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Contract 1780
EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENTjm%~nd betw/reJCITY/O~ COLUMBIA HEIGHTS, MINNESOTA, OWNER and CONTRACTOR~ in consideration of the mutual covenants set forth herein~ 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: Concrete curb and gutter, sidewalk, steps or flatwork removals and repairs or installations at spot locations throughout the City. 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: * 2004 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS CITY PROJECT NO. 0400 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT (ENGINEER), who is to act as OWNER's representative, assume all duties and responsibilities, and haVe the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Docmnents. 17 ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before October 8, 2004, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October 22, 2004. 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 dmnages 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 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 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. 18 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in Paragraphs 6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of traits completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1, Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an mnount 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 con'ected 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. 19 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 mmum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, mad 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, teclmiques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any fiu-ther examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 20 H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained fi'om visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for perfonnance and furnishing of the Work. ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A, The ContraCt Documents consist of the following: 2. 3. 4. 5. 6. 7. 8. 9. This Agreement (pages __ to __ Performance Bond (pages __ Payment Bond (pages __ to __ Other Bonds (pages __ to General Conditions (pages __ Supplementary Conditions (pages __ , inclusive). to __, inclusive). , inclusive). , inclusive). to __., inclusive). to , inclusive). Specifications as listed in the table of contents of the Project Manual. Drawings consisting of none. Addenda (numbers to __, inclusive). Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages __ to , inclusive). b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages__ to __., inclusive). 21 11. The following which may be delivered or issued on or after the Effective Date of the Agreement mhd are not attached hereto: a. Notice to Proceed (pages __ to , inclusive). b. Work Change Directives. c. 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 Docmnents other than those listed above in this Article 9. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 MISCELLANEOUS 10.01 Terms 10.02 10.03 A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. Assignment of Contract A. No assignrnent 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 assigmnent will release or discharge the assignor from any duty or responsibility under the Contract Documents. Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, mhd 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 22 10.05 a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Other Provisions (if applicable). 23 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 ~t:~-/L /o , 2004 (which is the Effective Date of the Agreement). ~ OWNER: Walter Fehst, City Manager Jlulf, iermeW~ck°ff~MaY°i})~j [CORPORATE SEALI CONTRACTOR: [CORPORATE SEAL] Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a pubhc body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement). License No. CC/here applicable) Agent for service of process: Of CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated RepresentaT~ Designated Representative: Name: ~-//~/~ /~/{l/ff$ ~- A/ Name: Add~ess: ~ff- ~ Zq~,/~,~-,. 'N. &. Address: 7d S/~ ff-~D Phone: Phone:Facsimile: ~~-~/ Facsimile: 24 Contractor's Business Name: Address: Phone No: Fax No: II BID FORM CITY PROJECT NO. 0400 2004 MISC OUS CONCRETE REPAIRS AND INSTALLA~ONS BIDS TO BE OPENED: 10:00 A.M. - TUESDAY, MAY 4, 2004 This bid is submitted to: CITY OF COLUMBIA I-~IGHTS 637 38TM AVENUE NE COLUMBIA HEIGHTS, MN 55421 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders. Th/s Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: 9 (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number (b) (c) BIDDERhas studied c ' in the Supplementary Conditions as provided in Paragraph 4.02 & 4.03of the General Conditions, and aCCePts the determination set forth in Paragraph S.C. 4.02 & 4.03 of the (d) (e) BIDDER has obtained and carefully studied (or assumes responsibility for obt~g and carefully studying) all such examinations, investigations, explo~ati°ns, tests and stUdies (in addition to or to sUpplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise maY affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and Conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents withrespect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 10 (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice o fall conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or .corporation and is not submitted in conformity with any agreement or rUles of any group, association, organization or corporation; BIDDERhas not directly or in~ectly induced or solicited any other BIDDER to submit a false or sham t~id; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDERhas not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. (i) Any other representation as required by Laws and Regulations. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING ~ PRICES: (See attached Page 12) Quantities are indicated for the convenience of the Bidder. Although no step quantities are anticipated at this thne, a line item is provided to obtain a trait phce for Phase 2. Finalpayment willbe based on actual quantities. 11 CITY OF COLUMBIA HEIGHTS "2004 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS" NO. ITEM 1; Remove curb and gutter 2. Construct concrete curb and gutter UNIT UNIT QUAN. PRICE AMOUNT L.F. 508 $ $ L.F. 5O8 $ 17 3. Remove street/alley 4. Construct 8" concrete street/alley S.F. 330 $ S.F. 330 $ 5. Remove driveway/apron 6. s.F. 200 $ $ S.F. 200 $ ,_3 ° 7..--- $ ~' 7. Remove sidewalk' 8. Construct 4" concrete sidewalk s.F. 4~0 s' /°~ S.F. 410 $ ~ $ t 9. Remove step 10. Construct concrete step S.F. 10 $ ~ $ S.F. ~0'$ .~O ~ $ TOTAL BID Bid Written In Words 12 o BIDDER agrees that the Work will be completed as follows: · 2004 MISCELLANEOUS CONCRETE REPAIRS & INSTALLATIONS CITY PROJECT 0400 · All work listed in the Supplemental Information (Phase 1) must be completed by Jm~e 18, 2004. · The Contractor shall anticipate a second list of removals and concrete repairs or installations at various locations by September 7, 2004. These quantities are in addition to those listed in the Proposal. · Final inspection by October 22, 2004, in accordance with Paragraph 14.06 of the General Conditions. · BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. The following documents are attached to and made a condition of the BID. (a) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. (b) The contractor will complete the Work sequence in accordance with Division 1, Section 4, General Requirements. (c) Affidavit of Non-Collusion: Communications concerning this BID shall be addressed to the address of BIDDER indicatedbelow. The terms used in this BID, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. SUBMITTED ON: ,2004. 13 I/BIDDER is: AN INDIVIDUAL By Doing Business As Address: (Individual's Name) (SEAL) Telephone No: A PARTNERSHIP By (Firm Name) (General Partner) Business Address: (SEAL) Telephone No.: (Continued on next page.) 14 A CORPORATION By > v~C4/__~ ~....~ (Corporation Name) By (State of Incorporation) ~itle) ATTEST: Business AddresS: (Secretary) Telephone No. ~~. /-/~[ ST/) - A JOINT VENTURE By. (Name) (Address) By. (Name) (Address) Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above. 15 STATE OF //~/k~/ COUNTY OF AFFIDAVIT OF NON-COLLUSION: (1) Thal corporation; a partner in the BIDDER 'an officer or emploYee of the BIDDER to sign on its behalf (if the BIDDER is a (2) That the collusion with, and without any agreement, understanding or planned common course of action with anyvendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; That the contents of the bid or bids have not been communicated'by the BIDDER, or its employees or agents, tO anyperson not any employee or agent of bids;and; (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. BIDDER I~IRM MAKING BIDS Subscribed and sworn to before me this z~ day of __, 2004. OFFICIAL TITLE FIOTARY PUBUC- MINNESOTA SCOTT COUNTY My Commlssion Expires Jallualy 31,2005 ! 16 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP D DATE MM,DD RONKA- 1 ! 06/04/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Terry Reinhardt ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Northern Capital Insurance Gp HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR P. O. Box 9396 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Minneapolis M~T 55440-9396 Phone: 952-996-8818 Fax: 952 -829-0482 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Integrity Mutual 14303 INSURERS: The Builders Group Ron Kassa Construction, Inc. INSURERC: 6005 250th East INSURERD: Elko MN 55020 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~I{ ADD'[ POLICY EFFECTIVE POLICY EXPIRATION LTR INSR£ TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ i f 000,000 A X COMMERCIAL GENERAL LIABILITY 92-88-09-801 03./01/04 01/01/05 PREMISES(Eaoccurence) $ 100,000 ~-~ OCCUR MED EXP (Any one person) $ 5 / 000 CLAIMS MADE PERSONAL &ADVINJURY $ i ~ 000,000 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 I POLICY [~PRO' JECT ~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO 92-88-09-991 01/01/04 01/01/05 (La accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 3 ~ 000 ~ 000 A X I OCCUR ~-~ CLAIMSMADE 92-88-09-411 01/01/04 01/01/05 AGGREGATE $ 3,0001000 $ DEDUCTIBLE $ X RETENTION $10,000 $ WC STATU- OTH- WORKERS COMPENSATION AND X TORY LIM TS I ER B ANyEMPLOYERS'LIABILITYPROPRIETOR/PARTNER/EXECUTIVE 11-000440-00 01/01/04 01/01/05 E.L. EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100 ~ 000 If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: 2004 Misc Concrete Repairs & Installation City Project No. 0400 CERTIFICATE HOLDER CANCELLATION City of Columbia Heights 637 38th Avenue NE Columbia Heights MN 55421-3806 CITYCOL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ~ ~ f~ ~ ~ ~ AUTHORIZED REPRESEI~TATIVE~ ~ ~ ~/ ~' ~' ACORD 25 (2001/08) © ACORD CORPORATION 1988 PERFORMANCE BOND Any singular re£erence to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): RON KASSA CONSTRUCTION, INC. 6005-250TH EAST, ELKO, MN 55020 OWNER (Name and Address): CITY OF COLUMBIA HF. IGHTS 637-38TH AVENUE NE COLUMBIA HEIGHTS, MN 55421 CONTRACT Date: MAY 10, 2004 Amount: $15,493.50 Description (Name and Local.5on): SURETY (NameandAddressofPrinc~alPlaceofBns~ess): OLD REPUBLIC SURETY COMPANY P.O. BOX 1976 DES MOINES, IA 50306 2004 MIscELlANEOUS CONCRETE REPAIRS CITY PROJECT NO. 0400 & INSTALLATION BOND Bond Number: RCN 5 4 3 2 71 Date (Not earlier than Contract ]Date): JUNE Amount: $15,493.50 Modifications to this Bond Form: NONE 3, 2004 Surety and Contractor, intend/zng to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PR1NC][PJJ~ SURETY Company: RON/A~jlkSSA,C/DNSTRUCTiON,iNC. OLD REPUBLIC SURETY Signature:nf~(' "* /"/[~ '~" --~ ~ r/W/~',, (Seal) Name and Title:' ' ,o ~ F'a q~C',~ ' (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature/~d Title JOHN G. tfq~GBERG (Attach Power of Attorney) ATTORNEY-IN-FACT Signature find~_l.¢- IAII"PY f 5 5 - - ' SURETY COMPANY (Seal) Signature: (Seal) Name and Title: Surety's Name and Corporate Seal (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 25 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Sumty's obligation under this Bond shall arise after: 3.]. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractm's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent Of Owner, to perform and complete the Con,act; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidsted. damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set offon account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years afier Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages :as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the cimumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to ConWactor of any amounts received or to be received by Owner in settlement of insurance or other Ch/ms for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or other,vise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker Owner's Respresentative (engineer or othe]~ party) NORTHERN CAPITAL INSURANCE P.O. BOX 9396 MINNEAPOLIS, MN 55440'9396 TELEPHONE 952-996-8829 GROUP 26 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): RON KASSA CONSTRUCTION, INC. 6005-250TH EAST, ELKO, MN 55020 P.O. BOX 1976 OWNER (Name and Address): DES MO~NES, IA CITY OF COLUMBIA HEIGHTS 637-38TH AVENUE NE, COLUMBIA HEIGHTS, MN 55421 CONTRACT Date: MAY 10, 2004 Amount: $15,493.50 Deschption(NameandLo.cafion): 2004 MISCELLANEOUS CONCRETE CITY PROJECT NO. 0400 SURETY(NameandAddressofPrincipalPlaceofBusiness): OLD REPUBLIC SURETY COMPANY 50306 REPAIRS & INSTALLATION BOND Bond Number: RCN 5 4 3 2 71 Date (Not earlier than Contract Date): JUNE Amount: $15,493.50 Modifications to this Bond Form: NONE 3, 2004 Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company.: RO~AS SA/TNST_R~UCT I ON, Signature: /~ ~]/]. ,~~ (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: SURETY INC. OLD REPUBLIC SURETY COMPANY (Attach Po-4r~r of Attorney) ATTORNEY- IN-FACT Attest: (~A/~)~ ~, ]~~ SURETY (Seal) Signature: (Seal) Name and Title: Surety's Name and Corporate Seal (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 27 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, mater/als, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes paTyment, directly or indirectly, for all sums due. 4. ~urety shall have no obligation to Claimants under this Bond until: 4.]. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's prior/ty to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes oft/me, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days aRer having last performed labor or last furnished mater/als or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Conlractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written 15.1. notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and 15.2. the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any prov/sion in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforrrdng to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without lim/tafion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subconlractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. Contract: The agreement between Ownm- and Contractor identified on the signature page, including all Contract Documents and changes thereto. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORA,IATION ONLY- Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): P.O. BOX 9396 MINNEAPOLIS, MN 5644u-9396 TELEPHONE 952-996-8829 GROUP ACKNOWLEDGMENT'OF PRINCIPAL (individaal) STATE OF COUNTY OF } Ss`: On ~his day 0.f. 'personally come(s) ' : , in the year before me . to. me known and known to me to be the'persbn(sl who (isl (ami described in and who executed the [or'go. lng instrument aod acknowledge{s} to m~'that~he. _executed the same: NOTARY PUSUC ACKNOWLEDGMENT OF. PRINclPA. L (Partnership) STA';rEoE COUNTY OF, } ss.: On this.., day of. pe'rsonaily come(si a member Of the co-partnership of . before me to me known and.known to m~ to' be the person who rs described in and who executed the foregoing instrument, and · acknowledges to me that he executed the same as an~l'for the act and deed'o~ the said co--partnershipL. NOTARY PUBLIC 'ACKNOwLEDGM ENT O F-PR INCIPAL (Corporadon) b'TATE OF ~ ,--4.... cou. oF } = ,o me known, who, I~ing byx~ne ~lu_~y ~wom, deposes and-~-ys that he. resides in th~,l~j~f the corporation descri_bed in and. which executed the. foregoing instrument; that he knows the seal of the said corP°ration~ that the seal affixed to the said instrument is suchcorporate seal; that it was so affiked by the order of the Bbard of Directors~ of said corporation, and th. at he signed hi~ name' thereto by Ilke order. ACKNOWLEDGMENT OF SUR E.TY STATEOF MINNESOTA . COUNTYOF BENNEP~ t"ss': · in the year' .2Z~. ~ before · in the year fore me. On this _~/Z~ ' day of 'personailycome(s} JOHN G,. HAGB.~I~G Attorney(si-in-Fact of OLD REPUBLIC SURETY COMPANY with ~am I am-~r~ally a~uainted, ~d who, ~i~ ~ me duly ~orn, says ~athe reside(si, in · EDEN P~IRt E, MN " ' ~at he is (are) ~e A~om~(s)-in-F~. of. O~D ~U~LIC SU~ COH~ANY ., the ~m~ny de~d in and ~i~ ex~ted ~ within ins~ument; ~at ~ ~oW'(s) the cor~rate ~al of ~ ~mpany; and "' that· the ~al affix~.to the wi~in ins~m~t is su~ ~o~ ~al ~at ~w~ affixed by order o~ ~e' Bmrd of Dir~ors of said ~mpany, and ~ he signed ~id instrument as Atmmey(s)dn.F~ ~ha ~id.Compa~ ~ like ord,. ~ . ' ****% ** OLD REPLBLIC DATE: JUNE 3, 200~. Old Republic Insurance Company (Old Republic) as a.qent for! Old Republic Surety Company, Bituminous Casualty Corporation, and International Business & Mercantile REassurance Co. TO BE ATTAC~ED TO AND FORM PART OF CONTRACT BOND NUMBER: RCN PRINCIPAL: RON KASSA CONSTRUCTION, INC. 543271 OBLIGEE: CITY OF COLUMBIA HEIGHTS , MN RIDER - POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Rider has been provided to Principal and Obligee. Coverage for acts of terrorism is included in the captioned bond.' You should know that, effective November 26, 2002, under that bond, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by Old Republic. The established annual deductible is equal to 7% of the pdor years direct earned, premium written by Old Republic for losses incurred in 2003, 10% for losses incurred in 2004, and 15% for losses incurred in 2005. Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act, The terms 'of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond:. As defined in' Section 102(1) of the Terrorism Risk Insurance Act of 2002, a certified "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism. To be certified, the act of terrorism must be: 1) a violent act or an act that is dangerous to human life, property, or infrastructure; 2) have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel, or the premises of a United States mission; and 3) have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You have a right to purchase insurance coverage for losses arising from terrorism, or you may choose to reject the purchase. SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE The premium you have been charged for this bond includes terrorism coverage, for a premium of $ 5.0 0 which you must pay within 30 days of this offer. THE PREMIUM CHARGED FOR THiS COVERAGE DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. Note: If you reject the covera.qe, you must check the box below, siRn this form, and return it to the address shown above. The premium will be credited. [] I hereby elect to have the exclusion of terrorism coverage apply to this bond. I understand that I will have no coverage for losses arising from acts of terrorism. The undersigned agrees that this election will apply only tO this bond. James E. Lee ~ Vice President - Old Republic Insurance Company President - Old Republic Surety Company Vice President - Bituminous Casualty Corporation Vice President- International Business & Mercantile REassurance Co. Bond Obligee's Signature Print Name Date ORSC 22836 (1/2003) Attach to all contract bonds as a cover page. CHANGE ORDER NO. 1 Project: 2004 Miscellaneous Concrete Repairs and Installations City Project: 0400 Owner: Contractor: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Ron Kassa Construction, Inc. 6005 - 250~ Street East Elko, MN 55020 Date of Issuance: November 15, 2004 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: Change in original contract pr/ce to compensate for additional work added to the contract by the City. Purpose of Change Order: The contract has been modified to include additional quantities for repairs due to water main breaks, street and alley repairs, and replacement of hazardous sidewalk. CHANGE IN CONTRACT PRICE Original Contract Price: $15,493.50 Previous Change Orders No. None to No. Contract Price Prior to this Change Order: $15,493.50 Net Increase of this Change Order: $ 8,164.30 Contract Price with all Approved Change Orders: $ 23,657.8O RecoI~ded ~ : City ]~¢g~nee.K'--- CHANGE IN CONTRACT TIME Original Contract Time: Net Change from Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: Approve.d/ /' By / : R ...... sa Approved By: Approved By: Walter Fehs~'City M~nager Date of Council Action