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HomeMy WebLinkAboutContract 1603 . ... • .„._. EJCDC X46 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR CIN THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CI 410F a rke.. MBI EIGHTS, MINNESOTA, (hereinafter•called OWNER) and ASS 2J • (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, 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, or flatwork removals and repairs or installations at spot locations throughout the City. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: • 2001 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS: CITY PROJECT NO. 0100 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 17 ARTICLE 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 October 5, 2001, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions. 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 an 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 9.08 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 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, 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 retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payment previously made; 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. 19 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 - INTEREST 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 following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done 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 applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 20 • 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. 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. ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages to inclusive); 2. Performance Bond (pages to inclusive); 3. Payment Bond (pages to inclusive); 4. Other Bonds (pages to inclusive); 5. General Conditions (pages to , inclusive); 6. Supplementary Conditions (pages to , inclusive); 7. Specifications as listed in the table of contents of the Project Manual; 8. Drawings consisting of none. 9. Addenda (numbers to , inclusive); 21 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages to , inclusive); b. CONTRACTOR's Bid (pages to , inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive); d. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.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 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General 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. 22 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding 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). 23 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 CONTRACTOR or on their behalf. This Agreement will be effective on aw , 2001 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: i /E/, t � /. - By: arjr_,,g� ' — Ci ty Mayor [CORPORATE SEAL HERE] [CORPORATE SEAL HERE] Attest Attest Address for giving notices: Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public License No. body, attach evidence of authority to sign and (Where applicable) resolution or other documents authorizing execution of OWNER - CONTRACTOR Agent for service of process: Agreement). (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representativ : ,, / Designated Representative: Nar}�e: / re - -mil / w/'4 /1/ Name: Title: - A-ihe 41 0g it )i r- /6)/ I Cy Tit (p Address: 3 7 °3f ii/e / (G Address: C N flt/ SSf/2/ Phone: 763/764-.3700 Phone: Facsimile: / 6 Oa- 3 7 f Facsimile: 24 • BOND NO. RCN - 533094 • Construction Performance Bond Any singular reference to the Contactor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): RON KASSA CONSTRUCTION, INC. OLD REPUBLIC SURETY COMPANY 6005 — 250TH AVENUE EAST P.O. BOX 1976 ELKO, MN 55020 DES MOINES, IA 50306 OWNER (Name and Address): CITY OF COLUMBIA HEIGHTS 637 — 38TH AVE. NE, COLUMBIA HEIGHTS, MN 55421 -3806 CONSTRUCTION CONTRACT Date: APRIL 23, 2001 Amount: $43,388.30 Description (Name and Location): 2001 MISCELLANEOUS CONCRETE REPAIRS & INSTALLATION CITY PROJECT NO. 2001 -00 BOND Date (Not earlier than Construction Contract Date): MAY 2 , 2001 Amount: $43,388.30 Modifications to this Bond Form: NONE CONTRACTOR AS PRINCIPAL SURETY OLD REPUBLIC SURE • . Company: Co • eal) Company: C • • . + - RON KASSA CO∎ R TI 0 ) 4 I NC. /7 Signature: ,,1 ' ! - Signature: 7. Name and Tit e: , \./ Name and Title/ OHN G. HAeRG ATTORNEY — IN — FACT CONTRACTOR AS PRINCIPAL SURETY • Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: 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. 25 1. The Contractor and the Surety, jointly and severally, bind themselves, 6. After the Owner has terminated the Contractor's right to complete the their heirs, executors, administrators, successors and assigns to the Owner Construction Contract, and if the Surety elects to act under for the performance of the Construction Contract, which is incorporated Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the herein by reference. Surety to the Owner shall not be greater than those of the Contractor 2. If the Contractor performs the Construction Contract, the Surety and the under the Construction Contract, and the responsibilities of the Owner , Contractor shall have no obligation under this Bond, except to participate to the Surety shall not be greater than those of the Owner under the in conferences as provided in Subparagraph 3.1. Construction Contract. To the limit of the amount of this Bond, but 3. If there is no Owner Default, the Surety's obligation under this Bond shall subject to commitment by the Owner of the Balance cif the Contract arise after: Price to mitigation of costs and damages on the Construction Contract, 3.1. The Owner has notified the Contractor and the Surety at its the Surety is obligated without duplication for: address described in Paragraph 10 below, that the Owner is 6.1 The responsibilities of the Contractor for correction for considering declaring a Contractor Default and has requested defective work and completion of the Construction and attempted to arrange a conference with the Contractor and Contract. the Surety to be held not later than fifteen days after receipt of 6.2 Additional legal, design professional and delay costs such notice to discuss methods of performing the Construction resulting form the actions or failure to act of the Surety Contract. If the Owner, the Contractor and the Surety agree, under Paragraph 4; and the Contractor shall be allowed a reasonable time to perform 6.3 Liquidated damages, or if no liquidated damages are the Construction Contract, but such an agreement shall not specified in the Construction Contract, actual damages waive the Owner's right, if any, subsequently to declare a caused by delayed performance or non - performance of the Contractor Default; and Contractor. 3.2. The Owner has declared a Contractor Default and formally 7. The Surety shall not be liable to the Owner or others for obligations of terminated the Contractor's right to complete the contract. the Contractor that are unrelated to the Construction Contract, and the Such Contractor Default shall not be declared earlier than Balance of the Contract Price shall not be reduced or set off on account twenty days after the Contractor and the Surety have received of any such unrelated obligations. No right of action shall accrue on notice as provided in Subparagraph 3.1; and this Bond to any person or entity other than the Owner or its heirs, 3.3. The Owner has agreed to pay the Balance of the Contract Price - executors, administrators, or successors. . to the Surety in accordance with the terms of the Construction 8. The Surety hereby waives notice of any change, including changes of Contract or to a contractor selected to perform the time, to the Construction Contract or to related subcontracts, purchase Construction Contract in accordance with the terms of the - - orders and other obligations. contract with the Owner. 9. Any proceeding, legal or equitable, under this Bond may be instituted 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety in any court of competent jurisdiction in the location in which the work shall promptly and at the Surety's expense take one of the following or part of the work is located and shall be instituted within two years actions: after Contractor Default or within two years after the Contractor ceased 4.1. Arrange for the Contractor, with consent of the Owner, to working or within two years after the Surety refuses or fails to perform perform and complete the Construction Contract; or its obligations under this Bond, whichever occurs first. If the 4.2. Undertake to perform and complete the Construction Contract provisions of this Paragraph are void or prohibited by law, the itself, through its agents or through independent contractors; minimum period of limitation available to sureties as a defense in the or jurisdiction of the suit shall be applicable. 4.3. Obtain bids or negotiated proposals for qualified contractors 10. Notice to the Surety, the Owner or the Contractor shall be mailed or acceptable to the Owner for a contract for performance and delivered to the address shown on the signature page. completion of the Construction Contract, arrange for a contract 11. When this Bond has been fumished to comply with a statutory or other to be prepared for execution by the Owner and the contractor legal requirement in the location where the construction was to be selected with the Owner's concurrence, to be secured with performed, any provision in this Bond conflicting with said statutory performance and payment bonds executed by a qualified surety or legal requirement shall be deemed deleted here from and provisions equivalent to the bonds issued on the Construction Contract, conforming to such statutory or other legal requirement shall be and pay to the Owner the amount of damages as described in deemed incorporated herein. The intent is that this Bond shall be Paragraph 6 in excess of the Balance of the Contract Price construed as a statutory bond and not as a common law bond. incurred by the Owner resulting from the Contractor's default; 12. Definitions: or 12.1 Balance of the Contact Price: The total amount payable by 4.4. Waive its right to perform and complete, arrange for the Owner to the Contractor under the Construction completion, or obtain a new contractor and with reasonable Contract after all proper adjustments have been made, promptness under the circumstances: including allowance to the Contractor of any amounts 1. After investigation, determine the amount for which it received or to be received by the Owner in settlement of may be liable to the Owner and, as soon as practicable insurance or other claims for damages to which the after to amount is determined, tender payment therefor Contractor is entitled, reduced by all valid and proper to the Owner, or payments made to or on behalf of the Contractor under the 2. Deny liability in whole or in part and notify the Construction Contract. Owner citing reasons therefor. 12.2. Construction Contract: The agreement between the Owner 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable and the Contractor identified on the signature page, promptness, the Surety shall be deemed to be in default on this Bond including all Contract Documents and changes thereto. fifteen day s after receipt of an additional and written notice from the 12.3. Contractor Default: Failure of the Contractor, which has Owner to the Surety demanding that the Surety perform its obligations neither been remedied nor waived, to perform or otherwise under this Bond, and the Owner shall be entitled to enforce any remedy to comply with the terms of the Construction Contract. available to the Owner. If the Surety proceeds as provided in 12.4. Owner Default: Failure of the Owner, which has neither . Subparagraph 4.4, and the Owner refuses the payment tendered or the been remedied nor waived, to pay the Contractor as Surety has denied liability, in whole or in part, without further notice the required by the Construction Contract or to perform and Owner shall be entitled to enforce any remedy available to the Owner. complete or comply with the other terms thereof. (FOR INFORMATION ONLY - Name, Address and Telephone) • . AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or other party): 26 BOND NO. RCN - 533094 Construction Payment Bond • • A Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): RON KASSA CONSTRUCTION, INC. OLD REPUBLIC SURETY COMPANY 6005 — 250TH AVENUE EAST P.O. BOX 1976 ELKO, MN 55020 DES MOINES, IA 50306 OWNER (Name and Address): CITY OF COLUMBIA HEIGHTS 637 — 38TH AVENUE NE, COLUMBIA HEIGHTS, MN 55421 -3806 CONSTRUCTION CONTRACT Date: APRIL 2\3 , 2001 Amount: $43,388.30 Description (Name and Location): 2001 MISCELLANEOUS CONCRETE REPAIRS & INSTALLATION CITY PROJECT NO. 2001 -00 BOND Date (Not earlier than Construction Contract Date): MAY 2 , 2001 Amount: $43, 388.30 Modifications to this Bond Form: NONE CONTRACTOR AS PRINCIPAL SURETY OLD REPUBLIC SURET C C. Company: (Co • . Seal) Company: a (Co :try e 1 ► RON KASSA CONS, CTI 1 INC. Signature: al id JA ' Signature: 7J 1 Name and Title I 7 . Name and Tit : JOHN G . HAGBERG / ATTORNEY —IN —FACT CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) • Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910 -28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. Reprinted 10/90 • 27 1. The Contractor and the Surety, jointly and severally, bind 8. Amounts owned by the Owner to the Contractor under the themselves, their heirs, executors, administrators, successors and Construction Contract shall be used for the performance of the assigns to the Owner to pay for labor, materials and equipment Construction Contract and to satisfy claims, if any, under any furnished for use in the performance of the Construction Contract, Construction Performance Bond. By the Contractor fumishing and which is incorporated herein by reference. the Owner accepting this Bond they agree that all funds eamed by • 2. With respect to the Owner, this obligation shall be null and void if the Contractor in the performance of the Construction Contract are the Contractor: dedicated to satisfy obligations of the Contractor and the Surety 2.1 Promptly makes payment, directly or indirectly, for all under this Bond, subject to the Owner's priority to use the funds for sums due Claimants, and the completion of the work. 2.2 Defends, indemnifies and holds harmless the Owner from 9. The Surety shall not be liable to the Owner, Claimants or others for claims, demands, liens or suits by any person or entity obligations of the Contract that are unrelated to the Construction whose claim, demand, lien or suit is for payment for labor, Contract. The Owner shall not be liable for payment of any costs or materials or equipment fumished for use in the performance expenses of any Claimant under this Bond, and shall have under this of the Construction Contract, provided the Owner has Bond no obligations to make payments to, give notices on behalf of, promptly notified the Contractor and the Surety (at the or otherwise have obligations to Claimants under this Bond. address described in Paragraph 12) of any claims, demands, 10. The Surety hereby waives notice of any change, including changes liens or suits and tendered defense of such claims, of time to the Construction Contract or to related subcontracts, demands, liens, or suits to the Contractor and the Surety, purchase orders and other obligations. and provided there is no Owner Default. 11. No suit or action shall be commenced by a Claimant under this Bond 3. With respect to Claimants, this obligation shall be null and void if other than in a court of competent jurisdiction in the location in the Contractor promptly makes payment, directly or indirectly, for which the work or part of work is located of after the expiration of all sums due. one year form the date (1) on which the Claimant gave the notice 4. The Surety shall have no obligation to Claimants under this Bond required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the until: last labor or service was performed under the Construction 4.1 Claimants who are employed by or have a direct contract Contract, whichever of (1) or (2) first occurs. If the provisions of with the Contract have given notice to the Surety (at the this paragraph are void or prohibited by law, the minimum period of address described in Paragraph 12) and sent a copy, or limitation available to sureties as a defense in the jurisdiction of the notice thereof, to the Owner stating that a claim is being suit shall be applicable. made under this Bond and, with substantial accuracy, the 12. Notice to the Surety, the Owner or the Contractor shall be mailed or amount of the claim. delivered to the address shown on the signature page. Actual receipt 4.2 Claimants who do no have a direct contract with the of notice by Surety, the Owner or the Contractor, however Contractor: accomplished, shall be sufficient compliance as of the date received 1. Have furnished written notice to the Contractor and at the address shown on the signature page. sent a copy, or notice thereof, to the Owner, within 90 13. When this Bond has been furnished to comply with a statutory or days after having last performed labor or last furnished other legal requirement in the location where the construction was materials or equipment included in the claim stating, to be performed, any provision in the Bond conflicting with said with substantial accuracy, the amount of the claim and statutory or legal requirement shall be deemed deleted herefrom and the name of the party to whom the materials were provisions conforming to such statutory or other legal requirement furnished or supplied or for whom the labor was done shall be deemed incorporated herein. The intent is that this Bond or performed; and shall be construed as a statutory bond and not as a common law 2. Have either received a rejection in whole or in part bond. form the Contractor, or not received within 30 days of 14. Upon requests by any person or entity appearing to be a potential furnishing the above notice any communication from beneficiary of this Bond, the Contractor shall promptly fumish a the Contractor by which the Contractor has indicated copy of this Bond or shall permit a copy to be made. the claim will be paid directly or indirectly; and 15. DEFINITIONS 3. Not having been paid within the above 30 days, have 15.1 Claimant: An individual or entity having a direct contract sent a written notice to the Surety (at the address with the Contractor or with a subcontractor of the described in Paragraph 12) and sent a copy, or notice Contractor to furnish labor, materials or equipment for use therefor, to the Owner, stating that a claim is being in the performance of the Contract. The intent of this Bond made under this Bond and enclosing a copy of the shall be to include without limitation in the terms, "labor, previous written notice fumished to the Contractor. materials or equipment" that part of water, gas, power, light, 5. If a notice required by Paragraph 4 is given by the Owner to the heat, oil, gasoline, telephone service or rental equipment Contractor or to the Surety, that is sufficient compliance. used in the Construction Contract, architectural and 6. When the Claimant has satisfied the conditions of Paragraph 4, the engineering services required for performance of the work Surety shall promptly and at the Surety's expense take the following of the Contractor and the Contractor's subcontractors, and actions: all other items for which a mechanic's lien may be asserted 6.1 Send an answer to the Claimant, with a copy the Owner, in the jurisdiction where the labor, materials or equipment within 45 days after receipt of the claim, stating the were fumished. amounts that are undisputed and that basis for challenging 15.2 Construction Contract: The agreement between the Owner any amounts that are disputed. and the Contractor identified on the signature page, 6.2 Pay or arrange for payment for any undisputed amounts. including all Contract Documents and changes thereto. 7. The Surety's total obligation shall not exceed the amount of this 15.3 Owner Default: Failure of the Owner, which has neither Bond, and the amount of this Bond shall be credited for any been remedied nor waived, to pay the Contractor or to payments made in good faith by the Surety. perform and complete or comply with the other terms thereof. • (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or other party): 28 . . ACKNOWLEDGMENTOF PRINCIPAL (Individual) STATE OF • COUNTY OF } ss.: . On this day of personally come(s) . i n the year __, before me . to me known and known to me to be the 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 PRINC (Partnership) STATE-OF ss.: . COUNTY OF On this day of • personally come(s) . in the year .before me a member of the co- partnership of - to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co- partnership . ., fk 4 wAssA .. !. � A NOTARY PUBLIC . • • u Iu istr AC NOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF PIA) COUNTY OF • 5 ss" NO day , in the year � On this before me personally come(s) c �" . o ��� to me known, who, being by duly sworn, deposes and says that he resid in the City of E L.KG - that he is the (/ of the °•'v /(l 1-- c i4 g cfc . V' - C 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. - . 4 NOTARY UBLIC ACKNOWLEDGMENT OF SURETY . STATE OF MINNESOTA • COUNTY OF HENNEPIN } " On this .. day of , in the year 6200 before me personally come(s) JOHN G .. HAGBERG Attomey(s) -in -Fact of OT,n REPUBLIC SURETY COMPANY with whom I am-personally acquainted, . and who, being by me duly sworn, says that he reside(s). in • EDEN PRAIRIE , MN . that he is (are) the Attomeyfs)4n-Fact of OLD REPUBLIC SURETY COMPANY , the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and • that the seal affixed .to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as Attomey(s)- in•Fact of the said Company by like order. . JANA M. MICHEAIJ � /, 1 E NOTARY PUBLIC - MINNESOTA f NOTA PUBLIC F.9713 - /81 ;4.i% HENNEPIN COUNTY My Comm. Expires ,Je , . 1. 2006 5 • ® /VVVYWVVWVWWo • • CHANGE ORDER NO 1 w Project 2001 Miscellaneous Concrete Repairs and Installations City Project 0100 Owner City of Columbia Heights Date of Issuance January 2, 2002 637 38 Avenue N E Columbia Heights, MN 55421 Contractor Ron Kassa Construction, Inc Engineer City Engineer 6005 250 Street East Elko, MN 55020 You are directed to make the following changes in the Contract Documents Descnption Change in ongmal contract pnce to compensate for additional work added to the contract by the City Purpose of Change Order The contract has been modified to include additional quantities for repairs due to water main breaks, street and alley repairs, and replacement of hazardous sidewalk CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Onginal Contract Price Original Contract Time $ 43,388 30 Previous Change Orders No to No _ Net Change from Previous Change Order None Contract Price Prior to this Change Order Contract Time Pnor to this Change Order $ 43,388 30 Net Increase of this Change Order Net Increase (Decrease) of Change Order $ 20,947 40 Contract Price with all Approved Change Orders Contract Time with Approved Change Orders $ 64,335 0 Recom e d-. Approve• I By 1> -e , ,v,,:u By a I r JL) C y J ngine ' on Kassa Con.truction, Inc Approve :y Approved By Date of Council Action ♦!_ iii - i1 �G� I - `r -r�Z i _ Gary Peters an, Mayor Walter Fehst, ity M.nager 1 4 Attachment to Change Order No 1 City Project 0100 Page of l of 1 Owner City of Columbia Heights Contractor Ron Kassa Construction, Inc Project 2001 Miscellaneous Concrete Repairs and Installations Descnption of Changes The Public Works Department requested these items be replaced Total Item No Item Descnption Unit Quantity Unit Pnce Estimated Price 1 Remove curb and gutter L F 133 $ 4 00 $ 532 00 2 Construct concrete curb and gutter L F 197 $ 15 00 $ 2,955 00 3 Remove street/alley S F 2,179 $ 1 50 $ 3,268 50 4 Construct 8" concrete street/alley S F 2,179 $ 3 80 $ 8,280 20 5 Remove driveway /apron S F 261 $ 1 50 $ 391 50 6 Construct 6" concrete dnveway /apron S F 261 $ 3 60 $ 939 60 7 Remove sidewalk S F 1,238 $ 1 00 $ 1,238 00 8 Construct 4" concrete sidewalk S F 1,238 $ 2 70 $ 3,342 60 TOTAL OF CHANGE ORDER NO 1 $20,947 40 CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMATE NO 4 - Final DATE January 2, 2002 PERIOD ENDING December 21, 2001 CONTRACT 2001 Miscellaneous Concrete Repairs and Installations PROJECT NO 0100 TO RON KASSA CONSTRUCTION, INC 6005 - 250th Street East Elko, MN 55020 (952) 461 -3715 A Original Contract Amount $43,388 30 B Total Addition $20,947 40 C Total Deduction $0 00 D TOTAL CONTRACT AMOUNT $64,335 70 E TOTAL VALUE OF WORK TO DATE $64,333 40 F LESS RETAINED (0 %) $0 00 G Previous Payment(s) ($55,046 09) H TOTAL APPROVED FOR PAYMENT THIS VOUCHER (FINAL) $9,287 31 I TOTAL PAYMENTS INCLUDING THIS VOUCHER $64,333 40 APPROVALS Pursuant to our field •bse :bons, I hereby recommend for payment the above stated amount for work •erf' t. rough December 19, 2001 f j Signed by V i1 _: K� i H s: , • ubli Works l erector Da e Signed by 12)1 RON ASSA CO STRUCTION, INC Date , CHANGE ORDER NO 1 Project 2001 Miscellaneous Concrete Repairs and Installations City Project 0100 Owner City of Columbia Heights Date of Issuance January 2, 2002 637 38 Avenue N E Columbia Heights, MN 55421 Contractor Ron Kassa Construction, Inc Engineer City Engineer 6005 250 Street East Elko, MN 55020 You are directed to make the following changes in the Contract Documents Descnption Change in onginal contract pnce to compensate for additional work added to the contract by the City Purpose of Change Order The contract has been modified to include additional quantities for repairs due to water main breaks, street and alley repairs, and replacement of hazardous sidewalk CHANGE IN CONTRACT PRICE CHANGE r', CONTRACT TIME Original Contract Pnce Onginal Contract Time $ 43,388 30 Previous Change Orders No _ to No _ Net Change from Previous Change Order None Contract Price Prior to this Change Order Contract Time Pnor to this Change Order $ 43,388 30 Net Increase of this Change Order Net Increase (Decrease) of Change Order $ 20,947 40 Contract Price with all Approved Change Orders Contract Time with Approved Change Orders $ 64,335 '0 Recom e d- a Approve By / '. AA i B y l `1 C y i nginez7 I1bn Kassa Con.tniction, Inc Approve, : y Approved _ Date of C tract Action 4e:0) A. 070.47St).---- Z ved BB Gary Petersen, Mayor Walter Fehst, City M. nager • Attachment to Change Order No 1 City Project 0100 Page of 1 of 1 Owner City of Columbia Heights Contractor Ron Kassa Construction, Inc Project 2001 Miscellaneous Concrete Repairs and Installations Description of Changes The Public `Yorks Depaitiiient requested these items be replaced Total Item No Item Descnption Unit Quantity Unit Pnce Estimated Price 1 Remove curb and gutter L F 133 $ 4 00 $ 532 00 2 Construct concrete curb and gutter L F 197 $ 15 00 $ 2,955 00 3 Remove street/alley S F 2,179 $ 1 50 $ 3,268 50 4 Construct 8" concrete street/alley S F 2,179 S 3 80 $ 8,280 20 5 Remove dnveway /apron S F 261 S 1 50 $ 391 50 6 Construct 6" concrete dnveway /apron S F 261 S 3 60 $ 939 60 7 Remove sidewalk S F 1,238 $ 1 00 $ 1,238 00 8 Construct 4" concrete sidewalk S F 1,238 S 2 70 $ 3,342 60 TOTAL OF CHANGE ORDER NO 1 $20,947 40