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Contract 2299
EJCDC 2299 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 RON KASSA CONSTRUCTION, INC. (CONTRACTOR). OWNER and CONTRACTOR, hereby 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, step or flatwork removals and repairs or installations at spat locations throughout the City. ARTICLE 2 -THE PROJECT 2.01 The Project far which the Work under the Contract Documents may be the whole or only apart is generally described as follows: ~- 201.0 MISCELLANEOUS CONC TE PAIRS AND INSTALLATIONS CITY PROJECT NO. 1000 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. 17 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before October 1, 201.0, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October 16.2010. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is ofthe essence as stated in Paragraph 4.01 above 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 dine specified in Paragraph 4.02 above 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 above far completion and readiness for final payment until the Work is completed and ready for final payment. In addition, 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 following milestones: July 1, 2010 for Phase 1 - Cit}wide, Lone 4 Seal Coat, and Private work • July 31, 2010 for Phase l -Zane 5 Seal Coat and Sidewalk work. AI2TICI.E 5 - CON'TFLACT PIZICIE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR'S Bid, attached hereto as Exhibit A. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. 18 ARTICLE 6 -PAYMENT PROCEDURES 6.01 .Submittal and Processing of Payments A. CONTRACTOR shall. submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of 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, O ER, 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 14.02.8.5 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. 19 ARTICLE ~ -INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate stipulated in Minnesota Statute 161.322. 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 0#` 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 1.7nderground 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. 20 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. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 21 ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 17 to 24 ,inclusive). 2. Performance Bond (pages 1 to 2 ,inclusive). 3. Payment Bond (pages 1 to 2 ,inclusive). 4. Other Bonds (pages to ,inclusive). 5. General Conditions (pages 1 to 49 ,inclusive). 6. Supplementary Conditions (pages 00700-50 to 00700-58, inclusive). 7. Specifications as listed in the table of contents of the Proj ect Manual. 8. Drawings consisting of none. 9. Addenda (numbers 1 to 1 ,inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages 9 to 16 ,inclusive). 'c~. 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 00640-1 to 00640-1 ,inclusive). b. Work Change Directives, c. Change Order(s). 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. 22 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 unenfarceable 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 passible to expressing the intention of the stricken 1rovision. 10.05 Other Provisions (if a~~plicable). 23 fN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on ;~=1~a ~ _; Agreement). OWNER: ,~' W~l'ter Fehst,,~ily 1~Iar~ager Gary P~tefson, Mayor [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 dacuments authorizing execution afQWNER-CONTRACTOR. Agreement). Designated Representative: Name Title: Address: Phone: Facsimile: 2010 (which is the Effective Date of the CONTRACTOR: By: Title: Attest: Title: [CORPORATE SEAL] Address for giving notices: l-9~ ,~ e s, ~~ Lpcense No. (Where applicable} Agent far service of process: (If CON"TRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: ,r.;s~ ~, ~~~ ~4 `` Phone: .~~ .~ f .~~. Facsimile: ~C_ 24 PER~O Ald1CE BO Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address} Ron Kassa Construction, Inc. 6005-250th Street East Elko, MN 55020 OWNER (Name and Address}: City of Columbia Heights 637-38th Avenue NE Columbia Heights, MN 55421-3806 CONTRACT Effective Date of Agreement: May Amount: $66, 803.25 Description (Name and Location}: SURETY (Name, and Address of Principal Place of Business}: 25, 2010 Old Republic Surety Company P.O. Box 1976 Des Moines, IA 50306 City of Columbia Heights, MN Miscellaneous Concrete Repairs and Installations BOND Bond Number: RLI 633544 Date (Not earlier than Effective Date of June I , 2010 Agi°eement}: Amount: $66, 803.25 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Ran Kassa Construction, Inc. _ (Seal} Contractor's N e and Corporate Seal »/ By: - gnature Title Witness Title Note: Provide execution by additional parties, such as joint venturers, if necessary. SURETY Old Republic Surety any- ~ (Seal} Attorney-In-Fact . e Attest: Signa e EJCDC C-610 Perfarmance Bond Prepared by the Engineers Joint Contract Docnments Committee. Page i of i Contractor and Surety, jointly and severally, hind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have na obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Band shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 1 S days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declaze a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declazed earlier than 2d days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: I . Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; ar 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared far executior, by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed b}~ a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; ar 3.4 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 Owner and, as soap as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny habiliry in whore or in part and nattfy Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 1 S days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: S.l The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and S.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance ornon-performance of Contractor. 6. Surety shall not be Liable to Owner or others for obligations of Contractor that aze unrelated to the 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 Owner or its heirs; executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract ar to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Band may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by taw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. q. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been famished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Def!nltlans. 11.1 Balance of the Contract Price: `fhe total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract The agreement between Owner and Contractor identified on the signature page, including atl Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner,. which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY - (Name,l4ddress and Telephone) Northern Capital Insurance Surety Agency or Broker: P. 0. Box 9396 Owner's Representative (Engineer or other party): M; nnea~l_G, MN 55440-9396 Telephone 952-996-8829 EJCDC C-610 Performance Bond Prepared by the Engineers Saint Contract -acuments Committee. Page 2 of 2 PA E7C BO Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. COIr1rhRACTOR (Name and Address}: SI_TRETY (Name, and Address of Principal Place of Ron Kassa Construction, Inc. Business}: Old Republic Surety Gompany 6005-259th Street East p.0. Box 1976 Elko, MN 55020 Des Moines, IA 50306 OWN]~R (Name and Address): City of_Golumbia Heights 637-38th Avenue NE, Columbia Heights, MN 55421-3806 CONTRACT Effective Date of Agreement: May 25 , 2010 Amount: $66,803.25 Description (Name and Location): Gity of Columbia Heights, MN Miscellaneous Concrete Repairs and Installations BOND Bond Number: RLI 633544 Date (Not earlier than Effective Date of sane 1, 2010 Agreement}: Amount: $66, 803.25 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the ternls set forth belotiv, do each cause this Payment Band to be duly executed by an authorized officer, agent, or representative. C4NT~tACT0~2 AS PI~NCIPAL Title SURETY Nate: P~°ovide execution by additional parties, such as joint venturers, if necessary. {MW001504;1} E3CDC C-625(A} Payment Eond March 2068 Prepared by the Engineers 3oint Contract I3oca~ments Committee. Page 1 of 2 Contractor and Surety; jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment famished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 1. With respect to Owner, this obligation shall be null and void if Contractor: 1.1 Promptly makes payment, directly or indirectly, for ail sums due Claimants, and 1.2 Defends, indemnifies, and holds harmless Owner from al] claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contracf, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12} of any claims, demands, liens, or suits and tendered defense of such claims, demands, Liens, or suits to Contractor and Surety, and provided there is no Owner Default. 2. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 3. Surety shall have no obligation to Claimants under this Bond until: 3.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph IZ) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 3.2 Claimants who do not have a direct contract with Contractor: Have famished written notice to Cantractor and sent a copy, or notice thereof, to Owner, within 9U 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 or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 3U days of furnishing the above notice any communication from Contractor by which Cantractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 3U days, have sent a written notice to Surety (at the address described in Pazagraph I2} and sent a copy, or notice thereof; to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 4. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 5. Reserved. b. 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 gaol faith by Surety 7. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 8. Surety shall not be liable to Owner, Claimants; or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices an behalf of, or otherwise have obligations to Claimants under this Bond. 9. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 1 U. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1} on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2} on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1} or (2) first occurs. If the provisions of this paragraph are void or prohibited bylaw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 31. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address spawn on the signature page. 12. When this Bond has been famished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The Intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 13. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14'. Definitions 14.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to famish tabor, materials, or equipment for use in the performance of the Contract. The intent of this Band shall be to include without limitation in the terms "lobar, materials or equipment" that part of water; gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in tl;e Contract, architectural and engineering services required for performance of the Work of Contractor and 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 famished. I4.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 143 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY - (_Name, Address, and Telephone) Northern Capital Insurance Surety Agency or Broker: P.O. Box 9396 Owner's Representative (Engineer or other): Minneapolis, MN 55440-9396 Te ep one 5 - - [M~r'001504;1} EJCDC C-615(A) Payment Band March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 P ACKNOWLEDGMENT OF PRINCIPAL (Individual) STATE OF_ COUNTY OF. t s s. da of , in the year ,before me On this Y personally come(sl to me known and known to me to be the person(s1 who (is) (are) described in and who executed the foregoing instrument and acknowledge(s) to me that he executed the same. NOTARY PUBLIC ACKNOWLEDGMENT OF PRWCIPAL (Partnership) STATE OF ~ ss.: COUNTY OF day of , in the year ,before me On this , personally come(sl 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 far the act and deed of the said co-partnership, NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF ®W l ss.: COUNTY O F ~ p ---- ' =~~`v da of .~~ ~ , in the year ,before me On this ~_~ Y personally camels}___-____-~ to me known, who, b ~ng by duly worn, deposes and says that he rues in the, City of ~../ ~ ~, .W, of the `_ ° ' -; that he is the the corporation described in and which executed the foregoing instrument; 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. ~, `, a,. NOTARY P BUIC ACKNOWLEDGMENT OF SURETY ,~~ SSA "' hIC9T~~dY P!lBLIC STATE OF Minnesota ~ ss.: ~ ~ -' 9~iiE~~6@S~TA Hennepin ~„~„,,."~y saran Ja~.at, rg COUNTY OF r in the year ~ before me On this day of personally come(s) John G. Hogberg Attorney(s)-in-Fact of Old Republic Surety Company with whom I am personally acquainted, Pl outh, MN and who, being by me duly sworn, says that he reside(s) in ~ ,the that he is (are) the Attorney(s)-in-Fact of Old Republic Suret Com an 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 ' was affixed by order like oederard of Directors of said Company, and that he signed said instrument as Attorney(s)iin-F ,c of he said C~C~ ,Y ' _ A.. NICOLE C. VACEK F.9 713 - ale i -. MOY COMM15StONIEXPIfl S 01/3S01A +~< __ f ~~`5~v~ "'"~ '¢. v€"i {_J~ h..r -~'`~. ,.,t ~`If?-'r~{" ~ `[,@sr,=_s"'Skt15~riC~ ;11Si._1i C#r?rv Fk 4~'€Ji ~'oYc,iC€;C i. !\fV~V~ ~~{- Sit@_i~`€ C.n ~`~.~.....t... Tv. .ca: ~~`'~.° _iV ...r J~~'.._ ~ w, r~~ s C`'+f C"~oe.5 (11~~e; ';~C}siciltute a?"sr~ it~;7.^.;Y"'€=~. JUDY L. JORISSEN, JOHN G. HAGBERG, DAWN M. REICHEL, ANN F. WOLFGANG, G. REYNOLDS FISHER, PATRICK I. MCGOVERN, OF MINNEAPOLIS, MN { :_ ..,: ' ,_: >r „ ,r-. i'(;°'l. ... r,! Vif r'.,<,i ;;, !r ~~, ,r( I.,/: .1 iC1. ~i' ;'!!~'+I,r ~,t' .-Yrs. ,U?t: ~:, .- ...,li .,. Its .rue «r ~r ;~. J ^ i - ;;,':. , .r: .. _ .. ; ,' , . ~ -, _, - , z;; , , , , , ; , ,,, , ,, -... .; r, , ~ ~ '~. ' , , ^^1 :I". -:F- ,~c,~~, - - - _tr' !' : IP ii : - ~: ' r~;'1 : ~ ,.r i ~ it-, TI - i!''"-'~ ~ i ~- rv,~ctf`,r'...,.,._.,_ .'"i'-~.., _ `f~-~: ... it _. ~._.. ~_.._:- -~__'_ii~: _.- ._. i. __, -~,-. ,'{i%F~' ~, i[_~, _, `ib ,. ,. 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M..,.~.,':. ...»., _.,,.._.. a.F: _ .h ,,a~ 1 ® ~~R~ CERTIFICATE OF LIABILITY INSURANCE OP ID NV DATE (MMIDD/YYYYj RONKA-1 06/02 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Terri Reinhardt ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Northern Capital Insurance Gp HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O. Box 9396 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Minneapolis MN 55440-9396 Phone: 952-996-8818 Fax:952-829-0482 INSURERS AFFORDING COVERAGE NAIC# INSURED I INSURERA: ACUITY 14184 INSURER B: The Builders Group Inc. i Ron Kassa Construction INSURERC: ____ __ _ __ , 6005 250th East 0 2 0 lk __ ______ INS~D: --- -- --- - E o MN 5 5 - i INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT W ITH RESPECT TO W RICH 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. TN LTR OI3' NSR TYPE OF INSURANCE ~ POLICY NUMBER POLICY EFFE TIVE DATE MMIDDIYYYY POLICY EXPIRATION DATE MMIDD/YYYY LIMITS GENERAL LIABILITY ~I EACH OCCURRENCE $ 1, O O O , O O O A ( X COMMERCIAL GENERALLLaBIUTY L96981 01/01/10 01/01/11 j PRE'~~OAMS 50(Eaoccurence) 1 0 0, 000 $ -- - CLAIMS MADE ~ OCCUR MED EXP (Any one person) . . _ __ $ 5 , 0 0 0 PERSONAL&ADVINJURY $ 1, 000, 000 ---- - _ jGENERAL AGGREGATE ~ $ 2, 0 0 0, O O O GEN L AGGREGATE LIMIT APPLIES PER: ~ I PRODUCTS COMP/OP AGG ' $ 2 , O O 0 , O ® 0 POLICY E ~ LOC I AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ~' ~ Q Q Q~ Q Q Q A X l -- ANYAUTO L96981 ~ Ol/Ol/10 I i 01/01/11 (Ea accident) , J _ __- -- _ II ALL OW NED AUTOS I , BODILY INJURY i $ SCHEDULED AUTOS ~ e , I (Per p (Per erson} X HIRED AUTOS j ~ ~ BODtL~Y INJURY $ I X T I NON-OWNED AUTOS i (Per accident) --______ -----__. PROPERTY DAMAGE $ i ~ ~ i (Per accident) j GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT f $ i ANY AUTO I I ---- -_ EA ACC OTHER THAN $ __ j -_.. ____. AUTO ONLY AGG $ i EXCESS !UMBRELLA LIABILITY I EACH OCCURRENCE $~, 0 0 0, O 0 0 I A i _ ~ OCCUR ~ CLAIMSMADE I L96981 j 01/01/10 01/01/11 _._.. -- I AGGREGATE i -- -- $ 3, 000, 000 ! i __ .- --- $ i ~ DEDUCTIBLE ~ ~ _ - t j - -- ----- $ _ RETENTION $ 0 ( ~ { _ _ ~ $ WOR AND ------_ KERS COMPENSATION EMPLOYERS' LIABILITY I A - i ~ X TORY LIMITS ~ I ER _._ L _.- $ I ANY PROPRIETOR/PARTNER/EXECUTIV YINI i OFFICER/MEMBER EXCLUDED? 06_0440 i 01/01/10 ' ~ 01/01/11 I ' EL EACH ACCIDENT i $ SOO, OOO ~ - _ - - ---"_---- I (Mandatory in NHj ( ~ j E.L. DISEASE - EA EMPLOYEES $ 5 (} 0 , 0 ® 0 If yes, describe under SPECIAL PROVISIONS below ( r - - _- E.L. DISEASE -POLICY LIMIT $ 5 0 0 , 0 0 0 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Columbia Heights is named as an additional insured as *_heir interes*_ may appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYCOL 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 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Columbia Heights 590 N.E. 40th Avenue Columbia Heights MN 55421 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Terras Reinhardt ~~ ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The AGORD name and logo are registered marks of ACORD 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 endorsement(s). 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 This Certificate of Insurance daes not constitute a contract between the issuing insurers}, 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 (2009/01) 2Zr ADDENDUM NO. 1 Plans and Specifications For: 2010 Improvement Projects Miscellaneous Concrete Repairs and Installations Columbia Heights Project No. 1000 Dated: May 14, 2010 1. BID FORM The enclosed bid form (yellow) shall be inserted in the bid documents and used for submitting a bid to the City of Columbia Heights at the opening on Wednesday, May 19, 2010 at 2:00 p.m. A separate quantity for removal and construction of the concrete crosswalk strip has been added. 2. DIVISION 1— GENERAL REQUIREMENTS SCOPE OF WORK The Contractor shall coordinate 2" depth mill and overlay the bituminous surface on Central Avenue (TH 65) at the intersection with 40 Avenue (CSAH 2) with Zone 5 Street Rehabilitation Contractor, City Project No. 1002. Approximately 10' of the northbound lanes south of 40 Avenue and 10' of the southbound lanes north of 40 Avenue will be milled and overlaid. 3. DIVISION II — CONCRETE WORK 14. SPECIAL PROVISIONS 2. MATERIALS EPDXY BONDING AGENT: Epoxy bonding agent shall be on the list of Mn/DOT approved materials and designed for the proposed construction. Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen, P.E. City Engineer 763 - 706 -3705 763 - 706- 3701(fax) Attachments: Revised Bid Form (Yellow), page 12 Crosswalk Plan and Detail, 2 pages Page 1 of 1 Contractor's Business Name: Ail / 45c4 t Co -/571eU Address: ego ,2 1 24 c -' 5 .5 — � a_ Phone No: q i -� (/ 3 ' 71 Fax No: ?7/ e I I BID FORM PROJECT IDENTIFICATION: CITY PROJECT NO. 1000 2010 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS BIDS TO BE OPENED: 2:00 P.M. - WEDNESDAY, MAY 19, 2010 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 38 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. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: 9 .. C (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number 1 '1 (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents,Work, site, locality, and all local conditions and laws and regulations 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 of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown 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 (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. (i) Any other representation as required by Laws and Regulations. 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICES: (See attached Page 12) Quantities are indicated for the convenience of the Bidder. Although no step or truncated dome quantities are anticipated at this time, line items are provided to obtain a unit price for Phase 2. Final payment will be based on actual quantities. 11 CITY OF COLUMBIA HEIGHTS "2010 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS" UNIT NO. ITEM UNIT QUAN. PRICE AMOUNT A P - 1. Remove curb and gutter L.F. 1,831 $ t / $ / gt �9 2. Construct concrete curb and gutter L.F. 1,831 $ ) $ 3r 7 3 3. Remove street /alley S.F. 275 $ / $ S 4. Construct 8" concrete street /alley S.F. 275 $ 3 $ o 7C 5. Remove crosswalk strip S.F. 189 $ ) $ 9 116 6. Construct 4" concrete crosswalk strip S.F. 283 $ $ 4'0 Lid 7. Remove driveway /apron S.F. 519 $ / $ 3,30 g 8. Construct 6" concrete driveway /apron S.F. 519 $ 3 7e' $ G 3�° a 3° 9. Remove sidewalk S.F. 2,296 $ / �D $ r �� 10. Construct 4" concrete sidewalk S.F. 2,296 $ 3° 7 16 11. Construct 6" reinforced concrete sidewalk S.F. 50 $ $ C. 12. Construct colored concrete crosswalk S.F. 88 $ A $ a3‘ a cJa 13. Truncated dome panel S.F. 8 $ ALC $ r ,d . ' 14. Remove step S.F. 10 $ $ 0 15. Construct concrete step S.F. 10 $ 3 z ' ✓ $ 320 ` c' ci TOTAL BID S 544 V r a 4-- / ).-L4,9,,./k---, -2---s----/------_____ Total Bid Written In Words 12 5. BIDDER agrees that the Work will be completed as follows: • 2010 MISCELLANEOUS CONCRETE REPAIRS & INSTALLATIONS CITY PROJECT 1000 • All work listed in the Supplemental Information for Phase 1— Citywide, Zone 4 Seal Coat, and Private Request must be completed by July 1, 2010; and for Phase 1 — Zone 5 Seal Coat and Zone 5 Sidewalk must be completed by July 31, 2010. • The Contractor shall anticipate a second list of removals and concrete repairs or installations at various locations by August 27, 2010. This work shall be completed by October 1, 2010. These quantities are in addition to those listed in the Proposal. • Final inspection by October 22, 2010, 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 of Non - 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: / g , 2010. 13 If BIDDER is: AN INDIVIDUAL By (SEAL) (Individual's Name) Doing Business As Address: Telephone No: A PARTNERSHIP By (SEAL) (Firm Name) (General Partner) Business Address: Telephone No.: (Continued on next page.) 14 A CORPORATION By kArikUrit" CPACCM (SEAL) (Corporation Name) 1 7) / /4 (State of Incorporation) By `,1/ 4E-pit (Name of Person Authorized to Sign) i e cie,t_1 4_ (Title) ATTEST: (Secretary) Business Address: i& kaa Telephone No. I/0 7 / A JOINT VENTURE By (Name) (Address) By (Name) (Address) Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above. 15 STATE OF ,(j ""J COUNTY OF 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. frj BIDDER ia/11 JS1 O,,v U FIRM MAKING BIDS Subscribed and sworn to before me this g day of 2010. 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