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HomeMy WebLinkAboutContract 1602 � EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA, (hereinafter called OWNER) and PALDA & SONS (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: 2001 STREET REHABILITATION, ZONE 5 ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CITY PROJECT NO. 0102 • STREET RECONSTRUCTION • PARTIAL RECONSTRUCTION • MILL AND OVERLAY • WATER MAIN • STORM SEWER • SANITARY SEWER CITY PROJECT NO. 0017 AND 0018 • SITE GRADING • STORM SEWER ALTERNATE 1 • HDPE STORM SEWER PIPE ALTERNATE 2 • RESIDENTIAL CONSTRUCTION 22 • ALTERNATE 3 ■ 40 AVENUE STORM SEWER ALTERNATE 4 • 43r AVENUE SANITARY SEWER 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. 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 September 28, 2001 for City Project No. 0009 and 0102 and November 2, 2001 for City Project No. 0017 and 0018, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before October 26, 2001 and November 30, 2001 for Project No. 0009 and 0102 and 0017 and 0018, respectively. 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 23 s 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. 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 24 • 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. 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 25 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. 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. i 26 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 29, exclusive, with each sheet bearing the general title Zone 5 and the City 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. 27 • 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). 28 • ' IT WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. . counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contrac. _ : uments have been signed or identified by OWNER and CONTRACTOR or on their behalf. A This Agreement will be effective on / ° , 2001 (which is the Effective Date of the Agreement). OWNER: CONT ' TOR: / / ed,7/eg ity M. nager a' ! ; �p / /f % _ � � Apr i l 11�' By: ✓ L• . "Ado G. Peterson, Mayor U/ oe& [CORPORATE SEAL HERE] [CORPORATE SEAL HERE] Attest-, _. _. Attest )0(,i vA, A. Address for giving notices: Address for giving notices: 14 YnI (If OWNER is a corporation, attach evidence 9� of authority to sign. If OWNER is a public License No. body, attach evidence of authority to sign and (Where applicab 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 Representative Designated Representative: Name: 161/1,11 i /VS EA/ , Name: // Title: ii/h(I C. e0 QCs �1 w • Title: Addres : 437 '3 d /4.6-A16 Address: ( L 4%'s. �i /i/ 2 / Phone: 76 a/74- - 3 7 03— Phone: Facsimile: 76 Facsimile: 29 Bond No. 929 174044 CONSTRUCTION PERFORMANCE BOND 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): Palda & Sons, Inc. American Casualty Company of Reading, PA 1462 Dayton Ave. 222 South 9th Street St. Paul, MN 55104 Minneapolis, MN 55440 OWNER (Name and Address): City of Columbia Heights. 637 38th Avenue NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Date: May 29, 2001 Amount: $1,188,597.83 Description (Name and Location): 2001 Street Rehabilitation, Zone 5 BOND Date (Not earlier than Construction Contract Date): June 4, 2001 Amount: $1,188,597.83 Modifications to this Bond . F orm: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) PALDA & SONS, IN AMERICAN CASUALTY CO ADING, Signature: C Signature: Name a • C . A940 Name and Title. Kurt C. Lundblad hetVjar Attorney —in —fact 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. 13 1, The Contractor and the Surety, jointly and severely, binds themselves, their 7. The Surety shall not be liable to the Owner or others for obligations of the heirs, executors, administrators, successors and assigns to the Owner for the Contractor that are unrelated to the Construction Contract, and the Balance of ' performance of the Construction Contract, which is incorporated herein by the Contract Price shall not be reduced or set off on account of any such reference. unrelated obligations. No right of action shall accrue on this Bond to any 2. If the Contractor performs the Construction Contract, the Surety and the person or entity other than the Owner or its heirs, executors, administrators, or Contractor shall have no obligation under this Bond, except to participate in successors. conferences as provided in Subparagraph 3.1. 8. The Surety hereby waives notice of any change, including changes of time, to 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise the Construction Contract or to related subcontracts, purchase orders and other after: .. obligations. 3.1 The Owner has notified the Contractor and the Surety at its address 9. Any proceeding, legal or equitable, under this Bond may be instituted in any described in Paragraph 10 below, that the Owner is considering declaring court of competent jurisdiction in the location in which the work or part of the a Contractor Default and has requested and attempted to arrange a work is located and shall be instituted within two years after Contractor conference with the Contractor and the Surety to be held not later than Default or within two years after the Contractor ceased working or within two fifteen days after receipt of such notice to discuss methods of performing years after the Surety refuses or fails to perform its obligations under this the Construction Contract. If the Owner, the Contractor and the Surety Bond, whichever occurs first. If the provisions of this Paragraph are void or agree, the Contractor shall be allowed a reasonable time to perform the prohibited by law, the minimum period of limitation available to sureties as a Construction Contract, but such an agreement shall not waive the defense in the jurisdiction of the suit shall be applicable. Owner's right, if any, subsequently to declare a Contractor Default; and 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered 3.2 The Owner has declared a Contractor Default and formally terminated to the address shown on the signature page. the Contractor's right to complete the contract. Such Contractor Default 11. When this Bond has been furnished to comply with a statutory or other legal shall not be declared earlier than twenty days after the Contractor and the requirement in the location where the construction was to be performed, any Surety have received notice as provided in Subparagraph 3.1; and provision in this Bond conflicting with said statutory or legal requirement 3.3 The Owner has agreed to pay the Balance of the Contract Price to the shall be deemed deleted here from and provisions conforming to such Surety in accordance with the terms of the Construction Contract in statutory or other legal requirement shall be deemed incorporated herein. The accordance wit the terms of the contract with the Owner. intent is that this Bond shall be construed as a statutory bond and not as 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall common law bond. promptly and at the Surety's expense take one of the following actions: 12. Definitions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and 12.1 Balance of the Contract Price: The total amount payable by the Owner complete the Construction Contract; or to the Contractor under the Construction Contract after all proper 4.2 Undertake to perform and complete the Construction Contract itself, adjustments have been made, including allowance to the Contractor of through its agents or through independent contractors; or any amounts received or to be received by the Owner in settlement of 4.3 Obtain bids or negotiated proposals for qualified contractors acceptable insurance or other claim s for damages to which the Contractor is to the Owner for a contract for performance and completion of the entitled, reduced by all valid and proper payments made to or on behalf Construction Contract, arrange for a contract to be prepared for of the Contractor under the Contraction Contract. execution by the Owner and the contractor selected with the Owner's 12.2 Construction Contract: The agreement between the Owner and the concurrence, to be secured with performance and payment bonds Contractor identified on the signature page, including all Contract executed by a qualified surety equivalent to the bonds issued on the Documents and changes thereto. Constitution Contract, and pay to the Owner the amount of damages as 12.3 Contractor Default: Failure of the Contractor, which has neither been described in Paragraph 6 in excess of the Balance of the Contract Price remedied nor waived, to perform or otherwise to comply wit the terms of incurred by the Owner resulting from the Contractor's default; or the Construction Contract. 4.4 Waive its right to perform and complete, arrange for completion, or 12.4 Owner Default: Failure of the Owner, which has neither been remedied obtain a new contractor and with reasonable promptness under the nor waived, to pay the Contractor as required by the Construction circumstances: Contract or to perform and complete or comply with the other terms 1. After investigation, determine the amount for which it may be thereof. liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner, or 2. Deny liability in whole or in part and notify the Owner, or 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional and written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety had denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Owner under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to committed by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction for defective work and completion of the Construction Contract. 6.2 Additional legal, design professional and delay costs resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. (FOR INFORMATION ONLY -Name, Address, and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer, or other party): 14 • • Bond No. 929 174044 • CONSTRUCTION PAYMENT BOND 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): Palda & Sons, Inc. American Casualty Company of Reading, PA 1462 Dayton Ave. 222 South 9th Street St. Paul, MN 55104 Minneapolis, MN 55440 OWNER (Name and Address): City of Columbia Heights, MN 637 38th Avenue NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Date: May 29, 2001 Amount: $1,188,597.83 Description (Name and Location): 2001 Street Rehabilitation, Zone 5 BOND Date (Not earlier than Construction Contract Date): June 4 , 2001 Amount: $1,188,597.83 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL-:- SURETY Company: (Corp. Seal) Company: (Corp. Seal) PALDA & SONS, INC AMERICAN CASUALTY •A'ANY OF • - • e Signature: Signature: _411 Name an e. " 1 Name and Ti e: Kurt C. Lundb lad 7( �� Q 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, and the American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. Reprinted 10/90 15 • 1. The Contractor and the Surety, jointly and severally, bind themselves, their Claimant under this Bond, and shall have under this Bond no obligations heirs, executors, administrators, successors and assigns to the Owner to to make payments to, give notices on behalf of, or otherwise have pay for labor, materials and equipment fumished for use in the obligations to Claimants under this Bond, performance of the Construction Contract, which is incorporated herein 10. The Surety hereby waives notice of any change, including changes of time by reference. to the Construction Contract or to related subcontracts, purchase orders " 2. With respect to the Owner, this obligation shall be null and void if the and other obligations. Contractor: 11. No suit or action shall be commenced by a Claimant under this Bond other 2.1 Promptly makes payment, directly or indirectly, for all sums due than in a court of competent jurisdiction in the location in which the work Claimants, and " or part of work is located of after the expiration of one year from the date 2.2 Defends, indemnifies and holds harmless the Owner from claims, (1) on which the Claimant gave the notice required by Subparagraph 4.1 demands, liens or suits by any person or entity whose claim, demand, or Clause 4.2 (iii), or (2) on which the last labor or service was performed lien or suit is for payment for labor, materials or equipment fumished under the Construction Contract, whichever of (1) or (2) first occurs. If for use in the performance of the Construction Contract, provided the the provisions of this paragraph are void or prohibited by law, the Owner has promptly notified the Contractor and the Surety (at the minimum period of limitation available to sureties as a defense in the address described in Paragraph 12) of any claims, demands, liens or jurisdiction of the suit shall be applicable. suits and tendered defense of such claims, demands, liens, or suits to 12. Notice to the Surety, the Owner or the Contractor shall be mailed or the Contractor and the Surety, and provided there is no Owner delivered to the address shown on the signature page. Actual receipt of Default. notice by Surety, the Owner or the Contractor, however accomplished, 3. With respect to Claimants, this obligation shall be null and void if the shall be sufficient compliance as of the date received at the address shown Contractors promptly makes payment, directly or indirectly, for all sums on the signature page. due. 13. When this bond has been furnished to comply with a statutory or other 4. The Surety shall have no obligation to Claimants under this Bond until: legal requirement in the location where the construction was to be 4.1 Claimants who are employed by or have a direct contract with the performed, any provision in the Bond conflicting with said statutory or Contract have given notice to the Surety (at the address described in legal requirement shall be deemed deleted here from and provisions Paragraph 12) and sent a copy, or notice thereof, to the Owner conforming to such statutory or other legal requirements shall be deemed stating that a claim is being made under this Bond and, with incorporated herein. The intent is that this Bond shall be construed as a substantial accuracy, the amount of the claim. statutory bond and not as a common law bond. 4.2 Claimants who do now have a direct contract with the Contractor: 14. Upon requests by any person or entity appearing to be a potential 1. Have furnished written notice to the Contractor and sent a beneficiary of this Bond, the Contractor shall promptly fumish a copy of copy, or notice thereof, to the Owner, within 90 days after this Bond or shall permit a copy to be made. having last performed labor or last furnished materials or 15. DEFINITIONS: equipment included in the claim stating, with substantial 15.1 Claimant: An individual or entity having a direct contract with the accuracy, the amount of the claim and the name of the party to Contractor or with a subcontractor of the Contractor to furnish whom the materials were furnished or supplied or for whom labor, materials or equipment for use in the performance of the the labor was done or performed; and Contract. The intent of this Bond shall be to include without 2. Have either received a rejection in whole or in part from the limitation in the terms, "labor, materials or equipment" that part of Contractor, or not received within 30 days of furnishing the water, gas, power, light, heat, oil, gasoline, telephone service or above notice any communication from - the Contractor by rental equipment used in the Construction Contract, architectural which the Contractor has indicated the claim will be paid and engineering services required for performance of the work of . directly or indirectly; and the Contractor and the Contractor's subcontractors, and all other 3. Not having been paid within the above 30 days, have sent a items for which a mechanic's lien may be asserted in the written notice to the Surety (at the address described in jurisdiction where the labor, materials or equipment were furnished. Paragraph 12) and sent a copy, or notice" therefore, to the 15.2 Construction Contract: The agreement between the Owner and the Owner, stating that a claim is being made under this Bond and Contractor identified on the signature page, including all Contract enclosing a copy of the previous written notice furnishing to Documents and changes thereto.. the Contractor. 15.3 Owner Default: Failure of the Owner, which has neither been 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor remedied nor waived, to pay the Contractor or to perform and or to the Surety, that is sufficient compliance. complete or comply with the other terms thereof. 6. When the Claimant has satisfied the conditions of Paragraph 4, the, Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment for any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owned by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contract that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or other party): 16 ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF: Minnesota COUNTY OF: Ramsey On this day, June 4, 2001, before me personally come(s) CR ly !?. .4k to me known, who, being by me duly sworn, deposes and says tha,t he /she resides in the City of Saint Paul, MN that he /she is the U/dgAri of the Palda & Sons, Inc. the corporation described in and which executed the foregoing instrument; that he /she knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he /she signed his /her name thereto by like order. , r - •� - ••.._RICHARD DUSHAW, JR. A dlid PearkW' ) , c -•*,- NOTARY Pi1BIJC • MINNESOTA Notary Public •' N1y Commission Expires Jan. 31, 2005 ACKNOWLEDGMENT OF SURETY STATE OF: Minnesota COUNTY OF: Ramsey On this day, June 4, 2001, before me personally come(s) Kurt C. Lundblad, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney -in -fact of the American Casualty Co. of Reading, PA a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. C-'441 "Igs-Ke,, 1 ,, r Notary Public l CHRISTINE M. HANSEN f = N OTARY PUBLIC • MINNESOTA r 0 My Commission Expires Jan.31, 2005 CH/ 96072 • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies "), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Richard J. Larsen, D. R. Dougherty, Jack Cedarleaf I1, Christine M. Hansen, Kurt C. Lundblad, C. A. Housh, Individually of St. Paul, Minnesota their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 9th day of April , 1999 • . CONTINENTAL CASUALTY COMPANY AlYbASl144 fir, � '4A + P "a'@P NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Q ` AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA + _ Z W c ofPaure ��: A eo • v yF deetflo. Z F 1ULr 11. / //t�� � J SEAL 190! 1897 wo • Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: • On this 9th day of April , 1999 , before me personally came Marvin J. Cashion, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Jo NOTARY pUIRIC /1°11/%bl aht Co. My Commission Expires March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this day of - II 4,,,� , 0 0/ CONTINENTAL CASUALTY COMPANY 910fr NATIONALFIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 1 "Y ¼ M Y3 1 z • OJ SEAL `c • 1897 (-4 ge4-6-41.-1243 l Mary A. Ribikawskis Assistant Secretary (Rev.10 /1 /97) Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of . the Company. "Article IX— Execution of Documents Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI— Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in- Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." iS•'•';�J•• 5:44 ... .. :1: ;1 :. .:t +I•.. 'f , ,v , ".i.tit.s e. r = +'.. •:t": .: '• � y •.. .. •• t . \•' J _ ; ��:�r ' . : �."a: . ►e�'.4. • �'S. •TL ^'. ._ .�: • r _ 1 T'Hdj?: �,�"ra' v .. • �. • ..,; 7 .• + �• .• _h.t� Vi• te r •.` ( � _ ��,.•1 f� ;:, • • .:.3rCu f t� ` r °):1 L•.. ,.a:':t.: .:: • :i' ;i, •x )'i:�y.� ?��, • ' ti.r!:y ':t, ".•:i fi r.. :* • • - 'ik > Contractor's Business Name: • • • • Address: • /40 ■24Y7124/ • • •;', Phone No:/G3` /60+ Fax No: �/ Gf.19 • • BID FORM • - PROJECT IDENTIFICATION: 2001 STREET REHABILITATION CITY PROJECT NUMBERS . 0009, 0017, 0018, AND 0102 BIDS TO BE OPENED: 10:30 A.M. - Wednesday, May 23, 2001 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 oT the following Addenda (receipt of all of which is hereby acknowledged): • • 10 • • • • Dat ' • • • ? • N • . . • /7/74Y d9/ 7A/D • • (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. • ' . {:' - - •' -4 ^- :; i psi' "' '. r- (f) BIDDER has correlated -the results -of 411 such observations, • • • • examinations, investigations, explorations, tests, reports and studies with the • • terms and-conditions of the Contract Documents. • • (g) BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER , • • (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement, or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for 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 PRICE(S): (See Attached Pages 13 through 17) Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual quantities. • • 12 • • , o' r' Y BID PROPOSAL FORM : . • . CITY OF COLUMBIA HEIGHTS .,. 2001 STREET REHABILITATION CITY PROJECT NUMBERS 0009, 0017, 0018, AND 0102 CITY PROJECT NO. 0009 AND 0102 (INCLUDING ADDENDUM 1) No. Item Unit Quantity Unit Price Amount 1 Traffic Control L.S. 1 $ /tom oo $ /0000. co 2 Mobilization L.S. 1 $ /37 oo. oo $ / q &o os 3 Clear and grub Inch 252 $ $ oho oo 4 Remove concrete curb and gutter L.F. 7,215 $ • 76 $ ..r+fe3ilo 5 Remove concrete cross drain S.F. 297 $ /./.$L $ 3.38.58 6 Remove concrete alley /apron S.F. 769 $ • 4 $ +'9a /4 7 Remove concrete driveway /apron S.F. 2,790 $ . 73 $ .•34.70 8 Remove concrete walk . S.F. 3,979 $ . /4' $ (9` 8Y 9 Remove bituminous pavement S.Y. 25,540 $ . Go $ /r.3.2400 10 Remove bituminous driveway S. 191 $ / £? $ 398 /8 11 Remove water main L.F. 1,515 $ / Oo $ A.(eoo 12 Remove hydrant lead L.F. 48 $ / oo $ l8ao 13 Remove sewer pipe L.F. 654 $ 3.32 $ .2121.28 14 Remove sanitary sewer MH Ea. 1 $ Hoa oo $ hive 00 15 Remove flap valve Ea. 2 $ JA % oo $ /ooa o0 16 Remove MH outside drop Ea. 1 $ 40. eve $ ■ro. 00 17 Remove catch basin Ea. 5 $ 3o0. oo $ /doe. oo 18 Remove C.L. rails/barb wire top L.S. 1 $ -9,Fer..20 $ 41020. & 19 Remove C.L. fence fabric L.S. 1 $ sc7co. co $ h/781? op 20 Remove C.L. gate Ea. 3 $ .2o? 00 $ 4. • eo 21 Remove C.L. fence posts Ea. 50 $ / oo $ O.oa 22 Sawcut concrete • • L.F. 326 $ 3-00 $ 978 00 23 Sawcut bituminous L.F. 2,544 $ aS0 $ L360.ov 24 Mill bituminous pavement S.Y. 14,659 $ •8R $ /.2,855' 25 Salvage hydrant Ea. 3 $ /oo. co $ 3o0 o0 26 Salvage MH or CB casting Ea. 6 $ .ra op $ 3o0.00 27 Salvage C.L. fence L.F. 50 $ AO-co $ .rev Go 28 Salvage bollards Ea. 5 $ /oo.00 $ .foo. Go 29 Temporary water service- 47 Ave L.S. 1 $ /000-oc $ loco. oo 30 Temporary water service- Monroe L.S. 1 $ /000.00 $ /000.00 31 Temporary water service- Jackson L.S. 1 $ 2000.00 $ ..2(700. 'no 32 Temporary water service - VanBuren L.S. 1 $ 20oo.00 $ J000.00 33 10" DIP water main L.F. 10 $ 'co. oo $ /coo. oo 34 8" DIP water main L.F. 1,893 $ p3.'9 $ 4 / 64 35 6" DIP water main or hydrant lead L.F. 68 $ ..6 $ f 90.0 36 Directional Drill 8" PE water main L.F. 200 $ go. oo $ 8o00- oo , 37 10" Gate valve and box Ea. 1 $ ,0 $ ,73.2oco 13 . -- . - • • - . . - - • . _ . No. Item Unit . Quantity Unit Price Amount . • 38 8" Gate valve and box Ea.. 14 $ /x'800 $ /° O0 39 6" Gate valve and box Ea. 12 $ /1i''J oo $ /7_-2_iov 40 Hydrant Ea. 4 $ 73/. oo $ 89•? 0o . 41 Offset 8" water main Ea. 1 $ a,2oo. oo $ 0 ,12.20.470 42 Water main fittings Lb. 1,800 $ 1 90 $ 3910.00 43 1" Corporation Ea. 50 $ 7/A $ 3.t fo. oo 44 1" Type K copper pipe L.F. 322 $ .400 $ G fco 45 Reconnect service Ea. 42 $ 92.8'.00 $ ..7.24Z 0 0 46 1" Curb box Ea. 8 $ /fO.00 $ /5f02oo 47 1" Curb stop Ea. 8 $ 8C00 $ deft co 48 Relocate curb box and stop Ea. 1 $ 200. oe $ Zoo. co 49 8" PVC sanitary sewer L.F. 654 $ - V3. 90. $ 2879989 50 4" PVC sanitary sewer wye Ea. 18 $ /87 00 $ 3-3/• po 51 4" PVC sanitary sewer riser /serviceL.F. 70 $ %f9 oo $ iA/.1a o0 52 42 "RCP -Arch Class V L.F. 16 $ /J /G $ De 53 42 " RCP -Arch Class 111 L.F. 52 $ /.0- /4 $ Z3 54 42" RCP - Class III L.F. 69 $ / /t3/ $ M8739 55 36" RCP - Class V L.F. 277 $ 8,Go $ 077 56 36" RCP - Class III L.F. 440 $ (orb. t'/ $ &20 Vo 57 18 RCP - Class III L.F. 22 $ f G4 $ /.2a.?..42 58 15" RCP - Class IV L.F. 77 $ .98 // $ 320 59 15" RCP - Class III • L.F. 78 $ %J' // $ .?7.1.?.cf 60 12" RCP - Class III L.F. 297 $ y'C ( $ /3/ 9%/� 61 12" PVC L.F. 6 $ /moo $ Ioo. o0 62 4" Perforated drain pipe L.F. 30 $ - cb $ /too. op 63 Concrete pipe collar L.S. 1 $ soo. c+0 $ 30o. oo 64 96" MH Type F with casting -, . Ea. 1 $ G2 /co $ 429, o' 65 84" MH Type E with casting Ea. 1 $ 7.7. 00 $ S'97.?oo 66 72" CB -MH Type D1 with casting Ea. 1 $ 249740 $ Jo P000 67 60" MH Type C with casting Ea. 1 $ e2/ 99 00 $ 99.00 68 60" CB -MH Type C1 with casting Ea. 2 $ ,-,2299.00 $ Y.r98 co 69 48" MH Type B with casting Ea. 2 $ /%9.00 $ 3998m 70 48" CB Type B with casting Ea. 1 $ ,- oNov $ 02of 71 2' x 3' CB Type X with casting Ea. 15 $ / /Woo $ /72af oo 72 External MH chimney seal w/ lid Ea. 11 $ ,?/O. ao $ 00 co 73 Internal MH chimney seal w/ lid Ea. 5 $ ,81:oo $ /4 -eco 74 Reconstruct MH top Ea. 1 $ .4e. w $ fov. oo 75 Reconstruct MH outside drop Ea. 1 $ goo. oo $ 8o0.o0 76 Reconstruct 48 "MN invert & bench Ea. 20 $ No 0o $ 400.00 77 Modify catch basin Ea. 1 $ 442n. oo $ co 78 Concrete drainage swale L.S. 1 $ t em. 00 $ I.Sio o0 79 Subgrade excavation C.Y. 5,963 $ 3.9'`t $ .73 99A 2a- 80 Granularborrow(CV) C.Y. 5,056 $ 44R7 $ o2i Z7. ' 81 Common excavation C.Y. 5,916 $ /0. 7/ $ * 14 • • • No ' Item • Unit Quantity • Unit Price . Amount 82 3 /a" Course filter aggregate Ton 1 $ ' 4 00 $ 83 Aggregate pipe bedding Ton 81 $ 0. $ Wooe co 84 Aggregate base class 5 Ton 11,999 $ ..f 9 / $ 442 7 #J'4 85 Bituminous wear course Ton 4,395 $ a'8 /.o $ /• c o 86 Bituminous binder course Ton 2,797 $ .2V..* $ 448- 87 Bituminous base course Ton 55 $ ,rh: $ 3.2i7fD 88 Bit leveling course/patching Ton 817 $ 3,f 7Z $ ..28.60.7-(' 89 Bituminous street patching Ton 5 $ /4 oo $ 7..s 4 ao 90 Patch bituminous driveway .. S.Y. 69 $ ,,?,f'�o $ /2i' Sa 91 Sawed/sealed joint L.F. 5,797 $ /. /2. $ 499.7 0 92 Tack coat Gal. 2,857 $ /- G.0 $ '5'7/f a r 93 Concrete curb and gutter L.F. 7,172 $ _e_,..___ . $ 44.N.* * 94 Concrete alley /apron S.F. 769 $ $ 8: 2-e 2 � 95 Concrete driveway /apron S.F. 2,224 $ 3, 80 $ P. ..10 96 Concrete walk S.F. 3,978 $ a? 80 $ / / /TN? 97 Install loop detector (45 Avenue) Ea. 1 $ /. (era oo $ /ADD• oa 98 Install C.L. fence corner /gate posts Ea. 8 $ 2 0.0o $ •?307o- az. 99 Install C.L. fence line posts Ea. 42 $ /. op $ `f.7 oc. 100 Install C.L. loop tops and top rail L.F. 1,600 $ /2 /b $ .2136o. ou 101 Paint posts and rails L.S. 1 $ / eD $ / o' 102 Install gate Ea. 2 $ PM/ oo $' '60 103 Install vinyl fabric w/ bottom cable L.F. 1,600 $ 9.8 7 $ Ast'2 au 104 Furnish privacy slats =edst fence line L.F. 600 $ g $ ,rn7o. co 105 Furnish top rail cover L.F. 600 $ .r o ne $ -3C PO. v. 106 Install bollards Ea. 14 $ %i2 s, $ 'Jove. o0 107 Reinstall salvaged fence L.F. 50 $ g0 00 $ /000.00 108 Reinstall salvaged bollards •, . Ea. 5 $ Soo-so $ .Csf000i 109 Shrub, 18" Ea. 10 $ /MW $ /000. 110 Sod with topsoil S.Y. 5,155 $ 3. oo $ / • o0 SUBTOTAL PROJECT 0009 AND 0102 $ / /arts' ?.& CITY PROJECT NO. 0017 AND 0018 No. Item Unit Quantity Unit Price Amount 1 Remove concrete curb and gutter L.F. 37 $ /0. Co S 370.0:7 2 Remove concrete driveway /apron S.F. 60 $ /j00 $ Goo. ce 3 Remove concrete walk S.F. 36 $ /o.0n $ Sfc• Lo 4 Remove bituminous driveway S.Y. 236 $ 3. oo $ 708'• 0o ; 15 A • No Item Unit • Q . Unit Price • . Amount . 5 Remove sewer pipe.% L.F. 42 $ /am $ •ilsga oo 6 Remove wood fence L.F. 140 $ ,..f-e4; $ `/90 co 7 Sawcut concrete L.F. 4 $ Jj uc $ /00 00 8 Sawcut bituminous L.F. 86 $ o?�v $ e? /.boo 9 12 " RCP -Class III L.F. 121 $ &f , $ .reefie 10 4" Perforated drain pipe L.F. 27 $ +0. Ay $ /080. oe 11 12" F.E.S. with trash guard Ea. 2 $ , Ka oo $ /AU. 00 12 24" Drainage CB with casting Ea. 2 $ 8'.g co $ /47* 00 13 Common borrow (LV) C.Y. 200 $ $ cam. oo 14 Common excavation C.Y. 400 $ 3 $ ' 2 ao 15 3 /." Course filter aggregate Ton 8 $ .;O.00 $ 0790.00 16 Aggregate base class 5 Ton 50 $ /,.ei. $ Zz4o 17 Bituminous wear course Ton 5 $ $ A2.4 00 18 Bituminous binder course Ton 5 $ p ga. oo $ .2fo oi) 19 Tack coat Gal. 10 $ 1 16sr $ / . 20 Concrete curb and gutter L.F. 37 $ /am $ +Woo 21 Sod with topsoil S.Y. 1,642 $ Sec $ 0 11:204 , 0 01 ea ie SUBTOTAL PROJECT 0017 AND 0018 $ .2t ®/8. - � • TOTAL BASE BID - $ �/g2 77 /` 3 ` 01 , e 77 taieciLatd 24 . 0 6434.vask...r.d.reaAiffe...1444 9 a Total base bid written in words , . ALTERNATE 1 HDPE STORM SEWER PIPE No. Item Unit Quantity. Unit Price Amount 1 TOTAL BASE BID $ i/�'? n/ ?a Deduct: 2 36" RCP L.F. 440 $ .a.4 ($ 0 2r i Voy6 ) 3 15" RCP L.F. 147 $ it ($ J917 ) 4 12" RCP L.F. 267 $ le 9.e ($ <?.248 Acs ) 16 • • - Add: . • • .5 36" HDPE L.F. ± 440 • $ • 3..117 23 . $ 4(.4147° � 6 15" HDPE • • '+ L.F. 147 $ .74.63 $ 3 9i7FN . 7 12" HDPE L.F. 267 $ 39.8.2. $ /063191 • • / Iio P4,7,0 TOTAL BID WITH ALTERNATE 1 $ // ?-? 42. 414,1449 "r4j P % — Total Bid with Alternate 1 Wntt•in Words • ALTERNATE 2 - RESIDENTIAL CONSTRUCTION With this alternate, Columbia Heights residents located adjacent to the construction project may purchase driveway or sidewalk construction services at their request at the City bid prices listed below. These purchases are to be a direct private agreement between the resident and contractor. The residents will be entitled to the same service, quality and price as guaranteed in the City bid. No. Item Unit Quantity Unit Price Amount 1 Remove bituminous driveway S.Y. 10 $ .6 $ 9..'oo 2 Remove concrete driveway S.F. 10 $ /. oo $ /O. oo 3 Remove concrete sidewalk S.F. 10 $ /. oo $ /o. oo 4 Remove concrete step S.F. 10 $ 3.20 $ -.Q 5 Aggregate base class 5 Ton 100 $ /740 $ /24,90 6 Bituminous driveway - f • S.Y. 10 $ .73. oo $ 023a c 7 Concrete driveway S.F. 10 $ 44449 $ 8 Concrete sidewalk • " S.F. 10 $ S. � $ J .00 9 Concrete step S.F. 10 $ 3No0 $ 3yboo 074,4f TOTAL BID ALTERNATE 2 $ 2 ' Fe vil /ds �1 Cefeq' 0 .4-Na7ov-- Total Bi lternate 2 Written in Words • 17 • . • • ' .C'a:J ;,� n b ''f..• .a•. a L 1 a. 4 • 5. BIDDER agrees that the Work will be completed as follows: • • CITY PROJECT NO. 0102 • STREET RECONSTRUCTION - • . PARTIAL RECONSTRUCTION • MILL AND OVERLAY • WATER MAIN • STORM SEWER • SANITARY SEWER CITY PROJECT NO. 0009 • FENCING CITY PROJECT NO. 0017 AND 0018 - • SITE GRADING AND RESTORATION • STORM SEWER • Final inspection by October 26, 2001 for City project 0009 and 0102 and final inspection by November 30, 2001 for City Project 0017 and 0018, 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: 0� "'" , 2001. 18 • • If BIDDER is: • AN INDIVIDUAL B (SEAL) (Individual's Name) Doing Business As Address _ Telephone No: A PARTNERSHIP B (SEAL) (Firm Name) - (General Partner) Business Address: •• Telephone No.: (Continued on next page.) 19 Y i • ° :`$. ' ..rig �f ° �. . • A CORPORATION By 7.;: SPAS e • (SEAL) (Corporation Name) (State of Incorporation) By /• a y e of P rson Authorized to Sign) r- (Title) ATTEST: e 4etary) Business Address: X ..44s/nV S $ ' i/L 17i✓ ff /O`� Telephone No. :_ i . a 63 /604 • 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. , ' 20 • • STATE OF /' /r•✓r✓FSoML • COUNTY OF MM /may 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 i• this affidavit. I r— /Cel,1-■ -- BIDDER 414.51 v �o. �•✓r FIRM MAKING BIDS • Subs ribed and sworn to before me this d •t3/Qa day of Mk/ , 2001. kwa 404pir • NAME A/P* 'c OFFICIAL TITLE RICHARD DUSHAW, JR. r .. 3 <:± \'' NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 21 • • , • Contractor's Business Name: � 0' s Address: /- 2J4-y70./ -E• Phone No: 0 /doef Fax No: 11 BID FORM FOR ADDENDUM 2 PROJECT IDENTIFICATION: 2001 STREET REHABILITATION CITY PROJECT NUMBERS 0009, 0017, 0018, AND 0102 BIDS TO BE OPENED: 10:30 A.M. - Wednesday, May 23, 2001 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 38 AVENUE NE COLUMBIA HEIGHTS, MN 55421 CITY PROJECT NO. 0102 - ALTERNATE 3 (40TH AVENUE) No. Item ,. Unit Quantity Unit Price Amount 1 Remove concrete curb and gutter L.F. 115 $ , 3' $ /Slo. fb 2 Remove bituminous pavement S.Y. 680 $ . 87 $ ,r9/ 4fl 3 Remove x -depth bit. (over 4 ") S.Y. 680 $ . g $ J9/ 4 Remove sewer pipe L.F. 278 $ 8.94 $ 02190.88 5 Remove manhole /catch basin Ea. 3 $ Sco.o0 $ 9an Op 6 Sawcut bituminous L.F. 180 $ $ fR o0 7 Mill bituminous pavement S.Y. 388 $ _,7 $ 774 8 Salvage MH or CB casting Ea. 3 $ �0. oo $ ,ltO. co 9 48" HDPE Pipe L.F. 60 $ kV. e1 $ 4k7 •Ga 10 30" HDPE Pipe L.F. 27 $ ff $ , i'3.Sy- 11 24" HDPE Pipe L.F. 149 $ .fir 8( $ .l'3'/. kc 12 15" HDPE Pipe L.F. 116 $ 33. 8z $ 3523 /2 13 60" MH Type C with casting Ea. 1 $ 3/81190 $ co 14 48" MH Type B with casting Ea. 1 $ /999. co $ /Qg9.00 15 48" CB Type B1 with casting Ea. 1 $ o ?o99QO $ 2o99cb 4 No. Item Unit Quantity Unit Price Amount 16 Mn/DOT 4021E CBwwith casting Ea. 2 $ 2vo. co $ *0 17 2' x 3' CB Type X with casting Ea. 1 $ 99'17'o $ 9I 18 Aggregate pipe bedding Ton 337 $ ..2'oo $ R/ <cm 19 Aggregate base class 5 Ton 62 $ /7.s0 $ /OB.f'oO 20 Bituminous wear course Ton 88 $ yboo $ 21 Bituminous binder course Ton 56 $ $ aVa f0 22 Bituminous base course Ton 336 $ e28,7( $ 944O op 23 Tack coat Gal. 68 $ $ /42. v 24 Concrete curb and gutter L.F. 115 $ ',goo $ /280- 25 Sod with topsoil S.Y. 26 $ /O oo $ . 2Go. oa *If& 30 SUBTOTAL ALTERNATE 3 $ 4.28 3a CITY PROJECT NO. 0102 — ALTERNATE 4 (43RD AVENUE) No. Item Unit Quantity Unit Price Amount 1 Remove bituminous pavement S.Y. 272 $ uo $ �V o0 2 Remove x -depth bit. (over 4 ") S.Y. 44 $ 2 oo $ 88 oo 3 Remove sewer pipe L.F. 240 $ 122.- $ 75G.8'o 4 Sawcut bituminous L.F. 33 $ $ R..2 -o 5 Mill bituminous pavement S.Y. 626 $ ' Oo $ i'v 6 10" PVC sanitary sewer L.F. 240 $ . '3S $ 7 Aggregate pipe bedding Ton 119 $ o?.S oa $ ,2975. c' 8 Aggregate base class 5 Ton 74 $ /7.0 $ 9 Bituminous wear course Ton 74 $ '/t2 e 0 $ °2960. a�a 10 Bituminous binder course Ton 22 $ 3a;"/ - 0 $ .S gy 11 Bituminous base course Ton 16 $ ,33 7.( $ 12 Tack coat Gal. 45 $ $ SUBTOTAL ALTERNATE 4 $ / C 5 SUMMARY FOR ZONE 5 STREET REHABILITATION PROJECT (RE -ENTER FROM BIDvFORM WITH ADDENDUM 1) 1. SUBTOTAL PROJECT 0009 AND 0102 $ / Jlo � �s- &r 2. SUBTOTAL PROJECT 0017 AND 0018 $ 0•?' /g. sa 77/ 3. TOTAL BASE BID $ x/9'2 77/7z 4. TOTAL BASE BID WITH ALTERNATE 1 $ / 23 5. TOTAL BID ALTERNATE 2 ONLY $ 0 (BID FORM FROM ADDENDUM 2) 6. SUBTOTAL ALTERNATE 3 $ f 02S e f: 7. SUBTOTAL ALTERNATE 4 $ / 9j'3. S�- 8. TOTAL BID WITH ADDENDA 1 AND 2 $ (ADD 3, 6, AND 7 TOGETHER) a Tiii.deterit X94-$440 >..�� .9 �- Total bid with addendum 1 and addendum 2 written in words 6 • ,. r • • American Casualty Co. of Reading, PA BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A -310 (FEB 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, THAT WE Palda & Sons, Inc. 1462 Dayton Ave. Saint Paul, MN 55104 as Principal, hereinafter called the Principal, and the American Casualty Co. of Reading, PA, a corporation duly organized under the laws of the State of Illinois, with Administrative Offices at 222 South 9th St., Minneapolis , MN 55440, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Columbia Heights, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5 of Amount of Bid - for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2001 Street Rehabilitation, City Proj. Nos. 0009,0017, 0018 & 0102 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this May 23, 2001 Palda & Sons, Inc. (Pr jncipal) (Seal) 416-44m the *war (Title) (Witn s) / 6. 'y 4,9 American Casualty Co. of Reading, PA , (Seal) (Witness) K C. Lundblad (Attorney -In -Fact) CH/ 94 923 AMER CASUALTY CO. OF READING, PA 222 South 9th St. Mpls, MN 55440 • ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF: Minnesota COUNTY OF: Ramsey On this day, May 23, 2001, before me personally come(s) /4144 to me known, who, being by me duly sworn, deposes and says tlat he/she resides in the City of Saint Paul, MN that he /she is the Via lOI S/4�,�j' of the Palda & Sons, Inc. the corporation described in and which executed the foregoing instrument; that he /she knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he /she signed his /her name thereto by like order. RICHARD DUSHAW JR, NOTARY PUBLIC - MINNESOTA Notary Public Commssion Expiras Jan. 31, 2005 ACKNOWLEDGMENT OF SURETY STATE OF: Minnesota COUNTY OF: Ramsey On this day, May 23, 2001, before me personally come(s) Kurt C. Lundblad, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney -in -fact of the American Casualty Co. of Reading, PA a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public CH/ 94923 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies "), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Richard J. Larsen, D.R. Dougherty, Jack Cedarleaf II, Christine M. Hansen, Kurt C. Lundblad, C.A. Housh, Individually of St. Paul, Minnesota their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 21st day of April , 1997 CONTINENTAL CASUALTY COMPANY - ?,� �Uy r. e 1' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD f t oMre 9 f { , % a AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA lug ° o SEAL y r9ot peel • 448P .// M.C. Vonnahme Group Vice President State of Illinois, County of Cook, ss: ' _ On this 21st day of April , 1997 , before me personally came M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resides in the Village of Darien , State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Jo q . - NOTARY PUBLIC iliallf%bl Ae.=, • k Co. My Commission Expires March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 3 ia4 day of /� , —Abe CONTINENTAL CASUALTY COMPANY is �c�YGU+I(7'} � A ' �, tS NATIONAL FIRE INSURANCE COMPANY OF HARTFORD e,,,), ? , y am A CASUALTY COMPANY OF READING, PENNSYLVANIA c twaure ' e� �w� 0 to .. ) SEAL ( . IV dR Robert E. Ayo Assistant Secretary (Rev.7/14/95) • Authorizing By -Laws and Resolutions • ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: • This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. _ "'A "Article IX— Execution of Documents Section 3. Appointment of Attomey -in -fact. The Chairrnan of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairrnan of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey -in -fact. • This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI— Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attomey -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey -in- fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attomey granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: • This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey -in- Fact." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." -... '.. t ' ,_.... -._ _ _- - - -_-=. _ -__6 4t0 -7.._-..-__ = 2 ''---- / °° : ".. 7 . .-': .:_014.:ps..:.::,.,, 1 P; I . • • 0.- - - . -- - - . ii.-.,,NN.m. - _ TUI�IIIifIIILLT1'TI'II71JITLJi u .11111 111111 1111111 4). r� l •;� �ttntautt u tttlmti 1111111111111' untuttnttmmur Vii.•, �, _1 'E-4• ' ` � s . ;` j ri :h am " ' ' . •�_ CE RTIFICATE H.ft: - � - __ ,r4, 4 � y -._ • � OF COMPLIA : = - ' ♦�fi1t 1 111 IITlTTTTTTTTTT flflI TllTffTrrrrrnTrrT 1�11�Iti111 \�- ; ^ \ t1111t11t11111t1�111tt11t11111111111ttt�111tt111�11111111tt. 1 • :.,,, The Palda & Sons, Inc. i s hereby cert ' b the Department � y � cf Human Rights, State of Minnesota, as having an affirmative action p(an approved b the � y Commissioner. This certification shall for two years b February 2, 2001 and is subject to revocation or suspension by the Commissioner of Human R ' Fits for r f f a il ure to make a good faith effort to i mplement the affirmative action Can. 1' • ems„ G P,-.::...-.. Commissioner of Human Rights • ACCRD CERT1FI ± ATE:OF LIABILITY SURAN :CE::. �. ..#�ALDA. �, .::::•:.;::; 05/25/0 `:: PIIODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kelly Agency, Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 21128 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Paul 101 55121 -0128 COMPANIES AFFORDING COVERAGE • Linda L. Kuplic COMPANY Wane No. 651- 452 -5752 Raft. A General Casualty Companies INSURE COMPANY B STATE FUND MUTUAL COMPANIES Palda & Sons, Inc. COMPANY Mr. Jay Palda C 1462 Dayton Avenue COMPANY St. Paul MN 55104 -6308 D COV THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS LTR DATE (MM/DDIYY) DATE (MM/DD/IM GENERAL UABIUTY GENERAL AGGREGATE 82,000,000 A X COMMERCIALGENERALUABIUTY CCI 0311069 01 /01 /01 01/01/02 PRODUCTS - COMP/OPAGG $ 2,000,000 CLAIMS MADE El OCCUR PERSONAL & ADV INJURY 81,000,000 _ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 61,000,000 FIRE DAMAGE (Any one We) 8 100,000 MED EXP (Any one Peron) 8 5,000 AUTOMOBILE UABIUTY A X ANY AUTO CBA 0311069 01 /01 /01 01/01/02 COMBINED SINGLE UMIT 81,000,000 X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS IPer pew) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS IPOr accidOnt) PROPERTY DAMAGE 8 GARAGE UABIUTY AUTO ONLY - EA ACCIDENT 8 ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT CO AGGREGATE 8 EXCESS UABIUTY EACH OCCURRENCE $5,000,000 A jJ UMBRELLA FORM CCI 0310069 01 /01 /01 01/01/02 AGGREGATE $5,000,000 OTHER THAN UMBRELLA FORM 8 WORKERS COMPENSATION AND X I TORY LIMITS I IV '::::,'':':::::::'::: <:.::' .': iiiiiiiiiiiiiiiii ::: EMPLOYERS' UABIUTY El. EACH ACCIDENT $1,000,000 B THE PROPRIETORI j INCL 16038.201 01 /01 /01 01/01/02 aISBB>•- POLICY UMIT 8 1,000,000 PARTNERS/EXECUTIVE — OFFICERS ARE: EXCL EL DISEASE • EA EMPLOYEE 81,000,000 OTHER A SCHEDULED EQUIP CCI 0311069 01 /01 /01 01/01/02 $1140000 LIMIT INCL RENTED LEASED $500 DEDUCTIBLE DESCRIPTION OF OPERATIONS /LOCATIONSNBICLES /SPECIAL ITEMS CITY OF CO)L)UUMBIAHEHEIGHTS REHABILITATION HILLTOOP WNER� & HANSEN, COVERAGE As RESPECTS THIS PRO NO ERRORS &OM SSIONS�COOVERA PROVIDED FOR ENGINEER. 10 DAY NOTICE FOR NONPAYMENT .::: v ti0i: �: • • :::•:: ": tii :::.:: iiiiiiiti9:•i :: " :::..:::::. :•.. :.... .::.: ":•:: ^i: ^i:Li:.r.: r iii: ii:v: is ^:.., 'S; \: �:. i . ... .. •:.iiJ:' {:�. •.i.:i. .....: . i�: ....:. .i:: •:::' :.i:':. i:':: CFAT11t CA, 7$: �t4Lq�.:.;:.>:•...:.::..: ...::;:.;•.;:.;::.,. :.;:...:; ....:...::::::::..:. ..:..:::::::::::: ••.:.CAN:CEU Tip..::::: .::.::::.;::;.:;;:.::::•:.:•:.. :�.;;.•.:::. .::...::.;::.:.:. :.. COLUM01 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, CITY OF COLUMBIA HEIGHTS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY 637 38TH AVENUE NE OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. COLUMBIA HEIGHTS MN 55421 AUTHORIZED REPRESENTATIVE – Linda L. Kuplic _1„ �> ::.:z•:: »:: >�::::: •;:<::::;. �'. �• �>:::>;:: . >:: »:: >:• >:: >::':::::r:::;:.. ...:::. ..:;.;:..::.;::;:.,..ACORD.CORP A CHANGE ORDER NO. 2 Project: 2001 Street Rehabilitation City Project: 0017, 0018, and 0102 Owner: City of Columbia Heights Date of Issuance: August 23, 2002 637 38 Avenue N.E. Columbia Heights, MN 55421 Contractor: Palda and Sons, Inc. Engineer: City Engineer 1462 Dayton Avenue St Paul, MN 55104 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: $ 1,188,597.83 Previous Change Orders No. 1 to No. Net Change from Previous Change Order: 1 $ 23,863.80 Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 1,212,461.63 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: 2 $ 42,590.06 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 1,255,051.69 N/A Reco a ded Approved V i e By: By. • EnginNer (. r. ' . r) Ap . -d : Approved By: Date of Council Action 946/4-z, . -40FS . /924. Gary Peterson, Mayor Walter Fehst, City Manager • Attachment to Change Order No. 2 City Project No. 0017, 0018, and 0102 Page 1 Owner: City of Columbia Heights Contractor: Palda and Sons, Inc. Project: 2001 Street Rehabilitation - Zone 5 Description of Changes: The City requested the following work: • Item No. 1 (Project 0102) Installation of 3 sewer and water services for proposed homes, as requested by Community Development Department. • Item No. 2 (Project 0102) Repair of catch basin and alley apron on 50 Avenue between Jefferson and Madison Streets. • Item No. 3 (Project 0102) Installation of 1 gate valve to serve the developments west of Central Avenue and south of 42 Avenue (private) and 2 gate valves to replace inoperable or leaking valves observed during construction (water department). • Item No. 4 (Project 0102) Additional patching of the extra depth bituminous base course on 43 Avenue. • Item No. 5 (Project 0102) Additional sod used in lieu of landscaping adjacent to Central Valu Mall and other miscellaneous locations project wide. • Item No. 6 (Project 0102) Removal of in -place material to facilitate construction of the retaining wall at Wargo Court. • Item No. 7 (Project 0102) Purchase of excess class 5 material stockpiled on the south side of Huset Park for Public Works use. Item No. Item Description Unit Quantity Unit Price Total Price 1 Sanitary sewer and water service Ea. 3 $ 3,130.00 $ 9,390.00 2 Catch basin replacement L.S. 1 $ 2,850.00 $ 2,850.00 3 8" Gate valve Ea. 3 $ 1,658.00 $ 4,974.00 4 Bituminous street patching Ton 18 $ 150.00 $ 2,700.00 5 Sod with topsoil S.Y. 350 $ 3.00 $ 1,050.00 6 Wargo court retaining wall excavation C.Y. 244 $ 3.94 $ 961.36 7 Class 5 Stockpile C.Y. 400 $ 3.75 $ 1,500.00 $ 23,425.36 FUNDING SOURCES: Private Water Construction Storm Construction State Aid Maint. Street Department Item 1 $9,390.00 Item 3 $3,316.00 Item 2 $2,850.00 Item 6 $961.36 Item 7 $1,500.00 Item 3 $1,658.00 Item 4 $2,700.00 $11,048.00 Item 5 $1,050.00 $6,600.00 , Y ,Attachment to Change Order No. 2 City Project No. 0017, 0018, and 0102 Page 2 Owner: City of Columbia Heights Contractor: Palda and Sons, Inc. Project: 2001 Street Rehabilitation - Zone 5 Description of Changes: The City requested the following work: • Item No. 8- 15 (Project 0102 — Alternate 4: 43` Avenue Sanitary Sewer Repair) An additional 90 feet of sanitary sewer was removed and replaced as part of the construction. This section of sewer was east of the alley on the north side of 43` Avenue. The bituminous street section in this area is 9" thick to accommodate truck traffic. The original quantities were based on the sanitary sewer being replaced west of the alley. The street section in this area is only 3" thick. Item No. Item Description Unit Quantity Unit Price Total Price 8 Remove bituminous pavement S.Y. 404 $ 2.00 $ 808.00 9 Remove x -depth bit. (over 4 ") S.Y. 180 $ 2.00 $ 360.00 10 Remove sewer pipe L.F. 90 $ 3.32 $ 298.80 11 12" PVC sanitary sewer L.F. 90 $ 33.88 $ 3,049.20 12 Aggregate base class 5 Ton 178 • $ 17.50 $ 3,115.00 13 Bituminous wear course Ton 74 $ 40.00 $ 2,960.00 14 Bituminous binder course Ton 218 $ 38.40 $ 8,371.20 15 Bituminous base course Ton 6 $ 33.75 $ 202.50 $ 19,164.70 FUNDING SOURCE: Sanitary Sewer Construction $19,164.70 TOTAL CHANGE ORDER NO. 2 $ 42,590.06