EXISTING MANHOLE 51 CONCRETE SLOPE PAVING 52 SIDEWALK 53 CONCRETE CURB & GUTTER DESIGN B612 54 CONCRETE CURB & GUTTER DESIGN B624 55 CONCRETE MEDIAN 56 PEDESTRIAN CURB RAMP 57 PORTABLE PRECAST CONC BARRIER DES 8337 58 CONDUIT SYSTEM (RAILING LIGHTING) 59 CONDUIT SYSTEM (HELIX LIGHTING} 60 CONDUIT SYSTEM (SWITCHBACK LIGHTING} 61 CONDUIT SYSTEM (ARCH LIGHTING} 62 CONDUIT SYSTEM (FU'I`I.7R.E) 63 LIGII'I'TNG UNIT TYPE SPECIAL 1 64 LIGII`I'IIVG UNIT TYPE SPECIAL 2 65 LIGIITTNG UNIT TYPE SPECIAL 3 66 L'1G'Yi111VG UNIT 1 YYE SPECIAL 4 67 LIGHTING UNIT TYPE SPECIAL 5 68 0.75°' RIGID STEEL CONDUIT 69 2" RIGID STEEL CONDUIT 70 2" NON-Pr1ETAI.LIC CONDUTIT 71 2" NON-METALLIC CONDUIT (DIRECTIONAL BORE} 72 3°' NON-METALLIC CONDUIT 73 UNDERGROUND WIRE 1 COND NO 2 74 iJNDERGR0IIND WIRE i COND NO 6 75 UNDERGROUND WIRE 1 COND NO 8 76 UNDERGROUND WIRE 1 COND NO 10 77 UNDERGROUND WIRE 1 COND NO 12 78 SERVICE CABINET SECONDARY TYPE L1 (MOD) 79 EQUIPMENT PAD 80 HANDHOLE 81 IMPACT ATTENUATOR BARRELS 82 'T'RAFFIC CONTROL 83 MEDIAN BARRIER DELINEATOR 84 INSTALL SIGN 85 PEDESTRIAN PUSH BUTTON AND SIGN 86 DECIDUOUS TREE 2.5" CAL B&B 87 TEMPORARY FENCE 88 EROSION CONTROL SUPERVISOR EACH i ~ ~vp ~ 1.~ ~ ~ LUMP SUM I ~.~ €x~ ~µ~~,-,.~ LIN. FT. 93 `70.~ Ga,SiG.p~ LIN. FT. 82 ~~ ~ Gam; Sao . t~ LIN. FT. 82 i 1©, c5U 9 ~ f3r~o , EACH 2 ~ 7 ~®.e~ `7, t,~~ E~Cy EACH 3 ~ 1 t~.~ c~' ~~,cx'a ~, EACH 5 `~~j , ~ ~.'75u . p4 s EACH 1 y~.~ ~ ~C~ EYE SQ. YD. 111 ct~ 4~c~C.~.C SQ. FT. 3648 ~,~G ~~,P~c53„~[~ LIN. FT. 100 ~ ~~, ~ -~ ~~, , ~ LIN. FT. 110 ~E, .per a~,~~. SQ. YD. 224 3,t~9 /o7v2.C~ EACH 2 ~~ ~ ~~ ~ LIN. FT. 306 I~.r~ z.~~p ~ LL7MP SUM I ~,~,~,~ .~, ~., i~ y~=~, ,~; LUMP SUM 1 ~~~,,~;, ~~~,~ LUMP SLIM 1 ;~~cx;s ~ ~3cx'r.t~~ LUMP ST. TM 1 JS~i v . c~c~ f S~§ r~ < c LUMP SUM ] ~3,( ~~.~ o~~~~e7e3.G:{';l EACH 8 ,~~~a,~ ~~.`~~ca. EACH 30 ~~ ~, SCI F .~~c-~ a~ EACH 34 (~, ip ,CX3 ~U ,`7r-(O.Eiu EACIi 4 /~~pe0~ (t>~.~ EACH 6 ~3 ap.eca ,'~,~ o~f3 .~ LIN FT 350 g,~ ~4 c~p ~~ LIN FT 30 ~.~e ~~.~~ LIN FT 105 ~ ~ ~~ c"C~ LIN FT 60 ~ ~~ ,~ 1~3~~ ,~ LIN FT 40 ~ ~ C~ LIN FT 635 ~g l~l.~,~~ L.INFT 840 ~,~~ 1~®i(e~.~t5 LIN FT 3170 ! t~G ~~,~,~ ~ LIN FT 1 I03 Q.°°~~ ~~'~ ems' LIN FT 357 ~ ~~- ,~~, ~' EACH 1 ~c~~p ~, ~~~ ~© ~ EACH 1 °~t~s ,~ _ EACH 2 S a.t> , c+c~ ~ /a 6 , Ems EACH 2 '31q,~~ ~~..o ~~p LUMP SUM 1 ;~7~ ,~ ~~DO . EyC, EACH 8 ~ ,~C3 ~ ~~ EACH 8 (~~2 tEaU /,(,4~ ~C5 EACH i I~ZG.~c, (i7o ®C3 TREE 3 SCx~.~ ~Sc~.ot~ LIN. FT. 770 ;,Z;(U i~ i~,~~ LUMP SUM 1 '7cp ~~a '7~~ . 13b 89 MULCH MATERIAL TYPE 9 CU. YD. 16 ~ ~ ~ ~p ,may 90 TURF ESTABLISIIIv1ENT LUMP SUM 1 ~~.~ -~t~ ~ 91 EROSION CONTROL LUMP SUM 1 ~.e~ ~~.~ 92 4" SOLID LINE YELLOW-PAINT LIN. FT. 165 ~~~c3 ~~ , pC~ TOTAL BID $ ~ f~73~ ~ 1 ~~ ,~ ~i~-1~ V"`~ ~ 1 t oin ~ /J~-tf 4-c~ ° ~: v~ i ';.LS~~ , ~ViSe t~.:~.n~re.~1( ~~X'~c.~ °Jerc~rt Gchc! Total B id Written in Words ~~ ~ ,~~ _ ~~ v ~ ~~;~ ~~ 13c 5. BIDDER agrees that the Work will be completed as follows: CITY PROJECT N0.0906 • BRIDGE N0.02005 CONSTRUCTION • MISCELLANEOUS WORK AS INDICATED IN THE PLANS Final inspection by Septembe 3, 2010 in accordance with Paragraph 14.06 of the General Conditions. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of the BID. (a} A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. (b} The contractor will compiete the Work sequence in accordance with Division 1, Section 4, General Requirements. (c} Affidavit ofNon-Collusion. 7. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. 8. The terms used ir' this B ~ 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: ,~~:~-(c.~r~Y v`~ ~ g 201®. 14 If BIDDER is: AN INDIVIDUAL By Doing Business As Address Telephone No A PARTNERSHIl' By (I+'irm Name} (General Partner} Business Address Telephone No. (Continued on next page.} (Individual's Name) (SEAL} (SEAL} 15 A CORPORATION BY ~-~~ ~ ~ i~C a-~ss ~ ~~r~~ J r..~ ~,.~ r (SE ) (Corporation Name) 1~ r v~~p~~-- (State of Incorporation) By ~ ~2~ (Name of Per -~;uthorized to Sign) \~ I c~ ~~ (Title} ATTEST ~ ~~~5,'z-~ ~~-(..~~ (Secretary) Business Address `7~;~„ )~-~-~~~~ ~ R, , ox ~ 2L}C~ ~~ ~t c ~~,- ~ ~~ ~ r t Telephone No. `7~3~~~ ~ - ~ l ~~' A JOINT VENTIJI2E ~~ ~_.,_~ 0 (Name) C ; -t- ~.. . -- ~ ~- _~._.....~_~w (Address) °' x J .~- ~-~, ___m.. `° ~ f ~ p 5 (Address) Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above. 16 STATE OF ~~,,.~~• COUNTY OF ~n,P.~' AFFIDAVIT OF NON-COLLUSION: (1) That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf (if the BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation. to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. _ BIDDER F ~IlVG BIDS Subscribed and sworn to before me this ;~~ ~~ day of -Jr~-~v~c~{ , 2010. NAME t Il <~ ~n° si ~,~ t~tii ~" OFFICIAL TITLE 17 ATTACHIVIEN'r CM 32-34 March 26, 1969 T`HE. FOLLOWING CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS,CONTRACTS OR SUBCONTR.A.CTS SUB3ECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS SHALL BE EXECUTED BY THE BIDDER. The bidder hereby certifies the he/she has _~, has not ,participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114 or 11246, and that he/she has / ,has not ,filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Qpportunity, all reports due under the applicable filing requirements. (Comparry~ By: v ~u~ ~ l C~~'~'j'7~" ('1'itleJ Date, _ raj 1~1ote: The above certification is required by the Equal Employment Opportunity Regulations ofthe Secretary of Labor (41 CFR 0-1..7{b}{1}}, and must be submitted by bidders and proposed. subcontractors only in connection with contracts and subcontracts which are exempt from the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b}(1} prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 18 rroN-coLLUS~oN AFFmAVrr The following Non-Collusion Affidavit shall be executed by the bidder: State Project No. Federal Project No. State of Minnesota ss County of )~~y~~;~ } I, Jcx,v~D_ ~~ ~.~~~,,r , do state under penalty of (name of parson signing this affidavit} perjury under 28 U.S.C. 1746 of the laws of the United States: (I } that I am the authorized. representative of (name of person, partnership or corporation this proposal} and that I have the authority to make this affidavit for and on behalf of said bidder; (2} that, in connection with this proposal, the said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding; (3} that, to the best of my Jknowledge and belief; the contents of this praposal have not been cotnmunscated by the bidder or by any of his/her employees or agents to any persan who is nat an employee or agent of the bidder or of the surety on any bond furnished with the proposal and will not be communicated to any person who is not an employee or agent of the bidder or of said surety prior to the off ciat opening of the praposal, and (4} that I have fully informed myself regarding the accuracy of the statements made in this affidavit. f Signed: (/~~~~a'~~'C.- (b d oi-his authorized sentative) 19 Foan 21126D {Rev. 2-40) State Froject No. 1 I3-010-015 GRAND TOTAL $ ~ , ~~~, ~ ~~. S~ PROPOSAL GUA,f;.AN7'y required by 1208 of the Specifications: "A {certified check) (bond), prepared as required by 1208 of the Specifications and payable to the Columbia Heights City Treasurer, in an amount equal to at least 5% of the total amount of the bid is submitted herewith as a proposal guaranty. DISADVANTAGED BUSINESS ENTERPRLSE CERTIFICATION: Our firm will meet a minimum goal of ~% of this contract to Disadvantaged Business Enterprises. A bidder who fails to indicate a specific goal above must fulfill the total goals indicated in this proposal. NON-COLLUSION AFFIDAVIT: ANon-Collusion Affidavit is found in this proposal which must be signed by each bidder. RECEIPT OF ADDENDA as re ud fired by 1210 of the Specifications: The undersigned hereby acknowledges receipt of and has considered: Addendum No. ~_. Dated i ~ 1 ~ ~ ~ ~ e~ Addendum No. Dated Addendum. No. :3~ DDjated 1 1`1 ~ ~ c v Addendum No. Dated Signed ~/ ~4, EXECUTION OF PROPOSAL as re wired by 1206 of the Specifications• This proposal dated the ~ day of ~ ~~~~~~~~~„~_ 20 1Q U Signed: , P.O. Address Signed: P.O. Address doing business under tlae Warne and style of Signed: ,for NAME BUSINESS ADDRESS as an individual. as au individual. a partnership. ~~,~,'-~- a ^ Signed: for ('__S,_ r~,~n,sr~,.(_ (~p~~~,~~~,,n acorporation, incozporated under the laws of the State of Minnesota Name of President Name of Vice-President Name of Secretary Name of Treasurer Business Address Business Address Business Address Business Address (NOTE: Signatures shall comply with 1206 of the Specifications.) 20 ~ ~ ~ p ~ ' ' f 2 1 DATE (MM/DD/YYYY) 04/07/2010 ~ ~ Page 1 o i PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOLDER willia of Minnesota, Inc. 26 Century Blvd. . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372 30-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED C.S. McCrossan, Inc. INSURERA: Arch Insurance Com an 11150-001 7865 Jefferson Highway INSURER B: The Insurance Company of the State of Pen 19429-000 PO Box 1240 Maple Grove, MN 55311-6240 INSURERC: __ INSURER D: I INSURER E: !`f1VFR6(:FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDlYYYY POLICY EXPIRATION DATE MM/DDIYYYY LIMITS p, GENERAL LIABILITY 51PKG2272002 12/1/2009 12/1/2010 EACH OCCURRENCE 5 I OOO OOO $ COMMERCIAL GENERAL LIABILITY PR MISESOEa occurence $ 3 O O , 0 0 O CLAIMS MADE ~ OCCUR MED EXP (Any one person} $ 5 O O O X In.C lu deS XCU PERSONAL&ADV INJURY $ ]- OOO, OOO _ GENERALAGGREGATE $ 2 OOQ OOO GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2 OOO OOO POLICY X JECT r LOC A ( AU TOMOBILE LIABILITY 51PKG2272O02 12 jl/2009 12/1/2010 COMBINEDSIPtGLELIMIT ANY AUTO 1 (Ea accident} $ 1, OOO, OOO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident} $ GARAGE LIABILITY AUTO ONLY-EA kCCiDElJT ~ $ ANY AUTO OTHER THAN EA i AUTO ONLY: AGG $_ B EXCESS/UMBRELLALiABILITY BE023649457 12/1/2009 12/1/2010 EACN OCCURRENCE l$ 1, aoa 000 X OCCUR ~ CLAIMS MADE , _ _ AGGREGATE $ _ 1 , O O O , O Q Q _ __ ~ $ DEDUCTIBLE $ -- I ( --~--...---------- - ( ._--- $ I ~ RETEPWTICP. A WORKERS COMPENSATION AOS S1WCI2271902 12/1/2009 12/1/2010 X TORYRY LIMITS °ER ( _ kND EMPLOYERS'LIABILFTY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE( i E.L. EACH ACCIDENT $ __ SOO, OOO ~ OFRCER/MEMBER EXCLUDED? LL (Mandatoryin NH) E.L. DISEASE-EA EMPLOYEE $ 5OO OOO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 5 O O O O O OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BYENDORSEMENT /SPECIAL PROVISIONS Re: Gateway Pedestrian Bridge on 49th Ave/TH 65 - City Project #0906 It is here by agreed that The City of Columbia Heights, their officers, directors, partners, employees, agents consultants and subcontractors are included as Additional Insured under the General Liability, Auto Liability and Umbrella policies, when required by written contract, agreement or permit, executed prior to a loss. This insurance is primary and non-contributory I.CK I It14F41 C t'IVLIJCK ~+~'+rr~~-~-r-n ~ r~+~~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City Of COltl7Iibla Heights REPRESENTATIV 5. 637 - 38th Ave NE AUTHO D E ESENTATIVE Columbia Heights, MN 55421-3806 A rnon ~~ r~nncsrnay r„'I T•~ a a~~ n~ mn i• ~ n n 9 F 4 ~ c~Pri-_ ~ 4 R d 4 5 9 Cc)198&- 009 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marKs of ACORD Page 2 of 2 'M~®RT~NT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DfSCLAfMER This Certificate of insurance 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. ACORD25(2009l01} Co11:2982102 Tp1:1009692 Cert:14080459 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED !N CONSTRUCTION AGREEMENT WITH YOU -COMPLETED OPERATIONS - PRIMARY AND NON®GONTRIE3UTORY ENDORSEMENT This endorsement modifies insurance provided under the following: Section II -Who is an Insured is amended to include as an insured any person or organization for wham you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of: i} "your work" at the location designated; or ii} the "products-completed operations hazard." Coverage afforded to these additional insured parties will be primary to, and non- contributory with, any other insurance available to that person or organization. All other terms and conditions of this Policy remain unchanged. Policy Number: 51 PKG2272002 Named Insured: C.S. McCrossan, Inc. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective date: 12/1/2009 ~ ~~ v- 00 ML0019 00 08 06 Page 1 of 1