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HomeMy WebLinkAboutContract 1549 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the C OF COLUN 'A HEIGHTS, MI / OTA, (hereinafter called OWNER) and Ze/k.A.0.-034) , (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2000 RETAINING WALL CONSTRUCTION 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: 2000 RETAINING WALL CONSTRUCTION 53 AVENUE N.E. CITY PROJECT NO. 0012 ARTHUR STREET N.E. CITY PROJECT NO. 0012 JEFFERSON STREET N.E. CITY PROJECT NO. 9818 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 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 Work will be substantially completed on or before November 20, 2000 for City Project 0012 and on or before June 30, 2001 for City Project 9818 and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an Exhibit A. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 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 in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payment previously made; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 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 of 6% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. • CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 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 to inclusive); 2. Performance Bond (pages to inclusive); 3. Payment Bond (pages to inclusive); 4. Other Bonds (pages to inclusive); 5. General Conditions (pages to , inclusive); 6. Supplementary Conditions (pages to , inclusive); 7. Specifications as listed in the table of contents of the Project Manual; 8. Drawings consisting of a cover sheet and sheets numbered 1 through 6, exclusive, with each sheet bearing the general title Retaining Wall, or the Project Number. 9. Addenda (numbers to , inclusive); 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages to , inclusive); • b. CONTRACTOR's Bid (pages to , inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive); d. • 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.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 3.05 of the General Conditions. 21 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General 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. p This Agreement will be effective on (S�G�• 9) , 2000 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: ' / �!✓Lry'i. _ _ v r Y r xrr (Lo EJS N) C_ % /s'p w � �. By: LC) . & rv�A -ry -eterso , ayor [CORPORATE SEAL HERE] [CORPORATE SEAL HERE] Attest Attest Address for giving notices: Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public License No. 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). (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Rep esentative: Designated Representative: Name: Name: Title: - ielaS Title: Address: 6 37 - Si - NE Address: d oe A / ,4,i/£ frc Phone: W 3706- 3 70.0 Phone: Facsimile: 76 3 /701 - Facsimile: 23 r Construction Performance Bond Bond No. C 768786 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Sunram Construction, Inc. Capitol Indemnity Corporation 20010 75th Avenue North P.O. Box 5900 Corcoran, MN 55340 Madison, Wisconsin 53705 -0900 OWNER (Name and Address): City of Columbia Heights, MN 637 - 38th Ave NE Columbia Heights, MN 55421 -3806 CONSTRUCTION CONTRACT Date: October 9th, 2000 Amount: 5139,866.23 - One Hundred Thirty Nine Thousand Eight Hundred Sixty Six & 23/100 Description (Name and Location): City Project 9818 & 0012 - Retaining Wall Construction 53rd Avenue N.E., Arthur Street N.E., Jefferson Street N.E. - Columbia Heights, MN BOND Date (Not earlier than Construction Contract Date): October 18th , 2000 Amount: $139,866.23 - One Hundred Thirty Nine Thousand Eight Hundred Sixty Six & 23/100 Modifications to this Bond Form: None. CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company: (Corp. Seal) Sunram Construction, Inc. Capitol Ins - I ty C po ation Signature: l-_ LA) CiA"RAr+ - 1�� 1 -lard" Signature: 4a. Name and Title: Name and Title: M.A. ' or • s Attorney CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910 -28A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects. Construction Payment Bond Bond No. C 768786 Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Sunram Construction, Inc. Capitol Indemnity Corporation 20010 75th Avenue North P.O. Box 5900 Corcoran, MN 55340 Madison, Wisconsin 53705 -0900 OWNER (Name and Address): City of Columbia Heights, MN • 637 - 38th Ave NE Columbia Heights, MN 55421 -3806 • CONSTRUCTION CONTRACT Date: October 9th, 2000 Amount $139,866.23 - One Hundred Thirty Nine Thousand Eight Hundred Sixty Six & 23/100 Description (Name and Location): City Project 9818 & 0012 - Retaining Wall Construction 53rd Avenue N.E., Arthur Street N.E., Jefferson Street N.E. - Columbia Heights, MN BOND Date (Not earlier than Construction Contract Date): October 18th , 2000 Amount: $139,866.23 - One Hundred Thirty Nine Thousand Eight Hundred Sixty Six & 23/100 Modifications to this Bond Form: None. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Sunram Construction, Inc. Capitol Inde to Co.;.oration Signature: Signature: Name and Title: Name and Title: M.A. ones Attorney - In - Fact CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: • EJCDC No. 1910 -28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America. Engineers Joint Contract Documents Committee. The Associated General Contractors of America, American Institute of Architects. American Subcontractors Association, and the Associated Specialty Contractors. Reprinted !0/90 CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF HENNEPIN On the 1 Rth day of October , 2000 , before me personally appeared , LEE W. SUNRAM to me, who being duly sworn, did depose and say: that s /he resides in MAPLE GROVE MN that s /he is the PRESIDENT of the Siinram Construction, Inc the corporation described in and which executed the foregoing instrument; that s /he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s /he signed her /his name thereto by like order. (SEAL) . _.. PAMELA BOETTCHER 1�:1•a �!:•7�'1► -- NOTARY PUBLIC • MINNESOTA ota P bl My Commission Expires Jan. 31, 2003 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF DAKOTA On the 18th day of October , 2000 _ before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s /he resides in the City of St. Paul, MN that s /he is the aforesaid officer or attorney in fact of Capitol Indemnity Cnrpnration a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and d-ed of said corporation. (SEAL) A ��- Notary Public KATHLEEN SORENSON • NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Jan. 31, 2005 if OD INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705 -0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705 -0900 PHONE (608) 231 -4450 • FAX (608) 231 -2029 POWER OF ATTORNEY No: 5 5 6 8 4.9 Know all men by these Presents, That the . CAPITOL - INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison Wisconsin, does make,' constitute and appoint • LITTON E.S. FIELD, LITTON E.S. FIELD-; JR., M.A. JONES, • . OR F.E. LAUNSTEIN ' its true and lawful Attorney(s) -in -fact; to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of NOT TO EXCEED $4,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: "RESOLVED, that the President, and Vice- President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice - presidents, assistant secretaries and attorneys) -in -fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is'attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at-any time." IN WITNESS WHEREOF, the „ CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1999. CAPITOL INDEMNITY CORPORATION Attest: i : /ft-IC-It-AC: okiminikt Virgiline M. Schulte, Secretary = : a CORPORATES a'6 SEAL ° - G eor . Fait, President STATE OF WISCONSIN COUNTY OF DANE JJ On the 1st day of June, A.D.,. 1999, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say that he resides in the County of Dane, State of Wisconsin, that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN \\6,,,, �onmWii " s// C COUNTY OF DANE } JANE ti * F * Jane F. Endres ENDRES Notary Public, Dane Co., WI., • y / . � ,c, \a ' � My Commission Expires, March 23, 2003 / /// p/ l l l l l l t t l \ \ \ \\ CERTI KATE . • I, the undersigned, duly elected to the" office stated below, now the incumbent in, in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate,`DO HEREBY 'CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the ' Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City-of Madison Dated the, 18th day of Octob 2000 llllllllp k ` \� \µ N171' / / / /. P 0 N . a CORPORATE 'F ' _ ' • SEAL Z Pau J: Bre ..:r Treasurer. 00111110 \ \ \ \ \\\\\ This power is valid only, if the power of attorney number printed in the upper right hand corner apears in red. Photocopies, copies. or other reproductions are not binding on the company. Inquiries concerning this power Of attorney may be directed_ to. the Bond Manager at the Horne Office of the Capitol Indemnity Corporation. Contractor's Business Name: Cnk. I tJC- Address: 2,00 eo iO 5 A ' ' . )o 'r-CF i vJ.J'TV . Phone No: - 7 le 3 14-zD 2_,t -4O Fax No: '7�,3 4') 3) BID FORM PROJECT IDENTIFICATION: CITY PROJECT NO. 9818 AND 0012 RETAINING WALL CONSTRUCTION BIDS TO BE OPENED: 10:00 A.M.- TUESDAY, OCTOBER 3, 2000 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 3 8 Tn AVENUE NE COLUMBIA HEIGHTS, MN 55421 Acsaingummaz 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 perfoiui 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 terns 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 alt the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknovvtedaed): Date Number (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 terns 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 with any agreement or miles 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: CITY OF COLUMBIA HEIGHTS "RETAINING WALL CONSTRUCTION" Unit Total No. Item Unit Quan. Price Price 1. Mobilization LS 1 8 33c c,).a S 3000, 00 2. Clearing and Grubbing LS 1 S 3CC C .) S 5000 ,0 0 3. Remove Stone Retaining Wall LF 46 8 UU S 36 f , OC) 4. Remove Timber Retaining Wall LF 614 S i0,00 S (040,00 5. Remove Curb and Gutter LF 33 S 10.00 8 :330 ,00 6. Remove Concrete Driveway SF 23 S (0,00 S i3 U,CO� 7. Remove Bituminous Pavement SY 128 8 8. Remove Bituminous Sidewalk SY 69 S 5 ,Q C S ..1 9. Sawcut Concrete LF 12 8 10.00 S 1ZO.O0 10. Sawcut Bituminous LF 1,197 S Z .0 S 2.-394-00C 11. Salvage Decorative Rock LS 1 S 3c ,t S .300 , of 12. Reinstall Saivaced Decorative Rocl LS 1 8 5CO, S 500 - 13. Aggregate Base Class 5 Ton 307 $ �, �� $ 5ai`I. dC 14. Patch Bituminous Pavement SY 129 $ 55.00 $ 7 L, 9 J . Q 4 15. Construct Modular Block Retaining Wall SF 3,209 $ I L , CC $ 5 i i ,(CD 16. 4" Concrete Walk SF 1,446 $ G. C, $ °7 7 56,a 17. Concrete Curb and Gutter LF 1,191 $ 1 C .) $ ZI A .CO 18. Concrete Median SY 97 $ C2) $ .3E) 8c ,(D 19. 6" Concrete Driveway SY 7 $ 55. (5 $ 3b5.‘50 20. Landscape Edging - Commercial Grade LF 20 $ 1, 75 $ 35. CD 21. Install Hand Rail LF 216 $ 51.00 $ it i '232. 22. Shrub, Red Osier Dogwood 18" Shrub 100 $ Z.( 4() $ ZC,, 40 , CSC 23. Shrub, Dwarf Bush Honeysuckle 18" Shrub 30 $ `L.h; , 4t) $ .19 L- .OQ 24. Shrub, Shrub Roses 16" Shrub 30 $ -40 $ 1 y z. -O 0 25. Shrub, Anthony Waterer Spirea 18" Shrub 30 $ Zie 40 $ `1 2. .0 ) 26. Shrub, Abbotswood Potentilla 18" Shrub 30 $ Zip .4-0 $ `7 y 2.-CO 27. Shrub, Goldfinger Potentilla 18" Shrub 30 $ "2_.7 , `.i0 $ 8 Ls , Jt) 28. Hosta, Variegated #1 Gal Pot Plant 12 $ a Ic0 $ 34.3 29. Sodding Type Lawn SY 11 $ Z i; • cD $ 30. Wood Fiber Blanket SY 78 $ .5. 0t $ 3 .CD 31. Select Topsoil Borrow (L.V.) CY 242 $ 1 $ o4 «) 32. Mulch Material Type 6 SF 3,654 $ O . Z - $ (0 2 - 3 , (z-- 33. Landscape Fabric - Weed Barrier SF 3,681 $ O. 1) $ 404- TOTAL BID S 135 1 b z_3 0 LkAr:k.,34R r)ir\54_, cv Total Bid Written In Words AAl(xm lx) - i -thxzoL �. Quantities are indicated for the convenience of the Bidder. Final payment will be based on actual quantities. 11 5. BIDDER agrees that the Work will be completed as follows: • RETAINING WALL CONSTRUCTION CITY PROJECT 9818 AND 0012 • All work for project 0012 must be completed by November 20, 2000 and all work for project 9818 must be completed by June 30, 2001. • Final inspection by November 30, 2000 for project 0012 and July 13, 2001 for project 9818, in accordance with Paragraph 14.06 of the General Conditions. • BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of the BID. (a) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. (b) The contractor will 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: (a 3 , 2000. 1) If BIDDER is: AN INDIVIDUAL By (SEAL) (Individual's Name) Doing Business As Telephone No: A PARTNERSHIP B (SEAL) (Firm Name) (General Partner) Business Address: Telephone No.: (Continued on next page.) 13 A CORPORATION pp By �l,'112A►" C>rvYC� ,�� C (SEAL) (Corporation Name) �� 1" \Z (State of Incorporation) By L... . n (Name of Person Authorized to Sign) (Title) ATTEST: / . (Secretary) Business Address: 2- 0 'TS i \.1 10 . 1 55.3 4-0 Telephone No. � (� 4-aD 2. --t 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. 1' STATE OF M 1 . COUNTY OF t nn . AFFIDAVIT OF NON- COLLUSION: (1) That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf (if the BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. BIDDER �0 n✓cv , --k 0.-C r\-/)--Rr Lc_. FIRI\'I MAKING BIDS Subscribed and sworn to before me this `E day of 0 C , 2000. , — _ 3)..D\_. _ bL4,,,, , , , NAIE OFFICIAL TITLE brwr"'..w. . PAMELA BOETTCHER NOTARY PUBLIC - MINNESOTA w'o"°"'"'o"'""'"" F > My Commission Expires Jan. 31, 2005 ....,...w...+..4. ;: .neeo.,nT0•44,"no.. " ,, . ,,,,,.. 1 ACORD CERTIFICATE OF LIABILITY INSURANCE ioii�i2000 PRODUCER (651)227 - 8405 FAX (651)227 - 0507 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION T. C. Field &Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 530 North Robert Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 64016 St. Paul, MN 55164 INSURERS AFFORDING COVERAGE INSURED Sunram Construction, Inc. INSURER A: General Casualty Co of WI Lee Sunram INSURER B: State Fund Mutual Insurance Co 20010 75th Avenue North INSURER C: Corcoran, MN 55340 INSURER D: 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDIYY M/ DATE (MDD/YYI GENERAL LIABILITY CCX 0315 502 04/01/2000 04/01/2001 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 200,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 PROT I 1 I — 1 POLICY X - I I LOC JEC AUTOMOBILE LIABILITY CBA 0315 502 04/01/2000 04/01/2001 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 500,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY CCU 0315 502 04/01/2000 04/01/2001 EACH OCCURRENCE $ 3,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 3,000,000 A $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND 010808.205 04/01/2000 04/01/2001 X ORY LAM TS OT EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 500,000 B E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500 , 000" " OTHER CIM0315502 04/01/2000 04/01/2001 $310,944 Scheduled Equipment Contractors Equipment A and Bldrs Risk $5,000 Rented Equipment $50,000 Bldr Risk /Installation DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 2000 Retaining Wall Construction City Project NOS.9818 and 0012 CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Of Columbia Heights BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 637 -38th Ave NE OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Columbia Heights, MN 55421 -3806 AUTHORIZED REPRESENTATIVE Carole Matson /MATSON ACORD 25 -S (7/97) © ACORD CORPORATION 1988 CHANGE ORDER NO. 1 Project: Retaining Wall Construction City Project: 9818 and 0012 Owner: City of Columbia Heights Date of Issuance: August 13, 2001 637 38 Avenue N.E. Columbia Heights, MN 55421 Contractor: Sunram Construction, Inc. Engineer: City Engineer 20010 75 Avenue North Corcoran, MN 55340 You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 139,866.23 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: $ 139,866.23 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 18,320.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 158,186.23 Reco nded Approved By: By: lam. Ci ngi (Contractor Approv:t By: Approved By: Date of Council Action ! d �! ,I `4 g / i 3 J J y/ II ' ary Peters ∎ n, Mayor Walter Fehst, City Manage ICI Attachment to Change Order No. 1 City Project 9818 and 0012 Owner: City of Columbia Heights Contractor: Sunram Construction, Inc. Project: Retaining Wall Construction Description of Changes: Construct modular block retaining wall in accordance with the specifications for 2000 Retaining Wall Construction and the plan titled "Retaining Wall, West of Wargo Court", dated June, 2001. Item No. Item Description Unit Quantity Unit Price Est. Total Price 1 Remove block retaining wall S.F. 576 $ 8.00 $ 4,608.00 2 Remove bituminous pavement S.Y. 44 $ 5.00 $ 220.00 3 Salvage chain link fence L.F. 112 $ 5.00 $ 560.00 4 Reinstall salvaged chain link fence L.F. 112 $ 10.00 $ 1,680.00 5 Construct mod. block retaining wall S.F. 672 $ 16.00 $ 10,752.00 6 Construction Contingency L.S. 1 $ 500.00 $ 500.00 TOTAL CHANGE ORDER NO. 1 $ 18,320.00 r CHANGE ORDER NO. 3 Project: Retaining Wall Construction City Project: 9818 and 0012 Owner: City of Columbia Heights Date of Issuance: January 7, 2002 637 38 Avenue N.E. Columbia Heights, MN 55421 Contractor: Sunram Construction, Inc. Engineer: City Engineer 20010 75 Avenue North Corcoran, MN 55340 You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 139,866.23 Previous Change Orders No. 1 to No. 2 Net Change from Previous Change Order: $ 22,820.00 N/A Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 162,686.23 Net Increase of this. Change Order 3: Net Increase (Decrease) of Change Order: $ 8,760.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 17 446.23 Reco e ded Approved BY: /& 1 /.aik • A-.4 By: L. l 3 - C ngin -er 1 (Contractor) Approved C�•/' Approved By: Date of Council Action #2,1. n Gary eters , Mayor Walter Fehs , City M.nager 1 ' 7. Attachment to Change Order No. 3 City Project 9818 and 0012 Owner: City of Columbia Heights Contractor: Sunram Construction, Inc. Project:Retaining Wall Construction Description of Changes: Staff underestimated the amount of bituminous pavement that would need to be removed and patched in order to install the curb and gutter around the Jefferson divide with a machine. Staff estimated a 1' width around the divide. The actual width was 2.5'. Item No. Item Description Unit Quantity Unit Price Est. Total Price 7 Remove Bituminous Pavement S.Y. 146 $ 5.00 $ 730.00 14 Patch Bituminous Pavement S.Y. 146 $ 55.00 $ 8,030.00 TOTAL CHANGE ORDER NO. 3 $ 8,760.00 CHANGE ORDER NO. 2 Project: Retaining Wall Construction City Project: 9818 and 0012 Owner: City of Columbia Heights Date of Issuance: November 13, 2001 637 38"' Avenue N.E. Columbia Heights, MN 55421 Contractor: Sunram Construction, Inc. Engineer: City Engineer 20010 75 Avenue North Corcoran, MN 55340 You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 139,866.23 Previous Change Orders No. 1_ to No. Net Change from Previous Change Order: $ 18,320.00 N/A Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 158,186.23 Net Increase of this Change Order 2: Net Increase (Decrease) of Change Order: $ 4,500.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 162,686.23 Recom' e ded Approved By: ' P \ZL By: C'• ng'neer (Contractor) Arov-; By: , Approved B • Date of Council Action .� r/ /' ///3/ i Gary Peter /n, Mayor Walter Fehst, ity anager Attachment to Change Order No. 2 Attachment to Change Order No. 2 City Project 9818 and 0012 Owner: City of Columbia Heights Contractor: Sunram Construction, Inc. Project: Retaining Wall Construction Description of Changes: Furnish and install a 60 -inch tall black vinyl coated chain link fence, on the back of the north retaining wall, north of the pedestrian access from 46 -1/2 Avenue. Item No. Item Description Unit Quantity Unit Price Est. Total Price 1 F & I vinyl coated CL Fence L.F. 200 $ 22.50 $ 4,500.00 TOTAL CHANGE ORDER NO. 1 $ 4,500.00