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HomeMy WebLinkAboutContract 2302EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE 2302 THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA (OWNER) and ELLINGSON DRAINAGE, INC. (CONTRACTOR). OWNER and CONTRACTOR, hereby 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 TRUNK SANITARY SEWER PIPE BURSTING ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CITY PROJECT N®. a~l~ PIPE BURSTING • SANITARY SEWER BYPASS • CONNECT SERVICES • REMOVE AND REPLACE AS SPECIFIED • RESTORATION 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 4.01 Time of the Essence IS 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 30, 2010, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October 31.2010. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence as stated in Paragraph 4.01 above 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 above 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, CON1'RAC 1 OR shall pay OWNER $250.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. In addition, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages far delay (but not as a penalty},CONTRACTOR shall pay O ER $250.00 for each day that expires after the following milestones: N/A ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR far 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. 19 ARTICLE 6 -PAYMENT PROCEDURES 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 theirs, there will be no additional re~~rnage; 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. 20 ARTICLE 7 -INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate stipulated in Minnesota Statute 161.322. 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, ifany, at the Site which has been identified in the Supplementary Conditions as provided ire Paragraph 4.06 of the General Conditions. E. CONT CTOR 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 canstruction 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. 21 H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. 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 1 to 2 ,inclusive). 3. Payment Bond (pages 1 to 2 ,inclusive). 4. Other Bonds (pages to ,inclusive). 5. General Conditions (pages 00700-0 to 00700-40 ,inclusive). 6. Supplementary Conditions (pages 00800-41 to 00800-49 ,inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of a cover sheet and sheets numbered 1-9, inclusive, with each sheet bearing Columbia Heights, Minnesota. 9. Addenda (numbers 1 to 1 ,inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR'S Bid (pages 10 to 17 ,inclusive). b. Documentatian submitted by CONTRACTOR prior to Notice of Award (pages to ,inclusive). c. 11. The fallowing 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 00640-1 to 00640-1 ,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. ARTICLE 10 -MISCELLANEOUS 23 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 part;T 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 became 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 I,aw 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). 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 ~ , t~ , 2010 (which is the Effective Date of the Agreement). nwrrFU [CORPORATE SEAL) (If OWI4TER is a corporation, attach evidence of autharity to sign. If O WNER is a public body, attach evidence of autharity to sign and resolution or other documents authorizing execution of O ER-CONTRACTOR Agreement). Designated Representative: Name:_ Title: Address:_ Phone:_ Facsimile: [CORr~RATE SEAL] Address for giving notices: C~ l t t . `.:~`~ ~-J:--t 5`C~ License No. (Where applicable} Agent far service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: ~~ ~ - l 6 ~~ Title: ~ ~. ~'} Address: Phone: .~ a~"" c ~`~' Facsimile: C~ ~ ' ~ - ~ 25 CONTRACTOR: PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Ellingson Drainage, Inc. 56113 State Hwy 56 West Concord, MN 55985 OWNER (Name and Address}: City of Columbia Heights 590 40th Ave. Columbia Heights, MN 55421 CONTRACT Effective Date of Agreement: Amount: $398,616.50 Description (Name arzd Location): BOND Bond Number: 2109340 SURETY (Nance, and Address of Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 June 7, 2010 Three Hundred Ninety Eight Thousand Six Hundred Sixteen Dollars and 50/100 2010 Trunk Sanitary Sewer Pipe Bursting, City Project No. 0813 Date (Not earlier than Effective Date of Agreement): June 7, 2010 Amount: $398,616.50 Three Hundred Ninety Eight Thousand Six Hundred Sixteen Dollars and 50/100 Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Ellingson Drainage, Inc... (Seal) North American Specialty Insurance Company (Seal) Contractor's Nan~~ and rpo e Seal Surety's Name~and Corporate `Seat By: ~ ` _ ~~ By: S' ° ur ~~ . r ~_,~--~ Print Name - ~~, Signature (A-tiaeh Power of Attorney) f Brian J. Oestreich Print Name Attornev-in-Fact Title . ~ ~ , ,~ r~ Signature ~. Sandra M. Doze Surety Account Rep Title Note: Provide execution by additional parties, such as joint venta~r•ers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 1 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 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 1S 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 2.2 Owner has declared 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 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety In accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 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 O`vner and 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 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 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 may be liable to Owner and, as soon as practicable after the amount is deternined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed. as provided in Paragraph 3 with reasonable pramptness, Surety shall be deemed to be in default on this Bond 15 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 3.4, 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. 5. A$er Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 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 the Iimit 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: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety tinder Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance ornon-performance of Contractor. 6. 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, adaninistrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. 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 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. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. 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 Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 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. 112 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 1.1.4 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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY - (Nntne, Address and Telephone)Cobb Strecker Dunphy & Zimmermann, Inc. Surety Agency or Broker: 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 612-349-2400 Owner's Representative (Engineer or outer party}: City of Columbia Heights Engineering Dept., Columbia Heights, MN EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Ellingson Drainage, Inc. 56113 State Hwy 56 West Concord, MN 55985 OWNER (NaiTZe aiad Address): City of Columbia Heights 590 40th Ave. Columbia Heights, MN 55421 CONTRACT SURETY (Name, aj~zd ~1ddi•ess of Principal Place of Birsirtess): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 Effective Date of Agreement: June 7; 2010 Amount: $398,616.50 Three Hundred Ninety Eight Thousand Six Hundred Sixteen Dollars and 50/100 Description (Name afad Location):2010 Trunk Sanitary Sewer Pipe Bursting, City Project No. 0813 BOND Bond Number: 2109340 Date (Not earlier than Effective Date of Agreement): June 7, 2010 Amount: $398,616.50 Three Hundred Ninety Eight Thousand Six Hundred Sixteen Dollars and 50/100 Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Note; Provide execution by additional parties, s~.~ch crs joiy~~t vertti~rref~s, f f~ecesscrry. {iV1~~'00150a;1} EJCDC G615(A) Payment Bond n~Iarch 2008 Prepared by the lingineers Joint Contract Documents Committee. I'a~e I of 3 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 filritished 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 are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) 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: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment inchided in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the Labor was done or perforned; 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 had 'indicated the claim :dill be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a writtela notice to Surety (at the address described in Paragraph 12) 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 furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Boyd shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor tinder 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 Contractor and Surety under this Bond, subject to Owner's priority to use the fiords for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have tinder this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. {n1w001504;1} E.ICDC C-615(A) Payment Bond Alarch 2008 Prepared by the Engineers Joint Contract Documents Cammittec. Page 2 of 3 10. Surety hereby waives notice of any change, inchlding changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. 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 a$er 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 last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) 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 tl7e addresses shovm an 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 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 Bond shall 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 fiirlish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with afirst-tier subcontractor of Contractor, to famish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without Iimitation 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 filrnished. 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 al?d camplete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY- (Name, Adds°ess, and Telephor~e)Cobb Strecker Dunphy & Zimmermann, Inc. Surety Agency or Broker: 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 612-349-2400 Owner's Representative (Engineer or° other°): City of Columbia Heights Engineering Dept., Columbia Heights, MN {b1w001504;1} E.1CDC C-615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Pa~c 3 of 3 ACKNOWLEDGMENT OF CORPORATION State of Minnesota ~`" ss. County of ~-' _ On this p~-~1 day of- w , ?010 before me appeared to me personally known, wha, being by me duly sworn, did say that (s} he is/are the instrwnent is the corporate seal of said corporation, / -~~~`~„~s~ so state, and strike out above as to corporate seal) and that said instrument was Directors; and that said said corporation. - ..~ ~:~ . of a corporation, that the seal affixed to the forgoing ' r G''~--° ([1~ no seal, ~cuted in beh f of said corporation by authority of its Board of acknowledged said instrument to be the free act and deed of ~~ f ~ ~,. Nota ~ P lice ,= ~ ounty, ; '~~I ~ ~- My commission expires , ~ _~ ~'r~ :- _.~~ ~/ -t _ ACKNOWLFDGMENT OF COI2POI2ATE SURETY State of Minnesota ss. Cowlty of Hennepin On this 7th day of June , 24 l0 ,before me appeared Brian J. Oestreich to the personally known, wha being by me duly sworn, did say that (s)he is the Attorney-in-Fact of North American Specialty Insurance Company , a corporation, that the seal affxed to the foregoing instrument is Che corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. ~ SAN~t~A lE '': NOTARY pU~.iC> St}TA My dafi.3l,20tt Y ~ ~ 6_. ('' Notary Public County, ... My commission expires NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASH~IGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duty organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: BRUCE N. TELANDER, JOHN P. MARTINSEN, R W. FRANK, DONALD R OLSON, JOHN E. TAUER, CRAIG REMICK, R SCOTT EGGINTON, JOSHUA R LOFTIS, BRIAN J. OESTREICH and SANDRA M. DOZE JOINTLY OR SEVERALLY Its trne and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boazds of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24a' of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each nr any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the sea! of the Company may be affixed to any such Power of Attorney or to any certifreate relating thereto by facsimile, and any such Power of Attorney ar certificate bearing such facsimile signatures or facsimile seal shall be bindang upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached:" ~uutuuutn \O~e ~GV~,t,7Y!'kP41j4,,. !/~~ .t~'~°~a"ftBMAj~"°~. r cP~`PQR,rF~~= By ~~'t ' C~ ,~~` `~''`', ~~. SEAi_ :n. r CORPORATE ~= s ~ ~ a Stevw P. Aadersoq Preaideat & Chtef Execvtlve Omcc oC Wuhiagtoa Internadona! [nannn« Company & ~ ffi ~ EA ~ ~ ~,~~ iQ~3 Q~: t) y Vke Preaidmt of North American specLity fnauraece Company s~ David hL Gyman, Yia Prcaddmt of Wei6ln'tea Internatianai tnmcan« Company & Vke Peerideot of North American Speciahy lvaaenn« Compaay IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 5th day of June 20 Q8 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this sth day of Jane , 20~ before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Vice President ofNorth American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies- "(}FFf(~Ai. SPAL" NNAD. SBIENS ~7 ~S ~ of Ilfmoia f~mi~n Etta 1fY0Fi/2D11 1~6NvriA ~ ~.~~ Donna D. Sklens, Notary Public I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect IN WITNESS WI~REOF, I have set my hand and affixed the seals of the Companies this 7TH day of JUNE 20 I O ~--~,G' James A Cary«ter, Via Praideat & Assstant Seuetary of Washington International insurance Company & North Amman Speaalty LuLran« Compaay TIF'1 ~. ~~„ ~ +~ OP ID BE DATE(MMID4/YYYYj ELLINGS 06/02/10 PRODUCER THEE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATEON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCA7E The MacKenzie Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O . Box 12 0 ALTER THE COVERAGE AFFORDED t3Y THE POLICIES BELOW- St. Peter ri~7 55x82 Phones 507-931-4482 !, ENSURERS AFFORDING COVERAGE ' NAEG # INSURED -.. _.-_ -_.__.__'.. INSURcR;~.. Contanental Western Group - ~_ fNSUfiER B ' --- Ellingsan Drainagge Inc INSURERc 56113 State HWY 56 PO Box 68 - - - --- -- -- West Concord MN 55985 INSURER D ----- - INSURER ~: COVERAGES _ _ - - ~ - - ~D TO TriE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITNSTANUING ANY REQUIREMEhJi, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VIHICH THI5 CERTIFICATE MAY BE ISSUED OR 6J,AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIF_S DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PgLICIES. AGGREGATE LIMITS S}tOrh'N MAY HAVE SEEN REDUCED BY FA(D CLAIMS. TNSR-y~Al3D'L _..__. _ -.___.._ ._. _ ___ LTR ~ NSRD TYPE OF INSURANCE POLICY NUMBER P011CV E ~ P LI Y EXPiRATtON~ ~ -~ DATE MMIDDIYYYY) DATE (MM/DDlYYYY) LIMtTS GENERAL LIABILITY EACH OCCURRENCE S 1 r 666 ~ {} (} (j A I ~{ COMMERCIAL GENERAL LIABILITY ____ CWP2612506- 25 64/01/10 04~01~11 PREMISES (Ea occurerrce} _.._.-.---...... S 100 d~Q _ s I I ..LAIMS rAADE ~ OCCUR ~ ~ MED EXP (Any one person) S 5 , 0 0 0 }' OC'P LIABILITY PERSONAL&RDV INJURY $ 1, 066, 17OQ X XCU IL~TCLUDED - ~ ~ ~ GENT=,=2AL AGGREGATE 2 008 000 } -- -- ~ ! ( -__- . , , .. ~- -- _-~ G~fv L AGGftcGATE LIMIT APPLIES PER: -- I PRODUCTS - COMPlOP AGG E 3 2 , 0O 6 r !} O6 X POLICY ~ PRO- LOC JECT ~ _..~--------- '-- _ ~ _ RUTOMOBtLE LIABILITY ~ I ~ ~ ~ ~'~ I At:~Y AUTO I ' COMBINED 51NGt.E LIM1AIT (Ea accident} $ ~.. p ~ ~} b r a ~ b t--- -- -_ _ _ -- -- - .2C AL.t- ~:3LVNED AUTOS I - ---- I BODILY INJURY ' $ r SCHEDULED AUTOS I (Per person) 1 f , X - IIIRE.D A.UT~OS ~ ~ CWP2612506- 25 04lOII10 04(01/11 - ----. -._-.----'-- !BODILY I U -----..__ X ~ -- NON-CV~tNED AUTOS ' ~ i NJ RY CPer accident] -._..~~ ~ $ C _~--- - ~ - I ~ I I PROPERTY DAMAGE __ __... I -- c (Per accidenq RAGE LIABILITY f AUTO ONLY - EA RCCIDENT $ + ANY AUTO ~ EA ACC OTHER THAN _ T~ ! I ~ _-- -.. -_._~ f _._.-._ ~ i AUTO ONLY: , .1GG I __. S 1 i FXCESSlUhRSRELLALtABti €TY i I i EACHOi;CURRENOE $ ~t (j00r Qa[) A ~ I. ~ ~ OGCJR ~ CLAitu4SMADE _ (°Cjf,~6~.2a~'3'~ --25 I Q~/(}1/~Q ~ Q4fQ,1,f1I, AGGREGATE _ -- S ~B~(J(}i (jQQ ' i ~ ' i S r ~ OEDUC ITBL E _ } -. I ~ - --'-- $ ~ REi61J t lOtd $ 10 (} ~} Q ~-- - . r I +NORhERS COYrPEN~ATION AND EMPLOYERS LIABILITY Y ' N ~ I ~ ~ I ~ TORY LIMITS i UER ~ ~ , ,~ AfJYPROPRtFTOnPAnTPv R/EXECtiLI`J'~ ~ i i i C1i-Ff4ER (tGrMBtr2 EXCLUDLC3~ ~ ~ ~{/;7~'26i2536_2 5 ~ ~ ~ ~ _ (jd ,~,. Icy ~ (pq,101/11 ._... .. __ _ S ~. Ir}Q6 {}(j(} E.L ACHACCtDENt~ F r f f f ~ ,Mandatory ~n NH} ~ I - --- _ - " Is yes des rioe ~.md=r ! - E ~ pISEASE - EA EMPLOYEE 5 ~. , O (~ ~ a (} ~ [} _ _-._~___ __- ~,-- ----- -~ SPECIAL PROVISION5 be gin: E. LESEASE POLICY L'f~71T I $ 1 r 000 a 6 06 OTHER k I --- ~EI~'Z'E17fLCASE EQL32?' I C~IP2612506-25 C74J61/10 I 04/OIJ11 ! LINdIT 500,63Q0 r i I ~I ~~~~~~~~~ 50 0 _... w e r;r5r'ft3PT(ON OF OPER~",T30^!S I LCN`a.TIONS,' VEHICLES 1 EXGLt;..~4~~, Ai;i>EL`~ t?Y cNUO,iSEt/EN'S 1 SFi t;t~".L PRV JtSftJNS `-- '--_------- - -- ~ ^ ye. p~-~^ y±y' ('} ~^ yx rV31~~~~.1..yv~=4 L1..6Y..:.RS$s.~dTT .° ~ CPL ~ i~t).~.~J,~3"1.-~41~ ~.A .w`~= ~-~}Z-~~i,,.lf~,~ ~TII.ITa $2, 600, 000 I ~.~....me.._. ._-__..__._.__._._._-_._..--..-.. _... CEE2T9F6GATE H43LDEF: GANCELLA'F@ON T^=. ALlDITIOI~TAL INSt7R.EDm CITY CIF` COLUMBIA HEIGHTS 637 38TH AVE CIE COLUMBIA HEIGHTS MN' 55421. SHOULD AFdY OF THE ABOVE DESC RISED POLICRES SE CANCELLED BEFORE THE EXPIRAFIdhi DATE THERE-OF, TERE ISSUING ENSURER W:LC ENDEAVOR TO r.4AtL IQ DF.YS WRftTEN `:OTiCE TC T tic GERTIF,CAt E HOLDER ^tAP~ED 70 f HE LEFT. ce1T FAELUFiE TC7 TKi SG' SHALL tfv9POSE NO 08L1GAT14td 4R LIABILITY OF ANY KIND UPON 'i't@E ENSURER, fTS AGENTS OR REPRESENTRTIVES. ~a.vacv ~;, (tvuyru ~~ OO 1988-2069 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of AGORD 23 CHANGE ORDER NO. 1 Project: Sanitary Sewer Pipe Bursting City Project: 0813 Central Avenue, 47 Avenue to 51 Court Owner: City of Columbia Heights 637 38 Avenue N.E. Date of Issuance: November 15, 2010 Columbia Heights, MN 55421 Contractor: Ellingson Companies PO Box 68 Engineer: City Engineer West Concord, MN 55985 You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for work added to the contract by the City: Water main conflicted with sanitary sewer main near manhole. Relocated water main and installed at 7' depth instead of 10' to make repairs easier in the future. Install new steps in reconstructed manhole. Install seed and erosion control blanket at businesses. Restore parking lots, Install new parking blocks, and Stripe lots. Purpose of Change Order: The contract has been modified to add the changes. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 398,616.50 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: $ 398,616.50 Net Increase (Decrease) of this Change Order: Net Increase (Decrease) of Change Order: $ 49,103.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 447,719.50 Recommended Approved B By: City E A ineer Ellingson Companies Approved r ; Approved 3 Date of Council Action i ' ,..'-- ar 7 ' ---\ 0 :7_Z" ,,e,,t /--"--' I ;1) i 1 ?) I D 'Oary -' - erson, ayor Walter Fehst, City Manager Attachment to Change Order No. 1 City Project 0813 Page 1 of 1 Owner: City of Columbia Heights Contractor: Ellingson Companies Project: Central Avenue Sanitary Sewer Pipe Bursting Description of Changes: The Public Works Department requested the following items. Item No. Item Description Unit Quantity Unit Price Total Price 1 Relocate water main L.S. 1 $14,915.00 $14,915.00 2 Drill and install manhole steps L.S. 1 $ 669.00 $ 669.00 3 Seed and erosion blanket S.Y. 697 $ 3.30 $ 2,300.00 4 Furnish and install parking stops Each 8 $ 65.50 $ 524.00 5 Stripe parking lots L.S. 1 $ 440.00 $ 440.00 6 Remove bituminous parking lot S.Y. 866 $ 3.50 $ 3,031.00 7 Aggregate base class 5 or 7, CV C.Y. 120 $ 32.60 $ 3,912.00 8 Bituminous pavement Ton 188 $ 124.00 $23,312.00 TOTAL OF CHANGE ORDER NO. 1 $49,103.00 2 a 2 CHANGE ORDER NO. 1 Project: Sanitary Sewer Pipe Bursting City Project: 0813 Central Avenue, 47 Avenue to 51 Court Owner: City of Columbia Heights 637 38 Avenue N.E. Date of Issuance: November 15, 2010 Columbia Heights, MN 55421 Contractor: Ellingson Companies PO Box 68 Engineer: City Engineer West Concord, MN 55985 You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for work added to the contract by the City: Water main conflicted with sanitary sewer main near manhole. Relocated water main and installed at 7' depth instead of 10' to make repairs easier in the future. Install new steps in reconstructed manhole. Install seed and erosion control blanket at businesses. Restore parking lots, Install new parking blocks, and Stripe lots. Purpose of Change Order: The contract has been modified to add the changes. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 398,616.50 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: $ 398,616.50 Net Increase (Decrease) of this Change Order: Net Increase (Decrease) of Change Order: $ 49,103.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 447,719.50 Recommended Approved By: By: City E xineer Ellingson Companies Approved ra,, . Approved ,y •/ , Date of Council Action A dfl , Arita/ Igit'31 to '� rson, ayor Walter Fehst, city Manager Attachment to Change Order No. 1 City Project 0813 Page 1 of 1 Owner: City of Columbia Heights Contractor: Ellingson Companies Project: Central Avenue Sanitary Sewer Pipe Bursting Description of Changes: The Public Works Department requested the following items. Item No. Item Description Unit Quantity Unit Price Total Price 1 Relocate water main L.S. 1 $14,915.00 $14,915.00 2 Drill and install manhole steps L.S. 1 $ 669.00 $ 669.00 3 Seed and erosion blanket S.Y. 697 $ 3.30 $ 2,300.00 4 Furnish and install parking stops Each 8 $ 65.50 $ 524.00 5 Stripe parking lots L.S. 1 $ 440.00 $ 440.00 6 Remove bituminous parking lot S.Y. 866 $ 3.50 $ 3,031.00 7 Aggregate base class 5 or 7, CV C.Y. 120 $ 32.60 $ 3,912.00 8 Bituminous pavement Ton 188 $ 124.00 $23,312.00 TOTAL OF CHANGE ORDER NO. 1 $49,103.00 Z3 a CHANGE ORDER NO. 1 Project: Sanitary Sewer Pipe Bursting City Project: 0813 Central Avenue, 47 Avenue to 51 Court Owner: City of Columbia Heights 637 38 Avenue N.E. Date of Issuance: November 15, 2010 Columbia Heights, MN 55421 Contractor: Ellingson Companies PO Box 68 Engineer: City Engineer West Concord, MN 55985 You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for work added to the contract by the City: Water main conflicted with sanitary sewer main near manhole. Relocated water main and installed at 7' depth instead of 10' to make repairs easier in the future. Install new steps in reconstructed manhole. Install seed and erosion control blanket at businesses. Restore parking lots, Install new parking blocks, and Stripe lots. Purpose of Change Order: The contract has been modified to add the changes. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 398,616.50 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: $ 398,616.50 Net Increase (Decrease) of this Change Order: Net Increase (Decrease) of Change Order: $ 49,103.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 447,719.50 Recommended Approved By: By: City E ineer Ellingson Companies Approved rd, Approved B Date of Council Action mss" ._.._,_ - GiiG �L �'� _ Aar teary- 'rson, ayor Walter Fehst, City Manager Attachment to Change Order No. 1 City Project 0813 Page 1 of 1 Owner: City of Columbia Heights Contractor: Ellingson Companies Project: Central Avenue Sanitary Sewer Pipe Bursting Description of Changes: The Public Works Department requested the following items. Item No. Item Description Unit Quantity Unit Price Total Price 1 Relocate water main L.S. 1 $14,915.00 $14,915.00 2 Drill and install manhole steps L.S. 1 $ 669.00 $ 669.00 3 Seed and erosion blanket S.Y. 697 $ 3.30 $ 2,300.00 4 Furnish and install parking stops Each 8 $ 65.50 $ 524.00 5 Stripe parking lots L.S. 1 $ 440.00 $ 440.00 6 Remove bituminous parking lot S.Y. 866 $ 3.50 $ 3,031.00 7 Aggregate base class 5 or 7, CV C.Y. 120 $ 32.60 $ 3,912.00 8 Bituminous pavement Ton 188 $ 124.00 $23,312.00 TOTAL OF CHANGE ORDER NO. 1 $49,103.00