HomeMy WebLinkAboutContract 2161EJCDC 2161
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE
THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS,
MINNESOTA OWNER) and ODESA II (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. "1'he Work is generally described as follows:
HUSET PARK SITE IMPR®VEMENT PROJECT
ARTICLF, 2 -THE PROJECT
2.01 The Project for which the Work under the Contract Documents maybe the whole or
only a part is generally described as follows:
CITY PROJECT
Project Scope: the work includes, but is not limited to general site earthwork,
concrete pavement, concrete play area curbs, draintile, and sod restoration.
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.
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 June 1'`, 2009, and
completed and ready for final payment in accordance with Paragraph 14.07 of the
General Conditions on or before .tune 1 ~`~', 2009.
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.
ARTICLE 6 -PAYMENT PROCEDURES
6.01 Submittal and Proc°essi~rg gf~Payments
A. CON TRACTOR 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 P~°ogress Payments; Retainage
2
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 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, OWNER shall pay an amount
sufficient to increase total payments to CONTRACTOR to 98% of the Work
completed, less such amounts as ENGINEER shall determine in accordance
with Paragraph 14.02.B.5 of the General Conditions and less 5% of
ENGINEER's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the
certificate of Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with
Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07.
ARTICLE 7 - INTF,RF,ST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions
shall bear interest at the rate of 6% per annum.
ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the
3
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 oI'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 ol~ 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 oI~ 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.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. CON'T'RACTOR 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
CON"TRACTOR.
4
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 9 -CONTRACT DOCUMENTS
9.01 Co~tenls
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 ofa cover sheet and numbered sheets as listed in
the Drawing Index on the Cover Sheet.
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.
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.
c. Change Orders}.
B. The documents listed in Paragraph 9.O1.A are attached to this Agreement
(except as expressly noted otherwise above).
5
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.
10.0? Assignment ~f 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 maybe 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 Sa~ccessors 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 Severabrlrty
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions (if applicable).
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 CON"TRACTOR or on their
behalf.
'I"his Agreement will be effective on t;~i , ?008 (which is the Effective Date of the
Agreement).
6
CONTR„A/~CTOR:
~.i~G gr~~C~ :~
[CORPORATE SEALJ
~.
,;
T~ile:_ ~~ _~; .'~ _
( l
Address for giving notices: _
r r•
Y & i~ ~ d ~.
Y• r..) w
(]f 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).
Designated Representative:
Name:
Title:---' t~'~; ~ -
Address: ~,, a ~~ ~` ' .
Phone: `~ _ ~ 3
Facsimile: c`ls~,_t~_ "~ `~
[CORPORATE SEAL]
Attest: ~~~,~ _ ~ ~r ~-~
Title: ~~~s,~
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:
Name: ~--`-1r~x.~ ~_,
Title: ~~ C~
Address: ~O ~ --- t~! ,,ot_.-~~~ ° ~ °~
(( -~---
w) ~~ ~, ~. C~..5 tai ~. ~ `~ ~ ~ _~ .
r
Phone: ~ ~~--~ - ,}-S ~ - i ~
Facsimile: ~.~ ~ ~ =~ 1- ~ ~
7
~C 6
CONSTRUCTION PERFORMANCE BOND
AnY sipgular reference to the Contractor Surety Owner or other part hall be considered plural where applicable.
CONTRACTOR (Name and Address}
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location}:
BOND
Date (Not earlier than Construction Contract Date):
Amount:
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company: s ~ (Corps Seal)
Signature: ~""`°~` / ~_~'
Name and Title:
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal}
Signature ~~~~ ~~ ~v„ ~~~-.
Name and Title:' ,~ _ ~ ~~~
Y
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
EJCDC No. 1910-28A (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.
28
1 fhe Contractor and the Surety, 3ointly and severely, binds themselves, their
hers, executors, administrators, successors and assigns to the Owner for the
performance of the Construction 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 provrded in Subparagraph 3 1.
3 if there is no Owner Default, the Surety's obligation under this Bond shall arise
alter
3 1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below, that the Owner is considering declaring
a Contractor Default and itas 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 the
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 not be declared earlier than twenty days after the Contractor and the
Surety have received notice as provided in Subparagraph 3.1; and
3.3 T'he 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.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall
promptly and at the Surety's expense take one of the fallowing 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 fora 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 b 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
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
determined, tender payment therefore to the Owner, or
2. Deny liability in whole or in Dori and notify the Owner, or
5. If the Surety does no[ proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifreen days
after receipt of an additional and 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 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
Construction Contract, and if the Surety elects to act under 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 tor:
6.1 The responsibilities of the 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
or non-performance of the Contractor.
7. "fhe Surety shall not be liable to the Owner or others fur obligallons of the
Contractor that are unrelated to the Construction Contract, and the Balance of
the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any
person or entity other than the Owner or its heirs, executors, administrators, or
successors.
8. The Surety hereby waives notice of any change, including changes of time, to
the Construction Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted m any
court of competent jurisdiction in the location in which the work or pan of the
work is located and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or tails to perform its obligations under this
Bond, whichever occurs first. if the provisions of this Paragraph are void ur
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 the Surety, the Owner or the Contractor shall be mailed ar delivered
to the address shown on the signature page.
11. When this Bond has been famished to comply with a statutory or 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 constmed as a statutory bond and not as
common law bond.
12. Definitions:
12.1 Balance of the Contract Price: The total amount payable by the Owner
to the Contractor under the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of
any amounts received or to be received by the Owner i^ settiemettt of
insurance or other claim s for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf
of the Contractor under the Contraction Contract.
12.2 Constntction 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.
12.4 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 terms
thereof.
(FOR INFORMATION ONLY-Name, Address, and Telephone) OWNERS REPRESENTATiVE(Architect, Engineer, or other party):
AGEN"T or BROKER:
29
coNSTxUCT~oN Pa~MENT soND
An~ingular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address)
OWNER (Name and Address):
CONSTRUCTION CONTRACT
BOND
Date:
Amount:
Description (Name and Location}:
SURETY (Name and Principal Place of Business):
Date (Not earlier than Construction Contract Date):
Amount:
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company: (Cor .Seal)
Signature: ` _ Cwf
Name and Title:
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
~,~ J
Signature: __ _,-~
Name and Title:
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
SURETY
Company: (Corp. Seal)
Signature:
Name and Title:
EJCDC No. 19]0-28B (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
30
1 The Contractor and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use m the
performance of Che Construction Contract, which is incorporated herein
by reference.
2 Wrth respect to the Owner, this obligation shall be null and void if the
Contractor
2 1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is for payment for labor, materials or equipment fumished
for use in the performance of the Construction Contract, provided the
Owner has promptly notified the Contractor and the Surety (at the
address described to Paragraph 12} of any claims, demands, liens or
suits and tendered defense of such claims, 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
Contracrors promptly makes payment, directly or indirectly, for all 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 Che
Contract have given notice to the Surety (at the address described in
Paragraph 12) 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 do now have a direct contract with the Contractor
1. Flave furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 40 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. 1-lave either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by
which the Contractor has indicated the claim will be paid
directly or indirectly; and
3. Not having been paid wtthin 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 fumishing to
the Contractor.
5. If a notice required by Paragraph 4 is given by the Owner fo 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 tl7e Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy the Owner, within 45
days after 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
[he 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 shall be used for the performance of the Construction Contract
and to satisfy claims, if any, under any Construction Perfomrance Bond.
By the Contractor furnishing 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 obligations of the Contractor
and the Surety under this Bond, subject to the Owner's priority to use the
fitnds for [he completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contract that are unrelated to the Construction Contract.
The 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 Claunants under this Bond,
10 The Surety hereby waives notice of any change, including changes of time
to the Construction Contract or to related subcontracts, purchase orders
and other obligations.
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 work is located of afer the expiration of one year from the date
(I)on which the Claimant gave the notice required by Subparagraph 4.1
or Clause 4.2 (iii}, or (2) at which the last labor or service was performed
under [he Construction Contract, whichever of (1} 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 the Surety, the Owner or 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 [he signature page.
13. When this bond has been fumished 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 construed as a
statutory bond and not as a common law bond.
14. Upon requests by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
15. DEFINITIONS:
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. "I'he 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 Construction 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 fltrnished.
15.2 Consttuction 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'.
(FOR 1NF'ORMATION ONLY-Name, Address and Telephone} OWNERS REPRESF,NTATIVE (Architect, Engineer or other party}:
AGENT or BROKER:
31
Date: 12/912008 10:37 AM Sender`s Fax !D: 320-251-1957 Page 1 of 2
Z.B~#
AC®RD CER-TIFICT~ t~F LtABIL.ITY IiVSU ~ OPID $(;3 DATEfMPA1DDIYYYY}
.rArrso=l a21¢9I¢a
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SMA Insurance HOLDER. THIS CERTIFICATE DOES NOT RMEND, EXTEND OR
216 Park Ave South #1¢1 ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW.
St. Claud MEI 56301
Phone:32¢-251-3154 Fax:32¢-251-1857 INSURERSAFFORDtNGCOVERAGE NAIC#
INSURED INSUReRA. Selective insurance
IhdSLh:ER 6 P: cg: eosiv~ Casum2tp Ca~psmt
Odesa IZ LLC &
J1Rt ~7anson Canstructian
INSURERC
90¢3 Mayhew Lake R<i NE wsuRERD
Sauk Rapids Mi3 563?9
INSURER E
COVERAGES
THE POLICEES OF fNSURAtJCE LISTED 6ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IPdDICATED NOTWITHSTANDING
aN'i REQUIREMENT, 7ERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V'dITH RESPECT 1'O WHICH THIS CERTIFICATE MAY BE ISSI~cD OR
MAY PERTAIN, THE IPlSURAtJCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO P.LL THE TERMS, EXCLUSIONS AfJD CONDITtOPJS OF SUCH
PULiCIES, AGGREGATE LIMfTS SHObVN MAY HAVE BEEN REDUCED BY PAID CLHiMS.
LTR NSR TYPE OF INSURANCE POI-ICY NUPABER DATE (MMlDDlYY} DATE (MMJDDJYY} LiMfTS
GENERAL LiABILRY EACH OCCURRENCE $ 1 ¢ ¢ ¢ ¢ ¢ ¢
A X COMMERCIAL GENERAL LIABILITY 51805739 f
¢1/ ¢1~¢$ o1/o1Ia9 PREMISES {Ea ocourence} $ 1¢¢¢¢{)
CLAVMS MADE ~ OCCUR MED EXP {Arty one parson} $ ~,¢¢¢
X Blanket III CG72¢2 ¢7¢4 PERSONRL&ADVItd.JURY $ 1¢¢¢0¢¢
GENERAL AGGREGATE $ 30¢00¢^
GEN'LAGGREGATELIMITAPPLIESPER'. PRGDUCTS-COMPlOPAGG $ $¢¢¢¢¢¢
POLICY i{ PRO LOC
JECT
AUT OMOBILE LIABN.lTY
COMBWEDSINGLELiMtT $ 5¢¢¢¢¢
B A;JVAU~ro 066¢59730 09/23J¢8 ¢3/23/¢9 (Eaae°iderVt}
ALL OWNED.AUiOS
BODILY INJURY
SCHEGLiLED AUTOS
(Per person} $
X HIRED AUTOS
BODILY INJURY
$
1 a PJC"d-Ei`dVfdED Ai TOS ~ 1 1 (Per aceider4l
PROPERTY DAMAGE
_.
(Per accidenty $
GARAGE LIABlGTY AUTO ONLY - EA ACCIDEh1T $
ANY RtfTO 07HER THAN EA ACC $
-_.__...-.-
~ AUTO ONLY AGG $
EXCESS/UMBRELLA UABILiTI' EACH GCCURRENCE $ 5¢¢¢¢¢¢
A X OCCUR ^ CLAiMSMAtDE $1805739 ¢1J¢1~¢8 ¢1/01/¢9 AGGREGATE
-- $ 5¢0¢¢00
$
CiEDUCTf6LE ~ $
RETENTION $
WORKERS COMPENSATION AND
' s.~
TORY LVMITS ER
EMPLOYERS
LIABILITY
ANY PROPRIETORJPARTNERtEXEC'UTIVE
~{' TC` FOLLC'W
E.L. EACH A.CCIDENi
$
nFFICEAIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below
~
E.L. DISEASE -POLICY LIMIT
$
47HER
A Equipment Floater 51805739 01l¢1l¢7 ¢1l¢1/¢8 Limit $79,5¢¢
Deductibl $5¢0
DESCRIPTION OF OPERATIONS f LOCATN3NS J VEHICLES f EXCLUSIONS ADDED BY ENDORSEFAENT !SPECIAL PROVISIONS
GERTIFiGF.TE NflLpER CANCELLATION
ClrrZyC(~8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE (SSBiFh7G ENSURER VV1LL ENDEAVOR Ta MAfL 1¢ DAYS WRITTEN
:FOTSCE Ta THE CERTTFlCATE HOLDER ASAMED TO THE LEFT. BUT FAILURE TO DO SO SR°IALL
Cl. ty of Cal l.a Bel. Cf ht5 IMPOSE NO OBLIGATION OR LIABILTY OF ANY KIND UPON 7HE INSURER, RS AGENTS OR
59¢ 4¢th AVe. NE REPRESENTATIVES.
Columbia Hel.ght5 MST 55421 O EPRESENiAR6E
ra t '
CORPORATION 19$8
12-~8-2a~8 23c31 SDESR 11 32~12~~6241 PR(aE1