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HomeMy WebLinkAbout2020-3014CONTRACT DOCUMENTS Pump House No. 3 Improvements Columbia Heights, MN 2020 Bolton & Menk Project No. R12.119642 IM\BOLTON \!J.Y & MENK Real People. Real Solutions. Bolton-Menk.com Contract # 2020-3014 ADDENDUM NO. 1 City of Columbia Heights, MN Pump House No. 3 Improvements REVISED Bid Date: March 4, 2020 REVISED Bid Time: 11 :00 a.m. BMI Project No. Rl2. l 19642 Bolton & Menk, Inc. 7533 Sunwood Drive NW #206 Ramsey, MN 55303 2/12/2020 This addendum forms a part of the Contract Documents and modifies the original Specifications and Drawings. Acknowledge receipt of this Addendum in the space provided on the Proposal Form. Failure to do so may subject Bidder to disqualification. For purpose of clarity, some Addendum items call for the complete replacement of a Specification section. The following items shall become part of the original Bidding Documents: I SPECIFICATIONS Item 1.1.1 Section 00020 -ADVERTISEMENT FOR BIDS a.The revised bid date shall be March 4, 2020 b.The revised bid time shall be at 11 :00 a.m. **** END OF ADDENDUM NO. 1 **** PUMP HOUSE NO. 3 IMPROVEMENTS COLUMBIA HEIGHTS, MN CONTRACT DOCUMENTS AND SPECIFICATIONS PROJECT NO. Rl2. l 19642 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Typed or Printed Name / License No. Paul Saffert, P.E. 43485 Si��: fU(/f 52 Date: Ja�uary 20, 200 PREPARED BY BOLTON & MENK, INC. SPECIFICATIONS 00004 LIST OF DRAWINGS 00020 ADVERTISEMENT FOR BIDS TABLE OF CONTENTS Pump Station No. 3 Columbia Heights, MN 00200 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS 00210 ELECTRONIC/DIGIT AL DOCUMENTS 00410 BID FORM 00411 BID SCHEDULE 00412 PROJECT REFERENCES 00415 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE 00430 BID BOND 00450 INFORMATION REQUESTED FROM THE LOW BIDDER 00510 NOTICE OF A WARD 00515 RESPONSIBLE CONTRACTOR -NOTICE OF A WARD 00516 RESPONSIBLE CONTRACTOR -SUPPLEMENT AL, ADDITIONAL SUBCONTRACTORS LIST 00520 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) 00550 NOTICE TO PROCEED 00610 PERFORMANCE BOND 00615 PAYMENT BOND 00700 EJCDC® C-700 (Rev. 1), STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT COPYRIGHT ® 2013 00800 SUPPLEMENTARY CONDITIONS FOR EDITION C-700 EJCDC -2013 00801 RESIDENT PROJECT REPRESENTATIVE 00970 MINNESOTA STATE REQUIREMENTS 00991 CHANGE ORDER 00992 ENGINEER'S FIELD ORDER 00993 PROPOSAL REQUEST 00994 WORK CHANGE DIRECTIVE 00995 LETTER OF TRANSMITTAL DJVlSION 1 -GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01020 ALLOWANCES 01025 MEASUREMENT AND PAYMENT 01040 SEQUENCE OF CONSTRUCTION 01090 REFERENCES 01092 ABBREVIATIONS 01200 PROJECT MEETINGS 01300 SUBMITTALS 01310 COORDINATION 01400 TESTS AND INSPECTIONS 01410 REGULA TORY REQUIREMENTS 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01560 TEMPORARY ENVIRONMENT AL CONTROLS 01562 AIR, LAND AND WATER POLLUTION 01600 MATERIALS, EQUIPMENT, LABOR AND WORKMANSHIP 01700 PROJECT CLOSEOUT DIVISION 2 -SITE WORK 02000 GENERAL INFORMATION 02210 FINISH GRADING 02370 EROSION AND SEDIMENT CONTROL (INCLUDES SWPPP) 02550 SITE UTILITIES Rl2. l l 9642 -Columbia Heights, MN Pump House No. 3 Improvements TABLE OF CONTENTS PAGE 1 02600 ROADS, WALKS AND CURBS 02920 SOIL PREPARATION, SEEDING AND SODDING DIVISION 3 -CONCRETE 03100 CONCRETE FORMWORK 03200 CONCRETE REINFORCEMENT 03300 CAST-IN-PLACE CONCRETE (SHORT VERSION) DIVISION 4 -MASONRY 04100 MORTAR AND GROUT 04150 MASONRY ACCESSORIES 04220 CONCRETE MASONRY UNIT DIVISION 5 -METALS 05100 STRUCTURAL METAL 05500 MISCELLANEOUS MET AL WORK DIVISION 6 -CARPENTRY 06100 ROUGH CARPENTRY DIVISION 7 -THERMAL AND MOISTIJRE PROTECTION 07190 VAPOR BARRIER 07210 BUILDING INSULATION 07460 STEEL SIDING 07600 FLASHING AND SHEET METAL WORK 07900 CAULKING AND SEALANTS DIVlSION 8 -DOORS AND WINDOWS 08110 DOORS AND FRAMES 08700 HARDWARE DIVISION 9 -FINISHES 09111 NON-LOAD-BEARING STEEL FRAMING 09250 GYPSUM DRYWALL 09900 WATER TOWER PAINTING DIVISION l l -EQUIPMENT 11000 EQUIPMENT GENERAL PROVISIONS 11211 SPLIT CASE PUMPS (HORIZONTAL) DIVISION 15 -MECHANICAL 15000 MECHANICAL GENERAL PROVISIONS 15060 PROCESS PIPING AND PIPE FITTINGS 15061 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 15076 IDENTIFICATION FOR HV AC PIPING AND EQUIPMENT 15081 HV AC INSULATION 15100 VALVES 15121 EXPANSION COMPENSATION 15130 GAUGES 15140 SUPPORTS AND ANCHORS 15485 NATURAL GAS PIPING SYSTEM 15680 REFRIGERANT PIPING 15739 SPLIT SYSTEM AIR CONDITIONING UNITS DIVISION 16-ELECTRICAL 16050 COMMON WORK RESULTS FOR ELECTRICAL 16051 SELECTIVE ELECTRICAL DEMOLITION 16052 SUPPORTING DEVICES 16110 RACEWAYS, FITTINGS, AND BOXES 16120 600 VOLT CONDUCTORS AND CABLES 16140 WIRING DEVICES 16400 ELECTRICAL SERVICE R12.119642 -Columbia Heights, MN Pump House No. 3 Improvements TABLE OF CONTENTS PAGE 2 16405 SURGE PROTECTION DEVICES 16640 SAFETY SWITCHES 16450 GROUNDING AND BONDING 16460 TRANSFORMERS 16470 DISTRIBUTION EQUIPMENT 16480 MOTOR CONTROL 16500 LIGHTING 16501 EMERGENCY LIGHTING 16620 ENGINE GENERATORS 16621 TRANSFER SWITCHES 16901 MEASURING AND CONTROL INSTRUMENTS 16902 SUPERVISORY CONTROL Rl2.l19642-Columbia Heights, MN Pump House No. 3 Improvements TABLE OF CONTENTS PAGE3 SECTION 00004 -LIST OF DRAWINGS PART 1 --DRAWINGS Plan sheets for the Pump Station No. 3, City of Columbia Heights, Minnesota, are listed on the Sheet Index in the Contract Drawings. Rl2.119642 -Columbia Heights, MN Pump House No. 3 Improvements **** END OF SECTION**** LIST OF DRAWINGS PAGE 00004-1 SECTION 00020 -ADVERTISEMENT FOR BIDS Pump House No. 3 Improvements City Project No. 2010 Columbia Heights, MN Notice is hereby given that sealed bids will be received, publicly opened, and read aloud by representatives of the City Council of Columbia Heights, Anoka County, MN, at the Municipal Service Center at 637 38th Avenue NE, in said City until 10:00 a.m. on February 18, 2020, for furnishing of all labor and materials for the construction, complete in-place, of the following approximate quantities of construction items: 1.Remove and replace generator 2.HV AC Improvements 3.Electrical Improvements 4.Miscellaneous Site Improvements. The bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents, Plans, and Specifications as prepared by Bolton & Menk, Inc., 7533 Sunwood Drive NW, Suite 206, Ramsey, MN 55303, which are on file with the City Engineer of Columbia Heights, 637 38th Avenue NE, Columbia Heights, MN 55421, and may be seen at the office of the Consulting Engineers or at the office of the City Engineer. Complete digital Proposal Forms, Plans, and Specifications for use by Contractors submitting a bid are available at www.questcdn.com. You may download the digital plan documents for a nonrefundable fee of$30.00 by inputting Quest project# 6665326 on the website's Project Search page. Plans and specifications and all contract documents may be obtained at the office of Bolton & Menk, Inc., 7533 Sunwood Drive NW, Suite 206, Ramsey, MN 55303, upon payment of$150.00, (includes sales tax); non-refundable for each full set of specifications and ac-companying drawings. The provisions of Minn. Stat. I 6C.285 Responsible Contractor are imposed as a requirement of this contract. All bidders and persons or companies providing a response/submission to the Advertisement for Bids/RFP of the City shall comply with the provisions of the statute. MINIMUM CONTRACTOR QUALIFICATIONS: The Bidder shall have experience as a General Contractor in the successful completion of at least three municipal water or wastewater treatment plants within the last five ( 5) years. COMPLETION OF WORK: All work under the Contract must be complete within 240 calendar days after receipt of the Notice to Proceed. PROJECT ADMINISTRATION: All questions relative to this project prior to the opening of bids shall be directed to the Engineer/Manager for the project. It shall be understood, however, that no specification interpretations will be made by telephone. Address inquiries to: Bolton & Menk, Inc. Attn: Paul Saffert, P.E. 7533 Sunwood Drive NW #206 Ramsey, MN 55303 Tel: 763-433-2851 Fax: 763-427-0833 Email: Paul.Saffert@Bolton-Menk.com Rl2.l 19642 -Columbia Heights, MN Pump House No. 3 Improvements ADVERTISEMENT FOR BIDS PAGE 00020-1 Bids must be on the basis of cash payment for the work and materials, and no bid will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, certified check, or bidder's bond, payable to the City, for not less than 5% of the bid, as a guarantee that the bidder will, within ten (10) days after notification of the award of contract, enter into an agreement with the City and furnish a bond for the full amount of the contract as provided for by law. This deposit will be subject to forfeiture as provided by law. Cash deposits, certified checks, and bidder's bonds of the three (3) lowest bidders may be retained until the contract has been awarded and executed, by no longer than 90 days from the date of opening bids. All other deposits will be refunded promptly. The City reserves the right to reject any and all bids, to waive any in-formalities therein, and to adjourn the meeting to a later date for the purpose of further consideration of the bids and taking action thereon. No bid may be withdrawn within 60 days from the date ofopening of bids. The City Council will consider award of contract at their regular meeting held on Monday, March 9, 2020 at 7:00 p.m. in the Council Chambers at 590 40th Avenue N.E. The City does not discriminate on the basis of disability. Date: January 31, 2020 R12.1 l 9642 -Columbia Heights, MN Pump House No. 3 Improvements Owner: City of Columbia Heights, Minnesota /S/ Kevin Hansen Director of Public Works, City Engineer ADVERTISEMENT FOR BIDS PAGE 00020-2 SECTION 00200-INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS Pump House No. 3 Improvements Columbia Heights, MN ARTICLE 1 -DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions(EJCDC C-700 2013 Edition). Additional terms used in these Instructions to Bidders have the meanings indicated below: A.Issuing Office -The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. B.The OWNER of this project may also be referred to as the Buyer. C.The term "CONTRACTOR" shall be held to mean the firm which is given a Purchase Order and/or Contract for construction. The Contractor may also be referred to as Seller. D.The Engineer for this project is Bolton & Menk, Inc., 7533 Sunwood Drive NW, Suite 206, Ramsey, MN 55303. E.The terms "Bid" and "Proposal" have the same meaning. ARTICLE 2 -COPIES OF BIDDING DOCUMENTS 2.01 2.02 2.03 2.04 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. Bid Documents deposit amount, if any, is stated in the advertisement or invitation to bid. Deposits shall be refundable, or not, as indicated in the advertisement or invitation to bid. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. When the advertisement indicates supplemental digital formats of all or portions of the bidding documents are available for bidding purposes, the Owner and Engineer will, upon request, provide the Bidder with such documents. The terms of use of such documents shall be as set forth in the Bidding Documents ("Document 00210 -Electronic/Digital Documents"). Rl2.l 19642 -Columbia Heights, MN Pump House No. 3 Improvements INSTRUCTIONS TO BIDDERS PAGE 00200-1 ARTICLE 3 -QUALIFICATIONS OF BIDDERS 3.01 3.02 3.03 3.04 To demonstrate Bidder's qualifications to perform the Work, after submitting its Bid and within 5 days of Owner's request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A.Minimum Contractor Qualifications I.The Bidder shall have experience as a General Contractor in the successful completion of at least one municipal water treatment plant within the last five (5) years. Minimum treatment capacity of each plant shall be 500 gpm and include the following plant construction experience: new building construction; gravity or pressure filtration; chemical feed systems; process piping and valves; pumps; electrical & HV AC systems; and instrumentation and control or related experience in water or wastewater treatment facilities. Bidder shall list experience on the Project Reference Form (Section 00412) and submit with the Proposal. A Bidder's failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder's qualifications. Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 -SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER'S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 4.02 Site and Other Areas A.The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. Existing Site Conditions A.Subsurface and Physical Conditions; Hazardous Environmental Conditions I.The Supplementary Conditions identify: (a)those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. (b)those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). (c)reports and drawings known to Owner relating to Hazardous EnvironmentalConditions that have been identified at or adjacent to the Site. ( d)Technical Data contained in such reports and drawings. 2.Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Rl2.l 19642 -Columbia Heights, MN Pump House No. 3 Improvements INSTRUCTIONS TO BIDDERS PAGE 00200-2 4.03 4.04 4.05 Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3.If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B.Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C.Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions Site Visit and Testing by Bidders A.Bidder shall conduct Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B.Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C.On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner's authority regarding the Site. D.Bidder shall comply with all applicable Laws and Regulations regarding excavation and location ofutilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E.Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Owner's Safety Program A.Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. Other Work at the Site A.Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Rl2. l 19642 -Columbia Heights, MN Pump House No. 3 Improvements INSTRUCTIONS TO BIDDERS PAGE 00200-3 Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts ( other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 -BIDDER'S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A.examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B.visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C.become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D.carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E.consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods,techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs; F.agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G.become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H.promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I.determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J.agree that the submission of a Bid will constitute an incontrovertible representation by Bidderthat Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. Rl2. l l 9642 -Columbia Heights, MN Pump House No. 3 Improvements INSTRUCTIONS TO BIDDERS PAGE 00200-4 ARTICLE 6 -PRE-BID CONFERENCE 6.01 None Scheduled. ARTICLE 7 -INTERPRETATIONS AND ADDENDA 7.01 7.02 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 -BID SECURITY 8.01 8.02 8.03 8.04 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5)percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid bond ( on the form attached) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9 -CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and/or the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 -LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11 -SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or "or-equal" items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or "or-equal" item of material Rl2. l 19642 -Columbia Heights, MN Pump House No. 3 Improvements INSTRUCTIONS TO BIDDERS PAGE 00200-5 11.02 or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of"or­ equal" or substitution requests are made at Bidder's sole risk. ARTICLE 12 -SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 12.02 12.03 12.04 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder's Bid price will be increased ( or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions ARTICLE 13 -PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A.All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B.If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words "No Bid" or "Not Applicable." Rl 2.l 19642 -Columbia Heights, MN Pump House No. 3 Improvements INSTRUCTION S TO BIDDERS PAGE 00200-6 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership's address for receiving notices shall be shown. 13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm's address for receiving notices shall be shown. 13.05 A Bid by an individual shall show the Bidder's name and address for receiving notices. 13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture's address for receiving notices shall be shown. 13.07 All names shall be printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment ofreceipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13 .10 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.11 The Bid shall contain the required items as listed in Section 00410. ARTICLE 14-BASIS OF BID 14.01 Lump Sum A.Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form. ARTICLE 15 -SUBMITTAL OF BID 15.01 15.02 With each paper copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, ifrequired, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the PROJECT NAME (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope conta ining the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to the person indicated in the advertisement or invitation to bid. Rl2.119642 -Columbia Heights, MN Pump House No. 3 Improvements INSTRUCTIONS TO BIDDERS PAGE 00200-7 15 .03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. 15.04 The Owner does not allow electronic bid submittals. ARTICLE 16-MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the Bid award. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 -OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the bid award. ARTICLE 18 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date. ARTICLE 19 -EVALUATION OF BIDS AND A WARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted when requested. The Equipment and Materials List which must be submitted with the Bid. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of A ward or Purchase Order issuance. 19.03 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Rl2.I 19642 -Columbia Heights, MN Pump House No. 3 Improvements INSTRUCTIONS TO BIDDERS PAGE 00200-8 19.04 19.05 19.06 19.07 work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the project. Evaluation of Bids A.In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B.The bids will be reviewed and awarded on the basis of"Total Project Base Bid Price" plus "Fixed Sum Items" plus any "Bid Alternatives" selected by the Owner plus price adjustments for any alternate manufacturer listed in Equipment/Materials Schedule selected by the Owner. In evaluating whether a Bidder is responsible, Owner will consider applicable mandatory criteria established by governing statutes and regulations, including but not limited to Minnesota Statute 16C.285, qualifications of the Bidder, and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. If the Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award or issue a Purchase Order within sixty (60) days after the day of the Bid opening. ARTICLE 20 -BONDS AND INSURANCE 20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to perfonnance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21 -SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 22 -SALES AND USE TAXES 22.01 Owner is not exempt from state sales and use taxes on materials and equipment. Said taxes shall be included in the bid. ARTICLE 23 -RET AINAGE 23.01 Provisions concerning Contractor's rights to deposit securities in lieu ofretainage are set forth in the Agreement. Rl 2. l l 9642 -Columbia Heights, MN Pump House No. 3 Improvements ****END OF SECTION**** INSTRUCTIONS TO BIDDERS PAGE 00200-9 SECTION 00210 -ELECTRONIC/DIGITAL DOCUMENTS PART I -GENERAL 1.1 SUMMARY A.The Owner or Engineer may elect to provide copies of the contract documents or supplemental information to the Contractor in electronic/digital media format. This section governs the availability, use and limitations of information provided in electronic/digital format. 1.2 FORMAT OF DOCUMENTS AND CONTROLLfNG CRITERIA A.The Agreement identifies the contract documents upon which the Bidder or Contractor may rely. The General Conditions set forth the provisions governing the intent, interpretation and use of the contract documents. This section is intended to augment the Agreement and General Conditions and to clarify limitations on the use of electronic/digital documents. B."Hard Copies" of the Contract Documents consist of complete sets of those documents specifically listed in the Agreement including the version of the plans and specifications that are signed and sealed with original signature ( or unalterable and legally acceptable facsimile copy of said signature) denoting the designer's final intent for bidding purposes. Electronic/digital files in the "Native File Format" are saved in the default file format used by a specific software application. The native file format of an application is proprietary and these types of files are not meant to be transferred to other applications. Electronic/digital files in the native file format may be altered and may not be representative of the paper copies of the documents C.For bidding purposes only, Hard Copies of the Contract Documents shall be construed to include electronic/digital files of the Bidding Documents (as defined in Section 00200), prepared by Engineerand provided under direction of Engineer in a Portable Document Format (PDF) format or other file format that is intended by the Engineer and Owner to be unalterable and exactly representative of the information contained in the paper copies of the documents. D.The project plans graphically set forth design requirements for the project. These plans are a two­ dimensional representation of three-dimensional existing conditions and proposed improvements. Because it is generally impossible to economically or graphically duplicate real world conditions on a two-dimensional plan format, certain approximations, graphical simplifications, intentional orunintentional inaccuracies must generally be used to adequately describe the existing conditions and work to be done on the plans. Because of these graphical compromises, certain dimensions and other supplementary notes and information may be added to the plans to control the specific requirements of the design. Electronic/digital versions of the plans in PDF format, native file format or other electronic file format may imply a spatial accuracy that exceeds the graphical limitations of the original plan set. This is also true of supplementary electronic/digital information developed from the plans or underlying support data (such as layers, hidden lines, survey points or topographic computational networks). E.In the event of a conflict between an electronic/digital version of a Contract Document and the Hard Copy of the document, the Hard Copy shall be deemed to govern. Bidders, by submitting a bid, and the Contractor by executing the contract, acknowledge these graphical limitations to the plan development process and accept the controlling nature of the Hard Copies of all project documents as set forth in the General Conditions. 1.3 AVAILABILITY AND USE OF DIGITAL/ELECTRONIC DOCUMENTS A.When the Advertisement for Bids or Project Manual indicate that electronic/digital copies of the Plans and Specifications are available, such documents shall be made available to the Bidder or Contractor upon request in PDF format or other file format that is intended by the Engineer and Owner to be unalterable and exactly representative of the information contained in the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of electronic/digital documents nor the Contractor's means ofreproduction of such documents, Rl2. l l 9642 -Columbia Heights, MN Pump House No. 3 Improvements ELECTRONIC/DIGITAL DOCUMENTS PAGE 00210-1 the Owner and Engineer cannot and do not guarantee that electronic/digital versions and reproductions prepared from those versions are identical in every manner to the paper copies. B.Except as otherwise advised, the Bidder may use and rely upon complete sets of the PDF or other electronic/digital version of the Bidding Documents, prepared by the Engineer and provided under direction of the Engineer, for preparation of its bid. However, Contractor assumes all risks associated with differences arising from transmission/receipt of electronic/digital versions and reproductions prepared from those versions and, further, assumes all risks, costs and responsibility associated with use of the electronic/digital versions to derive information that is not explicitly contained in the paper copies of the documents and for Bidder's reliance upon such derived information. C.When using PDF versions of the bidding documents, the Contractor shall prepare its Bid on a printed paper copy of the Bid Form from the PDF file; submit its bid together with all required submittals; and deliver the Bid in the manner described in the bidding documents. The printed copy of the Bid Form shall be clearly legible, printed on 8 ½ inch by 11 inch paper and as closely identical in appearance to the PDF Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the Hard Copy of the Bid Form, providing that all required information and submittals are included with the bid. D.After a Contract is awarded, the Owner may provide or direct the Engineer to provide for the use of the Contractor such electronic/digital copies of the contract documents or other support documents in native file formats as may have been previously developed as part of the Project design process. Release of such information, if available, shall be deemed to be solely for the convenience of theContractor. Unless the Contract Documents explicitly identify that such information shall be available to the successful Bidder, nothing herein shall create an obligation on the part of the Owner or Engineer to provide or create such information and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital data is appropriate and adequate for the Contractor's specific purposes. In no case shall the Contractor be entitled to extra compensation or adjustment in contract time due to claims arising from any differences between the Hard Copies of the Contract Documents and electronic/digital data. E.Release of all electronic/digital information requested by the Contractor shall be at the sole discretionof the Owner or Engineer and a separate charge will be made to the Contractor for creation or preparation of such information. F.Release of electronic/digital data shall be subject to the herein accompanying form, entitled "REQUEST TO PROJECT ENGINEER FOR ELECTRONIC/DIGITAL DATA AND CONDITIONS OF USE," together with such other limitations as the Owner or Engineer may deem appropriate for the Project. In the event of questions, conflicts, inconsistencies between any the electronic/digital data, the Hard Copies of the Contract Documents shall govern unless otherwise directed in writing by the Owner and Engineer. G.In the event that Owner elects to provide or directs the Engineer to provide to the Contractor any Contractor-requested electronic/digital data that is not explicitly identified in the Contract Documents as being available to the successful bidder, the Engineer shall be reimbursed by the Contractor on an hourly basis (at $120 per hour) for all engineering costs necessary to create or otherwise prepare the data in a manner deemed appropriate by the Engineer. Rl2. l l 9642 -Columbia Heights, MN Pump House No. 3 Improvements ****END OF SECTION**** ELECTRONIC/DIGITAL DOCUMENTS PAGE 00210-2 REQUEST TO PROJECT ENGINEER (BOLTON & MENK, INC. "BMI") FOR ELECTRONIC/DIGIT AL DAT A AND CONDITIONS OF USE Project Contractor ("USER"): Project Owner Project Name City of Columbia Heights, Minnesota Pump House No. 3 Improvements Description of Data/Files To Be Provided A.The electronic/digital data covered by this Request was prepared by BMI as an internal working document for its purposes solely and is being provided to USER on an "AS IS" basis without any warranties of any kind, including, but not limited to implied warranties of fitness for any purpose. As such, the USER is advised and acknowledges that the information may not be suitable for the USER's application or may require substantial modification and independent verification by the USER. Information may include intentional or unintentional inaccuracies, approximations, graphical simplifications, undocumented intermediate revisions and other devices that may affect subsequentreuse.B.The electronic/digital data may not accurately reflect the printed products (also known as Hard Copies) that are signed or sealed by BMI. In the case of conflicts between the signed or sealed documents and electronic/digital data, the Hard Copies shall control. Files in electronic/digital media format of text, data, graphics, or of other types that are provided by BMI to USER are only for convenience of USER. Any conclusion or information obtained or derived from such electronic/digital data will be at the USER's sole risk and the USER waives any claims against BMI or PROJECT OWNER arising from use of electronic/digital data. C.USER shall indemnify and hold harmless PROJECT OWNER and BMI and their subconsultants from all claims, damages, losses, and expenses, including attorneys' feesand defense costs arising out of or resulting from USER'suse, adaptation or distribution of any electronic/digital data provided under this Request. D.All Documents provided in electronic/digital format are instruments of service and, unless otherwise specifically identified in the Contract between the USER and PROJECT OWNER, are not Contract Documents. BMI shall retain all ownership, copyrights and property interests therein, subject to any agreement between BMI and the PROJECT OWNER. Nothing herein shall be deemed to Accepted by: USER be a transfer of the ownership rights ofBMI or those of the PROJECT OWNER to the USER and USER's rights regarding any information shall be limited those explicitly described in this Request. E.Although BMI may advise the USER of known errors or required updates in electronic/digital data provided to the USER upon discovery by BMI or notice to BMI of such conditions, the USER agrees that BMI and PROJECT OWNER are under no obligation to notify USER or correct, revise, update or otherwise maintain any electronic/digital data provided to the USER, nor shall the USER be entitled to make any claim for extra compensation or other consideration on account of using such data. F.USER agrees not to sell, copy, transfer, give away or otherwise distribute this information (in source or modified file format) to any third party without the direct writtenauthorization ofBMI, unless such distribution is specifically identified in this request and is limited to USER's subcontractors. USER warrants that subsequent use by USER'S subcontractors shall comply with all terms of this Request. G.Provision of this information does not include any license of software or other systems necessary to read, use or reproduce the information. USER assumes all responsibility to obtain any necessary software and appropriate licenses to utilize the information in any format or application. H.The USER shall compensate BMI in the amount of $120.00 for all labor and expenses associated with the handling, processing and delivery of the information in an "as is" form or to adapt such information into a form which BMI, in its sole discretion, deems to reasonably reflect the limits of the accuracy or usability of the information. USER acknowledges such compensation shall be deemed to be a data processing fee and is not a design fee or part of the design fees paid by the PROJECT OWNER to BMI. Printed Name of "USER" Date Approved: Project Engineer: (BMI) Version 04 /11/07 Rl2.119642 -Columbia Heights, MN Pump House No. 3 Improvements Name and Title of Authorized Representative of USER Signature of Authorized Representative of USER Signature of Project Engineer's Representative ELECTRONIC/DIGIT AL DOCUMENTS PAGE 00210-3 SECTION 00410 -BID FORM Pump House No. 3 Improvements City of Columbia Heights, Minnesota Bolton & Menk Project No: Rl2. l 19642 ARTICLE 1 -BID RECIPIENT 1.01 1.02 This Bid is submitted to: City of Columbia Heights Municipal Service Center 637 38th Avenue NE Columbia Heights, MN 55421 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Docwnents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 -BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 -BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A.Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum No. Addendum Date 2/12/2020 B.Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D.Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that RI 2.119642 -Columbia Heights, MN Pump House No. 3 Improvements BID FORM PAGE 00410-1 have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings." E.Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F.Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G.Bidder 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 Bidding Documents. H.Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I.The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J.The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents ARTICLE 4 -BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A.This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B.Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false orsham Bid; C.Bidder has not solicited or induced any individual or entity to refrain from bidding; and D.Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D.: 1."corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2."fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non­ competitive levels, or (c) to deprive Owner of the benefits of free and open competition; Rl 2.l 19642 -Columbia Heights, MN Pump House No. 3 Improvements BID FORM PAGE 004 10-2 3."collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4."coercive practice" means harming or threatening to harm, directly or indirectly, personsor their property to influence their participation in the bidding process or affect the e execution of the Contract. E.Bidder has completed and executed the attached Responsible Contractor Verfication and Certification of Compliance Form (Section 00415) relating to Minn Statute 16C.285, "Responsible Contractor". ARTICLE 5 -BASIS OF BID (LUMP SUM CONTRACT) 5.01 Bidder will complete the work in accordance with the Contract Documents at the lump sum prices shown in the attached Bid Schedule (Section 00411). ARTICLE 6 -TIME OF COMPLETION 6.01 6.02 Bidder agrees that the Work will be substantially complete within240 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 calendar days after the date when the Contract Times commence to run Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 -ATTACHMENTS TO TffiS BID 7.01 The following documents are submitted with and made a condition of this Bid: A.Section 00411 -Bid Schedule B.Section 00412 -Project References C.Section 00415 -Responsible Contractor Verification and Certification of Compliance D.Section 00430 -Bid Bond (in the form of a certified check, bank money order, or a bid bond) E.Go to the site https://www.sam.gov. Go to Search Records then under Quick Search, type in Bidder's name, Search. On bottom of search results page, click "Save PDF" and then Print out form indicating that the bidder is not debarred from working on Federal projects. ARTICLE 8 -DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SEE ATTACHED SECTION 00411 -BID SCHEDULE Rl2.1 l 9642 -Columbia Heights, MN Pump House No. 3 Improvements BID FORM PAGE 00410-3 BID SUBMITTAL 8.02 This Bid is submitted by: If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: A Partnership Partnership Name: By: (Signature of general partner --attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name:_N_A_C_M_e_c_h _an_i _ca_l _&_E_le _c _tr _ic_a _l S_e_rv_ic _e_s _____ (SEAL) State oflncorporation Minnesota Type (Gen al, Service, Limited Liability):Genera l Buisness By: Name (typed or printed) Title: evidence of authority to sign) Lynn Bis hop Pres iden t (CORPORATE SEAL) � Attw £ � Date of Qua :=do ::::i:te where project is located] is 10 I 23 I 1984 R12.119642 -Columbia Heights, MN Pump House No. 3 Improvements Minnesota BID FORM PAGE 00410-4 A Joint Venture Name of Joint Venture: First Joint Venturer Name: ____________________ (SEAL) By: (Signature of first venture partner -attach evidence of authority to sign) Name (typed of printed): Title: Second Joint Venture Name: _________________ (SEAL) By: (Signature of second venture partner -attach evidence of authority to sign) Name ( typed or printed) Title: (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.) Bidder's Business Address 1001 Labore Industrial Court Vadnais Heihgts, MN 5511 0 Phone No. -=6=--=5_1_-4-=9:....:0_-9.:....8.:....6_8 _______ Fax No. 651-490-1 636 E-mail service@nac-hvac.com SUBMITTED on Wednesday March, 4th 20 20 State Contractor License No. ---=..:cM=8=0=0=3:...:1-=8:...:4 _____ [If applicable] RI 2.119642 -Columbia Heights, MN Pump House No. 3 Improvements BID FORM PAGE 00410-5 SECTION 00411 -BID SCHEDULE Bid Form for construction of: Pump House No. 3 Improvements 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 change in Lump Sum Base Bid of the "alternate" equipment. If a named "alternate" is shown on the bid form, the CONTRACTOR shall indicate the ADD/DEDUCT installed price. If the CONTRACTOR does not wish to supply a named "alternate" he shall indicate an installed deduct price of zero. If no installed deduct price is listed, the deduct price will be considered to be zero. No supporting documents are required for a named alternate. The OWNER reserves the right to accept or reject any or all named "alternates". The named alternates will be taken into consideration in the award of the CONTRACT. 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 R12.119642 -Columbia Heights, MN Pump House No. 3 Improvements BID SCHEDULE PAGE 00411-1 change or additions in structures, piping, buildings, mechanical and electrical work, accessories and controls, necessary to accommodate the equipment. 6.The naming ofa 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 infonnation and not from any official or employee of the OWNER. 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 Total Project Base Bid, Lump Sum Price listed on the following pages. BID of NAC Mechanical & Electrical Services Rl2.l 19642 -Columbia Heights, MN Pump House No. 3 Improvements (Name of Bidder) BID SCHEDULE PAGE 00411-2 Schedule of Prices for Construction of: Pump House No. 3 Improvements City of Columbia Heights, Minnesota Bidder agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following lump sum: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in the TOT AL PROJECT BASE BID PRICE and ADD or DEDUCT ITEMS. BIDDER must also fill out the EQUIPMENT/MATERIALS SCHEDULE as described on pages 00411-1 and 00411-2. The Lump Sum bid shall include a construction allowance shown in Section 01020-Allowances. If the allowance is not required or fully used, the unused portion of the allowance shall be refunded to the OWNER. TOTAL PROJECT BASE BfD PRICE I.Construction of all facilities as shown on the Contract Drawings and as specified in the Contract Specifications.$ 414,800. 00 c four hundred fourteen thousand eight hundred dollars and zero cents RI2.l 19642 -Columbia Heights, MN Pump House No. 3 Improvements DOLLARS) BID SCHEDULE PAGE 00411-3 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 alternate 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. 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. R12.l 19642 -Columbia Heights, MN Pump House No. 3 Improvements BID SCHEDULE PAGE 00411-4 Specification Section and Equipment Item 16620 Power Generation 16900 MCC 16950 Water Treatment Plant Supervisory Controls R12.119642 -Co lumbia Heights, MN Pump House No. 3 Improvements EQUIPMENT/MATERIALS SCHEDULE Basis of Bid Equipment/Material Item ( circle one -if not circled, first item will be used) Caterpillar Allen-Bradley Primex "'*** END OF SECTION **** Name of "Alternate" Manufacturer and Amount of Deduct for "Alternate" Manufacturer 1. $ 2. $ I. $ 2. $ 1. $ 2. $ Cummins -5 000 Deduct Installed Price Add/Deduct Installed Price Add/Deduct Installed Price Add/Deduct Installed Price Add/Deduct Installed Price Add/Deduct Installed Price Add/Deduct BID SCHEDULE PAGE 00411-5 SECTION 00412 -PROJECT REFERENCES Below is a listing of the most recent projects that meet the following minimum contractor qualifications: MINIMUM CONTRACTOR QUALIFICATIONS: The Bidder shall have experience as a General Contractor in the successful completion of at least three municipal water or wastewater treatment plants within the last five (5) years. I.Contracting Agency _C;;:;..;..:.i tyL......;;o;.:..f....;:S:;.;:a:::.;.i:....:.nt.::.....c::C..;.;lo::;..;u:::..;d� _________________ _ Description of Work (indicate rehab or new construction) Air Handler Replacement #10 Type of Treatment Plant (Water or Wastewater) and Capacity (gallons per minute or MGD) ____ _ St. Cloud Waste Water Treatment Plant Agency Representative _J_a_c _o _b_E_th_e_n ____________________ _ Title Industrial Electronics Technician Phone 320-255-7226 Contract Completion Date 1 0/18/2019 2.Contracting Agency _C_it-=-y_o _f_S_a_in_t_C_lo_u _d _________________ _ Description of Work (indicate rehab or new construction) Air Handler Replacement #9 Type of Treatment Plant (Water or Wastewater) and Capacity (gallons per minute or MGD) 10/18/2019 St. Cloud Waste Water Treatment Plant Agency Representative _..;;.J....:.ac..cc....:.o_b�Ec.:.th:...;.e..::....;..:n ______________________ Title Industrial Electronics Technician Phone 320-255-7226 Contract Completion Date ____ _ 3.Contracting Agency _C_it L..y_o_f_S_a_in_t_C_lo_u_d _________________ _ Description of Work (indicate rehab or new construction) Air Handler Replacement #8 Type of Treatment Plant (Water or Wastewater) and Capacity (gallons per minute or MGD) 12/20/2018 St. Cloud Waste Water Treatment Plant Agency Representative ....:.J::..a:::.c::..o::..bc::......::E:::.t:..:..h ;;..:e;..;.n_;__ ____________________ _ Title Industrial Electronics Technician Phone 320-255-7226 Contract Completion Date ____ _ 4.Contracting Agency _....;:C'-it.a..y_o"""f_S�a"--in.;;.;:.t_;C=--l"""o""'u"""d __________________ _ Description of Work (indicate rehab or new construction) Chiller Replacement Type of Treatment Plant (Water or Wastewater) and Capacity (gallons per minute or MGD) ____ _ St. Cloud Waste Water Treatment Plant Agency Representative _J;:;..a=co=b_;E=t=h-'-'e:;;..;n-'--____________________ _ Title Industrial Electronics Technician Phone 320-255-7226 Contract Completion Date 3/1/2017 RI 2.119642 -Columbia Heights, MN Pump House No. 3 Improvements **** END OF SECTION**** PROJECT REFERENCES PAGE 00412-1 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: Pump House No. 3 Improvements -Columbia Heights, MN Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION .... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. .. Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1)The Contractor: (i)is in compliance with workers' compensation and unemployment insurance requirements; (ii)is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii)has a valid federal tax identification number or a valid Social Security number if an individual; and (iv)has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2)The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i)repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii)has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii)has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv)has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177 .27; (v)has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi)has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* Rev. 11-13-2014 Rl2. l 19642 -Columbia Heights, MN Pump House No. 3 Improvements RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PAGE 00415-1 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181. 723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* *Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat.§ 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Rl2. l 19642-Columbia Heights, MN Pump House No. 3 Improvements RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PAGE 00415-2 Minn. Stat.§ 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor Is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1)My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is In compliance with Minn. Stat.§ 16C.285, 2)I have included Attachment A-1 with my company's solicitation response, and 3)if my company is awarded a contract, I will also submit Attachment A-2 as required. �rlzed Signatu of Owner or Officer: Printed Name: Lynn Bishop Title: Date: 3/4/2020 Company Name: NAC Mechanical & Electrical Services NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. Rl2.l 19642-Columbia Heights, MN Pump House No. 3 Improvements RESPONSIBLE CONTRACTOR VER1FICATlON AND CERTIFICATION OF COMPLIANCE PAGE 00415-3 ATTACHMENT A-1 FIRST-TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: City of Columbia Heights-Pump House No. 3 Improvements Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. ... FIRST TIER SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the �ecretary of State) home office is located NEECK CONSTRUCTION, INC RI 2.119642 -Columbia Heights, MN Pump House No. 3 Improvements Minneapolis, MN RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PAGE 00415-4 3/3/2020 View Details -Entity Overview I System for Award Management A NEW WAY TO SIGN IN -If you already have a SAM account, use your SAM email for login.gov. Logln Login.gov FAQs A ALERT: SAM.gov will be down for scheduled maintenance Saturday, 03/14/2020 from 8:oo AM to 3:00 PM Entity Dashboard •Entity Overview •Core Data •Assertions •�s&Certs •Exclusions •Active Exclusions •Tnactive Exclusions •Excluded Family Members RETURN TO SEARCH \ \'\\'\\'c., Nnrtlwrn Air Cnrpnratinn DUNS: 1;1n72918<J CA<;1-:Codl': ;�l4\\IS Status: Ac:tivc E:qiirnlic,n Dale: 10/:!t/:!n:!n P11rpnse .,r Registration: ,\11 c\wards Entity Overview Entity Re1,>istrntion Smnmnry Name: Northern Air Corporation Doing Business As: NAC MECHANICAL & ELECTIUCAL SERVICES Business TYJ.1e: Business or Organization Last Updated Ry: Brenda Sjerven Registration Status: Aclive Activation Date: 10/22/2019 Expiration Date: 10/21/2020 Exclusion Summary Active Exclusion Records? No 100 t ].\!\ORE INDUSTRI:\l. CT STE E S.-\INT J'.-\l 11.. �I,,. ,551111-.c,11· .. �. \J;,,:JT"P ST.\TES Search Rcrnrds Dat,·, Acl'L',,;; ClH'ck Sl.1lu, ,\brn,t llclp Di�daimcrs AcccssiliililY Pril Jcy P, ,!icv F,\ PTTS.go,· GSA.gov/JAE CJSA.gl1v \JSA.g,I\· ·1111,, .i ! .--; l;l'n,·1:,I �:�11�;t1, ,\rl1111111:,t;,1l[11n F, dp1:1I c;,,\,•11111wni :•1111p11t;:1 • ,:: ·n th:d i.-.' 1:til{ 1 in 1 1 '1 \I l:�1: !iELl ''!hi:·: •,t,.111 i� �·1 1l�ii•1 t t,, rnn11itn;i111� lndi··id 1 1al.,, 1n11nd p�·• , .. : 1111:;:: 11111111!!1111 i : ·I ;1� Ii it1t'' ;11,• .-11l,1t rt lo 1li.:, iplinal� i lit•ll int hiding t I i1111n:d p111�t r11li1m https://www.sam.gov/SAM/pages/public/entitySearch/entitySearchEntityOverview.jsf 1/1 SAM Search Results List of records matching your search for : Search Term : northern air corporation* Record Status: Active !ENTITY I Northern Air Corporation Status: Active DUNS: 130729189 +4:CAGE Code: 3L4W8 DoDAAC: Expiration Date: 10/21/2020 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 1001 LABORE INDUSTRIAL CT STE B City: SAINT PAUL State/Province: MINNESOTA ZIP Code: 55110-5168 Country: UNITED STATES L,.,.,1..1. __ .,, ••••••• _...,, __ ... ,, EJCDC�. E�GIN£05 I01�T COtflRACT PENAL SUM FORM OOCUM[�TS COMMHI££ BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Northern Air Corporation dba NAC Mechanical and Electrical Services 1001 Labore Industrial Court, Suite B Vadnais Heights, MN 5511 O SURETY (Name, and Address of Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square -2SHS Hartford, CT 06183 OWNER (Name and Address): City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421BID Bid Due Date: 3/4/2020 Description (Project Name-Include Location): Pump House No. 3 Improvements -Columbia Heights, MN BOND Bond Number: Date: 02/28/2020 Penal sum Five Percent (5%) of the Amount Bid $ 5% A.B. (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. '1�rt��� Air Corporation dba NAC Mechanical ( I) Tr��e�e�ftasualty and Surety Company of Americ� and Electrical Services Sea _______________ lSeal) Bidder's Name and Corp Surety's Nam� �,l//Jorate Seal By: -��..._.�....,_u;..i.,.,,l.f-Jr,-------By:� _,_ _S _i .... gn<..Ja""t�u�re.µ;,,.(A!=:t==ta_c _h_P_o _w_e_r _o_f _A_t _to_r _n _e _y _) --- Stephen M. Klein Print Name President Attorney-in-Fact Title Attest: 1Uu:�.13A/J'*f Signature TTtl:.a Attest: =tkfrL� Signature Title Profert A-r{ovn-1-IJn·-1-Title Surety Asst. Note: Addresses are !Jo 5e us:J for giving cmy re'quired notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC" C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 E�Gll"lF.iRS IOl�T Ci.)H1'ft.'\CT OOCU-.f[�lS cor,Et,UTTE�- PENAL SUM FORM 1.Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2.Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3.This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4.Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5.Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6.No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7.Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8.Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9.Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10.This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11.The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC-C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of2 STATE OF COUNTY OF INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT On this day of , before me ----------------------personally appeared to me known to be the person bond, and acknowledged that act and deed. -------described in and who executed the forgoing he executed the same as ___ free -------------Notary Public CORPORATION ACKNOWLEDGMENT STATE OF MINNESOT JCOUNTY OF lWD\-f J On this 'L V\ Q day of rY\ C\ YL V1 2020 , before me personally came Lynn J. Bishop to me known, who being by me duly sworn, did depose and say; that he is the President ---------------of Northern Air Corporation dba NAC Mechanical and Electrical Services the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NICOLE BISHOP Notary PublicMinnesota My Commission Expires SURETY ACKNOWLEDGMENT ST A TE OF MINNESOTA COUNTY OF HENNEPIN On this 28th day of February , 2020 , before me appeared STEPHEN M. KLEIN to me personally known, who, being duly sworn, did say that he is the Attorney-in-Fact of Travelers Casualty and Surety Company of America of Hartford, CT that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. � �f/Vl� Notary Public � � �· RITA MARGARET CARLSON�f�if �l "�·.l,i;"' � NOTARY PUBLIC , , �· \Jl' � MINNESOTA ··• '• ' MV COMMISSION EXPIRES JAN. 31, 2025 �TRAVELERSJ Travelers Casualty and surety Company of America Travelers Casualty and surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and st. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the state of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Stephen M. Klel n of ST PAUL Minnesota , their true and lawful Attomey-in-Fact 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 3rd day of February, 2017. state of Connecticut By: City of Hartford ss. On this the 3rd day of February, 2017, before me personaUy appeared Robert L. Raney, Who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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. My Commission expires the 30th day of June, 2021 A � Marte C. Tetreault, Notary Public This PONer of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follONs: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his « her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any d said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, pravided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and It is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and blndng upon the Company When (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation d authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cer tified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it Is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is e true and correct copy of the PaNer of Attorney executed by said Companies, Which remains in full force and effect. Dated this 28th day or February , 2020 ���-t Kevin E. Hughes,Ass1ant Secretary To vt1rKy the 1111thentidty tsf this Power o, Atton,ey, p/ene al ,a •t 1 ·800-421-3880. Ple•se refer to the •bo,,...,,.med Attomey·in-F•ct •nd the detllils or the bond to which tht, power is •ttached. DOCUMENT 00450 -INFORMATION REQUESTED FROM THE LOW BIDDER (The low bidder may be requested to provide this information after the Bids are received but prior to issuing the Notice of Award) GENERAL INFORMATION The low bidder is requested to furnish the following information. Additional sheets shall be attached as required. Contractor's name and address: Contractor's telephone number: Contractor's FAX number: Contractor's E-mail address: Contractor's license: Primary Classification ___________________________ _ State License No. Supplemental Classifications held, if any Number of years as a Contractor in construction work of this type Names and titles of all officers of Contractor's firm: _________________________ _ ATTACH TO THIS BID a list of five (5) construction contracts completed by the Contractor during the last five (5) years involving work of similar type and comparable value. The list shall include the following information as a minimum: •Name, address and telephone number of owner. •Name of project. •Location of project. •Brief description of the work involved. •Contract amount. •Date of completion of contract. •Name, address and telephone number of architect or engineer. •Name of owner's project engineer. Rl2. l l 9642 -Columbia Heights, MN Pump House No. 3 Improvements INFORMATION REQUESTED FROM THE LOW BIDDER PAGE 00450-1 LIST OF SUBCONTRACTORS The low bidder is requested to list below the name and business address of each subcontractor who will perform work under this contract in excess of one-half of one percent of the Contractor's total bid price, and shall also list the portion of the work which will be done by such subcontractor. Work to be Performed 1. 2. 3. 4. 5. 6. 7. 8. R12. l l 9642 -Columbia Heights, MN Pump House No. 3 Improvements Percent of Contract Subcontractor Name and Address or Dollar Amount ****END OF SECTION•u• INFORMATION REQUESTED FROM THE LOW BIDDER PAGE 00450-2 EJCDC� ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE NOTICE OF A WARD Date of Issuance: 3-9-2020 Owner: Owner's Contract No.: Engineer: City of Columbia Heights, Minnesota Bolton & Menk, Inc. Engineer's Project No.: Rl 2.119642 Project: Pump House No. 3 Improvements Columbia Heights, MN Contract Name: Pump House No. 3 Improvements Columbia Heights, MN Bidder: NAC Mechanical & Electrical Services Bidder's Address: 1001 Labore Industrial Court, Vadnais Heights, MN 55110 TO BIDDER: You are notified that Owner has accepted your Bid dated March 4, 2020 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Pump House No. 3 Improvements The Contract Price of the awarded Contract is: $409,800.00 (Cummins Generator Alternate) Four (4) unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically. 0 a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of this Notice of Award: 1.Deliver to Owner four (4) counterparts of the Agreement, fully executed by Bidder. 2.Deliver with the executed Agreement(s) the Contract security [e.g., peiformance and payment bonds} andinsurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3.Deliver to Owner executed SECTION -00515 RESPONSIBLE CONTRACTOR NOTICE OF AWARD. SUPPLEMENTAL CONTRACTOR VERIFICATION OF COMPLIANCE in accordance with Minn. Stat.16C.285 subd.3 Subclauses (1) to (7). Delivery is a condition precedent to execution of this contract and failure to submit this fonn shall be cause for the Owner to cancel Award of Contract and declare your Bid security forfeited. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: By: Kevin Hansen, P .E. Title: Director of Public Works City Engineer EJCDC"' C-510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 SECTION 00515 -RESPONSIBLE CONTRACTOR -NOTICE OF AW ARD SUPPLEMENTAL CONTRACTOR VERIFICATION OF COMPLIANCE PROJECT TITLE: Pump House No. 3 Improvements -Columbia Heights, MN By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: My company meets each of the minimum criteria of Minn. Stat. § 16C.285, subd. 3, the Responsible Contractor statute. Pursuant to Stat. § 16C.285, subd. 3(7), my company has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor or motor carrier. The undersigned agrees that, if it retains additional subcontractors on the project after submitting its verification of compliance, it shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confinning compliance with Minn. Stat. § 16C.285, subd. 3(7), within 14 days ofretaining the additional subcontractors. Upon request, the undersigned shall submit to the contracting authority copies of the signed verifications of compliance from all subcontractors of any tier and all motor carriers providing for-hire transportation of materials, equipment, or supplies for a project. The undersigned understands that a failure to meet or verify compliance with the minimum criteria established for a "responsible contractor" as defined in Minn. Stat. § 16C.285, subd. 3, renders a bidder ineligible to be awarded a construction contract for the Project or to perfonn work on the Project. The undersigned understands that a false statement under oath verifying compliance with any of the minimum criteria shall make the undersigned, ineligible to be awarded a construction project and may result in tennination of a contract awarded to the undersigned. A contracting authority shall not be liable for declining to award a contract or tenninating a contract based on a reasonable detennination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. Supplemental Contractor Verification of Compliance -Pump House No. 3 Improvements -Columbia Heights, MN Company Name: Rl2.119642 -Columbia Heights, MN Pump House No. 3 Improvements Printed Name: Date: Sf�/1.020 RESPONSIBLE CONTRACTOR -NOTICE OF AW ARD PAGE 00515-1 SECTION 00516 -RESPONSIBLE CONTRACTOR-SUPPLEMENTAL ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: Pump House No. 3 Improvements -Columbia Heights, MN This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5 .... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) home office is located Additional Subcontractors List -Pump House No. 3 Improvements -Columbia Heights, MN By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on this form have been verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. � 16C.285. Company Name: Rl2. l 19642 -Columbia Heights, MN Pump House No. 3 Improvements Printed Name: Date: RESPONSIBLE CONTRACTOR-SUPPLEMENTAL PAGE 00516-1 SECTION 00520 -AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Columbia Heights, Minnesota ("Owner") and NAC Mechanical & Electrical Services ("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 all labor, materials, equipment, utilities and all other things necessary for the construction of the Pump House No. 3 Improvements, Columbia Heights, MN. 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: A.Remove and replace generator B.HV AC Improvements C.Electrical Improvements D.Miscellaneous Site Improvements ARTICLE 3 ENGINEER 3.01 The Project has been designed by Bolton & Menk, Inc., Mankato, which 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 4.02 4.03 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. Days to Achieve Substantial Completion and Final Payment A.The Work will be substantially completed within 240 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 calendar days after the date when the Contract Times commence to run. Substantial completion shall be defined as: New system operational with new back-up power. Liquidated Damages A.Contractor and Owner recognize that time is of the essence as stated in Paragraph 6.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achievedwithin the times specified in Paragraph 6.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in Rl2.l 19642-Columbia Heights, MN Pump House No. 3 Improvements AGREEMENT PAGE 00520-1 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): B.Substantial Completion: Contractor shall pay Owner nine hundred thirty dollars ($930.00) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 6.02A. above for Substantial Completion until the Work is substantially complete. C.Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner six hundred twenty dollars ($620.00) for each day that expires after such time until the Work is completed and ready for final payment. D.Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 CONTRACT PRICE (LUMP SUM) 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 8.0lA below: A.For all work other than Unit Price Work, a lump sum of: $409,800.00 All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. ARTICLE 6 PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments 6.02 A.Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 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 25th day of each month during performance of the Work as provided in Paragraph 9 .02 A. 1. below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. The cut-off date for calculation of completed unit price quantities for monthly progress payments will be on the 25th of each month. (a)Ninety-five (95) percent of Work completed (with the balance being retainage). (b)Ninety-five (95) percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2.The initial Progress Payment shall be paid in coordination with the OWNER'S regular accounts payable schedule falling closest after the initial Progress Payment becomes due in accordance withParagraph 14.02 of the General Conditions. Due to differences in the OWNER'S accounts payable cycle and start of construction, initial Progress Payment may cover a period of more than or less Rl2.119642 -Columbia Heights, MN Pump House No. 3 Improvements AGREEMENT PAGE 00520-2 6.03 than one month of construction. After the initial Progress Payment, subsequent Progress Payments will be made monthly in accordance with the OWNER'S regular accounts payable schedule. B.Upon Substantial Completion, retainage shall be paid except as follows: I.An amount up to 250% of the cost to correct or complete work known at the time of Substantial Completion shall be retained, and 2.The greater of$500 or 1% of the value of the contract shall be retained until all contract final paperwork is finalized. Final Payment A.Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 INTEREST 7.01 For contracts involving payment with public funds, including but not limited to cities, counties, towns, school districts, political subdivisions, or agencies of local governments, all monies not paid when due as provided in the General Conditions or Supplemental Conditions shall bear interest at a rate specified by statute. Per Minnesota Statutes 471.425, Subd4, it shall be I ½% per month or part of a month. ARTICLE 8 CONTRACTOR'S REPRESENT A TIO NS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A.Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B.Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 Laws and Regulations that may affect cost, progress, and performance of the Work. D.Contractor has carefully studied all: (I) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to HazardousEnvironmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings E.Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (I) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and proceduresof construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F.Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no 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. G.Contractor is aware of the general nature of work to be performed by Owner and others at the Site thatrelates to the Work as indicated in the Contract Documents. Rl2.119642 -Columbia Heights, MN Pump House No. 3 Improvements AGREEMENT PAGE 00520-3 H.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. I.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J.Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A.The Contract Documents consist of the following: 1.This Agreement (pages I to 6, inclusive). 2.Performance bond (pages 1 to 3, inclusive). 3.Payment bond (pages 1 to 3, inclusive). 4.Other bonds (pages __ to __ , inclusive). (a)__ (pages __ to __ , inclusive). (b)__ (pages __ to __ , inclusive). (c)__ (pages __ to __ , inclusive). 5.Responsible Contractor -Supplemental Verification Form, Additional Subcontractors List (page 00516-1, inclusive). 6.General Conditions (pages 1 to 65, inclusive). 7.Supplementary Conditions (pages 1 to 9, inclusive). 8.Specifications as listed in the table of contents of the Project Manual. 9.Drawings consisting of 13 sheets with each sheet bearing the following general title: Pump House No. 3 Improvements, City of Columbia Heights, Minnesota 10.Addenda (numbers l to 1, inclusive). 11.Exhibits to this Agreement (enumerated as follows): (a)Contractor's Bid (pages 00410-1 to 00430-2, inclusive). (b)Responsible Contractors Certification and Attachment A-1 (c)Documentation submitted by Contractor prior to Notice of Award (NIA). ( d)[List other required attachments (if any), such as documents required by funding or lending agencies]. 12.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 Orders. B.The documents listed in Paragraph 12.01 A. are attached to this Agreement (except as expressly noted otherwise above). Rl2. l l 9642 -Columbia Heights, MN Pump House No. 3 Improvements AGREEMENT PAGE 00520-4 C.There are no Contract Documents other than those listed above in this ARTICLE 12. D.The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 MISCELLANEOUS 10 .01 Terms 10,02 10.03 10.04 10.05 10.06 A.Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. Assignment of Contract A.Unless expressly agreed to elsewhere in the Contract, 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, money that may become due and money that is 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. Successors and Assigns A.Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents 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. Contractor's Certifications A.Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 13.05: I."corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2."fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3."collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4."coercive practice" means hanning or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Other Provisions A.Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. Rl2. l l9642 -Columbia Heights, MN Pump House No. 3 Improvements AGREEMENT PAGE 00520 -5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on 3 ..... 11...,0,__/2=-0=2=0......_ ______ _ (which is the Effective Date of the Agreement). OWNER: By: Title: City of Columbia Heights, Minnesota Mavor By:�� Title: c�-.:1 Attest:�� Title: Ci+'{ c1ex/ Address for giving notices: 637 38th Avenue NE Columbia Heights, MN 5542 I (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 this Agreement.) CONTRACTOR: By: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) 100 l Labore Industrial Court Vadnais Heights, MN 55110 License No.: (Where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. Agent for service of process: ****END OF SECTION**** R 12 .119642 -Columbia Heights, MN Pump House No. 3 Improvements AGREEMENT PAGE 00520-6 l'J('l)(''� \� .. -A . ,. ,.,.,=- PERFORMANCE BOND CONTRACTOR {name and address): NAC Mechanical & Electrical Services 1001 Labore Industrial Court, Suite B Vadnais Heights, MN 55110 OWNER {name and address ): City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Effective Date of the Agreement: 3/10/2020 SURETY {name and address of principal place of business): Travelers Casualty and Surety Company of America One Tower Square -2SHS Hartford, CT 06183 Amount: $409,800.00 -Four Hundred Nine Thousand Eight Hundred And No/100 Description {name and location): P ump House No. 3 Improvements -Columbia Heights, MN BOND Bond Number: 107247636 Date {not earlier than the Effective Date of the Agreement of the Construction Contract): 4/24/2020 Amount: $409,800.00 -Four Hundred Nine Thousand Eight Hundred And No/100 Modifications to this Bond Form: � None D See Paragraph 16 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 NAC Mechanical & Electrical Services __________________ (seal) Travelers Casualty and Surety Company of America --�-1--______________ (seal) Contractor's Name and Corporate Seal By�� Signatu� Lynn J. Bishop Rita Carlson Print Name Print Name President Attorney-in-Fact Title Ti � le Attest: � 'J3 ,M �A st:-IAI....L-+t-----=--==------------------ Signature ignature Title ltccovJf11VJ/1/-_su_re..:._tyA_ss_t. __________ _ Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC ® C-610, Performance Bond Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2.If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3.If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7.If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC ® C-610, Performance Bond Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 11.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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the 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 periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12.Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14.Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15.If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16.Modifications to this Bond are as follows: EJCDC" C-610, Performance Bond Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 I ,, l,l I PAYMENT BOND CONTRACTOR (name and address): NAC Mechanical & Electrical Services 1001 Labore Industrial Court, Suite B Vadnais Heights, MN 55110 OWNER (name and address): City of Columbia Hei.ghts 637 38th Avenue NE. CONS TRUCTION CONTRA(r°'umbia Heights, MN 55421 Effective Date of the Agreement: 3/10/2020 SURETY (name and address of principal place of business): Travelers Casualty and Surety Company of America One Tower Square -2SHS Hartford, CT 06183 Amount: $409,800.00 -Four Hundred Nine Thousand Eight Hundred And No/100 Description (name and location): Pump House No. 3 Improvements -Columbia Heights, MN BOND Bond Number: 107247636 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 4/24/2020 Amount: $409,800.00 -Four Hundred Nine Thousand Eight Hundred And No/100 Modifications to this Bond Form: [K] None D See Paragraph 18 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 NAC Mechanical & Electrical Services ------------------�ea� Lynn J. Bishop Print Name Presiden t Title Attest, 1w,aA £).Jkp Signature Title PvoJec� ./re co u 11 ta11 J- Title SURETY Travelers Casualty and Surety Company of America ----::=-_______________ (seal) Rita Carlson Print Name Attorney-in-Fact Title Atte� Surety Asst. Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC "' C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2.If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3.If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4.When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5.The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.2 5.1.1 have furnished a written notice of non­ payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety {90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7.When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 8. 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9.Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10.The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC '" C-615, Payment Bond Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, 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 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. 13.Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16.Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5.The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8.The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the 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. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17.If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC® C-615, Payment Bond Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF On this day of -------------------personally appeared ---, before me to me known to be the person bond, and acknowledged that described in and who executed the forgoing -------he executed the same as free Notary Public -------------- CORPORATION ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY oFcRo...(h� On this "o--:) day of /;f?·0 l 2020 , before me personally came Lynn J. Bishop to me known, who being by me duly sworn, did depose and say; that he is the President --------------of NAC Mechanical & Electrical Services the corporation described in and which executed the above instrument; that he knows the sealof said corporation; affixed by order of the Board of Directors of said corporation, and that hesigned his name thereto by like order. NOTARY PUBLIC MINNESOTA Notary Public SURETY ACKNOWLEDGMENT ST A TE OF MINNESOTA COUNTY OF HENNEPIN On this 24th day of April , 2020 , before me appeared RITA CARLSON to me personally known, who, being duly sworn, did say that she is the Attorney-in-Fact of Travelers Casualty and Surety Company of America of Hartford, CT that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and she did also acknowledge that she executed the said instrument asthe free act and deed of said Company. . -�·ai.·.''� -f! �-�-�,TRACY ALICIA CHEHOSKI .... A \� ...... :�,,..· :f' NOTAll'r' PUBLIC •.·,_,� • /' Ml�NE::SOTA -!,,,.,., MY COMMISSION EXPIRES JAN 31 20,5 ¥----· --4-1------'""..,.,.,.._�_;;;;c.....;;.,____;_ ____ Notary Public TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint RITA CARLSON of BROOKLYN PARK Minnesota , their true and lawful Attorney-in-Fact 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 17th day of January, 2019. State of Connecticut City of Hartford ss. On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President. any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents lo act for and on behalf of the Company and may give such appointee such authorily as his or her cerlificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors al any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any ExecuUve Vice President, any Senior Vice President or any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurnr, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Comp,my officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or lo any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other Writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true flnd correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 24th day of April . 2020 Z Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached.