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HomeMy WebLinkAboutContract 2011 2405 EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS,
MINNESOTA (OWNER) and SPS Infrastructure, Inc. (CONTRACTOR).
OWNER and CONTRACTOR, hereby agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Structural concrete floor, beam and column repair and waterproof coating of the Municipal
Service Center Maintenance Garage floor.
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:
2011 MUNICIPAL SERVICE CENTER MAINTENANCE GARAGE FLOOR
STRUCTURAL CONCRETE REPAIRS AND WATERPROOF COATING —
CITY PROJECT NO. 1108
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS'
ENGINEERING DEPARTMENT (ENGINEER), who is to act as OWNER's representative,
assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in
the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion
and readiness for final payment as stated in the Contract Documents are ofthe
essence of the Contract.
17
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before December 16, 2011,
and completed and ready for final payment in accordance with Paragraph 14.07 of the
General Conditions on or before December 30, 2011.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence as stated in
Paragraph 4.01 above and that OWNER will suffer financial loss if the Work is
not completed within the times specified in Paragraph 4.02 above, plus any
extensions thereof allowed in accordance with Article 12 of the General
Conditions. The parties also recognize the delays, expense, and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay
OWNER $250.00 for each day that expires after the time specified in Paragraph
4.02 above for Substantial Completion until the Work is substantially complete.
After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to
complete the remaining Work within the Contract Time or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for
each day that expires after the time specified in Paragraph 4.02 above for
completion and readiness for final payment until the Work is completed and
ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs below:
For all Work, at the prices stated in CONTRACTOR' s Bid, attached hereto as Exhibit
A.
As provided in Paragraph 11.03 of the General Conditions, estimated quantities are
not guaranteed, and determinations of actual quantities and classifications are to be
made by ENGINEER as provided in Paragraph 9.07 of the General Conditions. Unit
prices have been computed as provided in Paragraph 11.03 of the General Conditions.
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.
18
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR'S Applications for Payment on or about the fifteenth day
of each month during performance of the Work as provided in Paragraphs 6.02.A.1
and 6.02.A.2 below. All such payments will be measured by the schedule of values
established as provided in Paragraph 2.07.A of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event
there is no schedule of values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below less the aggregate of
payments previously made and less such amounts as ENGINEER may
determine or OWNER may withhold including but not limited to liquidated
damages, in accordance with Paragraph 14.02 of the General Conditions:
a. 90% 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 95% of the Work completed.
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 stipulated in Minnesota Statute 161.322.
ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents
and the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as
to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and
local Laws and Regulations that may affect cost, progress, and performance of the
Work.
19
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions
and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the
Site which has been identified in the Supplementary Conditions as provided in
Paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress,
or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including any specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Bidding Documents, and safety
precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at
the Contract Price, within the Contract Times, and in accordance with the other terms
and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
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 ofthe Work.
20
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 17 to 23 , inclusive).
2. Performance Bond (pages 1 to 2 , inclusive).
3. Payment Bond (pages 1 to 2 , inclusive).
4. Other Bonds (pages to , inclusive).
5. General Conditions (pages 1 to 49 , inclusive).
6. Supplementary Conditions (pages 00700 -50 to 0700 -56 , inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings consisting of R1 through R5, prepared by Buildings
Consulting Group, Inc.
9. Addenda (numbers to , inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. CONTRACTOR's Bid (pages 9 to 16 , inclusive).
b. Documentation submitted by CONTRACTOR prior to Notice
of Award (pages to , inclusive).
c.
11. The following which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
a. Notice to Proceed (pages to , inclusive).
b. Work Change Directives.
c. Change Order(s).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement
(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in Paragraph 3.04 of the General Conditions.
21
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General
Conditions and the Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under the Contract
Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions (f applicable).
22
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on September 27 , 2011 (which is the Effective Date of the
Agreement).
OWNER: CONTRACTOR:
4 .?,;(:: / , ;;10 - „0.- � J �A z ,,, ,... .f er Fehst, 1 ity Man. •e 1 , r
�- __ ..W By: �° fib
,
ary Peters nn Mayor Title: fe (- Ai 41114/4,154
[CORPORATE SEAL] [CORPORATE SEAL]
Attest s Irv' . ........... Attest: °
Title: Cam` � ..1 Title: f '�
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 Representative: Designated Representative:
Name: Name:
Title: Title:
Address: Address:
Phone: Phone:
Facsimile: Facsimile:
23
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):
SPS Infrastructure, Inc. Fidelity and Deposit Company of Maryland
7455 -T New Ridge Road 1400 American Lane, Tower I, 18th Floor
Hanover, MD 21076 -3143 Schaumburg, IL 60196 -1056
OWNER (Name and Address):
City of Columbia Heights
637 38th Avenue, NE
Columbus Heights, MN 55421
CONTRACT
Effective Date of Agreement: September 27, 2011
Amount: $154,212.00 One Hundred Fifty Four Thousand Two Hundred Twelve Dollars and 00/100
Description (Name and Location): Municipal Service Center Maintenance Garage Floor - Concrete
Repairs, Waterproof Coating
BOND
Bond Number: 9040118
Date (Not earlier than Effective Date of
Agreement): October 6, 2011
Amount: $154,212.00 One Hundred Fifty Four Thousand Two Hundred Twelve Dollars and 00/100
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
SPS Infrastructure, Inc. (Seal) Fidelity and Deposit Company of Maryland (Seal)
Contractor's Name and Co • • . to Seal Surety's Name . • : y •orate Seal
e r g n ature 4 ' ignature (Attach Power of Attorney)
Joconde Gaubert yp obert A. Chlada
Print Name Print Name
Secretary
Attorney -in -Fact
Title Title
Attest: � Attest: ' Q4 ( )S, 7 at '(,i 11 f
Signature Signature '
Patrick Potter, Treasurer Diane S. Loughry Witness
Title Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
EJCDC C -610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 1
Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by
reference.
1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to
participate in conferences as provided in Paragraph 2.1.
2. If there is no Owner Default, Surety's obligation under this Bond shall arise after:
2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that
Owner is considering declaring a Contractor Default and has requested and attempted to arrange a
conference with Contractor and Surety to be held not later than 15 days after receipt of such notice
to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor
shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive
Owner's right, if any, subsequently to declare a Contractor Default; and
2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete
the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor
and Surety have received notice as provided in Paragraph 2.1; and
2.3 Owner has agreed to pay the Balance of the Contract Price to:
1. Surety in accordance with the terms of the Contract; or
2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.
3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense,
take one of the following actions:
3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or
3.2 Undertake to perform and complete the Contract itself, through its agents or through independent
contractors; or
3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract
for performance and completion of the Contract, arrange for a contract to be prepared for execution
by Owner and contractor selected with Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and
pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the
Contract Price incurred by Owner resulting from Contractor Default; or
3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and
with reasonable promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to Owner and, as soon as
practicable after the amount is determined, tender payment therefor to Owner; or
2. Deny liability in whole or in part and notify Owner citing reasons therefor.
4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be
deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to
Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce
any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the
payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be
entitled to enforce any remedy available to Owner.
5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under
Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those
of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those
of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner
of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated
without duplication for:
EJCDC C -610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 oft
5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;
5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and
resulting from the actions of or failure to act of Surety under Paragraph 3; and
5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non - performance of Contractor.
6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner
or its heirs, executors, administrators, or successors.
7. Surety hereby waives notice of any change, including changes of time, to Contract or to related
subcontracts, purchase orders, and other obligations.
8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within
two years after Contractor Default or within two years after Contractor ceased working or within two years
after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature
page.
10. When this Bond has been furnished to comply with a statutory requirement in the location where the
Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common
law bond.
11. Definitions.
11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the
Contract after all proper adjustments have been made, including allowance to Contractor of any
amounts received or to be received by Owner in settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced by all valid and proper payments made to or on
behalf of Contractor under the Contract.
11.2 Contract: The agreement between Owner and Contractor identified on the signature page,
including all Contract Documents and changes thereto.
11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform
or otherwise to comply with the terms of the Contract.
11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor
as required by the Contract or to perform and complete or otherwise comply with the other terms
thereof.
FOR INFORMATION ONLY — (Name, Address and Telephone)Construction Risk Solutions, LLC
Surety Agency or Broker: 11311 McCormick Rd., Suite 450, Hunt Valley, MD 21031 -8622 443 - 798 -7499
Owner's Representative (Engineer or other party):
EJCDC C -610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 3 of 3
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of
SPS Infrastructure, Inc. Business):
7455 -T New Ridge Road Fidelity and Deposit Company of Maryland
Hanover, MD 21076 -3143 1400 American Lane, Tower I, 18th Floor
OWNER (Name and Address): Schaurnbur
City of Columbia Heights g, IL 60196 1056
637 38th Avenue, NE
Columbus Heights, MN 55421
CONTRACT
Effective Date of Agreement: September 27, 2011
Amount: $154,212.00 One Hundred Fifty Four Thousand Two Hundred Twelve Dollars and 00/100
Description (Name and Location): Municipal Service Center Maintenance Garage Floor - Concrete
Repairs, Waterproof Coating
BOND
Bond Number: 9040118
Date (Not earlier than Effective Date of
Agreement): October 6, 2011
Amount: $154,212.00 One Hundred Fifty Four Thousand Two Hundred Twelve Dollars and 00/100
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each
cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
SPS Infrastructure, Inc. (Seal) Fidelity and Deposit Company of Maryland (Seal)
Contractor's Name and Co • rate Seal Surety's Name and Co orate Seal
By '��' �;,_ By:
ignature ure (Attach Power of Attorney) wor.
Joconde Gaubert , " DEPp
*� d',„, Robert A. Chlada
Print Name 04. Ti nt Name
z
Secretary
IUD ttorney -in -Fact
Title = Title
_ , aka 007.-
A
/
ttest: - Attest: ktoit, �`& c .' 0
Signature Signature f
t
Patrick Potter, Treasurer Diane S. Loughry Witness
Title Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
{MW001504;1} EJCDC C- 615(A) Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 3
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use
in the performance of the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging
non - payment by Contractor by any person or entity who furnished labor, materials, or equipment
for use in the performance of the Contract, provided Owner has promptly notified Contractor and
Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and
tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to
Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner,
stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the
claim.
4.2 Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within
90 days after having last performed labor or last furnished materials or equipment included in the
claim stating, with substantial accuracy, the amount of the claim and the name of the party to
whom the materials or equipment were furnished or supplied, or for whom the labor was done or
performed; and
2. Have either received a rejection in whole or in part from Contractor, or not received within 30
days of furnishing the above notice any communication from Contractor by which Contractor had
indicated the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the
address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a
claim is being made under this Bond and enclosing a copy of the previous written notice
furnished to Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is
sufficient compliance.
6. Reserved.
7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the
Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner
accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are
dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use
the funds for the completion of the Work.
9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated
to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this
Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of or
otherwise have obligations to Claimants under this Bond.
{Mw001504;1) EJCDC C- 615(A) Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 3
10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related
subcontracts, purchase orders, and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one
year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3,
or (2) on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the
signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement in the location where the
Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common
law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor
shall promptly furnish a copy of this Bond or shall permit a copy to be made.
15. Definitions
15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier
subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without limitation in the terms "labor,
materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service,
or rental equipment used in the Contract, architectural and engineering services required for
performance of the Work of Contractor and Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or
equipment were furnished.
15.2 Contract: The agreement between Owner and Contractor identified on the signature page,
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor
as required by the Contract, or to perform and complete or otherwise comply with the other terms
thereof.
FOR INFORMATION ONLY — (N ame, Address, and Telephone)Construction Risk Solutions, LLC
Surety Agency or Broker: 11311 McCormick Rd., Suite 450, Hunt Valley, MD 21031 -8622 443 - 798 -7499
Owner's Representative (Engineer or other):
{Mw001504;1} EJCDC C- 615(A) Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee.
Page 3 of 3
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the r Sta:te f`Maryland, by FRANK E.
1
MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in purl. take f` 61 i ty <rranted by Article VI,
Section 2, of the By -Laws of said Companies, which are set forth on cj` d . the - ve 111orvof fncf � he reby certified to be in
full force and effect on the date hereof, does hereby nominatettaMat axipp0- t$Ie0k �?RtON, John W.
BOYER, Robert A. CHLADA, Cynthia M. CIA -RY,`ri. " - OA PT- �,Dni&. OURAND, Steven A.
DZURIK, JR., John J. MARKOTIC ootdiT i n' :CEO t 3. j L.-
I l shit Valley, Maryland, EACH its true and
1 4 Y
lawful agent and Attorney- iu. -Facrt" i<)C1 T xtetat lt sgal :4rOeI Vee; and on its behalf as surety, and as its act and deed: •
any and all bonds am t tie ktnO, uak-th` *o. W ` s1 such bonds or undertakings in pursuance of these presents, shall
he as binding upon siird €`ompa„nigS? J> ftand` amply, to all intents and purposes as if they had been duly executed and
acknowledged by the-- r9iir';lec,d officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attornc,ys re-Vdkes that issued on behalf of Joseph A. PIERSON, John W. BOYER, Robert A. CHLADA,
Cynthia M. CHARVAT, April O. COMPTON, Dennis C. OURAND, Steven A. DZURIK, JR., John J. MARKOTIC, Diane
S. LOUGHRY, dated February 2, 2010.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 7th day of January, A.D. 2011.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
0 PEPp rati),
t e ®
woos .g (4, o
�� SEAL
ro
°. iS 020,11A i
at A ttu /J, C =_ /;
By:
Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President
State of Maryland
ss:
City of Baltimore
On this 7th day of January, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2015
POA -F 025 -0056A
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the Business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the Business of the Company may require, or to
authorize any person or persons to execute on Behalf of the Company any ponds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that the Vice - President who
executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY'at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and
Binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this Ltd day of cif 1.6 ay(
Assistant Secretary
Accmat CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY)
10/14/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME: CONTACT Laura Oas
Construction Risk Solutions, LLC PHONE FAX
11311 McCormick Road (A/C, No, Ext): 443- 798 -7499 (A /c,No):443- 798 -7290
E -MAIL
Suite 450 ADDRESS: certificates @thecrsteam.com
Hunt Valley MD 21031 -8622 PRODUCER
CUSTOMER ID #:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED INSURERA:Natjonal Union Fire Ins Co Pittsbur 19445
SPS Infrastructure, Inc.
7455-T New Ridge Road INSURER B:New Hampshire Insurance Co 23841
Baltimore, MD 21076 INSURERC:Nat Union Fire Ins Co of Pitts 19445
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:650296192 REVISION NUMBER:
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.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM /DDIYYYY) (MM /DD /YYYY) LIMITS
A GENERAL LIABILITY 2449508 7/1/2011 7/1/2012 EACH OCCURRENCE $2,000,000
DAMAGE X COMMERCIAL GENERAL LIABILITY PREMISES O (Ea occurrence) $1,000,000
CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000
PERSONAL &ADV INJURY $2,000,000
GENERAL AGGREGATE _94,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $4,000,000
POLICY X WI' X LOC $
A AUTOMOBILE LIABILITY 3506359 7/1/2011 7/1/2012 COMBINED SINGLE LIMIT $2,000,000
X ANY AUTO (Ea accident)
BODILY INJURY (Per person) $
ALL OWNED AUTOS
BODILY INJURY (Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE
X HIRED AUTOS (
Per accident)
X NON -OWNED AUTOS $
C x UMBRELLA LIAB X OCCUR BE28360868 7/1/2011 7/1/2012
EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS -MADE
AGGREGATE $10,000,000
DEDUCTIBLE
X RETENTION $10,000
g WORKERS COMPENSATION 01588713 7/1/2011 7/1/2012 X WCSTATU- OTH-
AND EMPLOYERS' LIABILITY Y / N TORY LIMITS FR
ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $1,000,000
OFFICER /MEMBER EXCLUDED? N /A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS t LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required}
Re: Job No. 402922 - Columbia Heights Municipal Service Center
The City of Columbia Heights is included as additional insured with respect to all policies except
workers' compensation.
CERTIFICATE HOLDER CANCELLATION 30 days /10 days for non - payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Columbia Heights
Attn: Steve Synowczynski
637 38th Avenue, NE AUTHORIZED REPRESENTATIVE
Columbia Heights MN 55421
© 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
Contractor's Business Name: SPS Infrastructure, Inc.
Address: 69 Empire Dr.
St. Paul, MN 55103
Phone No: 651-280-4260
Fax No: 651-288-4751
BID FORM 11
PROJECT IDENTIFICATION: CITY PROJECT NO. 1108
MSC MAINTENANCE GARAGE FLOOR
STRUCTURAL CONCRETE REPAIRS
AND WATERPROOF COATING
BIDS TO BE OPENED: 10:00 AM — THURSDAY, SEPTEMBER 15, 2011
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 on the faun 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:
9
(a) BIDDER has examined copies of all the Bidding Documents and of the
following Addenda (receipt of all of which is hereby acknowledged):
Date Number
(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, tests, reports or similar information or data in respect of said
Underground Facilities are or will be required by BIDDER in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Paragraph 4.04 of the General
Conditions.
10
(f) BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of
the Contract Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that
it has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or
rules of any group, association, organization or corporation; BIDDER has not directly or
indirectly induced or solicited any other BIDDER to submit a false or sham Bid;
BIDDER has not solicited or induced any person, firm or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for 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:
(See attached Page 12)
Quantities are indicated for the convenience of the Bidder. Final payment will be based on actual
quantities.
11
CITY OF COLUMBIA HEIGHTS
2011 MUNICIPAL SERVICE CENTER MAINTENANCE GARAGE FLOOR
STRUCTURAL CONCRETE REPAIRS AND WATERPROOF COATING
UNIT
NO. ITEM UNIT QUAN. PRICE AMOUNT
101 Contractor's Overhead and Mobilization L.S. 1 $ $ 13,000.00
102 Miscellaneous Repair Allowance L.S. 1 $ 5,000.00 $ 5,000.00
104 Parking Striping L.S. 1 $ $ 1,010.00
301 Slab Repair (Less than 3 ") S.F. 700 $ 26.00 $ 18,200.00
303 Slab Repair (Full Depth) S.F. 300 $ 61.00 $ 18,300.00
315 Overhead/Vertical Concrete Patching (<4 ") S.F. 250 $ 68.50 $ 17,125.00
316 Overhead /Vertical Concrete Patching (4 " -8 ") S.F. 50 $ 97.30 $ 4,865.00
381 Install Shoring and Protection Incidental to other work
391 Reinforcing Steel — Epoxy Coated Lbs. 1,500 $ 2.75 $ 4,125.00
721 Repair Construction Joint /Crack Incidental to other work
752 Install Cove Seal Incidental to other work
763 Extra Heavy Duty Traffic Coating S.F. 18,000 $ 3.65 $ 65,700.00
1501 Supplemental Drains EA. 3 $ 979.00 $ 2,937.00
1502 New Pipes and Hangers L.F. 50 $ 79.00 $ 3,950.00
TOTAL BID $ 154,212.00
One Hundred Fifty Four Thousand Two Hundred Twelve Dollars & 00/100
Total Bid Written hi Words
12
5. BIDDER agrees that the Work will be completed as follows:
2011 MUNICIPAL SERVICE CENTER MAINTENANCE GARAGE FLOOR
STRUCTURAL CONCRETE REPAIRS AND WATERPROOF COATING
CITY PROJECT 1108
• Final inspection by December 9, 2011, 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: September 15th , 2011.
13
If BIDDER is:
AN INDIVIDUAL
By (SEAL)
(Individual's Name)
Doing Business As
Address:
Telephone No:
A PARTNERSHIP
By (SEAL)
(Firm Name)
(General Partner)
Business Address:
Telephone No.:
(Continued on next page.)
14
A CORPORATION
By SPS Infrastructure, Inc. (SEAL)
(Corporation Name)
Mar land
(State of Incorpor on
By Pete Wallace
(Name of Perso Aut yP to Sign)
Regional Manager
(Title)
ATTEST: Todd Butts
(Secretary) Estimator
Business Address: 69 Empire Dr.
St. Paul, MN 55103
Telephone No. 651-280-4260
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.
15
STATE OF Minnesota
COUNTY OF Ramsey
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 famished 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.
Pete Wallace
i
BI ! DE '`
SPS Infrastructure, Inc
FIRM MAKING BIDS
• MEGAN JOYCE GIBBINS 0
Subscribed and sworn to before me c 's Notary Public
this Minnesota
this 16 day of �� pf " , 201I. t My Commission Expires January 31, 2012 t
Irzy
. A 'JO 1 _ t L' li ly, A WAN I u4, i
OFFICIAL TITLE
16