HomeMy WebLinkAboutContract 19951995
Contractor's Business Name: ~~'`'~ ~~fi5 ~`'~~~~~t`r`""~ °~ ~~
Address: ~~O ~ ~~~ ~~ ~
Phone No: ~'~~ '~6~ ~ :~~/~,S-~
Fax No: ~~~ ~~ ~ ~ ~~~
BID FORM
PROJECT IDENTIFICATION: CITY PROJECT NO.0700
2007 MISCELLANEOUS
CONCRETE REPAIRS
AND INSTALLATIONS
BIDS TO BE OPENED: 10:00 A.M. -TUESDAY, APRIL 17, 2007
This bid is submitted to: CITY OF COLUMBIA HEIGHTS
637 38TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER on the form included in the Contract Documents to perform
and furnish all Work as specified or indicated in the Contract Documents for the Contract
Price and within the Contract time indicated in this bid and in accordance with the other
terms and conditions of the Contract Document.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to
Bid and Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60)
days after the day of Bid opening. BIDDER will sign and submit the Agreement with
the Bonds and other documents required by the Bidding Requirements within fifteen (15)
days after the date of OWNER'S NOTICE OF AWARD.
In submitting this bid, BIDDER. represents, as more fully set forth. in the Agreement,
that:
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(a} BIDDER has examined copies of all the Bidding Documents and of the
following Addenda (receipt of all of which is hereby acknowledged):
Tlate Ni~mhP.,r__,
(b) BIDDER has familiarized itself with the nature and extent of the Contract
Documents,Work, site, locality, and all local conditions and laws andregulations
that in any manner may affect cost, progress, performance or furnishing of Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions
and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Paragraph 4.02 & 4.03 of the General Conditions, and
accepts the determination set forth in Paragraph S.C. 4.02 & 4.03 of the
Supplementary Conditions of the extent of the technical data contained in such
reports and drawings upon which BIDDER is entitled to rely.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests and studies (in addition to or to supplement those referred to in
(c) above) which pertain to the subsurface or physical conditions at the site or
otherwise may affect the cost, progress, performance or furnishing ofthe 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.
(e) BIDDER has reviewed and checked all information and datashown or indicated
on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations,
explorations, tests, reports or similar information or data in respect of said
Underground Facilities are or will be required by BIDDER in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Paragraph 4.04 of the General
Conditions.
10
CITY OF COLUMBIA HEIGHTS
"2007 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS"
1V (1 I'TT+'. M
1. Remove curb and gutter
2. Construct concrete curb and gutter
3. Remove street/alley
4. Construct 8" concrete street/alley
5. Remove driveway/apron
6. Construct 6" concrete driveway/apron
7. Remove eoncrete crosswalk
8. Construct colored-concrete crosswalk
9. Construct 12" wide concrete band
10. Install 18" tie-bar
11. Remove sidewalk
12. Construct 4" concrete sidewalk
13. Remove step
14. Construct concrete step
UNIT
UNIT OUAN. PRICE AMOUNT
- --_
~~
L.F. 302.0 $ ~ ~`~ $~ F.
L.F. 302.0 $~ $ ~~`~ ~ p
~ `",~i
S.F. 316.0 $~_ $_ ~~
~'~ ~~
S.F. 316.0 $ ~ $ I ,3~ ~ _
S° ~ `°
S.F. 218.0 $ ~ $ ~~~
s.F. 218.0 $ ~~ $ ~g ~~~
~~ m
S.F. 242.5 $ ~ $ ~~~
S.F.
230.0 ~/'v''
$ ~_ ..-~ s'L~
$ ~ ~~~
~ ~ ~ ~ ~' ° ~~
S.F. 12.5 $ $
Ea.
70.0 4 `.
$ -.~ ~,
$_ ~~ • ~
S.F.
100.0 ~~
$~_
$ r ~ ~
S.F.
100.0 ~ ~
$ ~ E'/
$ ~ ~_
_ ~~ E> ~~'
S.F. lao $ -~ $ ,~~
~' ~' `.ice
S.F. 10.0 $ ~'~ $ ~~~'
TOTAL BID
--
12
Total Bid Written In Words
5. BIDDER agrees that the Work will be completed as follows:
• 2007 MISCELLANEOUS CONCRETE REPAIRS & INSTALLATIONS
CI T Y I RVJLIr.. 1 V7VV
• All work listed in the Supplemental Information (Phase 1) must be completed by
June 1, 2007.
• The Contractor shall anticipate a second list of removals and concrete repairs or
installations at various locations by August 31, 2007. This work shall be completed
by September 28, 2007. These quantities are in addition to those listed in the
Proposal.
• Final inspection by October 19, 2007, in accordance with Paragraph 14.06 of the
General Conditions.
• BIDDER accepts the provisions of the Agreement as to liquidated damages in the
event of failure to complete the work on time.
6. The following documents are attached to and made a condition of the BID.
(a) A tabulation of Subcontractors, Suppliers, and. other persons and organizations
required to be identified in this Bid.
(b) The contractor will complete the Work sequence in accordance with Division 1,
Section 4, General Requirements.
(c) Affidavit ofNon-Collusion.
7. Communications concerning this BID shall be addressed to the address of BIDDER
indicated below.
8. The terms used in this BID, which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents, have the meanings
assigned to them in the General Conditions.
SUBMITTED oN: ~' ° 1 ~ , 2007,
13
If BIDDER is:
AN INDIVIDUAL
By
Doing Business As
Address:
Telephone No:
A PARTNERSHIP
By
(Firm Name)
(General Partner)
Business Address:
Telephone No.:
(Cantinued an next page.}
(Individual's Name)
(SEAL)
(SEAL)
14
A CORPORATION
By
(Corporation Name}
State of Incor oration}
gy ~___-
( ame of Person Authorized to Sign}
(Title)
ATTEST: ~ ~~ ~ ~~~G~-'
(Secretary)
Business Address: ~'(~o ~ ~-~`~ ~~
Telephone No. ~~~- 7 ~ ~ ~~ ~~
A JOINT VENTURE
By
(Name)
(Address)
By
(Name)
(Address}
Each joint venturer must sign. The anner of signing for each individual,
partnership and corporation that is a party to the joint venture should be in the
manner indicated above.
IS
STATE OF
COUNTY OF
AFFIDAVIT OF NON-COLLUSION:
(1) That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER
(if the bidder is a partnership) of an officer or employee of the BIDDER
corporation having authority to sign on its behalf (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 vendor of materials,
supplies, equipment or services described in the invitation to bid designed to limit
individual bidding or competition;
(3) That the contents of the bid or bids have not been communicated by the
BIDDER, or its employees or agents, to any person not any employee or agent of
the BIDDER, or its surety, on any bond furnished with the bid or bids, and will
not be communicated to any person, prior to any official opening of the bids, or
bids; and;
(4) That I have fully informed myself regarding the accuracy of the statements made
in this affidavit.
~` ~nss4
. ,
BIDDER
FIRM MAKING BIDS
Subscribed and sworn to before m ' °~:~.: 8E1'fE J KASSA
thas ~ day of ~ 2OQ7. NOtARYPUeLiC-MINNESOtA
s MY COMMISSION EXPIREu i$i-10
rS
NAME
OFFICIAL TITLE
16
EJCDC
STANDARD FORM OF AGREEMENT
tSL' 1 VJEEIV O VY'lr'ER A1~TD LOi~~ T ttri~ T OR
ON TINE BASIS OF STIPULATED PRICE
THIS AGREEMENT is an betwee t CITY OF ~MB GHTS, MINNESOTA
----
(OWNER) and
(CONTRACTOR).
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 T'he Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
• 2007 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS
CITY PROJECT NO. 0700
ARTICLE 3 -ENGINEER
3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING
DEPARTMENT (ENGINEER), who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with the completion of the Work in accordance with the Contract
Documents.
17
ARTICLE =1-CONTRACT TIMES
m~ r.7 r_
4.U 1 l lme Of the ~J'SenC'e
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 September 2S, 2007, and
completed and ready for final payment in accordance with Paragraph 14.07 of the General
Conditions on or before October 19, 2007.
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 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 Sutimittca~ anu Proces~sirrg of Payments
A. CONTRAC'I~OR 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 ofthe 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 units completed) or, in the event there is no schedule of values, as provided in the
General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER may determine or
OWNER may withhold, including but not limited to liquidated damages, in accordance
with Paragraph 14.02 of the General Conditions:
a. 95% of Work completed (with the balance being retainage). If the Work.
has been 50% completed as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as the
character and progress of the Work remain satisfactory to them, there will be no
additional retainage; and
b. 95% of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).
2. Upon Substantial Completion, OWNT~R 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.OZ.B.S 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 Iist 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
recammended by ENGINEER as provided in said Paragraph 14.07.
l9
ARTICLE 7 -INTEREST
/.Ut X111 moneys n0>: pa1Q Wnen C1Ue as prl~V IUGU 111 tii llGlG 1't Ut LllG VGiter al i.,vi~w uOnS o,iui, v~.ui
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
doing so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at
or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by CONTRACTOR, including any specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding
Documents, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the Site that relates to the Work as indicated in the Contract Documents.
2p
H. CONTRACTOR has correlated the information known to CON I"RAC`1~OR,
information and observations obtained from visits to the Site, reports and drawings identified
_~n
in the Contract Documents, and ail additional examinaiions, investigaiiolis, exp~~rations,
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 writtel7 resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
3. The Contract I3ocumczits are generally suffcient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
ARTICLE 9 CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages to ,inclusive).
2. Performance Bond (pages to ,inclusive).
3. Payment Bond (pages to ,inclusive).
4. Other Bonds (pages to ,inclusive).
5. General Conditions (pages to ,inclusive).
6. Supplementary Conditions (pages to ,inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings consisting of none.
9. Addenda (numbers to ,inclusive).
10. 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}.
c.
21
11. The following which may be delivered or issued on or after the Effective
Date of the Agreement and are not attached hereto:
a. Notice to Proceed (pages ______ to ____, inclusive).
b. Work Change Directives.
Change Orders}.
B. The documents listed in Paragraph 9.O1.A are attached to this Agreement (except as
expressly noted otherwise above}.
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in Paragraph 3.04 of the General Conditions.
ARTICLE 10 -MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions
and the Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid. and binding upan OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof with
22
a valid and enforceable provision that comes as close as possible to expressing the intention
of the stricken provision.
l 0.05 Other- Provisions (if applicable).
~~
IN WITNESS WHEREOF, OWNER and CON`RACTOR have signed this Agreement in duplicate.
One counterpal-t each has been delivered to OWNER and CONTRAC`T'OR. All portions of the Contract
~-
~ , _ ~.t.n,,rn . _a n~vrTrrr~ n ~frnv ,. +ho;,- 1,oh~lf
Documents nave been Slgl'led Or ldent111eU oy V YY1vGIl a11U Vvty ~ tti-~1. t viv v'i o~i ~i~wi v~..~iu,i.
This Agreement will be effective on ~~ ?007 (which is the Effective Date of the
Agreement).
Galy Petersen, Mayor
CONTRACTOR:
~,
try--z; ; -
By:_ - -
Title: tr~ ~ ~ ` ~` ~~
[CORPORATE SEAL]
(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 ofOWNER-CONTRACTOR
Agreement).
[CORPORATE SEAL]
Attest:
Title:
Address for giving notices:
License No.
(Where applicable)
Agent for service of process:
(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: _ --
F ats i m i i e: Facsimile:------------------_-____--
24
Bond No. RCN 606903
CONSTRUCTION PERFORMANCE BOND
Any singular reference to the Contractor, Surety,_Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Ron Kassa Construction, Inc.
6005 - 250 East
Elko, MN 55020
OWNER (Name and A.ddress):
City of Columbia Heights
637 38th Ave~nhue NE
CONSTRUCTiC7N t~s~r~1~5~~.21
Date: April 23, 2007
Amount: $ I2 , 333.58
Description (Name and Location)
BOND
SURETY (Name and Principal Place of Business):
Old Republic Surety Company
P.O. Box 1976
Des Moines, IA 50306
2007 Miscellaneous Concrete Repairs and Installation
City Project No. 0700
Date (Not earlier than Construction Contract Date): May 7 , 2007
Amount: $12 , 333.58
Modifications to this Bond Form: None
Ron Kassa Construction, Inc.
CONTRACTOR AS PRINCIPAL
Company: (C. Seal)
._
Signature: 9r f`) t I ~ _ ° -
Name and Title:
:~ ~`
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal}
Signature:
Name and Title:
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
EJCDC No. I9I0-28A (I984 Edition}
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
The lbntractor and the Surety, ~omtly and severely, binds themselves, then
heirs, executors. administrators, successors and assrgns to [he Owner for the
performance of the Construchnn Contract, which is incorporated herein by
reference
If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3 1.
i_f'rhere rt nn Owner Default, the Surety's obligation under this Bond shall arise
after'
3.1 The Owner has notified the Contractor and [he Surety at its address
described in Paragraph 10 below, that the Owner is considering declaring
a Contractor Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be held not later than
fifteen days after receipt of such notice to discuss methods of performing
the Construction Contract. If the Owner, the Contractor and the Surety
agree, the Contractor shall be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall not waive [he
Owner's right, if~any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally terminated
the Contractor's right to complete the contract. Such Contractor Default
shall no[ be declared earlier than twenty days after the Contractor and the
Surety have received notice as provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the
Surety in accordance with the terms of the Construction Contract in
accordance wit the terms of the contract with the Owner.
When the Owner has satisfied the conditions of Paragraph 3, the Surety shall
promptly and at the Surety's expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perform and
complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself,
through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals For qualified contractors acceptable
to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected with the Owner's
concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the
Constitution Contract, and pay to the Owner the amount of damages as
described in Paragraph 6 in excess of the Balance of the Contract Price
incurred by the Owner resulting from the Contractor's 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
crrcumstances
1. After investigation, determine the amount for which it may be
liable to the Owner and, as soon as practicable after the amount is
determined, tender payment therefore to the Owner, or
2. Deny liability in whole or in part and notify the Owner, or
~. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on Chis Band fifteen days
after receipt of an additional and written nonce from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner
shall be entitled to enforce any remedy available to the Owner. If the Surety
proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment
tendered or the Surety had denied liability, in whole or in part, without further
notice the Owner shall be entitled to enforce any remedy available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the
Constnrction Contract, and if the Surety elects to act raider Subparagraph 4.1,
4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Owner under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of
the Owner under the Construction Contract. To the limit of the amount of this
Bond, but subject to committed by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 `hhe responsibilities of [he Contractor for correction for defective work
and completion of the Construction Contract.
6.2 Additional legal, design professional and delay costs resulting from the
actions or failure to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the
Construction Contract, actual damages caused by delayed performance
ornon-performance of the Contractor.
(FOR INFORMATION ONLY-Name, Address, and Telephone}
AGENT ar BROKER: Northern Capital Insurance
PO Box 9396
Elie Surety shall riot be liable to the Uwner or others for ublrganons of the
Contractor d~tat are mtrelated to the C,onstrucnon C~ontrtct, and the Balance of
the Contract Price shall nut be reduced or set off an account of any such
unrelated obligations No right of action shall accrue un thrs Bond to any
person or entity other than the Owner or its hors: executors, adminrstrators, or
successors.
The Surety hereby waives notice of any change, including changes of time, to
the Construction Contractor to related subcontracts, purchase orders and other
obligations.
Y Any proceeding, legal or equitable, under thrs Bond may be instituted in any
court of competent jurisdiction m 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 refirses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisrons of thrs Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a
defense in thejurisdretion of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall he mailed or delivered
to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory ur other legal
requirement in the location where the construction was to be performed, any
provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted here from and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. The
intent is that this Bond shall be construed as a statutory bond and not as
common law bond.
12. Definitions:
12.1 Balance of the Contract Price: The total amount payable by [he Owner
to the Contractor under the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of
any amounts received or to be received by the Owner in settlement of
insurance or other claim s for damages to which the Contractor rs
entitled, reduced by all valid and proper payments made to or on behalf
of the Contractor under the Contraction Contract.
12.2 Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply wit the terms of
the Construction Contract.
t2.4 Owner Default: Failure of the Owner, which has neither been remedied
nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other [eons
thereof.
C)WNERS REPRESENTATIVE(Architect, Engineer, or other parry}:
City of Columbia Heights
Kevin Hansen, PE
952-996-8829 ~6
Bond No. RCN 606903
CONSTRUCTION PAYMENT BOND
An~sin~ular reference to the Contractor Suret~wner or other party shah be considc«u j~iur i, w„~re apy„cum.
CONTRACTOR (Name and Address):
Ron Kassa Construction, Inc.
6005 - 250 East
Elko, MN 55020
OWNER (Name and Address):
City of Columbia Heights
637 - 38th Aaenue NE
Columbia Heights, MN 55421
CONSTRUCTION CONTRACT
Date: April 23, 2007
Amount: $12, 333.58
Description (Name and Location)
SURETY (Name and Principal Place of Business):
Old Republic Surety Company
P.O. Box 1976
Des Moines, IA 50306
2007 Miscellaneous Concrete Repairs and Installation
City Project No. 0700
BOND
Date (Not earlier than Construction Contract Date): May 7, 2007
Amount: $12, 333.58
Modifications to this Bond Form: None
Ron Kassa Construction, Inc.
CONTRACTOR AS PRINCIPAL
Company: (~~rp. Se~ ),
~° _
Signature: f _ __
Name and Ti e: . ~;-
,~
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature:
Name and Title:
SURETY
Company: (Carp. Seal)
Signature:
Name and Title:
EJCDC No. 1910-28B (1984 Edition)
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, American
Subcontractors Association, and the Associated Specialty Contractors.
Reprinted 10/90
~~
The Contractor and the Surety, jointly and severally, bmd themselves, their
hers, executors, administrators, successors and assigns ro the Owner to
pay far labor, materials and equipment firmishcd for use in the
performance of the Construction Contract, which is incorporated herein
by reference.
>_ With respect to [he Owner, this obligation shall be null and void if the
Contractor:
2 1 Promptly makes payment, directly or mdrrectly, for ail sums clue
Clarmants, and
2.2 Defends, indemnifies and holds harmless the Owner Pram claims,
demands, liens or suits by any person or enhry whose claim, demand,
lien or suit is for payment for labor, materials or equipment furnished
far use in the performance of the Construction Contract, provided the
Owner has promptly notified the Contractor and the Surety (at the
address described in Paragraph 12} of any claims, demands, liens or
suits and tendered defense of such ciaitns, demands, liens, or suits to
the Contractor and the Surety, and provided there is no Owner
Default.
3. With respect to Claimants, this obligation shall be null and void if the
Ca-,t;actors promptly makes payment, directly ar indirectly, for ail sums
due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4 1 Claimants who are employed by or have a direct contract with the
Contract have given notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or nottce thereof, to the 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 now have a direct contract with the Contractor:
I. Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party to
whom the materials 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 Pram the
Contractor, or not received within 30 days of furnishing the
above notice any comtnunrcation from the Contractor by
which the Contractor has indicated the claim will be paid
directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice therefore, to the
Owner, stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice famishing to
the Contractor.
5. If a notice required by Paragraph 4 is given by the Owner to the Contractor
or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy the Owner, within 45
days afrer receipt of the claim, stating the amounts that are
undisputed and that basis for challenging any amounts that are
disputed.
6.2 Pay or arrange for payment for any undisputed amounts.
7 The 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 the Surety.
8. Amounts owned by the Owner to the Contractor under the Construction
Contract shat{ be used for the performance of [he Construction Contract
and to satisfy claims, if any, under any Construction Performance Bond.
By the Contractor famishing and the Owner accepting this Bond they agree
that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to satisfy ohligations of the Contractor
and the Surety under this Bond, subject to the Owner's priority to use the
funds for the completion of the work.
9 The Surety shalt not be liable to the Owner, Claimants or others fbr
obligations of the Contract that are unrelated to the Construction Contract.
l'he Owner shaii not be liable for payment of any costs ar expenses of any
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: Northern Capital Insurance
PO Box 9396
Claimant under this Bund, and shall have under this Bond no obhgauons
to make payments to, give notices an behalf of, or otherwise have
obligations to Claimants under this Bond,
10. The Surety hereby waives nonce of any change; including changes of time
to the Construction 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
,..r,. ~.7 ~.-rln., ~n tha Inratinn m Wt1ICh the Work
ihaii Ili n wuu v, ~ainpcten, ~~..,.. ~ ........ ......_ .. __.. _..... ._
or part of work is located of afrer the exprratian of one year from the date
(1) on which the Clatmant gave the notice required by Subparagraph 4 I
or Clause 4.2 (iii}, ar (2) an which the last labor or service was performed
under the Construction Contract, whichever of (1) ar (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 the Surety, the Owner ar the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date received at the address shown
on the signature page.
13. When this band has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in the Bond conflicting with said statutory or
legal requirement shall be deemed deleted here from and provisions
conforming to such statutory or other legal requirements shall be deemed
incorporated herein. The intent is that this Bond shall be canstmed as a
statutory bond and not as a common law bond.
14 Upon requests by any person or entity appearing to be a potent~ai
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
I5. DEFIN1T10NS:
I5.1 Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to furnish
labor, materials or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms, "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Constmction Contract, architectural
and engineering services required for performance of the work of
the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the
jurisdiction where the labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor or to perform and
complete or comply with the other terms thereof.
OWNERS REPRESENTATIVE (Architect, Engineer or other party):
City of Clumbia Heights
Kevin Hanseny PE
952-996-8829
ACKNOWLEDGMENT OF PRINCIPAL (Individual-
STATE OF
COUNTY OF t ss.:
On this day of J
__, in the year ,before me
nnrtnnally rnmorcl
to me known and known to me to be the person(s) who (is) (are) described in a.nd who executed the foregoing instrument
and acknowledge(s) to me that he executed the same.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
STATE OF l ss.:
COUNTY OF j
On this day
personally come(s)
a member of the co-partnership of
to me known and known to me to be the person who is described in and who executed the foregoing instrument, and
acknowledges to me that he executed the same as and for the act and deed of the said co-partnership.
NOTARY PUBLIC
in the year ,before me
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
STATE OF ~P
COUNTY OF ~mF---~ ~ ss.:
~~ ~r ;
On this- ~_day of ~ , in the year '~~ before me
personally come(s) f ~. ~-'' ; ~~,
to me known, who, bein by me ly orn, deposes and says that he resides ins-the City of ~" 1_~'=-
that he is the '~~~~~ of the /`~ ~° S ~--~'~e r~-' r - e~ ,
--t..
the corporation described in and which executed the foregoing instrum- ent; that he knows the seal of the said corporation;
that 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 like order. ,.-~ ff ~
~ ~~~ ~.-~',- fry,
NOTARY PUBLIC
ACKNOWLEDGMENT OF SURETY ¢, ,~
STATE OF Minnesota E ' , -~vaavPtseLte~'"Ne ~
¢.
COUNTY OF Hennepin } ss•: i st~t•t~
On this day of in the year before me
personally come(s) John G. Hagberg
Attomey(s)-in-Fact of Old Republic Surety Company with whom I am personally acquainted,
and who, being by me duly sworn, says that he reside(s) in Eden Prairie , MN
that he is (are) the Attorney(s)-in-Fact of ald Republic Surety Company ,the
company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and
that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of [)hectors
of said Company, and that he signed said instrument as Attorney(s)-in-Fac the said C any by like order.
Ha ~~°~~4e1OI.,E hJ. V AI.dE(~ ~ f
G
I"ARY PU C-AAiNNESOTA NO ARY PUBLIC
F.9713 - a/s i F i~Y Ct~i~iKNd EXPIRES 01/31/2611
'~`` C..
CERTIFICATE OF LIABILITY INSURANCE OP ID L
AGQ~a DATE (MM/DD/YYYY)
05/08/07
,.
RONKA-1
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 NOT AMEND, EXTEND OR
Box 9 3 96
P
O ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.
.
Minneapolis MN 55440-9396 ~i
FORDINGCOVERAGE ~NAIC#
Phone:952-996-8818 Fax:952-829-0482 INSURERSAF
_ _. --
INSURED '~~..,
wsuRERA Hawkeye-Securi,ty_ Insurance I
-_. _
'.. INSURER B: The Builders Group
Ron Kassa Construction, Inc. ~ INSURERC:
6005 250th East INSURER D:
__.
!
Elko MN 55020 ____.
-------._.-- -- --.-
INSURER E ~
V V V L(\AV LJ
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
ANY REQUIREMENT
,
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.
~~~~~~--~~~~~_.. __.
INSR ADD' ' - -- POLICY EFFECTIVE DATE MM/DD/YY
LTR lNSR~ TYPE OF INSURANCE ) POLICY EXPIRATION ' S
^. .-_-POLICY NUMBER ~~~-~ ~~ DATE MM/DD/YY LIMIT
GENERAL LIABILITY i '. EACH OCCURRENCE $ 1 (._OOO, OOO _
...
~
RALLIABILITY
j;
MERCIAL GENE
CO CBP8224002 ~
OI/01/07 01j01/C8 AI~fAG1-T-RENTED
PREMiSES(Eaoccurencel ~ ZOO OOO
i
r
i
I _~
CLAIMS MADE X OCCUR i MED EXP (Any one person) $ 5 (000
__..--
~-_
'i I
'~ ~ PERSONAL & ADV INJURY $ 1(000 , OOO
-
' ' ,
GENERAL AGGREGATE $ (000,000
~
~-. - -
_
' ! GEN'L AGGREGATE LIMIT APPLIES PER: ~ I $ Z (OOO (OOO
PRODUCTS COMP/OP AGG
...--
I ___
POLICY I PRO ~ ~ LOC
JECT ,.
'. AUTOMOBILE LIABILITY
' --_.-. ~ COMBINED SINGLE LIMIT $ 1 OOO OOO
A X I ANYAUTO
BA8225902
01/01/07 ~ 01/01/08 (Ea accident)
r--.....----- --. - -
I ALL OWNED AUTOS i BODILY INJURY $
~~' ~~ SCHEDULED AUTOS I (Per person)
I
I i -..
' j HIRED AUTOS BODILY INJURY ; $
~' ;NON-OWNED AUTOS ~ : (Per accident)
;-__.__-... __
_ I
1
~ j - ----.. -_._
PROPERTY DAMAGE
t
id
P
I )
er acc
en
(
GARAGE LIA8ILITY
I i
AUTO ONLY - EA ACCIDENT i, $
-------_-_....- -
-
__ _
,
'
ANY AUTO
f - -- - --
t
EA ACC $
OTHER THAN - __ ___
- i AUTO ONLY: AGG i $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 3 (OOO, OOO
I
A -
I
CLAIMS MADE
OCCUR ~
X '
U8225202 i
07 Ol O1 08
Ol/Ol/ / / I
AGGREGATE $ 3 OOO OOO
(
-
'
! ;
,
DEDUCTIBLE
~
I ~_..--
rt-----
$
RETENTION $ 1O ~ OOO
X S
WORKERS COMPENSATION AND I I-X_ TORY LIMITS _ EER -_, __.,
EMPLOYERS'LIABILITY
B
I
07-0440 OZ/O1/O7 OZ/O1/O8 ELEACHACCIDENT ~ $ 500000 _
_ _ ____
ANY PROPRIETOR/PARTNER/EXECUTIVE _
OFFICER/MEMBER EXCLUDED
EL.DISEASE-EAEMPLOYEEI $ 500000
_ _ _ __ ____
-
If yes, describe under
SPEGIALPROVISiONSbeiow
~ _
~-
~
I E.LDISEASE-POLICYLIMIT ~ $ 500000
OTHER ' ~~
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Project: 2007 Misc Concrete Repairs and Installations, City Project No.0700
~,.,~ r.~~ rnNr-FI I nTlc~rv
CITYCOL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
f.'i ty Of C.'OluZtllDia Heights IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, (TS AGENTS OR
637 38th Avenue NE
MN 55421-3806
ht
}
Ii
1
l
'
l
` REPRESENTATIVES.
D
g
s
u
Itl
a
e
C
O
AUTHORIZED REPRESENTATIV ~
~ 1X a _
_ -- r
Terras Reinhardt
ACi®RD 2rJ l2®0108} 1J F44VRV VVRf Vrch~~V ae ~~uu
~~ ~ `.:~
CHANGE ORDER NO. 1
Project: 2007 Miscellaneous Concrete Repairs and Installations City Project: 0700
Owner: City of Colwnbia Heights Date of Issuance: November 30, 2007
637 38`h Avenue N.E.
Columbia Heights, MN 55421
Contractor: Ron Kassa Construction, Inc. Engineer: City Engineer
6005 - 250`x' Street East
Elko, MN 55020
You are directed to make the following changes in the Contract Documents:
Description: Change in original contract price 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 CHANGE IN CONTRACT TIME
Original Contract Price: Original Contract Time:
$ 12,333.58
Previous Change Orders No. _ to No. _ Net Change from Previous Change Order:
None
Contract Price Prior to this Change Order: Contract Time Prior to this Change Order:
$ 12,333.58
Net Increase of this Change Order: Net Increase (Decrease) of Change Order:
$ 26,628.30
Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders:
$ 38,961.88
Recom n d Approved
d ,.,, ~ ~....
'
By: ~ t
BY~
C' y ngine r Ron Kassa Construction, Inc.
._.-..
~ o ~ Approved By; Date of Council Action
~a ~..~---''~_
Ga~~~~~ ~~~ry~~~eterson, ayor Walter Fehst, Ci Manager