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HomeMy WebLinkAboutContract 2012 2456 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 Penn Contracting, 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: Argonne Sanitary Sewer Lift Station Improvements 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. 2011-2407 • Removal of existing lift station equipment and piping. • The existing lift station structure will be reused. The existing structure interior shall be sandblasted and coated as specified. • Furnish and install new suction lift pumps, piping and valves. • Remove existing controls and SCADA and furnish and install new controls and SCADA for the lift station as noted in the Contract Documents. There is a bid "add"item for the furnishing and installation of a new natural gas generator. • Bypass pumping will be required for this project. All pumping of sewage required for the changeover is the responsibility of the CONTRACTOR and shall be coordinated with the City of Columbia Heights. • Miscellaneous work to the existing manholes located in the street. • Miscellaneous site work, including concrete street repair, and landscaping work as noted in the contract drawings. 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. 20 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. Once work begins, the Work will be substantially completed within 30 days. Substantial completion shall be defined as the operation of the new lift station. All work shall be completed on or before November 15, 2012 and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence 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 $500.00 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 $500.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. In addition, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty), CONTRACTOR shall pay OWNER $500.00 for each day that expires after the following milestone: ♦ November 15, 2012 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. 21 As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and detemiinations 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. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may deteuiiine or OWNER may withhold including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and b. 95% of cost of materials and equipment not incorporated in the Work(with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall deteiniine 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. 22 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. 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. 23 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 infomiation 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. 24 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1.This Agreement (pages 20 to 27,inclusive). 2.Performance Bond (pages 1 to2, inclusive). 3.Payment Bond (pages 1 to 2, inclusive). 4.Other Bonds (pages to , inclusive). 5.General Conditions (pages i to49, inclusive). 6.Supplementary Conditions (pages 00700-51 to00700-58, inclusive). 7.Specifications as listed in the table of contents of the Project Manual. 8. Drawings for project 2407 consisting of sheets numbered 1 through 7, inclusive, with each sheet bearing the general title Argonne Drive Lift Station Improvements. 9.Addenda (numbers 1 to 1, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages 8 to 19, inclusive). b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages 1 to 2, inclusive). c. Bid Bond submitted at time of bid. 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 1 tol, 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. 25 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions (if applicable). 26 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 July 16, 2012(which is the Effective Date of the Agreement). OWNER: CONTRACTOR: 4 f�.f i _Penn Contrac g, Inc. Ater Fehst, its: anager ' Gary Pi. rson,Mayor Title:s , OPit °� [CORPORATE SEAL] [CORPORATE SEAL] / r Attest: c ,X Attest I u,. mit A: .....ii Title: C;+) .Q. \J _ Title: Address for giving notices: Address for giving notices: ci 0 `A. 011:---' A,r 13025 Central Ave., NE Q-A ; 1A-c--3 i s 141 11 Blaine,MN 55434 5 S 1121 (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: /'1Vhfl M/LC.SC/) Name: C\—)"Q dQ..NI k (°/Q iik.r Title: errY 6-/fl / i2rz_.- Title: Address: (p 3-7 33' 04 f-✓E /VET Address: \ b 5- C \)-AN NA dm-coy/73i n il ow-1-s 104) 551.11 f01.\lp k K.7 ,54-5A-t-Atf Phone: 24)3-706- 3 7 b 5" Phone: j"b 1 f-7 1 Facsimile: 7t' 3"70 - 3'7 0 Facsimile: $ r .?..--.t3k4c.C- 27 Contractor's Business Name: t° Address: 1302-S CV Z• Phone No: 9--k) j - 2i i I Fax No: BID FORM PROJECT IDENTIFICATION: ARGONNE SANITARY SEWER LIFT STATION CITY PROJECT NOs. 2011-2407 BIDS TO BE OPENED: 10:00 A.M. Thursday, June 28, 2012 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 - 38TH 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 form included in the Contract Documents to perfoini 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 teinis 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, 8 that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number l (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. 9 (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 LUMP SUM PRICE(S): (See Attached Pages 13 through 17) 10 • Bid Form for construction of: Argonne Sanitary Sewer Lift Station Improvements City Contract 2011-2407 City of Columbia Heights, Minnesota The undersigned declares that the only persons or parties interested in this Bid as principals are as stated;that the Bid is made without any collusion with other persons,firms,or corporations;that he has carefully examined all the Contract Documents as prepared by Bolton&Menk,Inc.;that he has informed himself fully in regard to all conditions pertaining to the Work and the place where it is to be done,and from them the undersigned makes this Bid. The Bid price covers all expenses incurred in performing the Work required under the Contract Documents,of which this Bid Form is a part. Note: Bids shall include sales tax and all applicable taxes and fees. The Bidder has based the following Total Project Base Bid Price upon providing the equipment and materials of the encircled manufacturers as listed in the Equipment/Materials Schedule attached to this Bid Form. Should Bidder fail to indicate which named manufacturer his Total Project Base Bid Price is based upon,the Bidder will supply the first-named manufacturer's equipment/material. Bidder has also indicated substitute equipment/materials that he proposes to be utilized in place of the encircled manufacturers'equipment/materials,subject to the following: 1. Allowance of"alternate"equipment does not constitute a waiver of the Specifications. If the Bidder desires to offer equipment by an"alternate"manufacturer instead of the"Basis of Bid" manufacturer,he shall indicate in the appropriate schedule the installed price of the"alternate" equipment along with the installed price of the"Basis of Bid"manufacturer. Additional "alternate"manufacturers,along with installed prices,can be listed on the sheet provided. 2. In order that the OWNER may determine if the proposed "alternate"manufacturer is a satisfactory substitute to that specified,the bidder shall submit one set of drawings,Specifications, full descriptive material,performance data and a detailed list of exceptions taken to the Specifications with the bid or to the ENGINEER in advance of the bid. Any revisions to structures,piping, mechanical, electrical,instrumentation and control or any other work necessary by such "alternate"equipment must be submitted for approval and the entire cost for such revisions shall be included in the installed price of"alternate." 3. The Engineer will review all proposed "Alternate" Manufacturer's equipment qualification submittals in a timely manner to determine conformance with the performance and technical requirements of this project. The Engineer will be the sole judge as to the comparative quality and suitability of such alternative equipment,products or other materials,and his/her decision shall be final. 4. If awarded a Contract on this project, all equipment items be guaranteed by the undersigned and his Surety to meet the performance requirements of the Contract Documents. 5. That all installed prices stated on the Equipment/Materials Schedule include the preparation and submittal of detailed drawings showing all modifications,if any,to the Contract Drawing necessary to accommodate such equipment and furthermore that all installed costs stated on the Schedule include complete operating installation,and the furnishing and installing of any and all change or additions in structures,piping,buildings,mechanical and electrical work, accessories and controls,necessary to accommodate the equipment. 6. The naming of a manufacturer in this specification is not an indication that the manufacturer's standard equipment is acceptable in lieu of the specified component features. Naming is only an indication that the manufacturer may have the capability of engineering and supplying a system as specified. All exceptions to the specifications shall be indicated in the shop drawing. This Proposal is submitted after careful study of the plans and specifications and from personal knowledge of the conditions to be encountered at the project site,which knowledge was obtained from the undersigned's own sources of information and not from any official or employee of the City of Columbia Heights, Minnesota. 11 If a discrepancy appears between the written and the numerical,the written words will be used as the quoted price. If an error appears in an extension or the addition of items,the corrected extension or total of the parts shall govern. In accordance with the above understanding,the undersigned proposes to perform the Work,furnish all materials, and complete the Work in its entirety in the manner and under the conditions required for the Lump Sum Contract Price(s)listed on the following pages. BID of WA■M\S CO)ki\AM 4) OTC.. ` _ . (Nahla of Bidder) 12 Schedule of Prices for Construction of: Error!Reference source not found. City of Columbia Heights,Minnesota Bidder agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: NOTE: BIDS shall include sales tax and all applicable taxes and fees. The CONTRACTOR shall include in the lump sum bid a construction allowance of$7,500. Any portion of this allowance not used at the end of the project shall be returned to the OWNER. TOTAL PROJECT BASE BID PRICE 1. Construction of all Facilities as shown on the Contract Drawings and as specified in the Contract Specifications. $ 2 ,1- 1 ©1 b b ( Lv\ vkk-C164 V■Yet_A-1Ao k N -'l ve.- Y\\, \f4V'C& LAN)C' DOLLARS) ADD ITEM A. Furnish and install one(1)natural gas driven generator as shown on the Contract Drawings and as specified in the Contract Specifications. $ 9-10 bin,00 (44 OPel-4/,q0 D0''44 y\V■ OLLARS) 13 EQUIPMENT/MATERIALS SCHEDULE INSTRUCTIONS A. Items in the following schedule have been designated as the major equipment and/or material items to be furnished. For each item,the Bidder must indicate which of the named manufacturer's equipment/material he intends to supply and upon which he developed his Total Project Base Bid Price. Such indication should be shown by circling the manufacturer's name. B. The Bidder shall encircle one,and only one,manufacturer's name for each item in the schedule. Should Bidder fail to indicate which named manufacturer his Total Project Base Bid Price is based upon,the Bidder will supply the first-named manufacturer's equipment/material. The prices for the circled equipment/materials schedule do not have to be furnished with the Bid. The lowest three bidders shall supply the equipment/material prices as requested by the ENGINEER. C. If the Bidder wishes to supply items by an un-named manufacturer,he may propose a substitute manufacturer and indicate the amount by which his Total Project Base Bid Price may be reduced,if the substitution is acceptable to the OWNER and Engineer. Substitute equipment/materials manufacturers will generally be considered provided that: 1. The substitute equipment is of equal quality,function and performance to the listed equipment item,and it will perform satisfactorily and continuously. In this case, it will be assumed that the cost to the Contractor,if the equipment proposed to be substituted is accepted,is less than the equipment named in the schedule,and, if the substitution is approved,the contract price shall be reduced a corresponding amount by a Change Order which will be executed simultaneously with the signing of the Agreement. The cost to be deducted from the Total Project Base Bid Price for acceptable substitute equipment shall be listed in the appropriate space on this equipment schedule. 2. The equipment or material proposed for substitution is superior in construction and efficiency to that named in the Contract. In this case,there may be no Total Project Base Bid Price reduction shown (indicated by a price of zero). 3. No substitute equipment will be considered unless, in the opinion of the OWNER,it conforms to the Contract Drawings and Specifications in all respects,except for make and manufacturer and minor details. 14 EQUIPMENT/MATERIALS SCHEDULE Specification Section and Equipment or Material Item Name of"Alternate"Manufacturer Equipment Item (circle one—if not circled,first and Amount of Deduct for item will be used) "Alternate"Manufacturer 11310 Gorman Rup 1. Above Ground Lift Station with Pump Con $ Duplex Self-Priming Pumps USEMCO Installed Price Add/Deduct 2. Installed Price Add/Deduct 16200 "Olympian"by Caterpillar 1. Power Generation System Cummins/Onan $ (Add Item) Installed Price Add/Deduct 2. $ Installed Price Add/Deduct 16950 1 Lift Station Controls Instrument Control Systems(ICS) $ Installed Price Add/Deduct 2. Installed Price Add/Deduct )(. 1\k'okr106k(°_ - 15 5. BIDDER agrees that the Work will be completed as follows: CITY PROJECT NO. 2011-2407 • Removal of existing lift station equipment and piping. • The existing lift station structure will be reused. The existing structure interior shall be sandblasted and coated as specified. • Furnish and install new suction lift pumps,piping and valves. • Remove existing controls and SCADA and furnish and install new controls and SCADA for the lift station as noted in the Contract Documents. There is a bid"add"item for the furnishing and installation of a new natural gas generator. • Bypass pumping will be required for this project. All pumping of sewage required for the changeover is the responsibility of the CONTRACTOR and shall be coordinated with the City of Columbia Heights. • Miscellaneous work to the existing manholes located in the street. • Miscellaneous site work, including concrete street repair, and landscaping work as noted in the contract drawings. Final inspection by November 15, 2012 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. (d) Section 00412—Project References 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: -J to J -- , 2012. 16 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.) 17 A CORPORATION BY Ve N IN COVN A-i'IV r�5 (` , (SEAL) (Corporation l' e,) ( V\il (Stag"f Incorpo�:tion) By , baciM\--JAVPAMIT (Name o t'erson Authorized to Sign) T ATTEST ,• i i �1; , /1 _ `etary) � Business Address 1 ?o 25 CQ\(\ A 'N W ' ' l0. \ 'W.s INN s-1S -1(± Telephone No. l t Itil 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. 18 STATE OF COUNTY OF AFFIDAVIT OF NON-COLLUSION: (1) That I am the BIDDER (if the bidder is an individual), a pa,tiler 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 my 71f regarding the accuracy of the statements Ate in this affid . Awl c BIDER :1 'IN ( NC FIRM MAKIN t DS TARA RENAE BUCKBEE Subscribed and sworn to before me NOTARY Pt,3LIC-MINNESOTA this 0-- A` . My Commission Expires Jan.31,2015 Z g d. . , 2012 ,, ,.: ', AME OFFICIAL TITLE 19 BEND A MUTUAL INSURANCE COMPANY* Bond Number 0856958 Bid Bond - Private Work KNOW ALL BY THESE PRESENTS, That We, Penn Contracting,Inc. as Principal, and WEST BEND MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Wisconsin and having its principal office in Middleton, Wisconsin, in said State, as Surety, are held and firmly bound unto City of Columbia Heights as Owner, in the full and just sum of Five Percent ( 5 %) of amount bid for the payment whereof said Principal binds its heirs, administrators, and executors and said Surety binds itself, its successors and assigns firmly by these presents WHEREAS, the said Principal has submitted to said Owner a bid or proposal for Argonne Sanitary Sewer Lift Station-CP Nos.2011 -2407 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if within Sixty days hereof and in accordance with said proposal a contract shall be awarded to said Principal, and said Principal shall enter into a contract for said work and shall furnish bond with surety as required for its faithful performance then this obligation shall be void, otherwise remain in full force and virtue. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the project. Signed and Sealed this 28 day of June 20 2012 Principal: Pe ontractiig,I . aw," 1ihg �.�� (SEAL) Witness: L4 ,r, Name Typed 1110 + Ti t e Surety: West Be, ut Ins - ampany By: 7� 1 (SEAL) Witne :. / N- ' e Typed: M.A.JON Attorney-In-Fact Title Agency Name: BEARENCE MANAGEMENT GROUP LLC Address: 2010 CENTRE POINTE BLVD. MENDOTA HEIGHTS MN 55120 Phone Number: (651)379-7800 MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. NB 0193 02 08 Page 1 of 1 8401 Greenway Blvd. Suite 1100 I Middleton,WI 53562 I Phone: (608)410-3410 I Fax: (877)674-2663 I www.thesilverlining.com CORPORATE ACKNOWLEDGMENT STATE OF nAM COUNTY OF (LIA.,acr, On the 28th day of June 2012 . before me personally appeared , IL' & , ,. / ; a _` me, who being duly shorn, did depose and say: that s/he resides in _S 0 tnIz , that s/he is the CQ.S( of the Penn Contracting, Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of s.*: :: .oration; and that s/he signed her/his name thereto by like order. R ir dip (SEA ;+ TARA RE►SAE BUCKBEE (`AA^- AMP /c`i_.)D- ' NOTARY PUBLIC-MINNESOTA Notary Public ' Z��. ;°.My Commission expires Jan.31,2015 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 28th day of June 2012 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of West Bend Mutual Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) '�°�°-'�"ta, NICOLE MARIE CO fY � # � . i + Notary Publi ,, CVotary Public-Minnesota . �,� MP �.FieH�.�� My Commission Expires Jan 37,2015 T BEND 0856958 A MUTUAL INSURANCE COMPANY. Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: M.A.JONES lawful Attorneys)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Six Million Dollars($6,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate-al to be hereto duly attested by its secretary th• 1st day arch,2009. Attest Olt // �` =. Ja J. Pa r �oRPO RAT ` Kevin A.Steiner 4 Se •tary :►-: SEALtii Chief Executive Officer/President State of Wisconsin 6) • County of Washington ....... On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal;that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. FytAAALP N F-pV�1%'••• * NOTARY :* ; John(F. Dwell 24`:, PUBLIC Executive Vice President-Chief Legal Officer •;yam:. ,: �s 2 ' Notary Public,Washington Co.WI yyis9 ' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 28 day of June , 2012 t•CORPORATE SEAL �_ Dale J. Kent 1•7k. ter:: :.r. 0° Executive Vice President- ' Chief Financial Officer Notice: Reproductions are not binding on the company. Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Grcenway Blvd. Suite 1100 i P.O. Box 620976 I Middleton,WI 53562 I ph (608) 410-3410 I www.thesilverlining.com 13025 Central Ave NE Blaine, Mn. 55484 763 767 2141 763 767 2545 Penn Contracting, Inc. penncontracting@msn.com July 2, 2012 Seth Peterson, PE Bolton and Menk, Inc. 12224NkoUetAve. Burnsville, Mn. 55337 Re: Columbia Heights,Argonne sanitary Sewer Lift Station Imp's. References/Similar Projects. Seth, Following are references/similar Projects. I have installed about 30 lift stations since I have been in business;starting in 1990.These are some of the most recent ones. Burnsville, Keller Lake Lift Station, $ 190,000 2010, Jeff Radick, PE; City 952 895 4418 Jon Minne, Barr Eng.218 262 8688 Capital Region Watershed Dist(Roseville)Gottfried Pit Lift Station, $ 380,000 2010 Daryl Kirschenman, PE Stantec 651 636 4600 Deb Bloom,City of Roseville 651 490 2200 Bob Fossum, PE,CRWD 612 209 1861 Plymouth, Pike Lake Lift Station;$400,000, 2009 Larry Bohrer, PE TKDA 651 292 4400 DNR, Fort Snelling State Park, Lift Stations $150,000 2009 Tim Bergquist, PE 051 335 4764 Forest Lake,LS Rehab.. $1,200,000; 2008° Mike Tate,City 651 755 1209 Mark Peterson,City 651 325 5066 Daryl Kirschenman,PE 651 636 4600 Brooklyn Park,Lift Sta#3 rehab; $ 100000 2008 Jon Watson, PE 763 493 8008 Chisago City, Karmel Ave LS $ 195,000 2007 Todd Blank, Dan Erickson SEH6514902OOO will include a copy of more job references,not necessarily lift station related. Regards, Dean Luxenburg Pres. 612 868 9462 ' ~ Penn Contracting, inc. 13025 Central Ave. NE • Suite 200 Blaine, MN 55434 I do work all over the Metro are,so I am familiar with suppliers,City personnel,project engineers, etc, The following are references(in no particular order). Layne Otteson, City of Fridley 763 238 8048 Jim Kosluchar ditto 763 571 3450 Jack Sullivan, City of Edina 952 927 8861 Chuck Price, City of W St Paul 651 552 4133 Jim Studenski, TKDA 651 292 4400 Larry Bohrer, TKDA 651 292 4590 Harlan Olson. Bonestroo 612 961 5466 Daryl Kirschenman, Bonestroo 651 604 4848 Dan Erickson, SEH 651 765 2996 Todd Blank, SEH 651 490 2017 Dolly Ludden, SPRWS 651 775 3029 I can provide more references, if neeeigmariL. L,iJ 7i..t..\ 4 Q Re rds, ,- Dean Luxenburg,Pres. 612 868 9462 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): Penn Contracting,Inc. 13025 Central Ave NE,Blaine,MN 55434-4150 West Bend Mutual Insurance Company 8401 Greenway Blvd,Ste 1100 OWNER(Name and Address): Middleton,WI 53562 City of Columbia Heights 590 40th Ave NE Columbia Heights ,MN 55421-3835 CONTRACT Date: 07/16/2012 Amount:$284,690 Description(Name and Location): Argonne Sanitary Sewer Lift Station Improvements BOND Bond Number: 0858589 Date(Not earlier than Contract Date): 07/16/2012 Amount: $284,690 Modifications to this Bond Form: NA Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Penn Contracting,Inc. 1, AL 4 Signature. 1E44 A t ai ti i ( ea West Bend Mutual Insu:n -'`Company (Seal) Name and Title: Surety's Nam: E 'd C orate Seal r ) By: „/ Signature and Title NA A.JON ,Attorney-In-Fact (Attach Power of Attorne (Space is provided below for signatures of additional parties,if required.) Attest: ' Signature and'iAle CONTRACTOR AS PRINCIPAL SURETY Company: Signature: !P (Seal) N ( A' (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No.C-610(2002 Edition) Originally 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. 00 61 13.13-1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 6. After Owner has terminated Contractor's right to complete the Contract, and if executors,administrators,successors,and assigns to Owner for the performance of the Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the responsibilities of Contract,which is incorporated herein by reference, 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 2. If Contractor performs the Contract, Surety and Contractor have no obligation the Contract. To a limit of the amount of this Bond,but subject to commitment by under this Bond,except to participate in conferences as provided in Paragraph 3.1. Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract,Surety is obligated without duplication for: 3. If there is no Owner Default,Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of Contractor for correction of defective Work and 3.1. Owner has notified Contractor and Surety, at the addresses described in completion of the Contract; Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with 6.2. Additional legal, design professional, and delay costs resulting from Contractor and Surety to be held not later than 15 days after receipt of Contractor's Default, and resulting from the actions or failure to act of such notice to discuss methods of performing the Contract. If Owner, Surety under Paragraph 4;and Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive 6.3. Liquidated damages, or if no liquidated damages are specified in the Owner's right,if any,subsequently to declare a Contractor Default;and Contract, actual damages caused by delayed performance or non- performance of Contractor. 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall 7. Surety shall not be liable to Owner or others for obligations of Contractor that are not be declared earlier than 20 days after Contractor and Surety have unrelated to the Contract,and the Balance of the Contract Price shall not be reduced or received notice as provided in Paragraph 3.1;and 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, 3.3. Owner has agreed to pay the Balance of the Contract Price to: administrators,or successors. I. Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change,including changes of time,to Contract or to related subcontracts,purchase orders,and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 9. 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 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly and located and shall be instituted within two years after Contractor Default or within two at Surety's expense take one of the following actions: 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 4.1. Arrange for Contractor,with consent of Owner,to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation the Contract;or available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2. Undertake to perform and complete the Contract itself,through its agents 10. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the address or through independent contractors;or shown on the signature page. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable 11. When this Bond has been furnished to comply with a statutory requirement in the to Owner for a contract for performance and completion of the Contract, location where the Contract was to be performed, any provision in this Bond arrange for a contract to be prepared for execution by Owner and conflicting with said statutory requirement shall be deemed deleted herefrom and Contractor selected with Owner's concurrence, to be secured with provisions conforming to such statutory requirement shall be deemed incorporated performance and payment bonds executed by a qualified surety equivalent herein. The intent is that this Bond shall be construed as a statutory bond and not as a to the bonds issued on the Contract, and pay to Owner the amount of common law bond. damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 12. Definitions. 4.4. Waive its right to perform and complete,arrange for completion,or obtain 12.1 Balance of the Contract Price: The total amount payable by Owner to a new contractor and with reasonable promptness under the circumstances: Contractor under the Contract after all proper adjustments have been made,including allowance to Contractor of any amounts received or to be I. After investigation,determine the amount for which it may be liable to received by Owner in settlement of insurance or other Claims for damages Owner and, as soon as practicable after the amount is determined, to which Contractor is entitled,reduced by all valid and proper payments tender payment therefor to Owner;or made to or on behalf of Contractor under the Contract. 2. Deny liability in whole or in part and notify Owner citing reasons 12.2. Contract:The agreement between Owner and Contractor identified on the therefor. signature page,including all Contract Documents and changes thereto. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, 12.3. Contractor Default: Failure of Contractor, which has neither been Surety shall be deemed to be in default on this Bond 15 days after receipt of an remedied nor waived,to perform or otherwise to comply with the terms of additional written notice from Owner to Surety demanding that Surety perform its the Contract. obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner 12.4. Owner Default: Failure of Owner,which has neither been remedied nor refuses the payment tendered or Surety has denied liability, in whole or in waived,to pay Contractor as required by the Contract or to perform and part,without further notice Owner shall be entitled to enforce any remedy available to complete or comply with the other terns thereof. Owner. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker Owner's Representative(engineer or other party) 00 61 13.13-2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): Penn Contracting,Inc. West Bend Mutual Insurance Company 13025 Central Ave NE.Blaine,MN 55434-4150 8401 Greenway Blvd,Ste 1100 OWNER(Name and Address): Middleton,WI 53562 City of Columbia Heights 590 40th Ave NE Columbia Heights MN 55421-3835 CONTRACT Date: 07/16/2012 Amount: $284,690 Description(Name and Location): Argonne Sanitary Sewer Lift Station Improvements BOND Bond Number: 0858589 Date(Not earlier than Contract Date): 07/16/2012 Amount: $284,690 Modifications to this Bond Form:NA Surety and Contractor,intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: �(�ea1) West Bend Mutual Ins aK ce Company, (Seal) Name and Title: Surety's Nam fl Co ore Seal By: "Tyi Am. c i Signature and Title M.A.JOt'E ,Attorney-In-Fact (Attach Power of Attorne (Space is provided below for signatures of additional parties,if required.) Attest: 4 °� Signature and Title"' CONTRACTOR AS PRINCIPAL SURETY Company: Signature: 1..N ( Pt' (Seal) I (Seal) Name and Title: Surety s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00 61 13.16-1 1. Contractor and Surety,jointly and severally, bind themselves, their heirs, 8: Amounts owed by Owner to Contractor under the Contract shall be used for executors, administrators, successors, and assigns to Owner to pay for labor, the performance of the Contract and to satisfy claims, if any, under any materials,and equipment furnished by Claimants for use in the performance of performance bond. By Contractor furnishing and Owner accepting this Bond, the Contract,which is incorporated herein by reference. 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, 2. With respect to Owner,this obligation shall be null and void if Contractor: subject to Owner's priority to use the funds for the completion of the Work. 2.1. Promptly makes payment, directly or indirectly, for all sums due 9. Surety shall not be liable to Owner, Claimants,or others for obligations of Claimants,and 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 2.2. Defends, indemnifies, and holds harmless Owner from all claims, have under this Bond no obligations to make payments to,give notices on behalf demands, liens, or suits alleging non-payment by Contractor by any of,or otherwise have obligations to Claimants under this Bond. person or entity who famished labor,materials,or equipment for use in the performance of the Contract,provided Owner has promptly notified 10. Surety hereby waives notice of any change,including changes of time,to the Contractor and Surety(at the addresses described in Paragraph 12)of Contract or to related Subcontracts,purchase orders and other obligations. any claims, demands, liens, or suits and tendered defense of such claims,demands,liens,or suits to Contractor and Surety,and provided 11. No suit or action shall be commenced by a Claimant under this Bond other there is no Owner Default. 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) 3. With respect to Claimants,this obligation shall be null and void if Contractor on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph promptly makes payment,directly or indirectly,for all sums due. 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 Construction 4. Surety shall have no obligation to Claimants under this Bond until: 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 4.1. Claimants who are employed by or have a direct contract with sureties as a defense in the jurisdiction of the suit shall be applicable. Contractor have given notice to Surety(at the addresses described in Paragraph 12)and sent a copy,or notice thereof,to Owner,stating that 12. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the a claim is being made under this Bond and,with substantial accuracy, addresses shown on the signature page. Actual receipt of notice by Surety, the amount of the claim. Owner,or Contractor,however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 4.2. Claimants who do not have a direct contract with Contractor: 13. When this Bond has been furnished to comply with a statutory requirement 1. Have furnished written notice to Contractor and sent a copy, or in the location where the Contract was to be performed, any provision in this notice thereof,to Owner,within 90 days after having last performed Bond conflicting with said statutory requirement shall be deemed deleted labor or last furnished materials or equipment included in the claim herefrom and provisions conforming to such statutory requirement shall be stating, with substantial accuracy, the amount of the claim and the deemed incorporated herein. The intent is that this Bond shall be construed as a name of the party to whom the materials or equipment were statutory Bond and not as a common law bond. furnished or supplied, or for whom the labor was done or perforated;and 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 2. Have either received a rejection in whole or in part from Contractor, permit a copy to be made. or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated 15. DEFINITIONS the claim will be paid directly or indirectly;and 15.1. Claimant: An individual or entity having a direct contract with 3. Not having been paid within the above 30 days,have sent a written Contractor, or with a first-tier subcontractor of Contractor,to furnish notice to Surety and sent a copy,or notice thereof,to Owner,stating labor, materials, or equipment for use in the performance of the that a claim is being made under this Bond and enclosing a copy of Contract. The intent of this Bond shall be to include without limitation the previous written notice furnished to Contractor. in the terms "labor, materials or equipment" that part of water, gas, power,light,heat,oil,gasoline,telephone service,or rental equipment 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to used in the Contract,architectural and engineering services required for Contractor or to Surety,that is sufficient compliance. performance of the Work of Contractor and Contractor's Subcontractors,and all other items for which a mechanic's lien may be 6. When a Claimant has satisfied the conditions of Paragraph 4,the Surety shall asserted in the jurisdiction where the labor, materials, or equipment promptly and at Surety's expense take the following actions: were furnished. 6.1. Send an answer to that Claimant,with a copy to Owner,within 45 days 15.2. Contract:The agreement between Owner and Contractor identified on after receipt of the claim,stating the amounts that are undisputed and the signature page, including all Contract Documents and changes the basis for challenging any amounts that are disputed. thereto. 6.2. Pay or arrange for payment of any undisputed amounts. 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 7. Surety's total obligation shall not exceed the amount of this Bond, and the complete or comply with the other terms thereof amount of this Bond shall be credited for any payments made in good faith by Surety. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker: Owner's Representative(engineer or other party): • 00 61 13.16-2 , CORPORATE ACKNOWLEDGMENT STATE OF CYLKI COUNTY OF OJA,ok_t, On the 16th day of July 2012 . before me personally appeared , ik, y_ + 4 e, who being duly orn, did depose and say: that s/he resides in ;i_ ', that s/he is the rq<,1 a -- of the Penn Contracting, Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of s.'• corps .tion. and tr,t s/he signed her/his name ther- • • ike order. ' ""` TARA RENAE BUCKBEE ( 1 SEAL ..�.. . lrJ1l_ _ (SEAL) `*�-�- ' NOTARY PUBLIC-MINNESOTA + � t� .1,-'-'My Commission Expires Jan.31,2015 • Pi,.lie ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 16th day of July i 2012 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of West Bend Mutual Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) _, Notary Publi• Ills ;�.f,"./ .ter w^ ariA,\A Jv`W/J\. f,,,,,,,,J°,,Vs. ''' �,-' Notary Public-Min fesota0 2015 M}G:ornrla ion Expiru.z;,Sa°1 31, 0858589 A MUTUAL INSURANCE COMPANY' Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: M.A.JONES lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Six Million Dollars($6,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate J al to be hereto duly attested by its secretary th 1st day arch, 2009. Attest 0, 4, Ja J. Pa F`.1 Kevin A.Steiner Se tary :r;9 SEAL.01F Chief Executive Officer/President State of Wisconsin .: County of Washington .. .... On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed,his name thereto by like order. *1 NOTARY *': Johnifwell a`; PUBLIC :-,wi Executive Vice President-Chief Legal Officer Notary Public,Washington Co.WI :OF wtSG ' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 16 day of July , 2012 .• J� ' 4, `--— - cam• - SEAL. 1 vi Dale J. Kent :r:9 � - Executive Vice President- Chief Financial Officer Notice: Reproductions are not binding on the company. Ariy'giaestions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Greenway Blvd. Suite 1100 I P.O. Box 620976 I Middleton,WI 53562 I ph (608) 410-3410 I www.thesilverlining.com AC ©® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) Leso. 7/17/2012 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). CN PRODUCER NAMEAC Michele Miller, CISR Bearence Management Group (A//CC,NNo.Ext): (800)797-2637 FAX No):(651)379-7801 2010 Centre Pointe Blvd E-MAIL ADDRESS:mmiller @bearence.com PRODUCER 00001868 CUSTOMER ID#. Mendota Heights MN 55120 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Cincinnati Insurance Companies INSURERa:Cincinnati Insurance Company 10677 Penn Contracting, Inc. INSURERC:SFM Mutual Insurance Company 11347 13025 Central Avenue NE INSURERD: Suite 200 INSURER E: Blaine MN 55434-4150 INSURER F COVERAGES CERTIFICATE NUMBER:CL1213114510 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 SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER JMM/DD/YYYYL IMM/DD/YYYYL LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 A CLAIMS-MADE X OCCUR EPP0062031 2/5/2012 2/5/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 X x,c,u GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_ $ 2,000,000 POLICY X ECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) EBA0062031 BODILY INJURY(Per person) $ B ALL OW 2/5/2012 AUTOS /5/2012 2/5/2013 SCHEDULED AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS PIP-Stacked $ 20,000 Underinsured motorist El single $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DEDUCTIBLE $ A X RETENTION $ 10,000 EPP0062031 2/5/2012 2/5/2013 $ C WORKERS COMPENSATION ,,,- STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500 OFFICER/MEMBER ry In NH)EXCLUDED? N/A (Mandatory 14384.214 2/5/2012 2/5/2013 ,000 If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project # 2011-2407: City of Columbia Heights and Penn Contracting, Inc. shall be named as Additional Insured in regard to the General Liability Form GA233 where required by written contract on a primary and non contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Columbia Heights ACCORDANCE WITH THE POLICY PROVISIONS. 637 - 38th Avenue NE Columbia Heights, MN 55421 AUTHORIZED REPRESENTATIVE M Miller, CISR/MILLER '- G4.c / - ,.jU-j=-L!/,,/ ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD SECTION 00510—NOTICE OF AWARD TO: Penn Contracting,Inc. 13025 Central Ave.NE Blaine,MN 55434 PROJECT DESCRIPTION: Argonne Sanitary Sewer Lift Station Improvements City Contract 2011-2407 OWNER'S NAME: City of Columbia Heights,Minnesota The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated June 4,2012,and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of$284,690.00. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER within fifteen(15) days of this,the 12th day of July 2012. You must deliver to the OWNER three(3)fully executed counterparts of the Agreement,including all the Contract Documents. Each of the Contract Documents must bear your signature. You must deliver with the executed Agreement acceptable Contract Security(Bonds),Certificate(s)of Insurance,and other required information. Within ten days after you comply with the above conditions,the OWNER will return to you one fully executed counterparts of the Agreement. Dated this 12th day of July,2012. Cit of Colu i,..is Hei h 4,Minnesota BY: � . •.� 14r .. TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by '�Q�/J 'e h ,,t.9 °" this,the 'C� day of l.kl\ ,20 BY: 4 TITLE: —Pte, M21.104158-Columbia Heights,MN NOTICE OF AWARD Argonne Sanitary Sewer Lift Station Improvements PAGE 00510-1 City Contract 2011-2407