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Contract No. 2013 2495
T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S 2113 2406 AIA Document A101 Standard Form of Agreement Between Owner and Contractor ivbere the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPI ETION OR MODIFICAT 0,IV The 1987 Edition of A1A Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the . day�o/fr All �IIC4) �n in the year of 1r� Go u BETWEEN the Owner: (Name and address) and the Contractor: 6 e--� L16hl07,1 laic (,Name and address) Su The Project is: I Ll t1 (Name and l0Wd0n) :_ • The Architect is: ���t�i`�'tl.�i � �Z./�l�� � �l " • •�J ��� (Arame and address) The Owner and CWre�aM�rth below. 6+16 Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961; 1963, 1967, 1974, 1977, ©1987 by The American Institute of A rchi- tects, 1735 Now York Avenue,ALW.,W2shington,D.C.20006.Reproduction of the material herein or substantiai quotation Of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT- T%VELFTH EDITION-AI.A° - ©1987 THE AIv1ERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.AK,WASHINGTON,D.C.20006 A101-1987 1 WARNfNG:Unlicensed photocopying violates U.S.copyright laws and is subject to legal proSeoutiorl. ARTICLE 9 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others,or as follows! ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.9 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (insert the date of commencement, if it differs from!be date of this Agreemew or,if applicable,state rbat the dale will be fixed in a nolice lop rucrad.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirementsforearlier Substa7wal Completion ofcer- tain portions of the lVork, if not stated elsewhere in the Contract Docuutents.) 673 ? ' -7 J 13 subject to adjustments of this Contract Time as provided in the Contract Documents. (hlsert provisions. if any,for liquidated damage,relating to failure to complete on lithe.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT•TWELFTH EDITION•AIA° • 01987 THE ASiERICAN INSTITUTE OFARCHITECrS,1735 NEW YORK AVFNUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Ow r shall pay the C.ntra Ivor in currenk Cuncis for the Conyactor's performance of the Contract the Contract Sum of Z t�- ��a��Gr�C ' ollars (S 10 1)0&C.. ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (state the numbers or other identification of accepted alternates.!f decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of sucb other alternates showing the amount for each and the date until wb.ch that amount is valid.) 4.3 Unit prices, if any, are as follows: AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMbNT• TWELFTH EDITION• AIAe • ©1987 THE AhIERIC4N INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,NASHINGTON,D,C.20W6 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.,lWi,all, ri�iiv'lIR: rte. 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the owner shall make payment to he Contractor not later than the ff day of the ! !ei M 0month.If an Application for P ment.•received by the Architect a er the application date fixed above,payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5A Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents,the amount of each progress payment shall be computed as follows; 5.6,1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion, he Work by the share of the total Contract Sum allocated to that portion of The Work in the schedule of values,Iess retainage of S& percent ( %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute maybe included as provided in Subparagraph 73.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent( %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circulnstances: 5.7.1 Add, upon Substantial Completion of the Work,a sum sufficient to increase the total payments to koeY ' � percent( %)of th Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: tlf it is intended,prior-to Subsaindal conrpietion of the enure Work,to reduce or!Unit the retainage resulting from the percentages inserted in Subparct- grapbs 5.6.1 curd 5.6.2 abvre,cord tbis is not explained elseu here in the Contract Docu»tents:insert bore provisions for such reduction or limitation.) AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT-TWELFTH EDITION-ALA!-' - ©1987 THE AhIERICAPI INSTITUTE OF ARCHITECTS,1735 NEW YORKAVENUE.N.W.,WA5HINGTON,D,C.20006 Al®1-1937 4 WARNING:Unlicensed photocopying vloiate5 U.S.copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL P-ViVIENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(l) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any,which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon,if any.) Ere- 64 j tiro � `�► i 1�r!. C t ��' (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer crertil lau s and other regulations at the ounrer's and Contractor's principal places of business,the location of the Project and elseuftre Wray affect the validity of this provision.legal advice sbould be obtained with respect to deletions or modifications,and also regarding requirements such as written disclostlres or waivers.) 7.3 Other provisions: (zt ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions, 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT•TWELFTH EDITION s AIA`9 • 01487 THE AMERICAN INSTITUTE OF ARCHITECT5,173:NEVV YORK AVENUE,N.W.,WASHINGTON.D.C.20006 Al of-1987 5 WARNING:Unlicensed Photocopying violates U.S.copyright taws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,ALA Document A101,1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Sup lementary and other Conditions of the Contract are those contained in the Project Manual dated l et!,I Vi A r.- ,2 , and are as follows: Document i Title Pages I 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as Follows: (Either list the Specifications here or refer to an exhibit attached to Ibis Agreement,) Section jTitle Pages/ 7 R6�!!! iiii L AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIAa • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 6 WARNING:Unlicensed photocopying violates U.S,copyright laws and is subject to legal prosecution. 9.1.5 The Drawings are as follows,and are dated unless a different date is shown below: (Eitber list tlse Drawings here or refer to an exbibit attaded to this Agreement.) Number 'Title Date TM (oc of<41 `c` ' a ] C) -;?-C)0 a f .'\J 9.1.6 The addenda, if any, areas follows: Number Date pages ps j Portions of Addenda relating to bidding requirements are rlat part of the COMM Documents unless the bidding requirements are also enumerated in INS Article 9. AIA DOCUMENT Al 01 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIAG • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1795 NEW PORK AVENUE,NAV.,"VASHINGTON,D.C.20006 A101-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright Paws and is subject to legal prosecution. 9.1.7 Other documents,if any, forming part of the Contract Documents are as follows: (List here any additional documents mbicb are intended to form part of the Contract Documents.The General Conditions provide that bidding requirementssucb as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this.48reement. They should be listed here only if intended to be part of the Contract Documents;) \014�4111clilt -6y bid , C"(Jt4 ly4"L- 0 5 ( 1;21' t s5 e{16 This Agreement is entered into as Of the day and year first written above and is executed in at least three original copies of-which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. It OWNER� CONTRACTOR (Signalzr�� (Signatzrre. - =� r V L_ -F r-cSn; Main r / �°%r°C��l s ji: 1 (Punted name and title) (Printed name and title) _Walter R. Fehst, City Manager _ AtA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION'-AIAO • 0I987 THE AMERICAN INSTITUTE OFARCHITECTS,1735 NEW YORK AVENUE,NV.,WASHINGTOPI,D.C.20006 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subjectto legal prosecution. it PROJECT MANUAL TABLE OF CONTENTS Table of Contents Index of Drawings Contract Modifications(Addenda andlor Change Orders to be inserted as issued) DIVISION A BIDDING INSTRUCTIONS AND FORMS Section A-01 Form of Proposal Section A-02 Advertisement for Bids Section A-03 Instructions to Bidders DIVISION B CONTRACT FORMS Section B-01 Form of Agreement DIVISION O CONDITIONS OF THE CONTRACT Section 0-01 General Conditions Section 0-02 Supplementary Conditions DIVISION 1 GENERAL REQUIREMENTS Section 1-01 Special Conditions Section 1-02 Allowances in Project Scope Section 1-04 Construction Operations Schedule Section 1-07 Abbreviations and Symbols Section 1-10 Summary of the Work Section 1-11 Demolition DIVISION 2 SITEWORK Section 02111 Selective Demolition DIVISION 3 CONCRETE (This would be for repair of damage done by the contractor only) Section 03100 Concrete f=ormwork Section 03200 Concrete Reinforcement Section 03300 Cast-In-Place Concrete Table of Contents DIVISION 5 METAL Section 05100 Structural Steel Section 05125 Steel Erection DIVISION 9 FINISHES Section 09900 Painting DIVISION 15 MECHANICAL (removal and reinstallation) See description of Work Scope in project manual DIVISION 16 ELECTRICAL removal and reinstallation) See description of Work Scope in project manual Table of Contents DIVISION A - BIDDING INSTRUCTIONS AND FORMS A-01.000 FORM OF PROPOSAL I Date TO: OWNER: City of Columbia Heights FROM: Joffe CATES CONSTRUCTION INC. ' 2400 GATES RANCH DRIVE Firm Name HAMEL, MN 55340 f Address 763-478-8961 - OFFICE 8-5794 u FAX i Phone Number F 9"ff 00 W,oa"ia f---0"_M iI The undersigned, being familiar with the local conditions affecting the cost of the work and having carefully I examined the Contract Documents, including the Invitation for Bids, and all other bidding documents included under Division A - Bidding Instructions and Forms, Division B - Contract Forms, Division 0 - Conditions of the Contract, Division 1 - General Requirements, the Specifications, Drawings, and all Addenda, as prepared by Buetow 2 Architects,Inc., 2905 Dean Parkway, Suite A, Minneapolis, Minnesota, 55416 for the construction of: City of Columbia Heights Municipal Service Center(MSC) Floor Capacity Upgrade ' 637 38tt'Avenue N.E. Columbia Heights, MN. 55421 hereby proposes to furnish all labor, material, equipment, tools, transportation and services necessary to complete the work in accordance with the Contract Documents for the following amounts: BASE BID: For all construction work in connection with the subject projects, including general construction, civil, mechanical and electrical work, the amount bid is: QN'G �h4'f4ppmi_-- `*HoW-5A1/0 Collars($ �at.00c�o .140 Bid Security Accompanying this bid is the 5% bid security required by the Contract documents. The undersigned understands that the bid security is subject to forfeiture as liquidated damages in the event of failure by the undersigned to enter into a contract in accordance with the bid. A-01.000 Form of Proposal } i .150 Performance Bond If requested by the Owner, the Bidder shall furnish bonds covering the faithful performance of the contract and payment of all obligations arising thereunder.This cost will be paid for by the Owner. Do not include in the base bid any costs for obtaining a performance bond and payment bonds. I I •160 Bid Reiection: 1 The undersigned agrees that the Owner reserves the right, as its interest may require, to reject any and all bids, to waive any informality in bids received,and to accept or reject any or all items of any bid. I The award of the work, if made,will be to one contractor. The award, if made, is subject to the limitations of available funds and the Owner reserves the right to reduce the quantity of work to be accomplished under the contract to that dictated by the funds available. It is agreed that this bid may not be withdrawn for a period of 60 days after the opening of bids. i i .175 Completion: The undersigned agrees, if awarded the contract, to commence the work immediately after notification of award and to have all work substantially completed in conformance with the Construction Operations Schedule. Time of completion is of the essence for this contract. Contract is to be awarded the evening of February 25, 2013 at the Council Meeting. Project must be complete and ready for the Owner to use I the facility for its intended use on October 17, 2013. •180 Addenda: Addenda Nos. � were received and are acknowledged in this bid. i } •190 Type of Business: The undersigned does business as a ( ) Sole Owner ( ) Partnership Corporation, incorporated in the State of i'"111 ��- Firm Name Address ` ACA iES CONSTRUCTION INC. NCH.DRIVE H!NMEL, IVIN 55340 By 73p478-89f�1 - OFFICE 94 s FAX Title jeftiscatesco com - Email 1 A 01.4Q0 Form of Proposal INDEX TO DRAWINGS SI Upper:floor Framing Plan S2 Structural Notes and Details Ml 1973 Basement Mechanical Plan M4 2005 Basement Mechanical Plan E11973 Basement Electrical Plan E4 2005 Basement Electrical Plan Drawings Ml,M4,EI,E4 are Owner furnished to be used for removal and reinstallation UNITED FIRE Et CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Performance Bond Bond #54-193247 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business): J.S. Cates Construction,Inc. UNITED FIRE r* CASUALTY COMPANY 2400 Cates Ranch Drive, Suite 100 118 SECOND AVE SE This document has important legal Hamel,MN 55340 CEDAR RAPIDS, IA 52407 consequences. Consultation with an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. City of Columbia Heights 590 40th Ave.NE Any singular reference to Columbia Heights,MN 55421 Contractor, Surety, Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: March 12, 2013 AIA Document A312-2010 combines two separate bonds, a Performance bond and a Payment Bond, into one form. Amount: $101,000.00 This is not a single combined Performance and Payment Bond. Description: Municipal Service Center Floor Capacity Upgrades (Name and Location) Columbia Heights,Minnesota BOND Date: March 12, 2013 (Not earlier than Construction Contract Date) Amount: $101,000.00 Modifications to this Bond: ®None ❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: J.S. Cates Construc l n,Inc. (Corporate Seal) Company: UNITED FIR;r j LT1Y COMPANY (Corporate Seal) Signature: 7 Signature: Name and Title: Jeff Cates,President Name and Title: Stephen M.Klein,Attorney 'n- ac (Any additional signatures appear the last page of this Performance Bond) �..... IN dtky, 'NC' 3570 Lexington Arse= (FOR INFORMATION ONLY- Name, address and telephone) St, Paul, MN 55126 AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) 651-484-6461 Klein Agency,Inc 3570 N Lexington Ave,#206 St Paul,MN 55126 651-484-6461 The language in this document conforms exactly to the language in AIA Document A312-2010 edition CONT0526(072010) 1 S 1 The Contractor and Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's' right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner a for contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. The language in this document conforms exactly to the language in AIA Document A312-2010 edition CONT0526 (072010) 2 5 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for 1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and.delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. S 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. 5 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 5 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 5 11 Any proceeding, legal or equitable, under this Bond 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the 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 law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 5 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 5 14 Definitions 5 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 5 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 5 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 5 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. S 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 5 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The language in this document conforms exactly to the language in AIA Document A312-2010 edition CONT0526 (072010) 3 S 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea() Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address The language in this document conforms exactly to the language in AIA Document A312-2010 edition CONT0526 (072010) 4 un UNITED FIRE Ft CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Payment Bond CONTRACTOR: SURETY: (Name, iegal status and Address) (Name, legal status and principal place of business): J.S, Cates Construction,Inc. UNITED FIRE if CASUALTY COMPANY 2400 Cates Ranch Drive, Suite 100 118 Second Avenue SE This document has important legal Hamel,MN 55340 Cedar Rapids, IA 52407 consequences. Consultation with an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and Address) modification. City of Columbia Heights 590 40th Ave.NE Any singular reference to Columbia Heights,MN 55421 Contractor, Surety, Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: March 12, 2013 AIA Document A312-2010 combines two separate bonds, a Performance bond and a Amount: $101,000.00 Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Description: Municipal Service Center Floor Capacity Upgrades (Name and Location)Columbia Heights,Minnesota BOND Date: March 12,2013 (Not earlier than Construction Contract Date) Amount: $101,000.00 Modifications to this Bond: ®None See Section 16 CONTRACTOR AS PRINCIPAL ., SURETY Company: J13.Cates Construction,Inc. (Corporate Seal) Company: UNITED FIRE$ 'TY COMPANY (Corporate Seal) Signat�`r`re;..p... Signature: Name and Title: Jeff Cates,Pre dent-- Name and Title: Stephen M.klein,Attorney-in-Fact (Any additional signatures appear the last page of this Performance Bond) KLEIN AGENCY, 'F aqC' (FOR INFORMATION ONLY-Name, address and telephone) 3570 Lexington M6, AGENT or BROKER: OWNER'S REPRESENTATIVE: S� pain, MN 55126 (Architect, Engineer or other party:) 651-484-6461 Klein Agency,Inc 3570 N Lexington Ave,#206 St Paul,MN 55126 651-484-6461 The language in this document conforms exactly to the language in AIA Document A312-2010 edition CONT0526(072010) 5 S 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors ar.d assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. S 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. S 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. S 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. S 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: S 5.1 Claimants who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). S 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). S 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. S 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 5 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and S 7.2 Pay or arrange for payment of any undisputed amounts. S 7,3 The Surety's failure to discharge it obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2 the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. S 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. The language in this document conforms exactly to the language in AIA Document A312-2010 edition CONT0526(072010) 6 S 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. S 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. S 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, 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 Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. S 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. S 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. S 16 Definitions S 16.1 Claim. A written statement by the Claimant including at minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; 7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the Date of the Claim. S 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 516.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The language in this document conforms exactly to the language in AIA Document A312-2010 edition CONT0526(072010) 7 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. S 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 5 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address The language in this document conforms exactly to the language in AIA Document A312-2010 edition CONT0526 (072010) g INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT STATE OF COUNTY OF On this day of , before me personally appeared to me known to be the person described in and who executed the forgoing bond, and acknowledged that he executed the same as free act and deed. Notary Public CORPORATION ACKNOWLEDGEMENT STATE OF M ESOTA COUNTY OF It Zi') On this day of ` before me personally came C to me known, who being by me duly sworn, did depose and say; that he istbe P/ of 'j_ 1A , the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of aid c ation, and that he signed his name thereto by like order. CHRISTINE CICI-GATES Notary Public '+ i' NOTARY PUBLIC �A MINNESOTA s an.31,2015 SURETY ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF RAMSEY On this 12th day of March 2013 , before me appeared Stephen M. Klein to me personally known, who, being duly sworn, did say that he is the Attorney-In-Fact of United Fire & Casualty Company of Cedar Rapids, IA that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. Notary Public KARLA DDUI SCH HUNT NOTARY PUBLIC-MINNESOTA o� a ayMy Commission Expires Jan.31,2017 UNITED FIRE&CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint JOHN D. KLEIN, OR JOHN C. KLEIN, OR STEPHEN M. KLEIN, OR KRISTIN M. BAKOS, OR CLINT RODNINGEN, JR. , ALL INDIVIDUALLY of SAINT PAUL MN its true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows. Any and Al 1 Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE& CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. ,�a+' ! +n,,� IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by A`r . its vice president and its corporate seal to be hereto affixed this 31st day of May, 2011 `o' CORPORATE . _.�. UNITED FIRE &CASUALTY COMPANY vp 11giall" By I State of Iowa, County of Linn, ss: On 31st day of May, 2011, before me personally came Dennis J. Richmann Vice President to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE&CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A Jansen Iowa No,trial Seal /\_ ? `. Commission number 713273 7� My Commission Expires 10126113 Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ���III�t �trpt�i F In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company "p 0 this 12th day of March 20 1 _. 4 CORPORATE T 411N Iiu Secretary BPOA0019 0611 ACORD-r. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/901 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Klein Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3570 N Lexington Ave Ste 206 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St Paul, MN 55126-8058 INSURERS AFFORDING COVERAGE 651-484-6461 INSURED J.S. Cates Construction, Inc. INSURER A: Addison Insurance m an INSURER B: RTW Inc. 2400 Cates Ranch Dr. INSURER C: Hamel,MN 55340 INSURER D: NSURER 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 100 000 CLAIMS MADE 1XI OCCUR MED EXP(Any one person) $ 5 000 A 60-040 035 01/01/13 01/01/14 PERSONAL&ADV INJURY $ 1 000 000 GENERAL AGGREGATE $ 2 ,000 ,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2 O O 0 0 0 POLICY FXJ PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1, 000, 000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS 60-040 035 01/01/13 01/01/14 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ I PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 2 O O 000 X1 OCCUR C CLAIMS MADE AGGREGATE $ 2 ,000 ,000 60-040 035 01/01/13 01/01/14 $ A DEDUCTIBLE $ RETENTION $ 10 ,000 $ WORKERS COMPENSATION AND WC STAT EMPLOYERS'LIABILITY X TORY LIMITS E ER R MNAR-0000028527-1 04/17/12 04/17/13 E.L.EACH ACCIDENT $ 500 ,000 B E.L.DISEASE-EA EMPLOYEE $ 500 ,000 E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Municipal Service Center Floor Capacity Upgrades CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Columbia Heights DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -4()_ DAYS WRITTEN 590 4 0th Ave. NE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Columbia Heights, MN 55421 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97) O ACORD CORPORATION 1988