2.6. ERMUSR 03-15-2016 i
Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
Elk River Municipal Utilities Commission Eric Volk-Water Superintendent
John Dietz—Chair
Al Nadeau—Vice Chair
Daryl Thompson—Trustee
MEETING DATE: AGENDA ITEM NUMBER:
March 15, 2016 2.6
SUBJECT:
Water Treatment Plant#7 Expansion Conformed Contract
BACKGROUND:
The Water Treatment Plant#7 Expansion Construction was awarded to Municipal Builders Inc. at the
February 9,2016 commission meeting. The conformed contract must be signed before any work can
begin on the expansion.
ACTION REQUESTED:
Staff recommends the Commission approve the Water Treatment Plant No. 7 Expansion Conformed
Contract.
ATTACHMENTS:
• Bid Form Section of the Water Treatment Plant No. 7 Expansion Conformed Contract
EN
INATURE1
Page1of1
Reliable Public
Power Provider P O W E R E D T D S ERV E
74
The Bid is to be submitted on photocopies of this Bid Form and the attachments provided.
DOCUMENT 00 41 00
BID FORM
Total Amount of Bid$ ti q 50i 753
Contractor's Name II r4 x CA PPrt^ i,i-o:C ,, i r-s ...
Telephone _7 a::S,, A - Ei-1 ,
PROJECT IDENTIFICATION: Water Treatment Plant No.7 Expansion
Elk River Municipal Utilities,Elk River,Minnesota
SEN No.ELKMU 134310
BIDS TO BE OPENED: Thursday January 28,2016,at 2:00 p.m.CST.
TABLE OF ARTICLES
Page
Article 1 —Bid Recipient 1
Article 2—Bidder's Acknowledgements..............................<......,............,.........,........,..,,..,..,,., 1
Article 3—Bidders Representations 2
Article 4—Bidder's Certification 2
Article 5—Basis of Bid 3
Article 6—Time of Completion............................ 3
Article 7—Attachments To This Bid... . ... ............... .. .........,..., ....... ........ ....,......, 3
Article 8—Defined Terms 3 1'
Article g—Bid Submittal ................................................................ . ....... .............4
ARTICLE 1 —BID RECIPIENT
1.01 This Bid is submitted to: Elk River Municipal Utilities
3060 Orono Parkway
PO Box 430
Elk River, MN 55330
1,02 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 Documents 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 instructions to Bidders,including without limitation
those dealing with the disposition of Bid security.The Bid will remain subject to acceptance for 60 days
after the day of Bid opening,or for such longer period of time that Bidder may agree to in writing upon
request of Owner.
Bid Form
ELKMU 134310 00 41 00-1
75
ARTICLE 3—BIDDER'S REPRESENTATIONS
3,01 In submitting this Bid,Bidder represents that
A. Bidder has examined and carefully studied the Bidding Documents,and any data and reference items
identified in the Bidding Documents,and hereby acknowledges receipt of the following Addenda.
Addendum No. Addendum Date
i I-L7, lam ___
2 HT-1
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 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(s)bid and within the times and in 1
accordance with the other terms and conditions of the Bidding Documents,
I
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.
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 or sham
Bid;
C. Bidder has not solicited or induced any individual or entity to refrain from bidding;and
i
Bid Form 1
00 41 00-2 ELKMU 134310
76
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,
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, persons or their
property to influence their participation in the bidding process or affect the execution of the
Contract.
ARTICLE S—BASIS OF BID
5,01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
LUMP SUM BID PRICE $ 1 LH S1 2-,;3
TOTAL ALLOWANCES $5,500
TOTAL BASE BID $ I i LI,.N 0, 7S3
if
ARTICLE 6—TIME OF COMPLETION
6.01 Bidder agrees that the Work will be substantially complete and completed and ready for final payment in
accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number
of calendar days Indicated in the Agreement
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE 7—ATTACHMENTS TO THIS BID
7.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid security.
B. List of Proposed Subcontractors,
C. List of Proposed Suppliers.
D. List of Project References.
E. Affidavit of Non-Collusion.
F, Verification of Compliance with Minnesota Statute 160.285.
G. Bidders Proof of Responsibility
H. Evidence of authority to do business in the state of the Project;or a written covenant to obtain such
license within the time for acceptance of Bids.
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.
P
Bid Form
ELKMI.1 134310 00 41 00-3
77
ARTICLE 9—BID SUBMITTAL.
9.01 This Bid submitted by:
If Bidder is:
An Individual
Name(typed or printed):
By: (SEAL)
(Individual's signature)
Doing business as:
A Partnership
Partnership Name: (SEAL)
By
(Signature of general partner-attach evidence of authority to sign)
Name(typed or printed):
A Joint Venture
Name of Joint Venturer.
First Joint Venturer Name: (SEAL)
By:
(Signature of first joint venture partner-attach evidence of authority to sign)
Name(typed or printed):
Title:
Second Joint Venturer Name: (SEAL)
By:
(Signature-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.)
Sid Form
00 41 00.4 ELKMU 134310
78
A Corporation
Corporation Name ii l 4...c.. e"),_),4--- --,-2-4›, (SEAL)
State of Incorporation' 1)rd►
Type(Gen, ices; Pro ---ionai,Service.Limited Liability): ! - "5•:4^, f .-`>(>_
By ear... '
( na , - -attach evidence of authority to sign)
Name(typed or printed): 7 44k..5. '
l itis: ? 5 - '
(CORPORATE SEAL)
Attest: Q`NUO LA
(Signattine(a orpor'ate Secretary)
Date of Qualification to do business in 1,4114r "› 'c34- is 1 /- a i s
(State INtrere Project is Located)
9.02 Contact Information
Bidder's Business Address: I—1 l 2-5 l...J.-.34.-4a:; 5'7- IA
L ,,,,1e t 1,0 p--) S-5'-'0.--1
Phone: 11,4"- 'i`D l ci CFacsimile: -7L 'Li Z I - 14'zC E-mail:
Submitted on
u a ,2Q 1l
Slate Contractor License No. -(If applicable)
.
i
Bid Form
ELKMU 134310 00 41 00-5
79
DOCUMENT 00 43 36
LIST OF PROPOSED SUBCONTRACTORS
Company Z O tue.- 5: Telephone No. 7L 3-1444-t -45
Name of Contact balk 'rpt_,( t .fCI--
Address "E" _ r tkt
Type of Construction M -.tea u s-1
Company 'F (_cl iN.:\ Telephone No.
CISZ-en- - 1-11--H
Name of Contact AM c',NI. (=-rofc. i
Addressr`t-, -t t*
Type of Construction -07 CP
Company 042 r ► . cc cANJ 'rt:. (1 Telephone No. ; 7 3-77
Name of Contact .t-'� ~- _ 0 T d
Address Qlvr. t,--fes-,, [` J.2i
Type of Construction . v -r-1 J.. 7L,TLOTIc
Company NI r T Telephone No, 7(',_-..•:- Z ems—C'( rl C
Name of Contact PRP I- J i--tom EN
]
Address i- C..i ii, &1 /1
Type of Construction Pi_bi A=I-P i tq C.
Company I-1 1 i-tJR AN PAIN'_ 1N C.- Telephone No. 74.<; . /CJ -7 51
Name of Contact Ay' N i F/'F M AN
Address (A t4 Xl fZ t n(.E, MAI
Type of Construction PAW -i It
Company if I N(,0 Telephone No. 2 1 g. - 757—4‘03g?
Name of Contact PAN'
Address -US FALL-S
Type of ConstructionL T R 1 L A
List of Proposed Subcontractors
ELKMU 134310 00 43 36-1
80
WOOCUMENT 00 43 37
LIST OF PROPOSED SUPPLIERS
)11'..- k
Company 1*-4,',Pe- V--)\)g"----2.- Telephone No. 3Zc-j- 'Z‘41-1-3cte)-9
Name of Contact ait,,I Sit-A,siDN-
Address4-1 b-1 SPAttl....-,t.,4'6,-A\ f)IL- Ni,E Sl.t.le- 121A-hp S rfik,i 56371
Material/Equipment to be Supplied 61-.1E fak-i-F_
Company 17-f DJ1&J PAiltt,'•442-L Telephone No. 6f 1-0-11 - (d-CD
Name of Contact tillikeli-- Pk-1,..-A-4 Ni
Address 57-7
Material/Equipment to be Supplied
Company V' At...3,---,- -,-i. cLAt--kicr )- Telephone No icaz.„- i 9 7.-:if-3 10
Name of Contact ),-0-L-rt c-4 F'f:--CtNeki-41.':-/)
Address
Materlal/Equipment to be Supplied Pf-e-A.-3C 5'1) -y.7)%P i. El
IpA,VcomPany waimpirx•ii.e.......-......:,...-1.--„.....- .... '111!4r.ne No. ' - ' ---
Name of Contact
Address bAt t1/4t
/ 1
Material/Equipment to be Supplied .,.. 0, ' g Zr A firm is , * * . • '!? ' 1
Company V Es:_s r 0 Telephone No. ei 4 Z. 3/L1-.
Name of of Contact Az14 Ai DE
Address Cii APMA......,...... /
c(Tv /lp
Material/Equipment to be Supplied i (i IJ T 1.Z.Gt-, ,-.±? Ea tki FIM ENT
Company Telephone No.
Name of Contact
Address
Material/Equipment to be Supplied
List of Proposed Suppliers
ELKMU 134310 00 43 37-1
81 •
•
DOCUMENT 00 4414
PROJECT REFERENCES
Below is a listing of the 5 most recent projects of a similar nature to this project which we have completed.
1. Contraeting Agency - r, vet,.,,M•
Description of Work LA 4 fi i r. 2-Tat'Arfi ,` "
Agency Representative r-aT-24 7 ,,.,; . .
Tilde .,,+C�PLL,
6�{ � 0a:�{ Phone t (c t 5 1 t Z Date of Contract I
2. Contracting Agency tI *
Description of Work 1 � t C-� i t `r t-ti� P S?1--%T F-�t' -
Agency Representative ?k-1
Title � . � �, Y �. [Ntr,. Phone q i s { Date of Contract 41
3. Contracting Agency (?.,'r t cSCD 1-4 iN
Description of Work L
ret6 v`\s , ' tsar'n ,17- Pc-p4,cr i .
Agency Representative . , l C t o r ..
Title 1 .Lu L .i .:►.;-j'e't- Phone -A.:2 - -Led" Date of Contract 1/1
4. Contracting Agency e'1111
Description of Work 2.t ,.y r.i 6, "1Ta. .-;1-•4,. .s- r Pc,fxr-3 4
Agency Representative C - t- \,041/4„, � r-- r-�
Title e-- )tL'r e�,�u ,'. Phone ---/G-2 "1'U% 11r_ Date of Contract
5. Contracting Agency C.' .1 tai ( + r^ '�
Description of Work k .t-A4.t-A4jvk i Flt- IPAP• Ta -•,.r 740. Z.
Agency Representative 1r► i ,>+ t.J S C
Title .s‘ 1:3-- Phone 71 -517 52-5 3 Date of Contract 6111
Name of.Bidder !`fug„ , t «rti.
By - AA
Project References
ELKMU 134310 00 44 14-1
82
DOCUMENT 00 46 17
BIDDERS PROOF OF RESPONSIBILITY
This Bidders Proof of Responsibility must be submitted in accordance with Article 3,01 of the Instructions to
Bidders;
On all contracts, bidder must submit a full and complete statement sworn to before any officer authorized to
administer oaths of financial ability,equipment,experience in the work prescribed,and such other matters as the
municipality may require for the protection and welfare of the public.
The objective of the questionnaire Is not to discourage bidding or make it difficult for qualified bidders to file bids.
Neither is It intended to discourage beginning contractors. It is intended to make it possible for the Owner to have
exact information on financial ability,equipment and experience involved in awarding contracts to parties
unfamiliar to the Owner.Owner reserves the right to require additional information before awarding the contract in
order to determine qualification for the work,
The contents of this questionnaire will be considered confidential.
This questionnaire is to be submitted to the following;the outside clearly marked"BIDDERS PROOF OF
RESPONSIBILITY":
Attn: Colin Fitzgerald
Short Elliott Hendrickson inc.
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
651.490.2000
it is recommended that this questionnaire be returned by Registered Mail.
If the Owner is not satisfied with the sufficiency of the answers to the questionnaire a financial statement may be
required or they may reject the bid or require additional information.
STATEMENT OF BIDDER'S QUALIFICATIONS
1, Name of Bidder 1''1
2. Bidder's Address: 1 t `�-k f A t- ,rz,. 5
3. When Organized: 4-4�1 1t`1
4. Where Incorporated: 10I.'v,J j� T
5. How many years have you been engaged in the contracting business under the present firm name:
23 'f EAU-
6.
A 6. Contracts on hand(attach a list of present contracts, including a schedule as to estimate completion date
and gross amount of each contract).
7. General character of work performed by your firm.
11`4"*-- -ice t J a=,s, f MAPLE P-
8. Have you ever failed to complete any work awarded to you:
Yes No ) , If so,attach a statement detailing where and why.
9. Have you ever defaulted on a contract:
Yes No . If so,attach a statement detailing where and why.
Bidders Proof of Responsibility
ELKMU 132517 00 4517-1
83
10. Attach list of the more important contracts completed by your firm.including kind of work and approximate
cost
11. Attach list of your major equipment.
12. Attach a statement of your experience in the construction of work similar in scope to this project.
13. Attach statement of background and experience of the principal members of your personnel, including the
officers.
14. Credit availability Furnish written evidence,preferably from banks,
15. Additional Information may also be submitted if desired.
Bidders Proof of Res*•nsibili
00 4517-2 ELKMU 132517
84
e
i2F1 ==.1
(Municipal Builders , Inc. )
LIST OF CONTRACTS ON HAND
Below is a listing of the current contracts on hand with the estimated completion dates,
and gross amount of each contract
1. Shoreview WTP#1
Contract Total: $10.002.874.59
Estimated Completion: July 2016
2. North Mankato Well#9 and Storage
Contract Total: $843,936.29
Estimated Completion:June 2016
85
LIST OF IMPORTANT COMPLETED CONTRACTS
Below is a listing of four major projects which MBI has completed with a high level of
success and satisfaction.
i. Contracting Agency City of North Branch, Minnesota
Description of Work 3.6 MGD Water Treatment Plant No. 2
Agency Representative Kevin Newman of WSB
Title Project Engineer Phone 763-541-4800 Date of Contract 05-07
Contract Price$6.600.500 Date of Completion 11-08
Owner Russ Good 651-674-7100
2. Contracting Agency City of Edina. Minnesota
Description of Work 6.34 MGD Water Treatment Plant No. 6
Agency Representative Chad Donnelly
Title Project Engineer Phone 763-852-4220 Date of Contract 06-11
Contract Price$6.234,430 Date of Completion 12-12
Owner Dave Goergen 952-826-0312
3. Contracting Agency City of Minneapolis/Fridley. Minnesota
Description of Work 130.0 MGD Water Treatment Plant/Ammonia system
Agency Representative Roger Scharf
Title Project Engineer Phone 651-365-8539 Date of Contract 08-12
Contract Price$50153.853 Date of Completion 11-14
Owner Dale Folen 612-210-2476
4. Contracting Agency City of Minneapolis/Fridley. Minnesota
Description of Work 130.0 MGD Water Treatment Plant!Split WTP Flow
Agency Representative Roger Scharf
Title Project Engineer Phone 651-365-8539 Date of Contract 07-13
Contract Price$2.542.881 Date of Completion 11-14
Owner Dale Folen 612-210-2476
86
Municipal Builders, Inc.
Business Insurance Summary - 5/28/15 to 5/28/16
Insurers - United Fire and Casualty and SFM
Prepared by Klein Agency, Inc.
Equipment Schedule as of 5128114
Serial Insured
Number Limit
1. 1994 Case Uni-Loader Model 1845 C wl Attachments JAF0142626 10,000
2. 1965 Link Belt Model 1088 Truck Crane & Equipment 9LGH3197 50,000
3, Miller Bobcat 225G &Welder KF833560 2,000
4., 1965 American Model 599C Crawler Crane and Equipment 0510498 50,000
5. Bomag Upright Compactor 101540051524 1,200
6. Walker Plate Tamper Model*SPU 2950 A 699366199 3,500
7. Pressure Washer Alkota 4182 187510 2,500
8. Theodolite (Digital) Topcon DT 20 F70301 500
9. 2 Partner Cut-off Saws 62700341120121101194 2,000
10. Hilti PR 26 Laser 104120014 2,500
11, 2005 Cat Skidsteer SCP01829 30,000
12. 3 Gas Meters ZEL11017141ZEL1006225 3,000
13. Hilti Core Drill w1Bits DD8OE 1,000
14. Milwaukee Core Drill wlbits 7408100015056 2,000
15. John Deere Lawn Tractor M00335A096697 4,500
16. 1999 CAT D5C Dozer 6CS00638 37,500
17. Sull Model 185 Air Compressor 145543 6,500
18. Honda Test Pump 05811-A 1,800
19. 2005 Sportsman 800 4XAMH76AX5A625131 4,900
20. 2006 Yale Forklift B875808837D 24,000
21. 2007 Polaris Ranger 4XARH68A474117218 12,100
22, Cat TL1255 Forklift TBN00209 105,000
23. Wacker 3"Trash Pump& Hoses 672908180 1,600
24. 2009 Sweepster Skidsteer Broom 3,500
25. 2008 Cat 277C Multi-terrain Loader JWF00825 45,000
26. Virnig Brush Mower 63552 3,800
27. Millermatic 252 Wire Feed Welder MC030630N 2,600
28. Cat Pneumatic Forklift AT3480224 27,000
29. 2010 Cat 277-C JWF02035 46,995
30. OS 10 8x36 Jobsite Trailer 8,015
31. Eagle Talon Grapple Rake 1040874 5,000
32. 2000 lb Coifing Hoist HNA2487ND 2,300
33. Quick Push Snow Blade 1042782 2,500
Total $ 504,810
87
t l
(Municipal Builders , Inc.)
STATEMENT OF EXPERIENCE
IENCE
During the past 5 years, Municipal Builders, Inc. has built or re-modeled 8 water
treatment facilities. Ranging in capacity from 1.4 MGD up to 130 MGD with costs
ranging from $600k to$IOM.
i7125 Roanoke Street NW v Andover, MN 55304 • Phone:(76 3)421-8790 FAX (763) 421-1028
88
D
L (MunicupaIButicIers , Inc.
Christopher Michael Sluiter
8836 Ranier Lane N.
Maple Grove, MN 55311
Employment: 1998—Current Project Manager
Municipal Builders, Inc., Andover, MN
Certifications: 2010—Current Certified Construction Site Management
University of Minnesota
2014, 2003 Confined Space Entry
ARK/CEF
2013, 2001 OSHA 10-hour
ABC of MN
2009 Ladders, Trenching & Exc.,
Fall Protection &scaffold safety
ABC of MN
2007 OSHA Workplace Safety
Fred Pryor Seminar
Education: 1998 BS Construction Management
South Dakota State University
89
! Li 'J 4
_
unBuilders , Inc.5)
Nathan David Neubauer
7205 Polaris Lane N.
Maple Grove, MN 55311
Employment: 2008—Current Project Manager
Municipal Builders, Inc., Andover, MN
Certifications: 2014 Confined Space Entry
ARK I CEF
2013, 2007 OSHA 10-hour
ABC of MN
2009 ladders, Trenching & Exc.,
Fall Protection &scaffold safety
ABC of MN
Education: 2008 BS Construction Management
Mankato State University
90
Municipal al Builders , Inc
Matt Sigrist
676 E California Ave
Maplewood, MN 55110
Employment July 2012—Current Superintendent
Municipal Builders, Inc., Andover, MN
2003—2011 Senior Foreman/Job Sup
Rice Lake Construction, IJeerwood, MN
2000-2003 Foreman
Sheehy Construction, St. Paul, MN
1998—2000 Lead Man
Sheehy Construction, St. Paul, MN
Certifications: 2015 Certified Flatwork Technician
American Concrete Institute
2013 OSHA 10-hour
ABC of MN
2000's OSHA 40, Superintendent Certification,
Scaffold, Confined Space, Cranes,
Rigging, Welding
Military Service: 1993-198 United States Marine Corp.
91
14
r_
t
(Municipal Builders , Inc1
John Richard Wagner
17125 Roanoke St NW
Andover, MN 55304
Employment: 1993—Current President I Owner
Municipal Builders, Inc., Andover, MN
1979- 1993 Project Coordinator!Project Manager
Barbarossa &Sons
Education: 1979 Architectural Drafting & Construction
Technology
Anoka/Hennepin Tech
92
Bank
3585124th A► we NW,Coon Rapids,MN 55433-1005
Phone:(763)780-0484 Fax:(763)7834863
January 27,2016
RE: Line of Credit:
To Whom It May Concern:
This letter is to inform you that Municipal Builders,Inc.has a long standing relationship
with Central Bank. All of theredeposit and loan accounts have been handled as agreed.
Municipal Builders,Inc. had a line of credit set up with.Central Bank in the past and the
bank would welcome the opportunity to provide MBI with similar financing if the need
arrives. All requests would be subject to regular underwriting practices by the bank.
Should you have any questions,please feel free to give me a call.
Since ely,
1J+ cGuire
Branch President
Member r
C Equal Housing Lender www cenfralbnk,com
93
DOCUMENT 00 46 19
AFFIDAVIT OF NON-COLLUSION
STATE OF t./k%I 4. &
COUNTY OF
I Hereby swear(or affirm)under the penalty of perjury:
1) That I am the bidder(if the bidder is an individual),a partner in the bidder(If the bidder is a
partnership)or an officer or employee of the bidder corporation having authority to sign on its behalf
(if the bidder is a corporation);
2) That the attached bid or bids have been arrived at by the bidder Individually and have been submitted
without collusion with,and without any agreement, understanding or planned common course of
action with any other vendor of materials,supplies,equipment or services described in the invitation
to bid designed to limit individual bidding or competition;
3) That the contents of the bid or bids have not been communicated by the bidder or Its employees or
agents to any person not an employee or agent of the bidder or its surety on any bond furnished with
the bid or bids,and will not be communicated to any such person,prior to any official opening of the
bid or bids;and
4) That I have fully Informed myself regarding the accuracy of the state- s ',ade in this affidavit.
Subscribed and sworn to before me this � " AK 1, , `sz*--►`
Bid,- I. :,, at re
1.1?
: .�day of __.Y.-----1 ,20 r t r
Notary , ` Title
Lh •CAEUMIETNME' a Company
1, ; Notify Pubic
Minnesota
�,.II . , , _..1,._u 31 s1 7
Error)Reference source not found.
ELKMU 134310 00 4519-1
94
DOCUMENT 00 45 45
VERIFICATION OF COMPLIANCE
WITH MN STATUTES 160.285
State of Minnesota—Responsible Contractor Requirement(for responses In excess of$50,000 only)
Minnesota Statute 160.285,subdivision 7, IMPLEMENTATION.... any prime contractor or subcontractor or
motor carrier 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... ft is your sole responsibility to provide this information at the due date and time of the bid.
Minnesota Statute 180.285,subdivision 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:
Your response will be rejected unless:
(1) The Contractor
(I) is in compliance with workers'compensation and unemployment insurance requirements;
(ii) is in compliance with Department of Revenue and Department of Employment and Economic
Development registration requirements if it has employees;
(Iii) has a valid federal tax identification number or a valid Social Security number if an individual;
(iv) has flied a certificate of authority to transact business in Minnesota with the secretary of state if a foreign
corporation or cooperative;
Your response will be rejected unless:
(2) The Contractor or related entity is in compliance with and,during the three-year period before submitting
the verification, has not violated section 177.24,17725, 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,provided that a failure to pay is
'repeated'only if it involves two or more separate and distinct occurrences of underpayment during a
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;•
Verification of Compliance
ELKMU 134310 00 45 45-1
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(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 3261,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 that have
authority to debar a contractor;and
(7) Check if 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. 160,285,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.
Prior to execution of a construction contract,and as a condition precedent to the execution of a construction
contract,the apparent successful prime contractor shall submit to the contracting authority a supplemental
verification under oath confirming compliance with subdivision 3,clause(7).Each contractor or
subcontractor shall obtain from all subcontractors 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,
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 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.
Minn.Stat. 16C.285, Subd.5a.MOTOR CARRIER VERIFICATION
A prime contractor or subcontractor shall obtain annually from all 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 motor
carrier.A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate
written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in
subdivision 3 after submitting its annual verification.A motor carrier shall be ineligible to perform work on a
project covered by this section if it does not meet all the minimum criteria in subdivision 3.Upon request,a
prime contractor or subcontractor shall submit to the contracting authority the signed verifications of
compliance from all motor carriers providing for-hire transportation of materials,equipment,or supplies for a
project.
_ C
Verification of Compliance
00 45 45-2 ELKMU 134310
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Minn. Stat. 160.285, Subd,4.VERIFICATION OF COMPUANCE
A contractor responding to a solicitation document of a contracting authority shall submit to the contracting
authority a signed statement under oath by and owner of officer verifying compliance with each of the minimum
criteria in subdivision 3,with the exception of clause(7),at the time that it responds to the solicitation documents.
A contracting authority may accept a signed statement under oath 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.A prime contractor,subcontractor,or motor carrier that fails to verify compliance with any one of the
required minimum criteria or makes a false statement under oath in a verification of compliance shall be 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.A verification of compliance need not be notarized.An electronic
verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of
compliance under this section provided that it contains an electronic signature as defined in section 3251.02,
paragraph(h).
Minn.Stat. 160.285,Subd.6.ADDITIONAL CRITERIA
Nothing in this section shall restrict the discretion of a contracting authority to establish additional factors for
defining contractor responsibility.This subdivision is not an independent grant of authority to a contracting
authority to establish additional minimum criteria pursuant to subdivision 3.
CERTIFICATION
By signing this document,I certify that I am authorized to sign on behalf 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 in
Minn.Stat. 16C.285,
2) I have included a list of my first-tier subcontractors with my company's solicitation response,
3) if my company is awarded - co =ct, will submit a list of additional subcontractors as required.
Name of Company: " ,, ) .
Authorized Signature: 41.---1
0
Printed Name: -----Y- 49.4 \ -z—
.,
Title: i)..2- -, 8"1.1E--,,A-c-rte s
Date: 1`Ict 2...17..w..„.., T- phone number: 7t 5-4 Z't- e.)—M
Before me on this E 'N#''.-day of e ,20 t Ls ,personally appeared
AC,li r4 I.. ,'r.i E Ca Ni -+ - known to be,who being duly sworn did depose and say that he is the
PV EC xi I\F-{<1-1 (office)of the Contractor above mentioned that he executed the above
Verification of Compliance and Affidavit on behalf of said Contractor;and that all of the statements contained
therein are true,correct and complete.
Attest:
Notary Signature: ' -C 4'i Q 4; "
Printed Name: e-1 t `$ C_-Pr E-; - trv4 C--r ry x- .
My Commission expires: 'S. --,01/4. 72D t ,20 i
Date: 1- i -. - I,L. Telephone number. lid-i -y 1-11`i t`
` JESSICA EUZAIETH
L14 "" Notify Public
x Minnesota
salon E ! 31 7
--,
VeriricaUon of CoViance
ELKMU 134310 00 45 45-3 ,'
97
LIST OF FIRST TIER SUBCONTRACTORS
(-
Company KIN V.- F-424.04-- Telephone No. -GOO'S
Name of Contact 45d--.1kri
Address c: e.to-P-1
Type of Construction INAIL.N.,t 121
CompanyCKZ—
?---LC NJ Telephone No. •
Name of Contact ikete..-w-j 601?-1-*Y-1-.1
Address .5AkA-1 f
Type of Construction
Company 1)2-10 EK.c. VP,Ti 1-,.1C-1 Telephone No 7L,2 - 1S3 -178
Name of Contact
Address ANCV-40-1/4.
Type of Construction /07-11-17i E 5
Company I Telephone No.
Name of Contact
Address
Type of Construction ft_a/4 8iNG
Company 141bt AI A N PA 1,V If Aft Telephone No.
Name of Contact
Address
Type of Construction PAINTiM.;
Company VI Ail _c7 Telephone No.
Name of Contact
Address
Type of Construction E CT Ai CAL-
Verification of Compliance
OO 45 45-4 ELKMU 134310
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tI] #,
C;
,I Office.of the Minnesota Secretary of State
Certificate of Good Standing
1,Mark Ritchie,Secretary of State of Minnesota,do certify that: The business entity
listed below was filed pursuant to the Minnesota Chapter listed below with the Office of
the Secretary of State on the date listed below and that this business entity is registered to
do business and is in good standing at the time this certificate is issued.
Name: Municipal Builders, Inc.
Date Filed: 01/19/1993
File Number: 7R-276
Minnesota Statutes,Chapter: 302A
Home Jurisdiction: Minnesota
This certificate has been issued on: 09/24/2014
ilkmurll
,, 0tthI'[t_,7y0• 4. � y
,�� .9 �' Mark Ritchie
l+
: F.1 Secretary of State
1 �{ f; State of Minnesota
'If
fIr}lOJll1iirrn U31• "
99
Resolution of Board of Directors or
Municipal Builders, Inc.
Authorizing Corporate Signatures
A meeting of the board of directors of this corporation was duly called and held on
Friday,January 1', 2010 at 4 o'clock p. rn., at the offices of the corporation located at
17125 Roanoke St. NW Andover,MN 55304.
A quorum of the board of directors was present and at the meeting it was decided, by
majority vote, that the officers of the corporation for the 2010 fiscal year and following
shall be authorized to sign corporate documents as follows:
John.Wegner, President—shall be authorized to sign all corporate and financial
documents,as well as all documents regarding the bidding, awarding,and completion of
all contract work.
Jennifer Wegner, Vice-President—shall be authorized to sign all corporate and financial
documents.
Jessica Wegner, Secretary/Treasurer—shall be authorized to sign all corporate and
financial documents.
Therefore, it is RESOLVED,that the officers are authorized to sign the above documents
until and if removed from their position or authorization by a subsequent meeting and
resolution of the Board of Directors.
The officers of this corporation are hereby authorized to perform all necessary acts to
carry out these resolutions.
The undersigned,Jessica Wegner,certifies that he or she is the duly elected secretary of
this corporation and that the above is a true and correct copy of the resolution that was
duly adopted at a meeting of the board of directors that was held in accordance with state
law and the bylaws of the corporation on Friday, January 15°,2010. 1 further certify that
such resolution is now in full force and effect.
Dated:January 1", 2010
Corporate Seal
. !' 4'
Si_ .ure of Secretary of Cor ration
4-.
Jessica Wegner
Printed Name of Secretary of Corporation
100
DOCUMENT 00 52 00
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by and between Elk River Municipal Utilities
(Owner)and Municipal Builders, Inc. (Contractor).
Owner and Contractor hereby agree as follows:
ARTICLE 1 —WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is
generally described as the Water Treatment Plant Na.7 Expansion.
ARTICLE 2—THE PROJECT
2.01 The Project,of which the Work under the Contract Documents is a part, is generally described as follows:
Water Treatment No.7 Expansion.
ARTICLE 3--ENGINEER
3.01 The Project has been designed by Short Elliott Hendrickson Inc.(SEW).
3.02 The Owner has retained SEH(Engineer)to act as Owner's representative,assume all duties and
responsibilities,and have the rights and authority assigned to Engineer in the Contract Documents in
connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4—CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any,Substantial Completion,and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times:Dates
A. The Work will be substantially completed on or before February 15.2017,and completed and ready
for final payment in accordance with Paragraph 15.013 of the General Conditions on or before
June 16 2017.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and
that Owner will suffer financial loss if the Work is not completed within the times specified in
Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract.The
parties also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed on time.Accordingly,
instead of requiring any such proof.Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty):
1. Substantial Completion:Contractor shall pay Owner$500 for each day that expires after the
time(as duly adjusted pursuant to the Contract)specified in Paragraph 4,02.A above for
Substantial Completion until the Work is substantially complete.
2. Completion of Remaining Work:After Substantial Completion,if Contractor shall neglect,
refuse,or fail to complete the remaining Work within the Contract Time(as duly adjusted
pursuant to the Contract)for completion and readiness for final payment, Contractor shall pay
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ELKMU 134310 00 5200-1
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Owner$500 for each day that expires after such time until the Work is completed and ready for
final payment.
3. Liquidated damages for failing to timely attain Substantial Completion and final completion are
not additive and will not be imposed concurrently.
4.04 Special Damages
A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner(1)for
any fines or penalties imposed on Owner as a direct result of the Contractors failure to attain
Substantial Completion according to the Contract Times,and(2)for the actual costs reasonably
incurred by Owner for engineering construction observation, inspection,and administrative services
needed after the time specified in Paragraph 4.02 for Substantial Completion(as duly adjusted
pursuant to the Contract),until the Work is substantially complete.
B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse,or fail to
complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the
actual costs reasonably incurred by Owner for engineering,construction observation,inspection,and
administrative services needed after the time specified in Paragraph 4.02 for Work to be completed
and ready for final payment(as duly adjusted pursuant to the Contract),until the Work is completed
and ready for final payment.
ARTICLE 5—CONTRACT PRICE
5,01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the
amounts that follow,subject to adjustment under the Contract
A. For all Work,at the prices stated in Contractor's Bid attached hereto as Document 00 41 00,
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
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.
6.02 Progress Payments;Retainage
A. Subject to the provisions of SC-15.01.C, Owner shall make monthly progress payments on account of
the Contract Price on the basis of Contractor's Applications for Payment during performance of the
Work as provided in Paragraph 6.02.A.1 below, provided that such Applications of 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:
a. 95 percent of Work completed(with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the Work(with the
balance being retainage).
B. Upon Substantial Completion,Owner shall pay an amount sufficient to increase total payments to
Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to
Paragraph 15.01.E of the General Conditions,and less 100 percent of Engineer's estimate of the
value of Work to be completed or corrected as shown on the punch list of items to be completed or
corrected prior to final payment
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005200-2 ELKMU 134310
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6.03 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 All moneys not paid when due as provided in Article 15 of the General Conditions shall bear interest at
the maximum rate allowed by law at the place of the Project.
ARTICLE 8 CONTRACTOR'S REPRESENTATIONS
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: (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. 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
(1)the cost,progress,and performance of the Work;(2)the means, methods,techniques,
sequences,and procedures of 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
that relates to the Work as indicated in the Contract Documents.
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.
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ELKMMMU 134310 00 5200-3
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ARTICLE 9–CONTRACT DOCUMENTS
9.01 Contents
A, The Contract Documents consist of the following:
1. Addenda(numbers 00 00 11 to 00 00 13, inclusive).
2. This Agreement(pages 00 52 00-1 to 00 52 00-6, inclusive).
3. Performance Bond(Document 00 61 13).
4. Payment Bond(Document 00 61 14).
5. General Conditions(pages 00 72 00-1 to 00 72 00-65,inclusive).
6. Supplementary Conditions(pages 00 73 00-1 to 00 73 00-9,inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
9. The Drawings listed in the index located on Drawing Sheet G2
10, Exhibits to this Agreement(enumerated as follows).
a. Contractor's Bid(Document 00 41 00).
b. Documentation submitted by Contractor prior to Notice of Award(pages—to
inclusive),
c. Certificate of Insurance.
11. The following which may be delivered or issued on or after the Effective Date of the Contract
and are not attached hereto:
a. Notice to Proceed,
b. Field Order(s).
c. Work Change Directive(s).
d. Change Order(s).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement(except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended,modified,or supplemented as provided in the
General Conditions,
ARTICLE 10–MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
10.02 Assignment of Contract
A. 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.
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00 52 00-4 ELKIMU 134310
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10.03 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.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and
binding upon Owner and Contractor,who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the sstriicken provision.
10.05 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 10.05:
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 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 harming 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.
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ELKMU 134310 00 52 00-5
105
IN WITNESS WHEREOF.Owner and Contractor have signed this Agreement.
This Agreement will be effective on February 9,2016(which is the Effective Date of the Contract).
OWNER: CONTRACTOR:
Elk River Municipal Utilities Municipal Builders, inc.
By: By;
Title: Title:
[CORPORATE SEAL] [CORPORATE SEAL]
Attest: Attest:
Title: Title:
Address for Giving Notices: Address for Giving Notices:
Elk River Municipal Utilities
3069 Orono Parkway.P.O.Box 430
Elk River, MN 55330
License No.
(If Owner is a corporation,attach evidence of authority (Where Applicable)
to sign, If Owner is a public body,attach evidence of
authority to sign and resolution or other documents Agent for service of process:
authorizing execution of Owner-Contractor
Agreement).
(If Contractor is a corporation or a partnership,attach
evidence of authority to sign.)
Designated Representative: Designated Representative:
Name: Name:
Title: Title:
Address: Address
Phone: Phone:
Facsimile: Facsimile:
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00 52 00-6 ELKMU 134310
106
DOCUMENT 0073 00
SUPPLEMENTARY CONDi71ONS
TABLE OF ARTICLES
Article Number Tale Page
SC-2.02 Copies of Documents 1
SC-4.03 Reference Points 2
SC-5,03 Subsurface and Physical Conditions 2
SC-5.05 Underground Facilities 2
SC-5.05.E Underground Facilities..................................................................................................... 2
SC-5.06 Hazardous Environmental Conditions .2
SC-6.03 Contractor's Insurance 3
SC-6,05 Property Insurance 3
SC-6.05 Property Insurance 4
SC-6,05 Property Insurance 4
SC-7,02 Labor,Working Hours..... 4
SC-7.02 Labor,Working Hours 4
SC-7.06 Concerning Subcontractors,Suppliers,and Others 4
SC-7.08 Permits..........., 4
SC-7.8 Permits 4
SC-7.10 Laws and Regulations 5
SC-10.03 Project Representative 5
SC-15.01.6 Applications for Payments 7
SC-15.01.6 Applications for Payments 8
SC-15.03 Substantial Completion 8
SC-15.03 Substantial Completion 8
SC-15.05 Final Inspection8
SC-15.06.A Application for Payment 8
SC-15.08 Correction Period 8
These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction.
Contract, EJCDCe C-700(2013 Edition).All provisions that are not so amended or supplemented remain in full
force and effect.
The terms used in these Supplementary Conditions will have the meanings stated in the General Conditions.
Additional terms used in these Supplementary Conditions have the meanings stated below,which are applicable
to both the singular and plural thereof.
The address system used in these Supplementary Conditions is the same as the address system used in the
General Conditions,with the prefix"SC"added thereto.
SC-2.02 Copies of Documents
Delete Paragraph 2.02.A in its entirety and insert the following:
A. Owner shall furnish to Contractor 2 printed copies of the Contract Documents(including one
fully executed counterpart of the Agreement),and one copy in electronic portable document
format(PDF),Additional printed copies will be furnished on request at the cost of
reproduction.
Revised per Addendum 3-Supplementary Conditions
ELKIwMU 134310 00 73 00-1
107
SC-4.03 Reference Points
Add a new paragraph immediately after Paragraph 4.03,A to read as follows:
B, Contractor shall provide a minimum of 48 hours written notice to the Engineer in advance of
the need for construction stakes on the Project. No claim for delays under Paragraph 4.05 of
the General Conditions due to the need for construction stakes will be considered unless
48 hour written notice has been provided and the Contractor is proceeding under an
accepted Progress Schedule.
SC-5.03 Subsurface and Physical Conditions
Add the following new paragraph(s)immediately after Paragraph 5.03.5:
C. The following reports of explorations and tests of subsurface conditions at or adjacent to the
Site are known to Owner:
1. Report dated September 30,2015 prepared by Independent Testing Technologies, Inc.
titled: Report of Geotechnical Exploration,Treatment Plat 7 consisting of 27 pages
including covers and appendices.
SC-6.05 Underground Facilities
Add the following sentence at the end of the first sentence of Paragraph 5.05.A:
The subsurface utility information in this plan is utility quality level D.This quality level was
determined according to the guidelines of CI/ASCI!3$-00.titled"Standard Guideline for the
Collection and Depiction of Existing Subsurface Utility Data.
SC-5.05.8 Underground Facilities
Add new paragraph immediately after Paragraph 5.05.6 to read as follows:
1. Underground utility locations can be obtained from the following owners and services:
Utility Owner Phone
Water Elk River Municipal Utilities 769.441,2020
Sewer Elk River Municipal Utilities 763.441.2020
Natural Gas CenterPoint Energy 612.372.4727
Electric Elk River Municipal Utilities 769.441.2020
Location Service Gopher State One Call Metro:651.454.0002
Out State:800.252.1166
SC-5.06 Hazardous Environmental Conditions
Delete Paragraphs 5.06.A and 5.06,6 in their entirety and insert the following:
A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known
to Owner.
B. Not Used.
Supplementary Conditions-Revised per Addendum 3
007300-2 ELKMIU 134310
108
SC-6.03 Contractor's Insurance
Add the following new paragraph immediately after Paragraph 6.03.3:
K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions
shall provide coverage for not less than the following amounts or greater where required by
Laws and Regulations:
1. Worker's Compensation and related coverages under Paragraphs 6.03.A.1 and A.2 of
the General Conditions:
a. State: Statutory
b, Federal.if applicable(e.g., Longshoreman's): Statutory
c. Employer's Liability:
1) Bodily injury,each accident $2.000.000
2) Bodily injury by disease,each employee $2.000.000
3) Bodily injury/disease,aggregate $2.000.000
2. Contractors Commercial General Liability under Paragraphs 6.03.E and 6.03.0 of the
General Conditions:
a. General Aggregate 82.000.000
b. Products-Completed Operations Aggregate $2.000,000
c. Personal and Advertising Injury 82.000.000
d. Each Occurrence(Bodily Injury and Property Damage) $2.000.000
3. Automobile Liability under Paragraph B.03.D of the General Conditions:
a. Bodily Injury:
Each person $2.000.000
Each Accident $2.000`000
b. Property Damage:
Each Accident $2.000.000
OR
a. Combined Single Limit of $2.000.000
4. Excess or Umbrella Liability
a. General Aggregate ,$5.000.000
b. Each Occurrence $5.000.000
5. Contractor's Pollution Liability:
a. Each Occurrence 82.000.000
b. General Aggregate $2.000.000
7. Contractor's Professional Liability:
a. Each Claim $2.000,000
b. Annual Aggregate $2.000.000
SC-6.05 Property Insurance
Add the following new subparagraph after subparagraph 6.05.A.1:
a. In addition to Owner,Contractor,and all Subcontractors,include as insureds the
following:
1) Engineer(Short Elliott Hendrickson Inc.),Owner's contracted Materials
Testing Firm,and the officers,directors,partners,employees,agents and
Revised per Addendum 3-Supplementary Conditions
ELKMU 134310 007300-3
109
other consultants and subcontractors of any of them each of whom is deemed
to have an insurable interest and shall be listed as an insured or loss payee;
SC-6.05 Property Insurance
Add the following to the list of requirements in Paragraph 6.05.A,as a numbered item:
14. be subject to a deductible amount of no more than$ 5.000 for direct
physical loss in any one occurrence.
SC-6.05 Property insurance
Add the following to the list of requirements in Paragraph 6.05.A,as numbered items:
15. include,for the benefit of Owner,loss of profits and soft cost coverage including,without
limitation,fixed expenses and debt service for a minimum of 12 months with a maximum
deductible of 30 days,plus attorneys fees and engineering or other consultant's fees, if
not otherwise covered;
16. include by express endorsement coverage of damage to Contractor's equipment.
SC-7.02 Labor;Working Hours
Add the following new subparagraphs immediately after Paragraph 7.02.5:
1. Regular working hours will be as specified in Section 01 11 00.
2. Owners legal holidays are as specified in Section 01 11 00,
SC-7.02 Labor;Working Hours
Delete Paragraph 7.02.B in its entirety and substitute the following in its place:
B. Except as otherwise required for the safety or protection of persons or the Work or property
at the Site or adjacent thereto,and except as otherwise stated in the Contract Documents,all
Work at the Site shall be performed during regular working hours, Monday through Saturday
Contractor will not perform Work on a Sunday or any legal holiday.Contractor may perform
Work outside these hours and days only with Owner's written consent,which will not be
unreasonably withheld.
SC-7.06 Concerning Subcontractors,Suppliers,and Others
Add the following language at the end of Paragraph 7.06.0.2:
In accordance with Minnesota Statute 471.425,Contractor shall pay any subcontractor within ten
days of the Contractor's receipt of payment from the municipality.Contractor shall pay interest on any
unpaid amounts in accordance with the statute.
SC-7.08 Permits
Add new paragraphs immediately after Paragraph 7.08.A to read as follows:
B. This Project falls under the requirements of the Minnesota Pollution Control Agency(MPCA)
General Stormwater Permit for Construction Activity.The Contractor and Owner are
considered Co-Permittees and shall complete form MN 8100001 jointly.Contractor shall
submit the NPDES form to the MPCA and be the sole permittee responsible for
implementing the short-and long-term best management practices(BMP). Information and
requirements of the permit are available on the MPCA website:www.cca.state.mn,us.
Fees and bonding costs for these permits will be paid by the Contractor.
SC-7.8 Permits
Add new paragraphs immediately after Paragraph 7.08.B to read as follows:
C. Elk River Municipal Utilities will pay for the building permits required by the City of Elk River,
MN.The contractor is solely responsible for obtaining these required permits,
Supplementary Conditions-Revised per Addendum 3
00 73 00-4 ELKMU 134310
110
SC-7.10 Laws and Regulations
Add new paragraphs immediately after Paragraph 7.10.0 which are to read as follows:
D. Contractor shall specifically comply with Equal Opportunity Requirements as listed in
Minnesota Rules 50003535,Standard State Equal Employment Opportunity Construction
Contract Specifications.
E. Contractor shall specifically comply with Minnesota Rules 5000.3550, Disabled Individuals
Affirmative Action Clause.
SC-10.03 Project Representative
Add the following new paragraphs immediately after Paragraph 10.03.A:
B. The Resident Project Representative(RPR)will be Engineers employee or agent at the Site,
will act as directed by and under the supervision of Engineer,and will confer with Engineer
regarding RPR's actions.
1. General:RPR's dealings in matters pertaining to the Work in general shall be with
Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or
with the full knowledge and approval of Contractor.The RPR shall generally
communicate with Owner only with the knowledge of and under the direction of
Engineer.
2. Schedules: Review the progress schedule,schedule of Shop Drawing and Sample
submittals,and Schedule of Values prepared by Contractor and consult with Engineer
concerning acceptability.
3. Conferences and Meetings:Attend meetings with Contractor,such as preconstruction
conferences,progress meetings,job conferences and other project-related meetings,
and prepare and circulate copies of minutes thereof.
4. Liaison:
a. Serve as Engineer's liaison with Contractor,working principally through
Contractor's authorized representative or designee,assist in providing information
regarding the intent of the Contract Documents.
b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's
operations affect Owner's on-Site operations.
c. Assist in obtaining from Owner additional details or information,when required for
proper execution of the Work.
5. interpretation of Contract Documents:Report to Engineer when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
clarifications and Interpretations as issued by Engineer.
6, Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor,and notify
Engineer of availability of Samples for examination.
c. Advise Engineer and Contractor of the commencement of any portion of the Work
requiring a Shop Drawing or Sample submittal for which RPR believes that the
submittal has not been approved by Engineer.
7. Modifications:Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report such suggestions,together with RPR's
recommendations,to Engineer.Transmit to Contractor in writing decisions as issued by
Engineer.
Revised per Addendum 3-Supplementary Conditions
ELKmu 134310 007300-5
111
8. Review of Work and Rejection of Defective Work:
a. Conduct an-Site observations of Contractors work in progress to assist Engineer in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to Engineer whenever RPR believes that any part of Contractor's work in
progress is defective,will not produce a completed Project that conforms generally
to the Contract Documents,or will imperil the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents,
or has been damaged,or does not meet the requirements of any inspection,test or
approval required to be made;and advise Engineer of that part of work in progress
that RPR believes should be corrected or rejected or should be uncovered for
observation,or requires special testing,inspection or approval.
9. Inspections, Tests,and System Startups:
a. Verify that tests,equipment,and systems start-ups and operating and maintenance
training are conducted in the presence of appropriate Owner's personnel,and that
Contractor maintains adequate records thereof,
b. Observe, record, and report to Engineer appropriate details relative to the test
procedures and systems start-ups.
10. Records:
a. Prepare a daily report or keep a diary or log book,recording Contractor's hours on
the Site, Subcontractors present at the Site,weather conditions,data relative to
questions of Change Orders,Field Orders,Work Change Directives,or changed
conditions,Site visitors,deliveries of equipment or materials,daily activities,
decisions,observations in general,and specific observations in more detail as in
the case of observing test procedures;and send copies to Engineer.
b. Record names,addresses,fax numbers,e-mail addresses,web site locations,and
telephone numbers of all Contractors,Subcontractors,and major Suppliers of
materials and equipment.
c. Maintain records for use in preparing Project documentation.
11, Reports:
a. Furnish to Engineer periodic reports as required of progress of the Work and of
Contractor's compliance with the Progress Schedule and schedule of Shop
Drawing and Sample submittals.
b. Draft and recommend to Engineer proposed Change Orders,Work Change
Directives,and Field Orders.Obtain backup material from Contractor.
c. Immediately notify Engineer of the occurrence of any Site accidents,emergencies,
acts of God endangering the Work,delay events,damage to property by fire or
other causes,or the discovery of any Constituent of Concern or Hazardous
Environmental Condition.
12. Payment Requests:Review applications for payment with Contractor for compliance
with the established procedure for their submission and forward with recommendations
to Engineer,noting particularly the relationship of the payment requested to the
Schedule of Values,Work completed,and materials and equipment delivered at the Site
but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals;During the course of the Work,verify
that materials and equipment certificates,operation and maintenance manuals and
other data required by the Contract Documents to be assembled and furnished by
Contractor are applicable to the items actually installed and in accordance with the
Contract Documents,and have these documents delivered to Engineer for review and
forwarding to Owner prior to payment for that pail of the Work.
Supplementary Conditions-Revised per Addendum 3
00 7300-6 ELKMU 134310
112
14. Completion:
a. Participate in Engineer's visits to the Site to determine Substantial Completion,
assist in the determination of Substantial Completion and the preparation of a
punch list of items to be completed or corrected.
b. Participate in Engineer's final visit to the Site to determine completion of the Work,
in the company of Owner and Contractor,and prepare a final punch list of items to
be completed and deficiencies to be remedied.
c. Observe whether all items on the final list have been completed or corrected and
make recommendations to Engineer concerning acceptance and issuance of the
notice of acceptability of the Work.
C. The RPR shall not
1. Authorize any deviation from the Contract Documents or substitution of materials or
equipment(including`or-equal"items).
2. Exceed limitations of Engineer's authority as set forth in the Contract Documents.
3. Undertake any of the responsibilities of Contractor,Subcontractors.Suppliers,or
Contractor's superintendent.
4. Advise on, issue directions relative to,or assume control over any aspect of the means,
methods,techniques,sequences or procedures of Contractor's work.
5. Advise on, issue directions regarding,or assume control over security or safety
practices, precautions,and programs in connection with the activities or operations of
Owner or Contractor.
6.. Participate in specialized field or laboratory tests or inspections conducted off-site by
others except as specifically authorized by Engineer.
7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
8. Authorize Owner to occupy the Project in whole or in part.
SC-15.01.13 Applications for Payments
Add the following language at the end of Paragraph 15.01.8.1:
Supporting documentation to accompany each Application for Payment shall include:
a. Updated Project Schedule.
b. Updated list showing current status of submittals.
c. Documentation showing payment by Contractor for materials and/or equipment
stored.
d. Documentation showing insurance coverage for materials and/or equipment stored.
e. Red line of all modifications to plan set up to date.
Revised per Addendum 3-Supplementary Conditions
ELKMU 134310 007300-7
113
SC-15.01.8 Applications for Payments
Amend Paragraph 15,01.8,3 to read as follows:
3. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement and as follows:
Minnesota Contractors: 5 percent
Exempt Non-Minnesota Contractors: 5 percent
Non-Exempt Non-Minnesota Contractors: 5 percent plus 8 percent*=13 percent
'State Surety Deposit
Non-Minnesota Contractors are advised to file Form SD-3 with the Minnesota
Department of Revenue to determine their exemption status.
SC-15.03 Substantial Completion
Add a new paragraph immediately after Paragraph 15.03.A which reads as follows:
1. For this Work,Substantial Completion is further defined as follows:
a. Completion of the entire project contained within these project documents
exclusive of final grading and seeding.
SC-15.03 Substantial Completion
Add the following new subparagraph to Paragraph 15.03.8:
1. If some or all of the Work has been determined not to be at a point of Substantial
Completion and will require re-inspection or re-testing by Engineer,the cost of such re-
inspection
einspection or re-testing, including the cost of time,travel and living expenses,shall be
paid by Contractor to Owner.If Contractor does not pay,or the parties are unable to
agree as to the amount owed,then Owner may impose a reasonable set-off against
payments due under Article 15,
SC-15.05 Final Inspection
Add the following language after the second sentence of Paragraph 15.05.A:
If,after such measures are taken,subsequent inspections by Engineer reveal that any of the
previously identified particulars remain incomplete or defective, Engineer wpl again notify Contractor
in writing of the remaining particulars.All costs associated with any subsequent inspections in which
said remaining particulars are revealed,will be documented by Engineer and paid by Contractor to
Owner.
SC-15.06.A Application for Payment
Add the following new paragraph immediately after Paragraph 15.06.A.3:
4. Before final application for payment is made for the work,Contractor must make
satisfactory showing of compliance with M.S.A.§290.92 which requires the withholding
of state income taxes for wages paid employees on this project.Submittal of Certificate
of Compliance from the Commissioner of Taxation to the Owner will satisfy this
requirement.Contractor is advised that before such certificate can be issued, he must
first place on file with the Commissioner of Taxation an affidavit that he has complied
with the provisions of M.S.A.§290.92.The required affidavit form will be supplied by the
Minnesota Commissioner of Taxation on request.
SC-15.08 Correction Period
Delete Paragraph 15.08.in its entirety and insert the following in its place:
A. If within two years after the date of Final Payment(or such longer period of time as may be
prescribed by the terms of any applicable special guarantee required by the Contract
Supplementary Conditions-Revised per Addendum 3
00 73 00-8 ELKMU 134310
114
Documents,or by any specific provision of the Contract Documents),any Work is found to
be defective,or if the repair of any damages to the Site,adjacent areas that Contractor has
arranged to use through construction easements or otherwise,and other adjacent areas
used by Contractor as permitted by Laws and Regulations, is found to be defective,then
Contractor shall promptly, without cost to Owner and in accordance with Owners written
instructions:
1. correct the defective repairs to the Site or such other adjacent areas;or
2. correct such defective Work;or
3. if the defective Work has been rejected by Owner, remove it from the Project and
replace it with Work that is not defective,and
4. satisfactorily correct or repair or remove and replace any damage to other Work,to the
work of others or other land or areas resulting therefrom.
Revised per Addendum 3-Supplementary Conditions
ELKMU 134310 00 73 00-
115
• 4FEF5 ira .;° OS T
• ruMraTa r�:'uaO PERFORMANCE BOND
CONTRACTOR(name and address): SURETY(name and address of principal place of business):
Municipal Builders, Inc.
17125 Roanoke St.NW
Andover,MN 55304
OWNER(name and address):
Elk River Municipal Utilities
3069 Orono Parkway,P.O.Box 430
Elk River,MN 55330
CONSTRUCTION CONTRACT
Effective Date of the Agreement:February 9,2016
Amount:$1,450,753.00
Description(name and location): Water Treatment Plant No.7 Expansion
BOND
Bond Number:
Date(not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form: ❑ None See Paragraph 16
Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause
this Performance Bond to be duly executed by an authorized officer,agent,or representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) (sear)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
By: By:
Signature Signature(attach power of attorney)
Print Name Print Name
Title Title
Attest: Attest
Signature Signature
Title Title
Notes:(I)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to
Contractor,Surety,Owner,or other party shall be considered plural where applicable.
EVCDC 1 C-610,Performance Bond
Copyright$a 2013 National Society of Professional Engineers,American Council of Enelneertng Companies,
aril American Society of CI Eneteers. All rights reserved. 2 of 3
117
1, The Contractor and Surety, jointly and severally, bind Construction Contract, and pay to the Owner the amount of
themselves, their heirs, executors, administrators, successors, and damages as described in Paragraph 7 in excess of the Balance of
assigns to the Owner for the performance of the Construction the Contract Price Incurred by the Owner as a result of the
Contract,which is Incorporated herein by reference. Contractor Default;or
2. If the Contractor performs the Construction Contract,the Surety 5.4 Waive its right to perform and complete,arrange for
and the Contractor shall have no obligation under this Bond,except completion, or obtain a new contractor, and with reasonable
when applicable to participate in a conference as provided in promptness under the circumstances:
Paragraph 3.
5.4.1 After investigation, determine the amount for
3. If there is no Owner Default under the Construction Contract, which it may be liable to the Owner and, as soon as
the Surety's obligation under this Bond shall arise after: practicable after the amount 1s determined,make payment
to the Owner;or
3.1 The Owner first provides notice to the Contractor and
the Surety that the Owner is considering declaring a Contractor 5.4.2 Deny liability in whole or in part and notify the
Default. Such notice shall indicate whether the Owner is Owner,citing the reasons for denial,
requesting a conference among the Owner, Contractor, and
Surety to discuss the Contractor's performance. If the Owner 6. If the Surety does not proceed as provided in Paragraph 5 with
does not request a conference,the Surety may,within five(5) reasonable promptness,the Surety shall be deemed to be in default
business days after receipt of the Owner's notice,request such a on this Bond seven days after receipt of an additional written notice
conference. If the Surety timely requests a conference, the from the Owner to the Surety demanding that the Surety perform its
Owner shall attend, Unless the Owner agrees otherwise, any obligations under this Bond, and the Owner shall be entitled to
conference requested under this Paragraph 3.1 shall be held enforce any remedy available to the Owner, If the Surety proceeds as
within ten (10) business days of the Surety's receipt of the provided in Paragraph 5.4,and the Owner refuses the payment or the
Owner's notice, If the Owner, the Contractor, and the Surety Surety has denied liability,In whole or In part,without further notice
agree, the Contractor shall be allowed a reasonable time to the Owner shall be entitled to enforce any remedy available to the
perform the Construction Contract,but such an agreement shall Owner.
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; 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
3.2 The Owner declares a Contractor Default,terminates than those of the Contractor under the Construction Contract, and
the Construction Contract and notifies the Surety;and the responsibilities of the Owner to the Surety shall not be greater
than those of the Owner under the Construction Contract. Subject to
3.3 The Owner has agreed to pay the Balance of the the commitment by the Owner to pay the Balance of the Contract
Contract Price in accordance with the terms of the Construction Price,the Surety is obligated,without duplication for:
Contract to the Surety or to a contractor selected to perform the
Construction Contract, 7.1 the responsibilities of the Contractor for correction of
defective work and completion of 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 7.2 additional legal, design professional, and delay costs
with a condition precedent to the Surety's obligations,or release the resulting from the Contractor's Default,and resulting from the
Surety from its obligations, except to the extent the Surety actions or failure to act of the Surety under Paragraph 5;and
demonstrates actual prejudice.
7.3 liquidated damages, or if no liquidated damages are
5, When the Owner has satisfied the conditions of Paragraph 3,the specified in the Construction Contract,actual damages caused by
Surety shall promptly and at the Surety's expense take one of the delayed performance or non-performance of the Contractor,
following actions:
8. if the Surety elects to act under Paragraph 5.1,5.3,or 5,4,the
5.1 Arrange for the Contractor, with the consent of the Surety's liability Is limited to the amount of this Bond.
Owner,to perform and complete the Construction Contract;
9. The Surety shall not be liable to the Owner or others for
5,2 Undertake to perform and complete the Construction obligations of the Contractor that are unrelated to the Construction
Contract itself,through Its agents or independent contractors; 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
5.3 Obtain bids or negotiated proposals from qualified action shall accrue on this Bond to any person or entity other than
contractors acceptable to the Owner for a contract for the Owner or its heirs, executors, administrators, successors, and
performance and completion of the Construction Contract, assigns.
arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owners concurrence, 10, The Surety hereby waives notice of any change, including
to be secured with performance and payment bonds executed changes of time, to the Construction Contract or to related
by a qualified surety equivalent to the bonds issued on the subcontracts,purchase orders,and other obligations.
EJCUC C-610,Performance Bond
Copyright gr 2013 National Society of Professional Engineers,American Coundi of Engineering Companies,
end American Society of Civil Engineers.All rights reserved. 2 of 3
118
11. Any proceeding, legal or equitable, under this Bond may be 14.2 Construction Contract: The agreement between the
instituted in any court of competent jurisdiction in the location in Owner and Contractor identified on the cover page,Including all
which the work or part of the work is located and shall be instituted Contract Documents and changes made to the agreement and
within two years after a declaration of Contractor Default or within the Contract Documents.
two years after the Contractor ceased working or within two years
after the Surety refuses or fails to perform its obligations under this 14.3 Contractor Default failure of the Contractor, which
Bond,whichever occurs first, If the provisions of this paragraph are has not been remedied or waived, to perform or otherwise to
void or prohibited by law, the minimum periods of limitations comply with a material term of the Construction Contract.
available to sureties as a defense in the jurisdiction of the suit shall be
applicable. 14.4 Owner Default Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as required
12. Notice to the Surety, the Owner, or the Contractor shall be under the Construction Contract or to perform and complete or
mailed or delivered to the address shown on the page on which their comply with the other material terms of the Construction
signature appears. Contract
13. When this Bond has been furnished to comply with a statutory 14.5 Contract Documents:All the documents that comprise
or other legal requirement In the location where the construction was the agreement between the Owner and Contractor.
to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted herefrom and 15, if this Bond is issued for an agreement between a contractor and
provisions conforming to such statutory or other legal requirement subcontractor,the term Contractor in this Bond shall be deemed to
shall be deemed incorporated herein. When so furnished,the intent be Subcontractor and the term Owner shall be deemed to be
is that this Bond shall be construed as a statutory bond and not as a Contractor.
common law bond.
16. Modifications to this Bond are as follows:
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.
EJCDO C-61O,Performance Bond
Copyright 0 3013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved. 3 of 3
119
E£f CC DC
'' M`N" A'lTEr PAYMENT BOND
CONTRACTOR(name and address): SURETY(name and address of principal place of business):
Municipal Builders, Inc.
17125 Roanoke St.NW
Andover,MN 55304
OWNER frame and address):
Elk River Municipal Utilities
3069 Orono Parkway,P.O.Box 430
Elk River,MN 55330
CONSTRUCTION CONTRACT
Effective Date of the Agreement'.February 9,2016
Amount:$1,450,753.00
Description(name and location): Water Treatment Plant No.7 Expansion
BOND
Bond Number:
Date Mat earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form: [l None ❑ 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 SURETY
(seal) (seal)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
By: By:
Signature Signature(attach power of attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title 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.
EJCDCI C-615,Payment Gond
Copyright rig 2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers,All rigtns reserved. 1 of 3
121
1. The Contractor and Surety, jointly and severally, bind 6. If a notice of non-payment required by Paragraph 5.1.1 is
themselves, their heirs, executors, administrators, given by the Owner to the Contractor,that is sufficient to
successors, and assigns to the Owner to pay for labor, satisfy a Claimant's obligation to furnish a written notice of
materials, and equipment furnished for use in the non-payment under Paragraph 5.11.
performance of the Construction Contract, which is
incorporated herein by reference,subject to the following 7. When a Claimant has satisfied the conditions of Paragraph
terms. 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following
2. if the Contractor promptly makes payment of all sums due actions:
to Claimants, and defends, indemnifies, and holds
harmless the Owner from claims,demands, liens,or suits 7.1 Send an answer to the Claimant,with a copy to the
by any person or entity seeking payment for labor, Owner,within sixty (60) days after receipt of the
materials, or equipment furnished for use in the Claim,stating the amounts that are undisputed and
performance of the Construction Contract,then the Surety the basis for challenging any amounts that are
and the Contractor shall have no obligation under this disputed;and
Bond.
7.2 Pay or arrange For payment of any undisputed
3. If there is no Owner Default under the Construction amounts,
Contract,the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the 7.3 The Surety's failure to discharge Its obligations
Contractor and the Surety (at the address described in under Paragraph 7.1 or 72 shall not be deemed to
Paragraph 13) of claims, demands, liens, or suits against constitute a waiver of defenses the Surety or
the Owner or the Owner's property by any person or Contractor may have or acquire as to a Claim,
entity seeking payment for labor,materials,or equipment except as to undisputed amounts for which the
furnished for use in the performance of the Construction Surety and Claimant have reached agreement. If,
Contract,and tendered defense of such claims,demands, however, the Surety fails to discharge its
liens,or suits to the Contractor and the Surety. obligations under Paragraph 7,1 or 7.2,the Surety
shall indemnify the Claimant for the reasonable
4. When the Owner has satisfied the conditions in Paragraph attorney's fees the Claimant incurs thereafter to
3,the Surety shall promptly and at the Surety's expense recover any sums found to be due and owing to
defend,indemnify,and hold harmless the Owner against a the Claimant.
duly tendered claim,demand,lien,or suit.
S. The Surety's total obligation shall not exceed the amount
5. The Surety's obligations to a Claimant under this Bond of this Bond, plus the amount of reasonable attorney's
shall arise after the following: fees provided under Paragraph 7.3,and the amount of this
Bond shall be credited for any payments made in good
5.1 Claimants who do not have a direct contract with faith by the Surety.
the Contractor,
9. Amounts owed by the Owner to the Contractor under the
5.1.1 have furnished a written notice of non- Construction Contract shall be used for the performance
payment to the Contractor, stating with of the Construction Contract and to satisfy claims, if any,
substantial accuracy the amount claimed under any construction performance bond. By the
and the name of the party to whom the Contractor furnishing and the Owner accepting this Bond,
materials were, or equipment was, they agree that all funds earned by the Contractor in the
furnished or supplied or for whom the performance of the Construction Contract are dedicated
labor was done or performed, within to satisfy obligations of the Contractor and Surety under
ninety (90) days after having last this Bond,subject to the Owner's priority to use the funds
performed labor or last furnished for the completion of the work.
materials or equipment included in the
Claim;and 10. The Surety shall not be liable to the Owner,Claimants,or
others for obligations of the Contractor that are unrelated
5.1.2 have sent a Claim to the Surety (at the to the Construction Contract, The Owner shall not be
address described in Paragraph 13). liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond
5.2 Claimants who are employed by or have a direct no obligation to make payments to or give notice on
contract with the Contractor have sent a Claim to behalf of Claimants, or otherwise have any obligations to
the Surety(at the address described in Paragraph Claimants under this Bond.
13).
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,
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12, No suit or action shall be commenced by a Claimant under S. The total amount due and unpaid to the
this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment
the state in which the project that is the subject of the furnished as of the date of the Claim.
Construction Contract is located or after the expiration of
one year from the date(1)on which the Claimant sent a 16.2 Claimant. An individual or entity having a direct
Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or contract with the Contractor or with a
(2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor,
anyone or the last materials or equipment were furnished materials,or equipment for use in the performance
by anyone under the Construction Contract,whichever of of the Construction Contract. The term Claimant
(1) or(2)first occurs_ If the provisions of this paragraph also includes any individual or entity that has
are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable
limitation available to sureties as a defense in the mechanic's lien or similar statute against the real
jurisdiction of the suit shall be applicable. property upon which the Project is located. The
intent of this Bond shall be to include without
13. Notice and Claims to the Surety, the Owner, or the limitation In the terms of labor, materials, or
Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power,
shown on the page on which their signature appears. light, heat, ail, gasoline, telephone service, or
Actual receipt of notice or Claims,however accomplished, rental equipment used in the Construction
shall be sufficient compliance as of the date received. Contract, architectural and engineering services
required for performance of the work of the
14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors,
statutory or other legal requirement in the location where and all other items for which a mechanic's lien may
the construction was to be performed, any provision in be asserted in the jurisdiction where the labor,
this Bond conflicting with said statutory or legal materials,or equipment were furnished.
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between
requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover
so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all
as a statutory bond and not as a common law bond. changes made to the agreement and the Contract
Documents,
15. Upon requests by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has
Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the
permit a copy to be made. Contractor as required under the Construction
Contract or to perform and complete or comply
16, Definitions with the other material terms of the Construction
Contract.
16.1 Claim: A written statement by the Claimant
including at a minimum: 16.5 Contract Documents: AU the documents that
comprise the agreement between the Owner and
1. The name of the Claimant; Contractor.
2. The name of the person for whom the labor
was done, or materials or equipment 17. if this Bond is issued for an agreement between a
furnished; contractor and subcontractor,the term Contractor in this
3. A copy of the agreement or purchase order Band shall be deemed to be Subcontractor and the term
pursuant to which labor, materials, or Owner shall be deemed to be Contractor.
equipment was furnished for use in the
performance of the Construction Contract; 18. Modifications to this Bond are as follows:
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
EICDCe C-615,Payment Bond
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and Anmericen Society of Civil Engineers. All rights reserved. 3 of 3
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