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Contract No. 2015-2617
EJCDC STANDARD FORM OF AGREEMENT PNETWEEN OWNER AND CONTRACTOM, THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA (OWNER) and PETERSON COMPANIES, 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: 2014 STORM SEWER IMPROVEMENT PROJECT 9 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as grading, storm sewer improvements and turf establishment. 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 of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. Work on 2014 Storm Sewer Improvement Project shall be substantially completed on or before December 31, 2015. All other work will be substantially completed on or before May 15, 2016, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before June 1, 2016. 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: ♦ June 1, 2016 for 2014 Storm Sewer Improvement Project 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 not inclusive of Add Alternate 2. 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. 2 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 ofthe General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.13.5 of the General Conditions and less 5% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07. 3 ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate stipulated in Minnesota Statute 161.322. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9 ►RN9[tl a BLIM OU17 `►UI MET" I�Z�Z�lll►3i1�►`�'IE.9 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 8, inclusive). 2. Performance Bond (pages i to , inclusive). 3. Payment Bond (pages 1 to 4--) , inclusive). 4. Other Bonds (pages to , inclusive). 5. General Conditions (pages 1 to 49, inclusive). 6. Supplementary Conditions (pages 50 to 58, inclusive). 7. Specifications as listed in the table of contents ofthe Project Manual. 8. Drawings for project. 9. Addenda (numbers 1 to 2, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages 1 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. 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). 7 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 January 15 Agreement). OWNER: Gary Person, Mayor [CORPORATE SEAL] Attest: %^ Title: �,✓�� _ Address for giving notices: JA Cl a* . (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER - CONTRACTOR Agreement). Designated Representative: Name: Title: Address: Phone: Facsimile: 2015 (which is the Effective Date of the CONTRACTOR: Peterson Inc. By: - - -- 1 Jonathan M. Peterson. Presidei [CORPO Attest: Title: Address for giving notices: Peterson Companies, Inc. 8326 Wyoming Trail Chisago City, MN 55013 License No. N/A (Where applicable) Agent for service of process: Jonathan M. Peterson (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: Curt Peterson Title: Vice President Address: 8326 Wyoming Trail Chisaao Citv. MN 55013 651 -257 -0311 Facsimile: 651- 257 -3393 UNANIMOUS CONSENT TO JOINT ACTION OF THE BOARD OF DIRECTORS AND SHAREHOLDERS OF PETERSON COMPANIIS,. INC.. .Pursuant to .the provisions of Minnesota Statutes 302A, the following action is taken by the Board of Directors and Shareholders of Peterson Companies,. Inc. (the "Corporation "), by unanimous written consent, as :if a :meeting of the Board of Directors and ;Shareh..olders had been duly called pursuant to notice and the Shareholders and members of the Board. of Directors entitled to vote on the matters presented had been present and voting in favor of such action. There are 100,000 issued and currently outstanding shares: entitled to vote on the :matters presented herein ("Shares"), and the undersigned Shareholder is the holder of record of all. of .the Shares. on the date of this Unanimous Consent. RESOLVED, :that Jonathan K. Peterson, Curtis ... Peterson and Michael J. Peterson are appointed to the `Board of Directors and each shall continue to serve until their successor is duly elected and qualified or he is removed by the shareholders of the Corporation; and it is FURTHER RESOLVER, that the following named persons, are appointed to the offices set forth opposite their respective names,, to serve in that capacity until their.su.ccessor is duly elected and gua;li led: .President / Treasurer, Jonathan M. Peterson Vice President:; Curtis M.. Peterson Secretary :. Laurie Lyons The undersigned,, constituting the sole Shareholder of record of the Corporation entitled to vote on the matters presented herein and the sole member of the Board of Directors, has executed this Unanimous Consent .to Joint Action •of the Board of Directors and Shareholders, :effective April 21, 20:11. r Jona an M, Peterson, Shareholder & Director F:\QLIENTNUeats PTacrson Companies, Tne\2010`13uy-Sell Agreemenfi! I. 04.1i Unanimous Coaseot o Action of the'Hoard of Directors aad SUrehofdersIdoc ATTACHMENT A BID FORM Contractor's Business Name: Address: Phone No: Peterson Companies, Inc. 8326 Wyoming Trail Chisago City, MN 55013 651 - 257 -6864 Fax No: 651- 257 -3393 ADDENDUM i i! FORM ••1 i ) i C i s' i 1• k !, This bid is submitted to: 1 s ! : No ..;! ..1, 10 :00 A.M. — Wednesday January 7, 2015 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 form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. 2. BIDDER accepts al[ 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: ADDENDUM NO. 1 PAGE 1 (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 December 16, 2014 Addendum No. 1 December 19, 2014 Addendum No. 2 (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 ofsubsurface 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 ofparagraph 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. ADDENDUM NO. 1 PAGE 2 (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 PRICE(S): (See Attached Pages 4 through 6) Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual quantities. ADDENDUM NO. 1 PAGE 3 5. BIDDER agrees that the Work will be completed as follows: • REMOVALS • GRADING • LIFT STATION INSTALLATION • STORM SEWER • MISCELLANEOUS CONSTRUCTION Final inspection by June 1, 2016 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, Work Sequence (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: January 7 ; 2015. ADDENDUM NO.I PAGE 8 AN INDIVIDUAL Lo Doing Business As Address Telephone No, A PARTNERSHIP .0 Business Address Telephone No. (Continued on next page.) (Individual's Name) (Firm Name) (General Partner) ADDENDUM NO. I PAGE 9 (SEAL) (SEAL) By Peterson Companies Inc. (SEAL) (Corporation Name) Minnesota rporation) By , Jonathan M. Peterson (Name of Person Authorized to Sign) Chisago City, MN 55013 Telephone No. 651 - 257 -6864 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. STATE OF Minnesota ADDENDUM NO.1 PAGE 10 COUNTY OF Chisago 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(ifthe BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4) That I have fully informed} myself regarding the accuracy of the statements made in this affuiavXfl /� Peterson, BIDDER President Peterson Companies, Inc. FIRM MAKING BIDS Subscribed and sworn to before me this 7th day of January , 2044-.-15 urie M. Lyons % NAME Corporate Secro + CIAL TITLE nn: j LAURIE R. LYONS r� NOTARY PUBLIC - MINNESOTA MY Commission Expires January 3i, 2019 x ADDENDUM NO. I PAGE 11 UNANIMOUS CONSENT TO JOINT ACTION OF TBE BOARD OF DIRECTORS AND SHAREHOLDERS OF PETERSON COMPANIES,, INC. .Pursuant to the provisions of Minnesota Statutes 302A, the following action is taken by the Board of Directors and Shareholders of Peterson Companies, Inc. (the `'Corporation"), by unanimous written consent, as if a ;meeting of the Board of Directors and Shareholders had been duly called pursuant to notice and the Shareholders and members of the Board of Directors entitled to vote on the matters presented had been present and voting in favor of such action. There are 100,000 issued and currently outstanding shares. entitled to vote on the matters presented herein ( "Shares "), and the undersigned Shareholder is the holder of record of all of the Shares on the date of this Unanimous Consent. RESOLVED, ' that Jonathan—K. Peterson, Curtis M, Peterson and Michael J. Peterson are appointed to the 'Board of Directors and each shall continue to serve until their successor is duly elected and qualified or he is removed by the shareholders of the Corporation; and it is FURTHER. RESOLVED, that the following named persons are appointed to the offices set forth opposite their respective names,, to serve in that capacity until their successor is duly elected and qualified.: President ( Treasurer: Jonathan M. Peterson Vice President: Curtis M. Peterson Secretary* Laurie Lyons 'The undersigned,. constituting the sole Shareholder of record . of the Corporation entitled to vote on the matters presented herein and the sole member of the Board of Directors, has executed this Unanimous Consent to Joint Action of the Board of Directors and Shareholders, :effective April 21, 20.11. Iona an M. ;Peterson, Shareholder & Director FACURNT1CUeals I'Tcterson Companies, Inc\2410113uy -Sell Agreemen[111,04.21 UmniinOus Coasent,to Actioa of ihelcard of Directors and Slurcholders.doc 2014 STORM SEWER IMPROVEMENT PROJECT CITY OF COLUMBIA HEIGHTS WSB PROJECT NUMIIER. 01792 -10 No. Mat. No. Item Units Quantity Unit Price Total Price Removals 1 024100 -6 REMOVE DRAINAGE EACH 3 $ 450.00 $ 1 ,350.00 STRUCTURE 2 2021.501 MOBILIZATION LUMP SUM I $ ,,V G� $ 0 61 3 2104.501 REMOVE SEWER PIPE (STORM) LIN FT 492 $ 12.10 $ 5,953.20 4 2104.501 REMOVE CURB AND GUTTER LIN FT 100 $ 9.76 $ 976.00 5 2104.501 REMOVE CHAIN LINK FENCE LIN FT 1500 $ 2.50 $ 3,750.00 6 2104.503 REMOVE CONCRETE WALK SQ FT 90 $ 2.55 $ 229.50 7 2104.503 MOVE BITUMINOUS SQ FT 1550 $ 1.00 $_ 1550.00 PAVEMENT , 8 2104.505 REMOVE CONCRETE FLUME SQ YD 28 $ 24.00 $ 672.00 9 2104.513 SAWING BITUMINOUS LIN FT 200 $ 4.06 $ 812.00 PAVEMENT 10 2104.618 MOVE CONCRETE BLOCK SQ FT 7560 $ .42 $ 3,175.20 RETAINNG WALL 11 2105.601 DEWATERING LUMP SUM I $ 36,004.00 $ 36,000.00 12 2563.601 TRAFFIC CONTROL LUMP SUM 1 $ 3,750.00 $ 3,750.00 Total Removals $ Surface Improvements 13 2105.501 COMMON EXCAVATION (P) CU YD 2900 $ 16.03 $ 46,487.00 I4 2105.505 MUCK EXCAVATION (EV) - CU YD 1700 $ 3 q. (o $ �� p a� �ac�e MANAGEMENT LEVEL II 15 2105.522 IRON ENHANCED FILTRATION CU YD 280 $ 147.40 $ 41,272.00 MEDIUM (HAUL & PLACE) 16 2105.523 COMMON BORROW (CV) CU YD 9036 $ 11.33 $ 102,377.88 13 2014 STORM SEWER IMPROVEMENT PROJECT CITY OF COLUMBIA HEIGHTS WSB PROJECT NUMBER. 01792 -10 No. Mat. No. Item Units Quantity Unit Price Total Price 17 2350.604 BITUMINOUS PAVEMENT SQ YD 125 $ 79.00 $ $,875.00 30 2501.515 RESTORATION $ 2,839.00 31 2502.541 4" PERF PE PIPE DRAIN 18 2531.501 CONCRETE CURB & GUTTER LIN FT Io0 $ 32.58 $ 3,258.00 EACH DESIGN B618 34 2503.541 42" RC PIPE SEWER DESIGN $ 3,208.00 19 2531.507 6" CONCRETE SQ YD I8 $ 76.16 $ 1,370.88 LIN FT DRIVEWAYISIDEWALK $ 39.08 $ 5,705.68 20 2531.604 CONCRETE DRAINAGE FLUME SQ YD 50 $ 79.50 $ 3,975.00 21 2557.602 6 CHAIN LINK FENCE - IT EACH 1 $ 930.00. $ 930.00 GATE 22 2557.603 6' CHAIN LINK FENCE LIN FT 1500 $ 14.84 $ 22,260.00 23 2573.602 TEMPORARY ROCK EACH 1 $ 1,500.00 $ 1,500.00 CONSTRUCTION ENTRANCE 24 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SQ YD 8500 $ 1.00 $ 8,500.00 25 2575.605 SEEDING, MIX 270 JNCL. FERT., ACRE 2.35 $ 4,642.35 $ 10,909.52 MULCH, DISC ANCHOR) Total Surface Improvements $T} Utilities 26 2501.515 60" RC PIPE APRON 27 2501.515 24" RC PIPE APRON WITH $ TRASH GUARD 28 2501.515 36" RC PIPE APRON WITH EACH TRASH GUARD 29 2501.515 48" RC PIPE APRON WITH $ 3,732,00 TRASH GUARD 30 2501.515 GU C PIPE APRON W/TRASH $ 2,839.00 31 2502.541 4" PERF PE PIPE DRAIN 32 2503.541 24" RC PIPE SEWER DESIGN $ 3006 CLASS III 33 2503.541 36" RC PIPE SEWER DESIGN EACH 3006 CLASS III 34 2503.541 42" RC PIPE SEWER DESIGN EACH I $ 2,398.00 $ 2,398.00 EACH 2 $ 1,$66.00 $ 3,732,00 EACH I $ 2,839.00 $ 2,839.00 EACH 1 $ 3,533.00 $ 3,533.00 EACH I $ 3,208.00 $ 3,208.00 LIN FT 310 $ 8.82 $ 2,734.20 LIN FT 146 $ 39.08 $ 5,705.68 LIN FT 105 $ 73.05 $ 7,670.25 LIN FT 102 $ 90.52 $ 9,233.04 14 2014 STORM SEWER IMPROVEMENT PROJECT CITY OF COLUMBIA HEIGHTS WSB PROJECT NUMBER 01792 -10 No. Mat. No. Item Units Quantity Unit Price 42 2506.501 CONSTRUCT DRAINAGE Total Price STRUCTURE DESIGN 72 -4020 $ 4,220.00 3006 CLASS III LIN FT STRUCTURE DESIGN 96 -4020 521.00 44 2506.501 CONSTRUCT DRAINAGE LIN FT 35 2503,541 48" RC PIPE SEWER DESIGN LIN FT 58 $ 105.90 $ 6,142.20 46 2506.602 CONNECT INTO EXISTING MANHOLE EACH 3006 CLASS III EACH EXISTING STORM PIPE 48 2506.602 FURNISH AND INSTALL EACH 36 2503.541 60" RC PIPE SEWER DESIGN LIN FT 87 $ 138.21 $ 12,024.27 3006 CLASS III 37 2503.602 15" PIPE PLUG EACH 1 $ 158.00 $ 158.00 38 2503.603 15" HDPE PIPE SEWER LIN FT 107 $ 20.26. $ 2,167.82 39 2504.602 15 "X4" TEE FITTING EACH 40 2504.603 6" WATER MAIN-PVC C900 LIN FT 41 2506.501 CONSTRUCT DRAINAGE LIN. FT STRUCTURE DESIGN 48 -4020 42 2506.501 CONSTRUCT DRAINAGE LIN FT STRUCTURE DESIGN 72 -4020 $ 4,220.00 43 2506.501 CONSTRUCT DRAINAGE LIN FT STRUCTURE DESIGN 96 -4020 521.00 44 2506.501 CONSTRUCT DRAINAGE LIN FT STRUCTURE DESIGN 120 -4020 12 CONSTRUCT DRAINAGE 520.00 45 2506.501 STRUCTURE DESIGN SPECIAL LUMP SUM 1 $ 46 2506.602 CONNECT INTO EXISTING MANHOLE EACH 47 2506.602 CONSTRUCT MANHOLE OVER EACH EXISTING STORM PIPE 48 2506.602 FURNISH AND INSTALL EACH CASTING 49 2511.501 RANDOM RIPRAP CLASS III - CU YD GROUTED Total Utilities Add Alternate 1 50 2501.515 15" RC PIPE APRON WITH TRASH GUARD 51 2503.541 15" RC PIPE SEWER DESIGN 4 $ 356,00 $ 1,424,00 356 $ 22.50 $ 8,010.00 31 $ 253.06 . $ 7,844.86 16 $ 347.50 $ 5,560.00 49.4 $ 507.70 $ 25,080.38 16.2 $ 843.80 $ 13,669.56 I $ 4,274.00 $ 4,274.00 2 $ 2,110.00 $ 4,220.00 3 $ 521.00 $ 1,563.00 12 $ 520.00 $ 6,240.00 8o $ 295.25 $ 23,620.00 $163.051.26 EACH 1 $ 1,129.00 _ $ 1,129.00 LIN FT 89 $ 41.70 $ 3,711.30 15 2014 STORM SEWER IMPROVEMENT PROJECT CITY OF COLUMBIA HEIGHTS WSB PROJECT NUMBER. 01792 -10 Add Alternate 2 53 2622.601 SUBMERSIBLE PUMP LIFT LUMP SUM 1 $1 ®1l (7v0U$ STATION Total Add Alternate 2 $ GRAND TOTAL BID $ `-I► 16 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Peterson Companies, Inc 8326 Wyoming Trail Chisago City, MN 55013 OWNER (Name and Address): City of Columbia Heights 590 40th Ave. N.E. Columbia Heights, MN 55421 SURETY (Name, and Address of Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 CONTRACT Effective Date of Agreement: January 15, 2015 Amount: $848,144.74 Description (Name and Location): 2014 Storm Sewer Improvement Project Columbia Heights, MN BOND Bond Number: 106207951 Date (Not earlier than Effective Date of Agreement): January 15, 2015 Amount: $848,144.74 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 Peterson Companies, Inc (Seal) Travelers Casualty and Surety Company of America (Seal) Contractor's Name orate Seal Surety's Namevand Corporate -Seal By: / By; nature Signature (Attach Pow f Attorney) Attest: Jonathan M. Peterson Print Name President Ti tt v Sandra M. Doze Print Name Aftornev -in -Fact Surety Account Representative 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 of 2 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) Surety Agency or Broker: CSDZ, 150 South 5th Street, Mpls, MN 55402 (612) 349 -2400 Owner's Representative (Engineer or other party): WSB & Associates, Inc., 701 Xenia Avenue South, Mpls, MN EJCDC C -610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 State of MINNESOTA County of CHISAGO On this ss. Slit- day of �i ( yl'aw before me appeared Jonathan M. Peterson being by me duly sworn, did say that he is the 2015 , to me personally known, who, President of Peterson Companies, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (Ifno seat, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Jonathan M. Peterson acknowledged said instrument to be the free act and deed of said corporation. LAURIE R. LYONS � r,1INNESOTA Notar Public S Count r1, C �s )q Expires y y, MN ` 019 My commission ex Y � State of MINNESOTA ) ) ss. County of HENNEPIN ) On this 15th day of January 2015 , before me appeared Sandra M. Doze , to me personally known, who, being by me duly sworn, did say that she is the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Sandra M. Doze acknowledged said instrument to be the free act and deed of said corporation. ' NOITAf3I.iLlr' i, +rCC'rTA N Y C OM XR, Notary Public My commission expires: January 30, 2018 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 228554 Certificate No. 006106481 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bruce N. Telander, Donald R. Olson, John E. Tauer, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, D.R. Dougherty, Jack Cedarleal' II, Kurt C. Lundblad, Pamela T. Curran, and Melinda C. Blodgett of the City of Minneapolis , State of Minnesota , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of October 2014 I st Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GASUq - nDtatY(�(p�. 5�' q`oa�02 kWCy� F �,N �kS ,••,� tNSU'•,•••... P�tY ANp Mw ui _`,�Y A,'_ j, �T` �yattgq� -v .y9.p 0� ..._... ,G9 J0.: ........,Hq pyJ S 2•r Ofl0. 0 O'«'Y�. C'! � tC G 4F 'l. r � RP°R � �U�• �yC, '- U G9 .J„! �i ni ' b" 19?7 INCQAP�CATED� i '.r mt' �i °0 ,,, �r :'$• ;W; °xe °aar" r� Q { c M A oad 9d2 0 .�` ei ^�': efs° F`o= w' HARTFORD. Z ; 1951 ❑ � � 5�ts ��.•SEALro, SBL State of Connecticut City of Hartford ss. By: 'Jd4o�l ��� Robert L. Raney, enior Vice President On this the I st day of October 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. e#A My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. El Ntarie C.'. "etreault, Notary Public 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 Princi pal Place of Peterson Companies, Inc Business): 8326 Wyoming Trail Travelers Casualty and Surety Company of America Chisago City, MN 55013 One Tower Square OWNER (Name and Address): Hartford, CT 06183 City of Columbia Heights 590 40th Ave. N.E. Columbia Hei hts, MN 55421 C01MAC? Effective Date of Agreement: January 15, 2015 Amount: $848,144.74 Description (Name and Location,): 2014 Storm Sewer Improvement Project Columbia Heights, MN BOND Bond Number: 106207951 Date (Not earlier than Effective Date of Agreement): January 15, 2015 Amount $848,144.74 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 Peterson Companies, In (Seal) Travelers Casualty and Surety Company of (Seal) Contractor's Na orate Seal Surety's Narne d 5orporate Se By; By: � / ,f S' nature Signature (Attach rower o ' ttomey) Attest: Jonathan M. Peterson Print Name President Sandra M. Doze Print Name Note: Provide execution by additional parties, such as; joint venturers, if necessary. {Mw001504;1) EJCDC G615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page I o173 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. S. 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. IMW001504;1) EJCDC C- 615(A) Payment Bond March 2005 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 — (Name, address, and Telephone) Surety Agency or Broker: , CSDZ, 150 South 5th Street, Mpls, MN 55402 (612) 349 -2400 Owner's Representative (Engineer or other): WSB & Associates, Inc., 701 Xenia Avenue South, Mpls, MN {MW001504;1) EJCDC C- 615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 State of MINNESOTA County of CHISAGO On this } ss. ( j day of before me appeared Jonathan M. Peterson being by me duly sworn, did say that he is the of Peterson Companies, Inc. 20 15 , to me personally known, who, President , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Jonathan M. Peterson acknowledged said instrument to be the free act and deed of said corporation. _ LAURIE R. LYONS Notary Public tS� County, Nc AW PUP:JC UNNESOTA M commission e e �� y t�1y Cc -m ,ss on Expires y � J r ;;1 23i9 y nnni�w�ti ^.n vw4n�ev IK State of MINNESOTA ss. County of HENNEPIN On this 15th day of January 2015 , before me appeared Sandra M. Doze , to me personally known, who, being by me duly sworn, did say that she is the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Sandra M. Doze acknowledged said instrument to be the free act and deed of said corporation. NiI..1n�P~ ETT NOTARYP BILIC- MINNESOTA MY Ct}g PiIS:,I N EXPIRES 01/31118 Notary Public Washington County, MN" My commission expires: January 31St, 2018 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 228554 Certificate No, 006106480 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly= organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the law =s of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bruce N, Telander, Donald R. Olson, John E. Tauer, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R, Loftis, Brian J. Oestreteh, Sandra M. Doze, Jerome T. Ouimet, D.R. Dougherty, Jack Cedarleaf ll, Kurt C. Lundblad, Pamela T. Curran, and Melinda C. Blodgett of the City of Minneapolis , State of Minnesota , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I st day of October 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GA6Uq� _p(�tTYJ/�pi. gi Flftl 60q 'f *N _�IISG� ..a� �NSUq ".., Jp�'fY qNQ ��AA` �jY� "0' � SEA '3 �• Uio": '�`�.SEAL;;a € y r \ .... -✓ �f� � °�;2s cs� o•'-•.......i a1 t ��d�'.. .: �a,{� sb as 1 �.M �y State of Connecticut City of Hartford ss. f By: Robert L. Raney, enior Vice President On this the 1 st day of October 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0•4� In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF Marie C. Tetreault, Notary PuMc Client #:7071 �° °�'" PETE: COMI ACORD., CERTIFICATE I I L ' ® I ,SU�RAN DATE(MM /DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO TS UPO$ 1/14/2015 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT -IER TI COVERA. N THE CERTIFICATE HOLDER. TH►S BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRAS -f B IETW _ E AFFORDED BY THE POLICIES EIITHE IS UING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) rnList tDe entrsed.IfS BROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement_ A staitelsnt on this 1 certificate does n Certificate holder in lieu of such endorsement(s). ot confer rights to the PRODUCER MN- COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN 10 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 INSURED PETERSON COMPANIES INC 8326 WYOMING TRAIL CHISAGO CITY, MN 55013 -9382 COVERAGES CERTIFICATF NIIMRFR- 612 3452400 612 349 2490 INSURERA AMERISURE INSII RANCE COMP" ► NAlcu wsLIRER6 - AMERISRE MUT'a ---JAL INSURANCE CO INSURER C INSURER = INSURER E INSURER F ; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TK INSURECA INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED f r EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID C INSRR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MM /DDlYYYY Pp ICYEXP MIODNYYY A GENERAL LIABILITY CPP2095245 1/01/2015 0101/201ce i X COMMERCIAL GENERAL LIABILITY I I CLAIMS -MADE I OCCUR P X CONTRACTUAL LIAB F X XCU C GEN'L AGGREGATE LIMIT APPLIES PER: F POLICY X PRO- JECT ] LOC B AUTOMOBILE LIABILITY CA2095244 1/01/2015 01101/201 X ANY AUTO ALL OWNED SCHEDULED E AUTOS AUTOS E? X HIRED AUTOS X NON-OWNED AUTOS AUTOS c B X UMBRELLA LIAB X OCCUR CU2095246 i 01/01/2015 01/01/2016 E EXCESS LIAB CLAIMS -MADE A DED I X RETENTION $10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC2095247 01101/2015 01/01/201 )1 Y/ N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICERNEMBER EXCLUDED? ® N/A E (Mandatory in NH) If yes, describe under E, DESCRIPTION OF OPERATIONS below E -- - ----- --- - -- ••- ••- •--- •••• - ^- -- • ^•--- �,�.��������.��+.v . uwuunalrcernarKsSChedWe ,ifmorespaceisrequirad) 15009F 2014 STORM SEWER IMPROVEMENT PROJECT EV,ISION NUMBER: NAMED ABOVE FOR THE POLICY PERIOD UMENT WITH RESPECT TO WHICH THIS REIN IS SUBJECT TO ALL THE TERMS, S. LIMITS iOCCURRENCE $ AGE TO RENTED vIISES Ea occurrence $ EXP (Any one person) $ ZONAL & ADV INJURY x 'ZDDILY INJURY (Per person) $ 'ZDDILY INJURY (Per accident) $ 20PERTY DAMAGE mar accident $ $ $1 $1 a1. 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