HomeMy WebLinkAboutContract 1638 EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the
MINNESOTA, (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
CITY .,OF COLUMBIA HEIGHTS, ~
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
2001 IMPROVEMENT PROGRAM
JACKSON POND FENCING AND RESTORATION
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
CITY PROJECT NO. 0009
· Chain link fencing removal, replacement and restoration.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS'
ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as
OWNER's representative, assume all duties and responsibilities, and have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with the completion
of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01
Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract Documents are
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of the essence of the Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before May 15, 2002 for City
Project No. 0009, and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions on or before May 31, 2002.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty),
CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time
specified in paragraph 4.02 for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or
fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00
for each day that expires after the time specified in paragraph 4.02 for completion
and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs below:
For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an
Exhibit A.
As provided in paragraph 11.03 of the General Conditions, estimated quantities are
not guaranteed, and determinations of actual quantities and classifications are to be
made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit
prices have been computed as provided in paragraph 11.03 of the General
Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be processed by
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ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day
of each month during performance of the Work as provided in paragraphs 6.02.A. 1
and 6.02.A.2 below. All such payments will be measured by the schedule of values
established in paragraph 2.07.A of the General Conditions (and in the case of Unit
Price Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER
may determine or OWNER may withhold, in accordance with paragraph 14.02
of the General Conditions:
a. 95% of Work completed (with the balance being retainage). If the
Work has been 50% completed as determined by ENGINEER, and if the
character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine
that as long as the character and progress of the Work remain satisfactory to
them, there will be no retainage on account of Work subsequently
completed, in which case the remaining progress payments prior to
Substantial Completion will be in an amount equal to 100% of the Work
completed less the aggregate of payment previously made; and
b. 95% of cost of materials and equipment not incorporated in the
Work (with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount
sufficient to increase total payments to CONTRACTOR to 98% of the Work
completed, less such amounts as ENGINEER shall determine in accordance
with paragraph 14.02.B.5 of the General Conditions and less 5% of
ENGINEER's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the
certificate of Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
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ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions
shall bear interest at the rate of 6% per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents
and the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied
as to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and
local Laws and Regulations that may affect cost, progress, and performance of the
Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions
and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the
Site which has been identified in the Supplementary Conditions as provided in
paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for having done so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress,
or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the Contract
Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto.
F. CONTRACTOR does not consider that any further examinations,
investigations, explorations, tests, studies, or data are necessary for the performance
of the Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
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Docume~s.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Docurnents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
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ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
Co
2.
3.
4.
5.
6.
7.
8.
°
11.
This Agreement (pages __ to __
Performance Bond (pages __ to __
Payment Bond (pages __ to __
Other Bonds (pages __ to __
General Conditions (pages __ to __
Supplementary Conditions (pages __
inclusive);
inclusive);
inclusive);
inclusive);
, inclusive);
to , inclusive);
Specifications as listed in the table of contents of the Project Manual;
Drawings consisting of a cover sheet and sheets numbered 1 through
29, exclusive, with each sheet beating the general title Zone 5 and the
City Project Number.
Addenda (numbers __ to __
., inclusive);
Exhibits to this Agreement (enumerated as follows):
mo
Notice to Proceed (pages __ to __, inclusive);
CONTRACTOR's Bid (pages __ to __., inclusive);
Documentation submitted by CONTRACTOR prior to Notice
of Award (pages__ to __, inclusive);
.;
The following which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
Written Amendments;
Work Change Directives;
Change Order(s).
The documents listed in paragraph 9.01.A are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 9.
The Contract Documents may only be amended, modified, or supplemented as
provided in paragraph 3.05 of the General Conditions.
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ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions (if applicable).
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of
the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on ,Z~£O - /71 ,2001 (which is the Effective Date ofthe
Agreement).
OWNER: ~ ~ ~-
{f~a~. r Fehst, ~2~ty
~--~-(~~ a~/~/'~ ~e~_~e~ n ,~M ~
rot
C(~NTRACTOR:
By:
[CORPORATE SEAL ltERE]
[CORPORATE SEAL IllgRE]
Attest
Address for giving notices:
Attest
Address for giving notices:
License No.
(Where applicable)
(If OWNER is a corporation, attach evidence
of authority to sign. If OWNER is a public
body, attach evidence of authority to sign and
resolution or other documents authorizing
execution of OWNER-CONTRACTOR
Agreement).
Agent for service of process:
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority
to sign.)
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
23
Westem Surety Company
PERFORMANCE BOND
Bond Number: 69282835
KNOWALL PERSONS BYTHESE PRESENTS, Thatwe Security.. Fence and Coqstruction,
__ of
4831 Washinq~9.n._..S...t._._.N.......v.~._z.~M~in..n_ea__R~9!is,.....MN 55421 , hereinafter
referred to as the Principal, and Western Surel:y Company ,
as Surety, are held and firrnly bound unto Ci.1;..V.._Q_~. Columbia Reiqhts
of 590 40th Ave.. N. g. ,___Columbia Heiqh~s, MN 55421 ................ hereinafter
referred to as the obligee, ]n the sum of Twenty-Five Thousand One Hundred Twenl:y and 00/100
Dollars ($ 25, 120.00 ). for the payment of which we bind ourselves, our legal representefives, successors
and assigns, iointly and several~, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the 17. tk .... day of DeceDber
2001 , ~r Jackson Pond Fencing ~0009, Remove & Replace ~xi~ing Fence at 44~h. &
Jackson St., Columbia Meiqhts, MN
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and
void; otherwise it shall remain in full force and effect
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after
Contractor Default or. within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this
Paragraph are void or prohibited by law, the minimum pedod of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this 2$t;h day of
January , 2002
By
Security Fence and Construction, Inc.
(Principal)
.]{,~e_~D $_urety Company
(Sur~tW
C~ery~ Kay. Hanson A~omey-in-Fa~
G-105578-C
Westem Surety Company
PAYMENT BOND
Bond Number: 69282835
KNOWALL PERSONS BY THESE PRESENTS, Thatwe Securil:v Fence and Const:rjzc~tion.
of
483! Wa_s..h.i__n~ton St. N. w.., Minneapolis, MN 55421 .. ,hereinafter
referred to as ~he Principal, and Western Surety Company ,
as Surety, are held and firmly bound unto ........................ ¢_i_~.y of Columbia
Of 590 40th Ave. N. E.,_ Columbia Heiqhts, MN 55421 ,hereina~er
referred to as the Obligee, in the sum of Twenty-Five Thougand One Hundred ~W_~ and O0/100.,.
Dollars ($25,120.00), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointty and severally, firmly by these presents.
VVHEREAS, Principalhas enteredin~ a con~a~ with Obligee, dated !7th dayof._.___D.~=b¢r ,
2001--. for._.JAck~on Pond Fencinq ~0009, Remove & Replace gxistinq Fence at ~th
Jac_¥_s~D~St., Columbia Heights, MN ....
copy ofwhichcontractisby.reference medea pa~ hereo[
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and' material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it
being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum
pedod of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this 25~h day of
January , 2002
Security Fence and-Construction, Inc.__
Western Surety Company .........
By __ '~~ __ (Seal)
Cheryl Kay ~onson Afforney.in. Fa~
G-105579-~
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of }
County of
On this day of , in the year , before me
personally come(s) .,
to me known and known to me to be the person(s) who (is) (are) described in and execmed the foregoing
instrument, and acknowledge(s) to me the he executed the same,
State of
County of
On this
personally come(s)
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
day of ., in the year , before me
a member of the co-partnership of ,
to me known and lmown to me to be the person(s) who (is) (are) described in and executed the foregoing
instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-
partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC)
S tat e. o f ~/~_......,~~e-_.-
County of
On this 3 o day of ..J&~~ , in the year .a2~>o -a_, before me
personally come(s) ~~ _ -, ,
To men.own, who being duly sworn, deposes an~ says that he resides in the Ci~ of ~ ~~ ~. that
he is the
the corporation described in and which executed the foregoing instrument; that he ~ows the seal of the said
corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of
the Board of Directors of said corporation, and that he signed his name thereto by tike order.
Western Surety Company
POWER OF A~I~ORNEY - CERTIFIED COPY
Beryl No. 69282835
Know All Ms~ By ~ ~n~, ~t ~E~ ~ CO~, a ~o~fion d~ o~z~ ~d e~g ~d~ the
of ~ S~ of ~uth D~o~ ~d ~g it~ pfind~l o~ ~ Sio~ F~, ~u~ D~ (t~ "~mp~), d~ by ~ ~n~
it~ t~'ue and ~awful a~orney(s).in-fa~, with full power and authori~' hereby con~erre~ ~o execu~, acknowledge and delver/'or and on its
behaM a~ Surety, bonds for:
Prmc/p~: Security Fence and Construction, Inc,
Oblige: City of Columbia Heights
Amount: $100,000.00
a_nd to b/nd the Company thereby aa fully and to the same ex~ant ~/f such bonds were signed by :he President, ~led w/th the corporate
se~l of the Company and duly a~st~l by i~s Secreting, hereby rafifb~ng and con/h-re/ag al~ ~ha~ ~he sa/d attornsy(~)-fix-fac~ may do with/n
the above stated L/rnltat/ona. Sa/d appoint-meat is tnado under and by authority of the following bylaw of Western Surety C~mpany wh/ch
rema/~s in full force and effect.
"Sect/on 7. All bonds, poi/des, uudertmldng% P~wers of A~orney or other obi/gat/one of the corporation shall be execute~i fix the
corporate name of the Company by the President, Secretary, any Assiatant Secretary, Treasurer, or any Vice President or by such other
officers aa the Hoard of D/re.ors may authorize. The Pres/dent, any V/ce President, Secretary, any ~$ Secretary, or the Treasurer
may appo/nt AL-torneys/n Fact or agents who shall have authority to iasue bonds, polio/es, or under/'~l,4ng~ fix the name oft.he Company,
Tho corporate seal i~ not neco~ary for the valid/ty o£ any boncL% polio/e% undert~pg~, Powers of Attorz~ey or other obl/gations of the
corporation. The signature of any such off'~cer and the corporate/aal may be prfixted by face/mile."
All authority hereby conferred shall expire and terminate, ~/thout not/co, unle~a u~ed before midnight of
2002 , but uaL/] such t/me ~h~l be/rrevocobld and ~ full force and effect.
In Witnesa Whereof, Western Surety Company has caused these pre.~nta to be signed by its ?re./dent, Stephen T. Pate, and
corporate ~tt~ ~_aiTm.-cl thi~ 25th dayof Ja~uS:y ...... 2002. ......
..-,,- ............. oo
_ ,
~ ~1:. ." :~'-~ Stephen T. P-ate; l~resid~-
On this 25t~ dayof Januarv .., in the ~ear 2002 , before me, a notary public, personally appeared
Stephen T. Pate, who being ~o n~ duly ~woru, ~knowledg~d that he si~ned the above Power of A~orney ~s the a~ore~id o~cer o£
W~TERN SLrP~TY COMPANY and acknowledged ~ufid irmcrument :o be ~he volunt~y a~t and deed oread
I ~he underaigned o/~cor of We~ern Surety Company, h stock cor]~ra~/en of the State of Sou£h Dakor. a, do hereby
att~ach~] Power of A~tomey i~ in/hLl force and effect and ie irrevocable, and flu-fl~re, tha~ Sect/on 7 offl~
set forth in tho Power o£Atterney is now/n
In testimony whereof, I hav~ hereunto se~ my hand and sea] of Western Stn'ety Company ~hh 2 5 t h _ day of
Jan~;V , 2002
Form F$306
My c.~.o. ,l:~ni' s sion expires
0
ACKNOWL~r~GMENT OF SUP~TY
STATE OF Minnesota ]~ (A~ey-~-F~)
CO~ OF Chippew~ _ r
On t~ 25th _ day of January , 2002 , before me, a no~ public in
~d for s~d ~, pe~nslly ~ed Cheryl ~ay M~n~an
~ me pe~on~y ~o~ ~d berg. by me d~y sworn, ~d say, tMt he ~ ~e A~oy-~-Fact of~T~S~ CO~, a
ca~ra~on of Sio~ F~, South D~om, ~ea~, o~ni~ed ~d e~g un~r ~d by ~ue of the laws of ~ S~e of ~u~
D~o~ ~Mt the s~d i~en~ w~ exe~t~ on b~of ~he s~d ~on by au~oH~ ofi~ ~d of D~c~m ~d ~t ~
cher~ Monson
~owle~ s~d in~en~ ~ be ~e ~ee a~ ~d ~ed of ~d co~tion ~d ~ he ~ au~H~ to si~ ~d ~nt
IN ~T~ ~OF, I ~ he~ ~b~bM ~ n~e ~d ~d my offi~ se~ at Monrevideo__,
Minnesota , ~e ~ ~d ye~ l~t ~o~ ~n.
N o m..--y Public