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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:
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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:
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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.
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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.
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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.
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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.
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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);
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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.
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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).
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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:
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• 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):
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. . 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