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HomeMy WebLinkAboutContract 21602160 _ ~ r _r - - r~ o ~° ~' , ~ ° ® ~ ® ~ r ~v~re t6~e basis t~f y~rr~t is >S'TICILA ,Std ,4CI7EE ENT made as of the Eighth day of December in the year Two Thousand Eight (In. ovards, indicate ttuti~, ntczntlz and }year.) ADDITIONS AND DELETIONS: The author of this document has BET EEN the C7wner: added information needed for its (Name and address) completion. The author may also have revised the text of the original City of Columbia Heights AIA standard form. An Additions and 590 40th Avenue Northeast Deletions Report that notes added Columbia Ileights, MN 55421-3878 information as well as revisions to the standard form text is available and the Contractor: from the author and should be (Nazrze and etdctress~) reviewed. A vertical line in the left margin of this document indicates GTI, Inc. where the author has added 1.817 180}th Avenue necessary information and where Canby, MN 56220 the author has added to or deleted from the original AIA text. For the following 1'raject: This document has important legal (fraclude detailed deseri~rtion of ['rojec~t, loeativn, address and scv~e.} consequences. Consultation with an attorney is encouraged with respect Columbia Ileights Public Safety Center to its completion or modification. 825 41st Avenue Northeast The 1992 Edition of AIA Document Columbia Heights, MN 55421. A201/CMa,General Conditions of New Public Safety Center the Contract for Construction, Construction Manager-Adviser 'The Construction Manager is: Edition, is adopted in this document (Nezrne and address} by reference. Do not use with other general conditions unless this EDS Builders, Inc. document is modified. 404A Saint Craix Trail North Lakeland, MN 550)43 Init. The Architect is: (Name and address) Buetow and Associates, Inc. 2345 Dice Street Suite 210 St. Paul, MN 551 I3 The (3wner and Cantractar agree as set Earth below. d. _A IJOCUrrrerat A10#(~i a - t _ _ 2. ~opur`sc ' ~t Co} 1992 by The American €nstitute o€ Architects. Ai! rights reserved. AIA software at 14:07:08 on 12/2212008 under Order No.t000380482_1 which expires on 12/4/2009, and is not for resale. User Notes: ! nis document was produced by 1 (3063815408} ARTICLE 7 THE CONTRACT DOCU ETS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions}, Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in thss Agreement and Madificataons issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE ORI( CF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifica}ly indicated in the Contract Documents to be the responsibility of others, ar as follows: Section 003001~id Division CH3-15-3 Geothermal Drilling and Fiping ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.l The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below ar provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of canzryzencenzetat, if it differs from the data of this Ageenzerzt ar, if cglplicuhle, state that tlae date wall be fried €n a rzatice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall. notify the Owner, through the Construction Manager, in writing not less than five days before commencing the th/ork to pernut. the timely filing of anorxgagee, mechanic's liens and other s?~urity interests. ~ 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date ar nzarnber of ealerzdctr days after the date of c`amrnczzcemc~nt. Also lrasert czrzy regzrirenzents• for earlier Szrbstarz~tial Conzpleti~an of certaizz parti~ans of tJze Work, if not stated elsewhere irz the Contract L)aczzrazents. } August 31, 20()9 Portion of ork Substantial Completion date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prat=isr~azzs, ifarxy, far liquidated darnczges relating to.failure to c:•aznplete an time.) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Ninety-five Thousand Dollars and Zero Cents ($ 295,Ot)0.00 }, subject to additions and deductions as provided in the Contract Documents. .2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State tFe numbers or other iderz~fifzc•tzticrn of c~tecehted alternates. If declszons an. other cdternates tyre to he mudc> lih the Owner suhsequ~etzt to tlae execartlan of this Agreeznezzt, attach a schedule of such other ralterrzates showing i~lze atrzourzt far- eactz and tl2e date until wlzielz that amc~rutat is ~~alid. § 4,~ Unit prices, if any, are as follows: Init. AtA E3ocu¢nerat Aio'6 ti a'TM - i4 2. G+'^vrEght O 1992 by The American Institute of Architects. AI6 rigtrts reserved. e~ [t, Z ~, '~ nis document was produced by t AIA software ai 14:07:06 on 12/22/2008 under Order No.1000380482_1 which expires on 12!4/2009, and is not for resale. User Notes: (3063815408} [~~~~riptlats Ursit~ Pri~~ ( 0.04) AE2T6~lE 5 PR~~RESS PA`~~ENTS 5.1 Lased upon Applications far Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates far paymc;nt issued by the Canstructian Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pravided below and elsewhere in the Cantract Documents. 5.2 The period cavered by each Application for Payment shall be one calendar month ending on the last day of the month, or as fallows: § 5.3 pravided an Applicatian far Payment is submitted to the Canstructian Manager not Later than the Twenty-fifth day of a month, the Owner shall make payment to the Contractor not Iater than the Thirtieth day of the following month. If an Applicatian for Payanent is received by the Canstructian Manager otter the application date fixed above, payment shall be made fsy the Owner not later than Sixty (6€)) days after the Canstructian Manager receives the Applicatian for payment. § 5.4 Each Applicatian far Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Cantract Snm among the various portions of the Wark and be prepared in such farm and supported by such data to substantiate its accuracy as the Construction Manager ar Architect may require. This schedule, unless objected to by the Canstructian Manager or Architect, shall be used as a basis far reviewing the Contractor's Applications far Paytnent. § 5.5 Application4. for payment shall indicate the percentage of campletian of each portion of the Work as of the end of the period cavered by the Application for Payment. ~ 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall. be computed as fallows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined Iry multiplying the percentage campletian of each portion of the Wark by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5.0(}%~ }. Pending final rlatarmin:stinn of rnct to the fliunPr of rhanaPC in the Wnrk amni~nts not in riicnnt~ may ha inelzirietl ac nrnvitlat) in .. b..., ... ..... Y ...... ....... J ~... ~ , .....•... __ _ Section 7.3.7 of the General Conditions; § 5,6.2 Add that portion <>f the Contract Sum properly allocable tcA materials and equipment delivered. and suitably stared at the site far subsequent incorporation in the completed construction (ar, if approved in advance by the Owner, suitably stared off the site at a location agreed upon in writing), Less retainage of Five percent (S.tlf}% }; § 5.6,3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Construction Manager ar Architect has withheld or nullified a Certificate far Payment as pravided in Section 9.5 of the General Conditions. ~ 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the fallowing circumstances: ~ 5.7.1 Add, upon Substantial. Completion of the Wark, a sum sufficient to increase the total payments to Ninety- five percent (95.OO~lc~ } of the Cantract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Wark and unsettled claims; and § 5.?'.2 Add, if final completion of the Work is thereafter materially delayed through na fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. Init. AEA [JOCUraeent At D1/su GTE - 1992.Oopyright O 1992 by The American Institute of Architects. a r6cEhts r~ a ec9. €na} a This aoeument was produced by 3 / AIA software at 14:07:D6 on 12/22/2008 under Order No.1000380482_1 which expires on 12/4/2009, and is not for resale. User Notes: (3063815408) 5.3 Reduction or (imitation of retainage, if any, shall be as follows: (If it is zrttended, prior to Sulista.ntial Conzpletiort~ of the entire Work, to recf«t•e nr limit the retaltzage resultarag from tdae percetztages irxserted in Sections 5.6. l castct 5.6.2 aboti=e, anct dais is rwt explar.r6ed elsewhere r72 tfze C'or~trgct 13ocurraents, insert here provisions for s6cch~ reduction or limitatiortrJ ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Cantract Sum, shall be made by the Ow6aer to the Contractor when { 1 j the Cantract has been fully performed by the Cantractar except far the Contractar"s responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy ether requirements, if any, which necessarsly survive final payment; and E2} a final Project Certificate far Payment leas been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not mare than 3E) days after the issuance of the final Project Certificate far Payment, or <ts follows: After the contractor has satisfactorily completed all non-conformed work, fulfilled all. final close-out tequirements in accordance with the Cantract Documents. ARTICLE 7 MISCELLANEE2US PROtIIS1C3NS § 7.~ Where reference is made in this Agree6nent to a provision of the General Conditions or another Contract Document, the reference refers to that. provision as amended or supplemented by other provisions of the Contract Documents. § ?.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, ar in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, iJ'crrny.) At legal rate of interest as set by Minnesota Statutes. (Usa~ry laws artd requi~rernents ur2der tke Federal Trutlz irr Le~xdifag f1ct, sirrxilar- stcite artct locgl, corasacmer credit laws gnd other regulutivtzs at the Owner's czntl Contractor's priracil~~a1 places of business, the tocati~ort oft/te Project and elsewhere m~gy affect the s~alidity of tla%s provision. Legal advice should be obtained with respect to deletions nr nzadifications, gnd also regurding requ~ire~r2erl~ts such as writzera~ dr'selosures or st=givers.) & 7.3 Temnorarv facilities and services: (Kere insert temporarv,fgcifities mxd services whicl2~ care different frcrt~n~ or irz addition to those included elsewhere ire the Ca;<atructOoc~us~acnts.) This contractor is responsible far all temporary facilities as identified in the Project Manual; including but not limited to loading, unloading, materials storage and protection, layout, clean-up, hoisting, scaffolding, bracing, safety, barricades, guard rails, protection of Wark and surrounding Work, as specified. Location of site stored materials and temporary facihtres shall be coordinated with the Construction Manager/Site l7epresentative. ~ 7.4 Other Provisions: (Here list grr~v spec°ial prnvisa~nrzs affecting t1~e ~`orztract. ) Sez F,xhibit A, attached. ARTICLE 13 TERININATIf~N CR SUSPENSIC}N 8.1 The Cantract may be terminated by the Owner or the Cantractar as provided in Article 14 of the General Conditions. .Z'I'he Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Init. A6A 63ocaaeneett At6)t/C.:__T"R -'6932. Copyright O 1992 by The American Institute of Architects. A!6 rights resew°^d. s w o~ r 4 sre ~ a3 ~. This document was produced by / AIA software at 14:07:06 on 12/22/2008 under Order No.1000380482_t which expires on 12/4/2009, and is not for resale. User Notes: (3063815408} ~RTI~LE 9 ENiI E T6t~ ®F CONTRACT f30UET § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.9,"6 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document Al O11CMa, 1992. Construction Manager-Adviser Edition. ~ 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A2011CMa, 1992 Construction Mat7ager-Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated October 30, 2008 ,and are as follows: 63ccument Title 6'~ages Division 0 Bidding and Contract 164 Requirements Division 1 General Requirements 38 § 9.9.4 The Specifications are those contained. in the Project Manual dated as in Section 9.1.3, and are as follows: (Either last the 5'/~eei~cati~ofzs flare or refer to urn eztaivit utt~czcFaed to this A~reerazent.} Section Project Manual - Boak One, Phase Three Project Manual, Boolc Two, Phase Three Tithe Pages Bid Packages as prepared by 331. Buetow and Associates, Inc. dated October 30, 2008 Bid Packages as prepared by 305 Buetow and Associates, Inc. dated October 30, 2008 9.9.5 The Drawings are as follows, and are dated October 30, 2008 unless a different date is shown below: (Either list the Drawings ft~ere or refer to an exhibit attached t~ tTzis Agreernerat ) Plumber Title Date A0.0 Cover Sheet C2 Paving Plan (for reference> 9/26f2008 A2.1 Lower Level Floor Plan A2,2 Main Level Floor Plan A2.3 Mezzanine Floor Plan A3.I Building Elevations & Sections A3.2 Building Elevations A4.1 thru A4.5 Wall Sections A4.6 and A4,7 Stair & Elevator Sections & Enlarged Plans A4.8 Stair Sections and Details A4.9 Details & List of Abbreviations A5.1 Enlarged Floor Plans A6.'1 and A6.2 Interior Elevations A6.3 Lobby Elevations & Enlarged Lobby Plans A6.4 Interior Elevations & Details A7.1 Lower Level Reflected Ceiling Plan A7.2 Main Level Reflected Ceiling A 8. ~t~eument AtOPl~t~aTS - 3~~2. ~otJyrinht O 1992 by The American Institute of Arch€tects. Asl r'satti reserued. 6nit, w. TFris daeument was produced 6y 5 / AIA software ai 14:07:06 on 12/22/2008 under Order No.1000380482_1 which expires on 12/4/2009, and is not for resale. User Notes: (3063815408) Plan A73 Mezzanine Reflected Ceiling Plan AB.,I Door Schedule A8.2 Door and Frame Details Fl .l Lower Level Furniture Plan (for reference only) F1.2 Main Level. Furniture Plan (far reference only} S l thru S l l Structural Steel MSI.I Site Plan -Geothermal Wells and Plumbing MI.I that M9.1 Mechanical ES l Site Plan -Lighting El thru E6 Electrical § 9.1.6 'Fhe Addenda, if any, are as follows: NsaHttber date Pages l l 1/ 19/2008 37 2 1112012008 l 3 1 1 /25/2008 l 5 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 ®ther documents, if any, foraning part of the Contract Documents are as follows: (List lzer•e any addltic~nal documents which crre intended to forma part ref the Contract Z~c~eunaents. Tlxe General Cande~tiorzs provide £laat bidding requirenac~nts such. as ctdti~erta~sertaent or• ir4vitation to bzd, Instructac~ras to Bztlders, sample forms and tlae Contractor's bid aa•e riot part of the Contract Documents unless enumerated In this Agreement. They should lie listed here arzly if irr~tended to !~e part of the Contract Urrcurnents.) This Agreement entered into as of the day and year first written above. B3NT Te3R ., rr~a ~ ~~` --~ (Si~~aa~re) ~ ~ ~f €"'/r' a ~,Lr'~%' 3,(,~" a'~~ ~~'GSu.K/,~°- Date /°`~fe--~s (Printed name and title) ~r a ~ ~ t Gat ~~ter~e~n, Mayor Date lnit. QHA ~ocumetat ,410Y(~--aT"~ - 1992. GopvrigEtt O 1C"2 by The American CnsYitute of Rrchitects. QHt rig-`its resr-ve ' €a E ~ AfA software at 14:07:06 on 12/22/2008 under Order No.1000380482_1 which expires on 1214/2009, and is not for resale. User Notes: i nis document was produced by 6 (3063815408) I IT T E ~a ~ T / T CT T C I.t3 E FIEIG TS I'ITELIC ~ CENTS I, HEIG TS, INN T Within five (5} working days after award of the Contract, this Contractor must submit to the Construction Manager, a list of materials, products, equipment, materials suppliers and subcontractors they will use to perform their portion of the project. 2. Within five (5} working days and prior to starting work on site, this Contractor must submit Insurance Certificates for the project in the amounts detailed in Specification Section 00810 -Supplemental and Special Conditions to General Conditions of the Contract for Construction. The Owner, Architect, and EDS Builders shall be named as additional insureds. 3. Within five (5) working days after award of the Contract, this Contractor shall submit a detailed schedule showing material deliveries, majar work items, working periods ar~d projected corr~pletion of the contracted portion of the work. The Contractor's schedule shall be in accordance with Schedule Section 00210, unless otherwise noted in this agreement. 4. Within five (5) working days after award of the Contract, this Contractor shall provide a typed schedule of values on AIA Document G703 - Schedule of Values, with breakdown of material and labor as directed by the Construction Manager, and in compliance with Article 5.4 of this Contract. 5. Within five (5} working days after award of the Contract, and prior to beginning work on-site, this Contractor must submit its safety program to the Construction Manager for review. 6. Prior to beginning wark on-site, this Contractor shall submit to the Construction Manager's site office, material safety data sheets for all applicable materials to be used on-site. 7. The Contractor shall coordinate its safety program with that of the other Contractors an the site as specified in the Contract Documents including all Government regulatory agencies having jurisdiction an this project. 8. Inclusions and/or exclusions noted in the Contractor's proposal are not included unless specifically stated in this agreement. 9. Contract Sum stated in Article 4.1 includes the cost of all necessary or required insurance, permits, sales tax (if applicable), royalties, patents, etc. - ACORD~, CERTIFICATE OF LIABILITY INSURANCE 01/14/2009 PRODUCER NEMITZ AGENCY, INC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 125 1ST WEST ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CANBY MN 56220 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 507-223-5280 Fax: 507-223-7151 INSURERS AFFORDING COVERAGE NAIC # INSURED Glen Citrowske INSURER A: Grinnell Mutual Reinsurance DBA: GTI INSURER B: 18'(7 180th Ave INSURER C: Canby MN 56220 INSURER D: I INSURER E: rnvcDn~cc 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. INSR D' POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMSES Eaoccurence $ 100,000 5 000 ` ' CLAIMS MADE ^X OCCUR MED EXP (Anyone arson . A x 0000353247 05/09/2008 05/09/2009 PERSONALBADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY PRO LOC AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (PeracadeM) GARAGELIABWTY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE _ $ OCCUR ~ CLAIMSMADE AGGREGATE $ DEDUCTIBLE $_ RETENTION $ $ WCSTATU- OTH• WORKERS COMPENSATION AND X f)RY t EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ _______ 500.000 A ANY PROPRIETOR/PARTNER/EXECUTIVE 0000377047 05/09/2008 05/08/2009 OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 500,000 OTHER DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BYENDORSEMENT /SPECIAL PROVISIONS Commercial plumbing, excavation operations. City of Columbia Heights 509 40th Ave NE Columbia Heights, MN 55421 ACORD 25 (2001108} SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO T~HE~CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NONesyaGATION 6R LIABILITY Of-,f1NY KIND UPON THE INSURER, ITS AGENTS OR ©A~ORr` -~>'t3P.ATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements}. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 097206 66048937 m e s o ~ _ g , CC ~: ~TO~ (Ncrrtr~~ caul ~lt~lc~lr-E~ss~t: SUETY (It~rr~arc~ c~ru;` E' ; cd F'lczc't~ nt~F3ttsittie~ss}: G T I, Inc. 1817 180' Ave. Camby, MN 56220 ~ CAE (Nizr~~e ctrrcl Aclcll°cs.~}: City of Columbia Heights 590 40~' Ave NE Columbia Heights, MN 55421-3878 COf~STTiO COTT ~<tte. January 14, 2009 1~~71c~if t7~: $295,000. C7escriiatic~n (IV~~~rnc~ c€t~tcl ~.c~ccttzor~t: Installation of Geo-Thermal Loops Q Date (Nat eat-lier°T19.cz~2 C'ara,ctr~L.rclirrtz Cc~rztrcrct L)cxte): January 14, 2009 f~ltlt)lt111: $295,000. M~sc~ifio~~tit7t,~, tcs [his Ii4.~~u: ~~°;<rf~e ^ see i~u~~ 4 CO~fT OT ~1~01L SEIETY Any singular reference to Contract. Surefy, C7wner or other party s1~al( be considered plural where applicable. C`amisa~7y: (C'crt~~~Err~rxte 5'ctzl) C:or~~pany: (C`Erey~7nt-utc SE~~rll G T I, Inc. - Auto-Owners Insurance Company ~_~. J !~atuz-e: ~ ,. ~¢ z ,~ Sigt~at~trc: ~ ~4 Tale: hlEtine ~~~ Tztle: Nicholas J. Carbone, Jr., Attorney-in-Fact f,~~ry ~ulclitic~r I.ci~gz2ertttt'e.e crp~e~zr~ rrtt ping€~ 4J l~'C~Ia I1U--0 1 T7(1N C~11fL1'' - Ncrrrzc~~, .~dclr~c>s.r cs~zcl Telc~l~lrcmE~~ ) (JET c„ 1~~ ~~.~e. OVdE ~EPItESETTEVE (r1r~~f~iti~~t, h:rt,~~~xeer- r~r r,tFret~ pcrrts~i: Auto-Owners Insurance Company PO Box 30660 Lansing, MI 48909 Ate C3oeusne~f ~392T"~ - 9984. The American Institute of Architects. § 1 The Contractor and the Surety, jointly and severally, hind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the per~,fonnance of the Construction Contract, which is ina'7rparated herein by reference. § 2 If the Contractor performs the Consu-uction Contract, the Surety and tlic Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3. I. § 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: § 3.1 The Owner has notitied the Contractor and the Surety at its address described in Section l q 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 Inter than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Ct>ntrt~rctor and the Surety agree, the Contractor shall be allowed a reas~mable time to perform the Construction Contract, but such an agreement shaIl not waive the Owner's right, if any, subsequently to declare a Contractar Default; and § 3.2 The Owner has deetared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractar and the Surety have received notice as provided in Section 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 or to a contractor selected to perform the Construction Co~~~tract in accordance with the terms of flee contract with the Owner. & 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense t~~ike one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perfor7~ 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 from qualified contractors acceptable to the Owi7er for a contract for performance and completion of the Const~-tiction Contract, arr4ulge for a cot~itract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with perl~ormaiice and payment bunds executed by a qualif7e~d Stu-ety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 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 eoinplete, ~~urange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deterruined, tendet° payment therefor to the Owner; or ,2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any ~°emedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. ~ S After the Owner has terminated the Cc>ntruactor's right to complete the Construction Contract, and if the Surety ~;lects to act under Section ~.l , X1.2, ot• 43 above, then the responsibilities of the Surety to the Owner shall not he greater than those of the Contractar under the Construction Contract, and the responsibilities of the Owner to the Surety sha11 not be greater than those of the Owner under the Construction Contract. Ta the linut of the amount of this Bond, but subject to commitment by the Owner of the ,Balance of the Contract Price to mitigt~ition of costs and damages on the Construction Contract, the Surety is obligated without duplication for: § 6.1 The responsibilities of the Coatr<tetor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and A!A Document A312TM - 1984. The American Institute of Architects. 097206 66048937 . ~ o ~ E ~ a _.~ O~fEl~ (t~rurne cared ,~ddr-ess}: City of Columbia Heights 590 40~' Ave NE Columbia Heights, MN 55421-3878 N°l•UCTE ;~I~TT Lane: January 14, 2009 Aa~nount: $295,000. l~escripticfn (Ncrtrre caul ~c~c'criart j: Installation of Geo-Thermal Loops Llate (1~Iut c~ut~lder- thczr~~a C"urrsta-tactiarr C"orztrcrct ~atc~): January 14, 2009 ;1m~u~~tt: $295,000. Ic~rliticatiLn4 to this 13c~ncl: ~Nc7t~c ~ `gee l~a`~:e -i ~T~4TF~ IEPAL SUETY Any singular reference to Contract, Surety, t~wner ar other party shall be considered plural where applicable. Comfa~z ~: (C`or-pc.rrcat~e ~~rn11 C'os~lp<~iny: (~'nryx>r•cttc S~cz(f G ~ I, Inc. - Auto-0wners Insurance Company Si~~nature: '` _ ,. ~`: `ii`==nature: ~v' ., .._----> Name and Title: Natz~e ~tnd Title.: Nicholas 7. CarbonJr., Attorney-in-Fact (fiery crdditzc~atca( szgFncrtur~crs ca/t~>eut- crat E~ct~rc~ ~/ (FC1R IN~'~~12~IAIICIN ~14r~.Y` - lyrczaate, Address crud I'e'~~~rJurrtet ~~ET c~r~ E3~~iCER: NEB°S F~EpESENT~TI~E F~4rc~hitc~ct, Ar~i,~ia~reca-crr c~xr/ter~~crr~il: t1PA Document A312T~ - 1984. The Nrnerican Institute of Rrchiteets. ~ 1 The Contractor and the Surety, .jointly and severally bind themselves, their heirs, executors, achninistratars, successors and assigns to the Owner to pay for lobar, materials and equipment furnished far use in the perforrnrrnce of the Cansta~uctiarr Contract, which is incarparated hea-ein by reference. § 2 With respect to the Owner, this obligation shall be. null and void if the Contractor: 2.1 Promptly n~rakes payment, directly or indirectly, far all sums due Claimants, ar~d § 2.2 Defends, indemnifies anel holds han~nless the Owner from claims, demands, liens or suits by any person ar entity whose claim, demand, lien or suit is far the payment for labor, materials ar 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 Section 12) of any claims, demands, Liens or suits and tendered defense o~f such claims, demands, liens or suits to the Contractor and the Surety, and provided there is na Owner Default. § 3 With respect to Claimants, this obligation shall he null and void if the Contractor promptly makes paymer~rt, directly ar indirectly, far all sums due. § 4 The Surety shall have no obligation to Claim~urts under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the. Contractor have given notice to the Surety tat Che address described in Section f~) and sent a copy, or notice 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 da not have a direct contract with the Contractor: .1 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 rn• last furnished materials ar equipment included in the claim stating, with substantial accuracy, the aniannt of the claim and the name of the party to wham the materials were furnished or supplied c~i- for wham the labor was done or performed; and .2 Have either received a rejection in whole ar in part from the Contractor, ar- not received within 30 days of furnishing the above notice any cammtimication from the Contraivtar 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 Seetion l 2) and sent a copy, ~'x notice thereof, to the Owner, stating that a claim is hein,~ made under this Band and enclosing a copy of the previous w;7tten notice furnished to the Contractor. § 5 If a notice required by Section 4 is given by the Owner to the Contractor ar to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Seetion 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the CI<ti,mant, with a copy to the Owner. within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis far challenging any amounts that are disputed. § 6.2 Pay ar arrange for payment of any undisputed amounts. § 7 The Surety's total obligation sl2all not exceed tl7e amount. of this Bond, and the amount of this Band shall be credited for any payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor >.u~der the Const~•uction Contract. shall be used far the performance of the Canstrtrction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all ftn~ds earned by the Contractor in the per-farmance of the Construction Cor~rtract are dedicated to satisfy obligations of the Contractor and the Surety under this Viand, subject to the Owner`s priority to use the funds for the completion of the work. § 9 The Surety shall not be liable to the Owner, Claimants ar others far obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be Ii~~ible far payment of any costs ar expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf ol', ar otherwise have c'rhligatians to Claimants under this Bond. § 10 The Surety hereby waives notice of any change, including changes of tin~ie, to the Construction Contract ar to related subcontracts, purchase orders and tither obligations. AtA f3ocument A312T^~ - 1984. The American Institute of Architects. ~ p ~ I}AT~ ANI9 ATTACFI T~ ~RI~dIV'Ah B+l?ND ~~~~~ Y~ l~ ~~~ ~1~1 S lJ l~l ~~ i._. ~li'1~~1~ i LANSING, :4'YJC'I-dI+GAN I'(3i~'Ef2 C31N ATTORNEY ~®,097206 66048937 KNOW ALL MEN BY THESE PRESENTS: 'T'hat the At~i`hE)-OWNERS INSURANCE COMPANY A"I' LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of~ Michigan.. pursuant to the following Resolution adopted by the directors of the said Company on January 27, I97I, to wit: "'RESOLVED. That the President or any Vice President or Secretary car Assistant Secretary of the Company shall 'have power and authority tg appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company. and attach the seal of the Company thereto, bonds and. undertakings, recognizances, contracts of indemnity, and other writings obligatory in the .nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same farce and effect as if manually affixed. Said officers may at anyy time remove and revoke the authority of any such appointee." Fred A. Hannula, Michael Martin, Jim House, Scott Carpenter, Sue Hotben, Paul D. Oppenlander, Suzanne K. Sweeney, Joseph Mason, Andrew R. Blackburn, Linda Ammon, Kathy Risher, does hereby constitute and appoint Marcy Skinner, Phyllis B. Scott, Kristina Cassel, Tamara L. Hutton, Patricia A. Reeves., Lindsey Spitzley, Alfred G. Windquist, .John T. Quoin, Nicholas J. Carbone, Jr., John Kenney, Teresa E. Gibson, Shannon Dickinson and/or Sandra M. Jones, Lansingg, Michigan its true and lawful attorneys}-in-fact, to execute, seal and deliver i'or and on its behalf as surety. any and all bonds and undertakings, recognizances, contracts of indemnity and other 4ritings obligatory in the nature thereof, without limitations gird the execution of~ such instruments} in purstEance of these presents, shall be as binding upon the said AUTO-<3WNER5 INSURANCI~ COMPANY ,4T LANSING, M]CIiIGAN, as fully and amply, to alI intents and purposes, as if` the same had been duly executed and acknowledged by its regularly sleeted officers at its principal office. IN WITNESS WHEREOF, the AUTO-OWNERS I:ISURATdCF: COMPANy'AT LANSING, MIC'fIIGAN, has caused these presents to he signed and 1st July 2008 its corporate seal to be affixed by its authorized fficer this dayof Attest S.R. Birn, Secretary STATE OF MICHIGAN t ss. COUNTY OF EATON j J. F. Harrold, President On this 1St day of JU1y 2008 ,before me a notary public, came the individ known. who executed the preceding instrument and being by me duly sworn, said t~'iat he is the therein described and authorized o ec OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN: that the seal affixed to said instrumnt is tFe co;t,orate sear of sal said corporate seal and his signature were duly affixed by the authority and direction of the said C'orl~oration. IN WITNESS WHEREOF, I have hereunto set my hand. and affixed my official seal at the City of 1.,ansing, the da} and year first above IN WI"CNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Company Mlchfgan, tl1E.S' 16th day of January 2009 «:~6 ',~. If the wards°'IJNAUTHOF~I~EL> COPY" appears on the face of this document, it renders this document null and void. ~a NEMITZ 18 NEMITZ 125 FIRST ST WEST • P. 3t 126 • CANBY, MN 56220 • T L 5~7-223-a2Q~ • i=AX 507-223-7151 • EMAlL nemitzin@frontiern~f.n~:~ February 5, 2009 City of Columbia Heights 590 40"' Ave NE Columbia Heights MN 55421-3878 Re: GTI, Inc. Performance Bon To Whom It May Concern: Please find enclosed the original performance bond for the GTI, Inc. contract. This bond is in the amount of $295,000. Feel free to contact our office with any questions or concerns that you may have regarding this. Sincerely, ,~ , ,~^' 1 Karen Fairchild Nemitz Agency, Inc. Enclosure