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THIS AGREEMENT, made this 24 day of April, 2001 between the
CITY OF COLUMBIA HEIGHTS, MINNESOTA
party of the first part, hereinafter called the "City" and referred to in the specifications as the "Owner"
and
Janice McGhee - Fetzer, 11109 Idaho Court, Champlin, MN 55316
party of the second part, hereinafter known as the "Contractor."
WITNESSETH: That the Contractor, for and in consideration of the payment or payments hereinafter
specified and by the City to be made at the time and in the manner as herein set forth, hereby covenants
and agrees to furnish materials, labor and equipment for the construction of and to construct
Summer 2001 "Heights Happenings" City newsletter
including all construction pertinent thereto in the location as shown on the plans, all in accordance with
the specifications and plans herewith as prepared by the City Engineer, City of Columbia Heights,
Minnesota, acting as and in these Contract Documents entitled the Engineer, for the price and
compensation set forth and specified in the Proposal signed by the Contractor and hereto attached and
made a part of this Agreement.
This Contract shall specifically apply to that certain Proposal submitted by the party of the second part
dated , and accepted by the party of the first part of , and also
referred to as Columbia Heights Project # n/a . The City agrees to pay the said Contractor in current
funds for the performance of the Contract on the basis of the unit prices as set forth in said Proposal and
to pay such sum at the time and in the following manner: $1,200.00 for Summer, 2001 Newsletter
In monthly installments as the work progresses based on Contractor's estimates to be approved
thus by the Engineer.
The Contractor also covenants and agrees that all said work and labor shall be done and performed in the
best and most workmanlike manner and that all such materials and labor shall be in strict and entire
conformity in every respect, with the said specifications and plans and shall be subject to the inspection
and approval of the Engineer or his duly authorized representatives, and in case any of said materials or
labor shall be rejected by said Engineer as defective or unsuitable, then the same materials all shall be
removed and replaced with other approved materials and labor shall be done anew to the satisfaction and
approval of said Engineer.
The Contractor further covenants and agrees that he will commence work within n/a Days after
receipt of an Order to Proceed, and will have same completed in every respect to the satisfaction and
approval of the Engineer aforesaid n/a Days after receipt of authorization to proceed with the
construction or installation of same as described in the specifications.
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It is understood and agreed that no claim for extra work done or materials furnished by the
Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any
work or furnish any materials not covered by the plans, specifications, and this Contract unless
such work is ordered in writing by the Engineer. In no event shall the Contractor incur any
liability by reason of any oral directions or instructions that may be given by said .Engineer or
authorized representatives, nor will the City be liable for any materials furnished or used, or for
any work or labor done, unless said materials, work or labor are required of said Contractor on
written order as .required above. Any •such work or materials which may be done or furnished
by the Contractor's own risk, cost, and expense, and he hereby covenants and agrees that without
such written order he shall make no claim for compensation for work or materials so done or
furnished.
In hiring of common or skilled labor for the performance of work under this Contract, the
Contractor, any subcontractor hereunder, material supplier, or vendor shall not, by reason of race,
creed, or color, discriminate against any person or persons who are citizens of the United States
who are qualified and available to perform the work to which such employment relates. The
Contractor, any subcontractor hereunder, material supplier, or vendor, shall not, in any manner,
discriminate against, or intimidate, or prevent the employment of any such person or persons, or
on being hired, prevent, or conspire to prevent, any such person or persons from the performance
of work under any contract on account of race, color, or creed. Any violation of this section
shall be a misdemeanor. This Contract may be cancelled or terminated by the City, and all money
due, or to become due hereunder, may be forfeited for a second or any subsequent violation of
the terms or conditions of this Contract. This paragraph is inserted in the Contract to comply
with the provision of Minnesota Statutes, Section 181.59.
The Contractor agrees to comply with the OSHA Compliance Form, incorporated by reference
herein as Exhibit A, during the life of this Contract. The Contractor also agrees to comply with
the Affirmative Action Compliance Form, incorporated by reference herein as Exhibit B, unless
otherwise specified.
The Contractor further agrees to take all precautions to protect the public against injury and to
save the City harmless from all damages and claims of damages that may arise by reason of any
negligence of the Contractor or the Contractor's agents or employees while engaged in the
performance of this Contract, and will indemnify the City against all claims, liens, expenses, and
claims for liens for work, tools, materials, machinery, or insurance premiums or equipment of
supplies and against all loss by reason of the failure of the Contractor in any respect to fully
perform all obligations of the Contract.
In case any questions or disputes arise between the parties hereto respecting any matter pertaining
to this Contract, or any part hereof, said questions or disputes shall be referred to the Engineer,
and his decision thereon shall be binding upon the parties hereto, provided said decision is in
writing and signed by him. If there is conflict between the specifications and this instrument, the
specifications shall govern.
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IN WITNESS WHEREOF: The said City of Columbia Heights, Minnesota, and said Janice
McGhee - Fetzer have hereunto set their hands and seals the day and year first above written.
IN PRESENCE OF: CITY OF COLUMBIA HEI TS, MINNESOTA
B I J X.'4:
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Ci anager
IN PRESENCE OF: CITY OF COLUMBIA HEIGHTS, MINNESOTA
By P elVt;U' c4 e -7-
Janice McGhee - Fetzer
11109 Idaho Court
Champlin, MN 55316