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Contract 2325
EJCDC X2326 tr STANDARD FORM OF AGREEMENT'S BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA (OWNER) and VISU- SEWER, 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: CITY OF COLUMBIA HEIGHTS SANITARY SEWER Line 984 L.F. of 8" VCP on 7 Street, 40 Ave (CSAH 2) to 1 MH north of 41 Ave, Line 984 L.F. of 8" VCP on Washington St, 40 Ave (CSAH 2) to 1 MH north of 41 Ave, Line 602 L.F. of 8" VCP on Jefferson St, 1 MH north of 40 Ave to 1 MH north of 41 Ave, Line 984 L.F. of 8" VCP on Madison Street, 40 Ave (CSAH 2) to 1 MH north of 41 Ave, Line 984 L.F. of 8" VCP on Monroe Street, 40 Ave (CSAH 2) to 1 MH north of 41 Ave, Line 327 L.F. of 8" VCP on Quincy Street, 40 Ave (CSAH 2) to 1 MH north of 40 Ave, and Line 468 L.F. of 8" VCP on Alley: west of Reservoir Blvd from 39 Ave to Peters Pl. Alternate 1: Install 20 main to service lateral connection liners as directed by Public Works Director. 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: 2010 SANITARY SEWER LINING: CITY PROJECT NO. 1004 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. 16 • ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Sanitary Sewer Lining work will be substantially completed on or before December 31, 2010, and if awarded, the Service Lateral Connection Liner Installation work will be substantially completed on or before April 29, 2011. The project shall be ready for final payment in accordance with Paragraph 14.07 of the General Conditions 30 calendar days after substantial completion. 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, CONTRACTOR 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. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit A. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. 17 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 them, there will be no additional retainage; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 5% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07. 18 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, 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. 19 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. 20 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 16 to 23 , 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 1 to 49 , inclusive). 6. Supplementary Conditions (pages 00700 -50 to 00700 -58 , inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of a title sheet and 10 record drawing plan sheets with each sheet bearing the City Project Number. 9. Addenda (numbers to , inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages 9 to 15 , 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 9.01.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. 21 1 i ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from - any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions (if applicable). 22 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 timarnmst 1 [o , 2010 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: !..i.. . �4'�'�I '4\SU- SEWER, =K W.. Wt- ifiyanager h 5 By: ��1 \ ,y,ppN 2--- i i o`- - - KEtT H �rn LE: AR altER. ' — Gary P terson, Mayor Title: P I2 p S t D EA"t [CORPORATE SEAL] [CORPORATE SEAL] r Attest: Attest: - 3'grn S. SEARIG6T∎cA-1 Title( (-/ rQ _ Title: etiRpORP - rt SEtdt3ETAR.1 Address fo giving notices: Address for giving notices: L'aab @N14$55 BE.TKER 1:)Q.1vE PEWrat,A<F £., W=. 53012. (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public License No. N t 1A body, attach evidence of authority to sign and (Where applicable) resolution or other documents authorizing execution of OWNER - CONTRACTOR Agent for service of process: Agreement). CT CORPORATlo■ (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: Qn►. E'ENNEy Title: Title: GF.pJE ZAP,,,, mgWAG.ER Address: Address: q 05 13 E-Ec-k ST, IF__ FRI01—Ey, rr h1 5y32 -11L,2 Phone: Phone: ( ,..'1l0 3) 'LS'z- 400 Facsimile: Facsimile: Cnl.. ) 2.52- boob 23 PERFORMANCE BON it 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): Visu - Sewer, Inc. Merchants Bonding Company W230 N4855 Betker Drive 2100 Fleur Drive Pewaukee, WI 53072 Des Moines, IA 50321 OWNER (Name and Address): City of Columbia Heights 590 40 Avenue NE Columbia Heights, MN 55421 CONTRACT Effective Date of Agreement: 11/16/10 Amount: $163,659.00 Description (Name and Location): 2010 Sanitary Sewer Lining: City Project No. 1004 BOND Bond Number: MNC53712 Date (Not earlier than Effective Date of Agreement): 11/16/10 Amount: $163,659.00 Modifications to this Bond Form: None 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 Visu- Sewe Inc. (Seal) Merchants Bonding Company (Seal) Contractor's Name and Corporate Seal _ - Surety's Name and Corporate Sea! ------ By: 1 ill L.■ tit BY AL G� /Y '�. Signature Signature (Attach Power of Attolne;') KE,ITN fn. la L.E,X q tv DE g Debbra A. Hinkes Print Name Print Name PR E.St D EIS I Attorney - in - Fact Title Title Attest: dr Attest: c g e- -..-- S' ) Z__ . , at Z Y (ES S. SErt>;eETI crt Si afore ebR<r?QfaIT SF__c_12.5. Q.. -` Title Title Note: Provide execution by additional parties, such as joint venturers, 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 5. After Owner has terminated Contractor's right to complete the performance of the Contract, which is incorporated herein by reference. Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 1. If Contractor performs the Contract, Surety and Contractor have no above, then the responsibilities of Surety to Owner shall not be greater obligation under this Bond, except to participate in conferences as than those of Contractor under the Contract, and the responsibilities of • provided in Paragraph 2.1 Owner to Surety shall not be greater than those of Owner under the 2. If there is no Owner Default, Surety's obligation under this Bond Contract, To thc limit of the amount of this Bond, but subject to shall arise after: commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without 2.1 Owner has notified Contractor and Surety, at the addresses duplication for: described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and 5.1 The responsibilities of Contractor for correction of attempted to arrange a conference with Contractor and defective Work and completion of the Contract; Surety to he held not later than 15 days after receipt of 5.2 Additional legal, design professional, and delay costs such notice to discuss methods of performing the Contract. resulting from Contractor's Default, and resulting from the If Owner, Contractor, and Surety agree, Contractor shall be actions of or failure to act of Surety under Paragraph 3; and allowed a reasonable time to perform the Contract, but 5.3 Liquidated damages, or if no liquidated damages are such an agreement shall not waive Owner's right, if any, specified in the Contract, actual damages caused by subsequently to declare a Contractor Default; and delayed performance or non - performance of Contractor. 2.2 Owner has declared a Contractor Default and formally 6. Surety shall not be liable to Owner or others for obligations of terminated Contractor's right to complete the Contract. Contractor that are unrelated to the Contract, and the Balance of the Such Contractor Default shall not be declared earlier than Contract Price shall not be reduced or set off on account of any such 20 days after Contractor and Surety have received notice as unrelated obligations. No right of action shall accrue on this Bond to any provided in Paragraph 2,1; and person or entity other than Owner or its heirs, executors, administrators, 2.3 Owner has agreed to pay the Balance of the Contract Price or su ccessors. to ' 7. Surety hereby waives notice of any change, including changes of 1. Surety in accordance with the terms of the Contract; time, to Contract or to related subcontracts, purchase orders, and other or obligations: 2. Another contractor selected pursuant to Paragraph 8. Any proceeding, legal or equitable, under this Bond may be 3.3 to perform the Contract. 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 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following two years after Contractor Default or within two years after Contractor actions: ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the 3.1 Arrange for Contractor, with consent of Owner, to perform provisions of this paragraph arc void or prohibited by law, the minimum and complete the Contract; or period of limitation available to sureties as a defense in the jurisdiction 3.2 Undertake to perform and complete the Contract itself, of the suit shall be applicable. through its agents or through independent contractors; or 9. Notice to Surety, Owner, or Contractor shall he mailed or delivered 3.3 Obtain bids or negotiated proposals from qualified to the address shown on the signature page. contractors acceptable to Owner for a contract for 10. When this Bond has been furnished to comply with a statutory performance and completion of the Contract, arrange for a requirement in the location where the Contract was to be perfonned, any contract to be prepared for execution by Owner and provision in this Bond conflicting with said statutory requirement shall contractor selected with Owner's concurrence, to be be deemed deleted herefrom and provisions conforming to such statutory secured with perfonnance and payment bonds executed by requirement shall he deemed incorporated herein The intent is that this a qualified surety equivalent to the bonds issued on the Bond shall he construed as a statutory bond and not as a common law Contract, and pay to Owner the amount of damages as bond described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from 11, Definitions, Contractor Default; or 1 1 .1 Balance of thc Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with adjustments have been made, including allowance to reasonable promptness under the circumstances: Contractor of any amounts received or to he received by Owner in settlement of insurance or other Claims for 1. After investigation, determine the amount for which damages to which Contractor is entitled, reduced by all it may be liable to Owner and, as soon as practicable valid and proper payments made to or on behalf of after the amount is determined, tender payment Contractor under the Contract: therefor to Owner; or 1 1.2 Contract: The agreement between Owner and Contractor 2. Deny liability in whole or in part and notify Owner identified on the signature page, including all Contract citing reasons therefor: Documents and changes thereto. 4. If Surety does not proceed as provided in Paragraph 3 with 11.3 Contractor Default: Failure of Contractor, which has reasonable promptness, Surety shall be deemed to be in default on this neither been remedied nor waived, to perform or otherwise Bond 15 days after receipt of an additional written notice from Owner to to comply with the terms of the Contract. Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner, If 11.4 Owner Default: Failure of Owner, which has neither been Surety proceeds as provided in Paragraph 3.4, and Owner refuses the remedied nor waived, to pay Contractor as required by the payment tendered or Surety has denied liability, in whole or in part, Contract or to perform and complete or otherwise comply without further notice Owner shall be entitled to enforce any remedy with the other terms thereof. available to Owner, .... FOR TNFORMATION ONLY - (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C -610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 PAYMENT BOND 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 Visu- Sewer, Inc. Business): W230 N4855 Betker Drive Merchants Bonding Company Pewaukee, WI 53072 2100 Fleur Drive OWNER (Name and Address): Des Moines, IA 50321 City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 CONTRACT Effective Date of Agreement: 11/16/10 Amount: $163,659.00 Description (Name and Location): 2010 Sanitary Sewer Lining: City Project No. 1004 BOND Bond Number: M N C53712 Date (Not earlier than Effective Date of Agreement): 11/16/10 Amount: $163,659.00 Modifications to this Bond Form: None 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 Visu- Sewer, Inc. (Seal) Merchants Bonding Company (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: lt nC By: K ttiCC Oft ii� Signature Signature (Attach Power of Attorney) 4E1TH In. Y-1LE.XPthlc R DebbraA. Hinkes Print Name Print Name pR,[S1nEtYV Attorney -in -Fact ...__.... Title Title • Attest: Attest: - ature MqrY1F $ S. S 12.tCE7 1 CH gnature Co 0RATE, SE.DRETPi►a.1 Title Title Note: Provide execution by additional parties, such as, joint venturers, if necessary. (Mw001504;1) EJCDC C- 615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1_of 2 Contractor and Surety, jointly and severally, bind themselves, their heirs, accepting this Bond, they agree that all funds earned by Contractor in the executors, administrators, successors, and assigns to Owner to pay for performance of the Contract are dedicated to satisfy obligations of labor, materials, and equipment furnished by Claimants for use in the Contractor and Surety under this Bond, subject to Owner's priority to performance of the Contract, which is incorporated herein by reference. use the funds for the completion of the Work. 1. With respect to Owner, this obligation shall be null and void if 8. Surety shall not be liable to Owner, Claimants, or others for Contractor: 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 1.1 Promptly makes payment, directly or indirectly, for all sums this Bond, and shall have under this Bond no obligations to make due Claimants, and payments to, give notices on behalf of, or otherwise have obligations to 1.2 Defends, indemnifies, and holds harmless Owner from all Claimants under this Bond. claims, demands, liens, or suits alleging non - payment by 9. Surety hereby waives notice of any change, including changes of Contractor by any person or entity who furnished labor, tirne, to the Contract or to related subcontracts, purchase orders, and materials, or equipment for use in the performance of the other obligations. Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of 10. No suit or action shall he commenced by a Claimant under this any claims, demands, liens, or suits and tendered defense of Bond other than in a court of competent jurisdiction in the location in such claims, demands, liens, or suits to Contractor and which the Work or part of the Work is located or after thc expiration of Surety, and provided there is no Owner Default. 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 2. With respect to Claimants, this obligation shall be null and void if labor or service was performed by anyone or the last materials or Contractor promptly makes payment, directly or indirectly, for all sums equipment were furnished by anyone under the Contract, whichever of due. (1) or (2) first occurs. if the provisions of this paragraph are void or 3. Surety shall have no obligation to Claimants under this Bond until: prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 3.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address 11. Notice to Surety, Owner, or Contractor shall be mailed or delivered described in Paragraph 12) and sent a copy, or notice thereof, to thc addresses shown on the signature page, Actual receipt of notice by to Owner, stating that a claim is being made under this Bond Surety, Owner, or Contractor, however accomplished, shall be sufficient and, with substantial accuracy, the amount of the claim:._ compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory 3.2 Claimants who do not have a direct contract with Contractor: requirement in the location where the Contract was to be performed, any 1. Have furnished written notice to Contractor and sent provision in this Bond conflicting with said statutory requirement shall a copy, or notice thereof, to Owner, within 90 days be deemed deleted herefrom and provisions conforming to such statutory after having last performed labor or last furnished 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 materials or equipment included in the claim stating, bond. with substantial accuracy, the amount of the claim and the name of the party to whom the materials or 13. Upon request of any person or entity appearing to be a potential equipment were furnished or supplied, or fbr whom beneficiary of this Bond, Contractor shall promptly furnish a copy of the labor was done or performed; and this Bond or shall permit a copy to be made. 2, I-lavc either received a rejection in whole or in part I4,. Definitions from Contractor, or not received within 30 days of 14.1 Claimant: An individual or entity having a direct contract furnishing the above notice any communication from with Contractor, or with a first -tier subcontractor of Contractor by which Contractor had indicated the Contractor, to furnish labor, materials, or equipment for use claim will be paid directly or indirectly; and in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms `labor, 3. Not having been paid within the above 30 days, have materials or equipment" that part of water, gas, power, light, sent a written notice to Surety (at the address heat, oil, gasoline, telephone service, or rental equipment described in Paragraph 12) and sent a copy, or notice used in the Contract, architectural and engineering services thereof, to Owner, stating that a claim is being made required for perfonnance of the Work of Contractor and under this Bond and enclosing a copy of the previous Contractor's subcontractors, and all other items for which a written notice furnished to Contractor. mechanic's lien may be asserted in the jurisdiction where the 4. If a notice by a Claimant required by Paragraph 4 is provided by labor, materials, or equipment were furnished. Owner to Contractor or to Surety, that is sufficient compliance, 14.2 Contract: The agreement between Owner and Contractor 5. Reserved. identified on the signature page, including all Contract Documents and changes thereto. 6, 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 14.3 Owner Default: Failure of Owner, which has neither been good faith by Surety. remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply 7. Amounts owed by Owner to Contractor under the Contract shall be with the other terns thereof. used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): {114WO01504;1) EJCDC C- 615(A) Payment Bond March2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 MERC]ANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duty organized under the laws of the State of Iowa, and having its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Debbra A. Hinkes, Charles L. Schatz, Pamela M. Hineman, Robert M. Tortelli of New Berlin and State of Wisconsin its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in Its behalf as surety any . and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of TEN MILLION (510,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey -in -Fact, pursuant to the authority herein given. are hereby ratified and confirmed. This Power -of- Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE 11, SECTION. 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE it, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this26th day of August , 2009. . ••\NC" -, C o *• MERCHANTS BONDING COMPANY (MUTUAL) �o '•9' :r"—: -o- • o• • • y � 1993 : -•: By , 9Z,4 0 01. 1- 7. 7: 7 7, 4)% ~ ' • STATE OF IOWA • ' • • • President COUNTY OF POLK ss. On this 26th day of August , 2009 , before me.appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation desaibedin the foregoing instrument, and that the Seal affixed to the said instrument Is the Corporate Seal of the said Corporation andthat the said instrument was signed and sealed In behalf of said Corporation by authority of Its Board of Directors. . In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH l „�'• ' . I' • /I • COrririsslon Number 1735C14 Rftarsrh 16, 1 !votary Pubkc, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. (, Wiliam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY ( MUTUAL), do hereby oert"rfy that the above and Is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), still In MI force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this ( �� day of O i 0 :�o.0RPOq te' -v• • .r-: _ -o- • a - 1933 1 :3 ' � • • Secretary y a c ti: POA 0001 (1109) � '� ' 1 ACORD CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MM/DD/YYYY) ., 11/19/2010 PRODUCER (262) 574 -7000 FAX: (262) 574 -7080 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R & R Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1581 E Racine Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 1610 Waukesha WI 53186 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Natl Fire Ins .of Hartford 20893C Visu Sewer Inc INSURER B: Continental Casualty 20443 PO Box 804 INsuRERc:Valley Forge - Ins Co. . . 20508 W230 N4855 Betker Drive INSURER D: National Surety Corp Pewaukee WI 53072 -0804 INSURER E: Transportation' Ins Co ;OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AG RELATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR DD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MMADIYY) GENERAL LIABILITY �H OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES ( Ea occurrence) $ 300 , 000 A 1 CLAIMS MADE © OCCUR 2055717470 4/1/2010 4/1/2011 MEDEXP(Anyoneperson) $ 15,000 X $3000 PD. Deductible PERSONAL, &ADVINJURY $ 1,000,000 X Blkt Add' 1 I nsd GENERAL AGGREGATE $ 2,000-,000 GEM. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY [i1 J " I LOC Emp1 Benefits Liab 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 A _ ALL OW INJURY NEDAUTOS 2055717498 4/1/2010 4/1/2011 BODILY U — SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON- OV,NEDAUTOS (Peracddent) X 1000/2000 Comp Ded PROPERTY DAMAGE X 1000/2000 Coll Ded (Per accident) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ — 1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS /UMBRELLA LIABILITY 2088717503 4/1/2010 4/1/2011 EACH OCCURRENCE $ 10,000,000 OCCUR CLAIMS MADE (Lead Umbrella) AGGREGATE $ 10,000,000 $ D DEDUCTIBLE SHX 72826936 4/1/2010 4/1/2011 Each occurrence $ 10,000,000 X RETENTION $ 10,000 (Excess Umbrella) Aggregate $ 10,000,000 C WORKERS COMPENSATION AND 2055717484 4/1/2010 4/1/2011 X TO NA 193i EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 100,000 OFFICER /MEMBER EXCLUDED? (no exclusions) E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 500,000 A OTHER Installation & 2055717470 ($1,000 Ded) 4/1/2010 4/1/2011 Any One Loc(Install) $500,000 Equipment Floater Leased /Rented Equip $300,000 E Builders Risk 2084964328 ($2,500 Ded) 4/1/2010 4/10/2011 Any One Project /Loc $500,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Project: 2010 Sanitary Sewer Lining: City Project No. 1004 City of Columbia Heights is Additional Insured as required by written contract respect to work performed by Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF •.THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Columbia Heights EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 590 40th Avenue NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Columbia Heights, MN 55421 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE T Scheider /TWB315 : : '- -°.. -•;— = = ACORD 25 (2001/08) © ACORD CORPORATION 1988 NS025 (0108).08a Page 1 of 2 IMPORTANT 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a.contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ) ■ ACORD 25 (2001!08) Page 2 of 2 NS025 (0108).08a 3 5— Contractor's ontractor' Business Naane V 1'Si:i;= SEWE�2 Address: d Tess::.::::': . 1i.12: � Q N ORtvE. :......... . Phone No;21 Fax No: (262,) loet 235 1' - : ►., FOB PROJECT CITY PROJECT NO 1004`: IDENTIFICATION: 2010 SANITARY SEWER LINING BIDS TO I E OPENED 10:00 AM - WEDNESDAY, NOVEMBER 3, 2010 This bid is submitted to: CITY-OF. COLUMBIA HEIGHTS 637 38Th ; - AVENUE NE COLUMBIA HEIGHTS, ,: • LUM MN 55421 1. The undersigned BIDDER proposes and agrees if this Bid is accepted, to enter into an agreement with OWNER in the ` form 'included in ! the Contract Documents to perform and furnish all ` Work `' as:` specified ,or.: indicated :in the :Contract Documents for.. ':.':....'::..: '. the :.::ontract Price and :: = ; the . :.Contract .time .. indicated ` ":in this ::;bid .`and in .:...... . . accor dance with:the other terms and conditions of the Contract Document:' ; '; :' • ........... 2. BIDDER accepts all of the terms and conditions of the Advertisement or Inv l� on to Bid and Instruction to Bidders. .This Bid will remain subject to acceptance for' sixty (60) days after the ' : of Bid opening. BIDDER will sign and submithe 'Agreement p g g with the Bonds and other documents required by the Bidding, Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. 3. In submittin this bid, BIDER represents, ,.., g , D ' as more fully set forth in the Agreement ` �. • ..that: - ; :.,... 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 • 9 b) BIDDER has familiarized itself with arid' ` ` of tract; Documents,; ; Work,' , locali aril all ;local nature conditions extent and laws and the - : regulations that ,iri ;any site manner may affect cost Progress, erforthe m Con__ or p gl p furnishing of Work. c ) BIDDER has studied: carefully , all carefully a ,reports and : drawings of subsurface conditions and drawn s of ` h sical conditions which are id in the g.. physical Supplementary Conditions as provided iri Para a h` 4 & ` :4 : of the :..........:........ .:. General Conditions, and accepts the mination se forth m Pa a h S.C. g ?' P . 4.02 &` ;4.03 ; of the Su lement Conditions deter of the extent of: the technical . p p �' data contained in such reports grid drawin s u on which BTDDE1� is entitled' • g 1? t 1 ...::::.......... .........:. . to rely. d) BIDDER has obtained `and: carefully (or assum` responsibility for obtainin and ; carefull studying) all such studied .examinati mvesti ations g Y Y g S , . .......... . x loratio ns, tests and studies in p explorations, ( diti suppmt those referred to in c above which pertain to the ad subsu rface to or or physical con ditions at the ( ) p PY site or otherwise may a the cost, '' ro ens erformance or of F zP g the `work as BIDDER: considers recess for the ' performance of fi inishiri ary , :, • p g: the work at the` Contiact within Contract Time and in accordance :..:...... with the other terms :and Price `conditions of the `Cont to ract Dole cme m en ents includiri specifically the ' a ra h `:4:02 & 4:03 of the 'General p Conditions, an noadditional.examinations investigation s explorations :tests .:.... . ............. > re outs or similar informationor data are or will be're wired by BIDDER for 1? q Y such , t oses. p uP e) ` BIDDER has reviewed and checked all ; information and data shown'` or indicated on the Contract Documents with res ect to existing Under roiirid Facilities at or contiguous to the site; and assumes` res onsibl for the P accurate location o explorations, Underground 'F'acilities. ;No additional exinations investigations ions texts` ie orts or_: similar information or data in : respect of said Underground Facilities ar >or;will'be regtiired-by BIDDER in order to perform and fu nish the Wo rk'`at' the Contract; Price within the , Contract Time and m accordance ; with the `o terms an conditions of the Contract Documents mcludin s ecificall the rovisi of Pa ra a h ; 4.04 g P S of the General Conditions f) - { as come ate e resu is o `al such o nervations ; examuiatioris investigations, ` ex locations tests ` reports. and studies with the terms and .....:...:.:.. conditions of the Contract Documents g) BIDDER has given ENGINEER wr notice of all confl errors, discrepanes that it has cliscoveied: n the Contract Documents an d the written resolution thereof ; by ENGINEER is :acceptable to BIDDER This Bid ' ` , and not ; ma h) is genuine de in the interest of `'or on behalf of `aizy undisclosed person, firm or corporation and is not `submitted iri 'conformity 10 with any agreement ; or rules of any group, 'association; organization or ......... . corporation; BIDDER has not directly or indirectly ::. ind g uced` or - solicited any ................: . other BIDDER to submit a false or sham Bid, BIDDER has not _solicited or . ...............:::..:.....:.... . induced any person, firm or corp oration to refrain from biddin , by' collusion obtain for itself an g Y any advantage and BIDDER " ' has;not sought `; e` other g over any BIDDER or over OWNER. i) Any other representation as re required by Laws and ) Y ;. q Y Regulations. g 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICES:' Quantities are indicated for the convenience of the Bidder Final payment Will be based on actual quantities. CITY OF COLUMBIA HEIGHTS "1004 SANITARY SEWER LINING ". No:`.:;: ', :` :.:::..::.::.:`:::::::ltein Unit ::;::::Quantity Unit Price. Total.Amount.. ,.. • 1 Line 8 VCP L.F: 5 TERNATE 1: INSTALL SERVICE LATERAL! CONNECTION 1 Install Nlaiii to;Seiyice EA. 20 s. 2,050.00 $ ylDDn. Lateral Connection L Liner :...:..; .... .. .......:... TOTAL AMOUNT OF BASE BID PLUS ALTERNATE 1: $ . OME.4ua1'DR s S∎ .T1 TIAREE TNousgi `SAX Hu►.�0REr FFr p.h Dol_Lneo ':`:; : . Total Amount of Base Bid Plus; Alternate One :.Written in Words .. A ►� :;ZErza S 11 ............... ......:. : .... 5: BIDDER agrees that the Woik will be as follows: P acc ...:..:..::. 0 20 SANI TARY SEWER LINING CITY PROJECT PROJECT 1004 o in sp ectior by Y January 31 2011 for 5anitar sewei limn and by Ma'" � 1 20 y: g F inal 1 for main toservice lateia l connection;iristallation in accordance wDivision ith` Parag i aph 14.06 of the G Conditions. :......... o BIDYDER °accepts the provisions of the Agreement as to liquidated dame g es; in the ev ent of failure to complete the work oii time. 6. The following documents are attached to and made a condition oftheBII�: ..::.:........:..... b th g a) A tabulation of Subcontractors, Su PP liers, and;otlier ersons and or anizations required to be identified in this Bid. .:::'';:The contractor will complete: the Work sequence in ordaicewi ......... . ' 1, Section 4 General Requirements. ...:.......: ....::.:. c) AffidavitofNon- Collusion. ............... ............. 7 Co m urncations concerning this BID shall be addressed to the address of BIDDER indicated :below. .....:....:.. ......:.:.. ... :....... 8;; ; The terms used in this BID which are defined iii;` the- General Conditions of the Construction Contract included as art of the Contract Doctunents 'have the:meanin s' : '• assigned to them in the Geneial Conditions. .:.:...... SUBMITTED ON N OV EmY► R E R 3 ` , 2010. .:..:.... : ........... ::....:..... .........: 12 If BIDDER is AN INDIVIDUAL BY ;; (SEAL) (Individual's Name) . _ ............. Doing Business As ......:......... Telephone : No: A PARTNERSHIP ... By (SEAL) . :.. ....... (Firm Name) (General Partner) Business Address: Telephone No.: (Continued on next page.) 13 B v\ Sly,- , EWER SEAY� By E CYO � C.. (SEAL) (Corporation Name) 1%C.ovSti.k State of Incor oration (Name,0 t//((??4. of Person Authorized to Sign) 4 i N trat r l 'r LE.. ( c D -R P t2E.S.t DEv,s'T Title ,, :;• .................:.:::...:.... . ............. ATTEST: .....:.:.... ecret : LS S: S �.' Rlca-CitN t Business Address: ` 142.30 `1■4855'' ETKEk b RIUC ... :...... . .:... .... .... . Telephone No. P LZ:.In i.stq5= 2 .......... . A J ®INT VEND`UI2E :: By (Name) Address ......::.. .. .:.:.....:....:.::...:::..:... :........ (Name) Address Each joint venturer must sign. The manner of signing for each individual, jai tner shi and coi oration that is a a to the joint venture should be in the manner indicated above. 14 STATE OF Ni.A l S Co N S t : COUNTY Off: W 01 ti_Ks_sH A AV><T_O)F N0N- cOLL><JSION. (1) That I am the !; BIIDIDER • m (if the `bidder is an i nd i v i . dual a artner the BIDDER (if the bidder is a" . artnershi :) or an officer or employee of the BIDDER corporation having author to sign on its behalf (if the BIDDER is • a co oration rP 2 •.: That the attached bid or bids have been arizved at by the >11 UDDER individually and have been submitted without collusion with, `'arid :withotut any g a Bement "understandin or P ;. lanned common course of action with an v g bidding P endor:'of materials :su lies equipment or services described in the invitation to:bid :desi �� ned to limit individual biddin 'or comp petition (3) `' ;; That the contents of the bid ` or bids have not been, ; commumcated b the BIDDER, or its employee ` or agents, to . any Person not any employee or agent of the BIID II ER or its surety on any bond tnushed"�ti with the < bid or bids' and `will. not be communicated to any person, prior to any official o P enm g of the bids, or bids; and; ......:.............:. (4) That I have fully informed ;;myself regarding . the accuracy of the statements made in this affidavi t. t Su ' EW ` BIDDER \i i u - S E %1\\ Ea — rmc . .............. :...: .:. : ::. : : MAKING BIDS ;::.;,. Subscribed and sworn to before me - this :.3 of .:. NovE+ nYaCR 2010: )1," ry(/) 1, ,i,t, day ..::....:.:..::.......:.. KENTH m• lAI.CXA D NAME PR.EStoE. :: OJF'FICJ<AL TITLE 15 Contractor's Business Name: \(1Su- S EWER =►JC. Address: W2.31) 1■1 eETKER DRIVE PEWgWCEE, WI S2o12. Phone No: (3„62) 1n tS -2340 Fax No: b_62,) 1DgS -2.359 BID FORM PROJECT CITY PROJECT NO. 1004 IDENTIFICATION: 2010 SANITARY SEWER LINING BIDS TO BE OPENED: 10:00 AM - WEDNESDAY, NOVEMBER 3, 2010 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 38 AVENUE NE COLUMBIA HEIGHTS, MN 55421 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. 2. BIDDER accepts all of the terms and conditions of the 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. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: 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 A/O•E 9 [ T b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work. c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 & 4.03 of the General Conditions, and accepts the determination set forth in Paragraph S.C. 4.02 & 4.03 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, texts, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the 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 10 with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. i) Any other representation as required by Laws and Regulations. 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICES: Quantities are indicated for the convenience of the Bidder. Final payment will be based on actual quantities. CITY OF COLUMBIA HEIGHTS "1004 SANITARY SEWER LINING" No. Item Unit Quantity Unit Price Total Amount BASE BID 1 Line 8" VCP L.F. 5,333 $ 23. po $ 122, 1oSq.D ALTERNATE 1: INSTALL SERVICE LATERAL CONNECTION 1 Install Main to Service EA. 20 $ 2,050. 00 $ 14v, p op. p p Lateral Connection Liner TOTAL AMOUNT OF BASE BID PLUS ALTERNATE 1: $ 1 1s�, 1 X9.44 O E, MANIDRf.� S�x�y TI►RZZ Thor �. ax)( u�c X Ft poC14rZS Total Amount of Base Bid Plus Alternate One Written in Words galo ZEAL) CELTS 11 5. BIDDER agrees that the Work will be completed as follows: • 2010 SANITARY SEWER LINING CITY PROJECT 1004 • Final inspection by January 31, 2011 for sanitary sewer lining and, by May 31, 2011 for main to service lateral connection installation in accordance with Paragraph 14.06 of the General Conditions. o BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. - 6. The following documents are attached to and made a condition of the BID. a) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. b) The contractor will complete the Work sequence in accordance with Division 1, Section 4, General Requirements. c) Affidavit of Non - Collusion. 7. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. 8. The terms used in this BID, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. SUBMITTED ON: N Om EYYl E. Ft. 3 , 2010. 12 If BIDDER is: AN INDIVIDUAL By (SEAL) (Individual's Name) Doing Business As Telephone No: A PARTNERSHIP By (SEAL) (Firm Name) (General Partner) Business Address: Telephone No.: (Continued on next page.) 13 • A CORPORATION ) BY VISLi- SEWER, - MISC. (SEAL) (Corporation Name) Wk%C,O MSIt1 (State of Incorporation) BY _ L L �-.wrl (Name of Person Authorized to Sign) � ���► rn . O -R (Title) ATTEST: _ (S ` rt1�`� ES S.gt4V. i'► 1 CAR poRwTE SEC.Y.ETR Business Address: 1423D tSIA8SS ETKE.z Dkt'E PEW lAKEE, 1.41. S3012_ Telephone No. (j u z.) Loe S - 2.1 0 A JOINT VENTURE By (Name) (Address) By (Name) (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. 14 STATE OF VA I, S cc N S t Ni COUNTY OF Wp,u.KF..SKIA 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) or an officer or employee of the BIDDER corporation having authority to sign on its behalf (if the BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4) That I have fully infollned myself regarding the accuracy of the statements made in this affidavit. VI Su- SE -WER, ��1 BIDDER V1 - SE,WER, =MC. FIRM MAILING BIDS Subscribed and sworn to before me - this 3 day of NouE.Yv►13C-.iR , 2010. I•kEIT H Y . LCx o C R NAME PEI OtV4 T OFFICIAL TITLE 15