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2016-2720
No,, AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA ( "Owner ") and Midwest Asphalt Corporation ( "Contractor "), Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2016 STREET REHABILITATION ZONE 2 — PROJECT 1602 2016 STATE AID STREET OVERLAY— PROJECT 1605 ARTICLE 2 — THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: CITY PROJECT NO. 1602 PARTIAL STREET RECONSTRUCTION STREET MILL AND OVERLAY ® SANITARY AND STORM SEWER REHABILITATION /INSTALLATION t CONCRETE CURB AND GUTTER ! ADA COMPLIANT PEDESTRIAN RAMPS ® CONCRETE SIDEWALK + CONCRETE AND BITUMINOUS SURFACING 4 MISCELLANEOUS CONSTRUCTION CITY PROJECT NO. 1605, S.A.P. 113- 107 -014 s STREET MILL AND OVERLAY SANITARY AND STORM SEWER REHABILITATION /INSTALLATION CONCRETE CURB AND GUTTER * ADA COMPLIANT PEDESTRIAN RAMPS CONCRETE SIDEWALK v CONCRETE AND BITUMINOUS SURFACING ® MISCELLANEOUS CONSTRUCTION ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT (ENGINEER). E1CDC11 C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 3.02 The ENGINEER is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before September 2, 2016, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before September 30, 2015. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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): 1. Substantial Completion: Contractor shall pay Owner $1,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. B. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 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 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate stipulated in Minnesota Statute 161.322. EJCDC° C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents, B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no 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. 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 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7 , inclusive). 2. Performance bond (pages 1 to 3 , inclusive). 3. Payment bond (pages 1 to 3 , inclusive). 4. Other bonds. a. _ (pages _ to _, inclusive). 5. General Conditions (pages 1 to 65 , inclusive). 6. Supplementary Conditions (pages 00700 -66 to 00700 -74 , inclusive). 7. Specifications as listed in the table of contents of the Project Manual. S. Drawings (not attached but incorporated by reference) consisting of 2016 Street Rehabilitation: 15 sheets with each sheet bearing the project number 1602 and 2016 State Aid Street Overlay: 17 sheets with each sheet bearing the project number 1605. 9. Addenda (numbers 1 to 1 , inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 11 to 20 , inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. 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 the General Conditions. EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, 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, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its 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 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non - competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions (if applicable). E1CDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on April 25, 2016 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: [CORPORATE SEAL] Attest: Title:; Address for giving notices: City of Columbia Heights (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER- CONTRACTOR Agreement.) Designated Representative: Name: Kevin Hansen Title: City Engineer Address: 637 38`h Avenue NE Columbia Heights, MN 55421 Phone: 763 - 706 -3700 [CORPORATE SEAL] Attest: Title: Address for giving notices: +d PO 6x S„ -1 °l i Q License No.: (Where applicable) Agent for service of process: (if Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Phone: E1CDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 E IDC; ENO NEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Midwest Asphalt Corporation P.O. Box 5477 Hopkins, MN 55343 OWNER (name and address): City Of Columbia Heights - Public Works 637 - 38th Ave. NE Bond No. GRMN39400A SURETY (name and address ofprincipal place of business): Granite Re, Inc. 14001 Quaiibrook Drive Oklahoma City, OK 73134 Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Effective Date of the Agreement: 4/25/2016 Amount: $667,238.80 Description (name and location): 2016 Street Rehabilitation, Zone 2 - Project 1602 and 2016 State Aid Street Overlay - Project 1605, S.A.P. 113 -107 -014, Base Bid and Alternate 1- Residential Construction, Work as Further Outlined in Bid Proposal Form, Columbia Heights, Minnesota BOND Bond Number: GRMN39400A Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 5/31/2016 Amount: ($667,238.80) SIX HUNDRED SIXTY SEVEN THOUSAND TWO HUNDRED THIRTY EIGHT AND 80/100 Modifications to this Bond Form: 0 None in See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Midwest Asphalt Corporations Contr ctpr'si, Name and Corp ate eal Print Name Title Attest: Signature Title SURETY Granite Re, Inc.(seal) Surety's Name and Corporate Seal By: nature (attac power of attorney) Jonathan Pate Print Name Title Signature Witness Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. .........._. EJCDC® C-615, Payment Bond Copyright © 2413 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and 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. 6. If a notice of non - payment required by Paragraph 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 Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 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 7.1 Send an answer to the Claimant, with a copy to the person or entity seeking payment for labor, materials, or Owner, within sixty (60) days after receipt of the equipment furnished for use in the performance of the Claim, stating the amounts that are undisputed and Construction Contract, then the Surety and the Contractor the basis for challenging any amounts that are shall have no obligation under this Bond. disputed; and 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 7.2 Pay or arrange for payment of any undisputed Contractor and the Surety (at the address described in amounts. Paragraph 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 7.3 The Surety's failure to discharge its obligations furnished for use in the performance of the Construction under Paragraph 7.1 or 7.2 shall not be deemed to Contract, and tendered defense of such claims, demands, constitute a waiver of defenses the Surety or liens, or suits to the Contractor and the Surety. Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the 4. When the Owner has satisfied the conditions in Paragraph Surety and Claimant have reached agreement. If, 3, the Surety shall promptly and at the Surety's expense however, the Surety fails to discharge its defend, indemnify, and hold harmless the Owner against a obligations under Paragraph 7.1 or 7.2, the Surety duly tendered claim, demand, lien, or suit. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 5. The Surety's obligations to a Claimant under this Bond recover any sums found to be due and owing to the shall arise after the following: Claimant. 8. The Surety's total obligation shall not exceed the amount of 5.1 Claimants who do not have a direct contract with this Bond, plus the amount of reasonable attorney's fees the Contractor, provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by 5.1.1 have furnished a written notice of non- the Surety. payment to the Contractor, stating with substantial accuracy the amount claimed 9. mounts owed by the Owner to the Contractor under the and the name of the party to whom the Construction Contract shall be used for the performance of materials were, or equipment was, the Construction Contract and to satisfy claims, if any, furnished or supplied or for whom the under any construction performance bond. By the labor was done or performed, within ninety Contractor furnishing and the Owner accepting this Bond, (90) days after having last performed labor they agree that all funds earned by the Contractor in the or last furnished materials or equipment performance of the Construction Contract are dedicated to included in the Claim; and satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for 5.1.2 have sent a Claim to the Surety (at the the completion of the work. address described in Paragraph 13). 10. The Surety shall not be liable to the Owner, Claimants, or 5.2 Claimants who are employed by or have a direct others for obligations of the Contractor that are unrelated to contract with the Contractor have sent a Claim to the Construction Contract. The Owner shall not be liable the Surety (at the address described in Paragraph for the payment of any costs or expenses of any Claimant 13). 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. 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. EJCDCO C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a subcontractor (2) on which the last labor or service was performed by of the Contractor to furnish labor, materials, or anyone or the last materials or equipment were furnished equipment for use in the performance of the by anyone under the Construction Contract, whichever of Construction Contract. The term Claimant also (1) or (2) first occurs. If the provisions of this paragraph includes any individual or entity that has rightfully are void or prohibited by law, the minimum period of asserted a claim under an applicable mechanic's limitation available to sureties as a defense in the lien or similar statute against the real property upon jurisdiction of the suit shall be applicable. which the Project is located. The intent of this Bond shall be to include without limitation in the terms of 13. Notice and Claims to the Surety, the Owner, or the "labor, materials, or equipment" that part of the Contractor shall be mailed or delivered to the address water, gas, power, light, heat, oil, gasoline, shown on the page on which their signature appears. telephone service, or rental equipment used in the Actual receipt of notice or Claims, however accomplished, Construction Contract, architectural and shall be sufficient compliance as of the date received. engineering services required for performance of the work of the Contractor and the Contractor's 14. When this Bond has been furnished to comply with a subcontractors, and all other items for which a statutory or other legal requirement in the location where mechanic's lien may be asserted in the jurisdiction the construction was to be performed, any provision in this where the labor, materials, or equipment were Bond conflicting with said statutory or legal requirement furnished. shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, 16.3 Construction Contract: The agreement between the intent is that this Bond shall be construed as a statutory the Owner and Contractor identified on the cover bond and not as a common law bond. page, including all Contract Documents and all changes made to the agreement and the Contract 15. Upon requests by any person or entity appearing to be a Documents. 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. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor 16. Definitions as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, 16.1 Claim: A written statement by the Claimant including at a 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 famished; 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; T The total amount of previous payments received by the Claimant; and 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 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. 18. Modifications to this Bond are as follows: It is a Condition of this Bond that all contract funds are to be released to Northern Escrow Inc. • 1276 South Robert St; West St Paul MN 55118; 651-457- 9621-voice; 651 -744- 9930 -fax EJCDC® C-615, Payment Bond Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 State of County of On this day of I in the year before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public State of County of On this day of F in the year before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public to me known, who, being of the and says that he is the the corporation described in and which executed °the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that ' was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. J Notary On this 31st day of Ma in the year. 2016, before me personally come(s) Jonathan Pate, Attomey(s) -in -Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly swom, says that he is (are) the Attorneys) -in -Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and t at seal affixed to the within inst ent is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he si ed said instrument a orney s 'h -Fact of the said company by like order. WANDA l,� FRANZ Notary Public NOTARY I'MIC - MINNESOTA L( p� Pi C,�mn 3sion Expires Jan. 3i, 2020 JCD ENGMERS 30114T Co TS.AGT DOCLNENTS COMMITTEE CONTRACTOR (name and address): Midwest Asphalt Corporation P.O. Box 5477 Hopkins, MN 55343 OWNER (name and address): City Of Columbia Heights - Public Works 637 - 38th Ave. NE Bond No. GRMN39400A SURETY (name and address of principal place of business): Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Effective Date of the Agreement: 4/25/2016 Amount: $667,238.80 Description (name and location): 2016 Street Rehabilitation, Zone 2 - Project 1602 and 2016 State Aid Street Overlay - Project 1605, S.A.P. 113 -107 -014, Base Bid and Alternate 1- Residential Construction, Work as Further Outlined in Bid Proposal Form, Columbia Heights, Minnesota BOND Bond Number: GRMN39400A Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 5/31/2016 Amount: ($667,238.80) SIX HUNDRED SIXTY SEVEN THOUSAND TWO HUNDRED THIRTY EIGHT AND 80/100 Modifications to this Bond Form: D None E3 See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Print Name Title Attest: Signature Title SURETY Granite Re. Inc. (seal) Surety 's Na e and Co orat 1 By: ignature (attach power of attorney) Jonathan Pate Print Name Title Attest: Signature Witness Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 L 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 Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 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 Paragraph 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; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 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 Paragraph 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 Paragraph 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 for a 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 Owners 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 Paragraph 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: 5.4.1 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 5.4.2 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 Paragraph 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 Paragraph 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. 7. If the Surety elects to act under Paragraph 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: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 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 Paragraph 5; and 7.3 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. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 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. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 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. 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 periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 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. 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 fumished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 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 for the Contractor for 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. 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. 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. 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. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 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. 16. Modifications to this Bond are as follows: It is a Condition of this Bond that all contract funds are to be released to Northern Escrow Inc. • 1276 South Robert St.- West St Paul MN 55118. 651- 457 - 9621 - voice 651 -744- 9930 -fax EJCDCO C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 State of County of ) On this day of r in the year before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public State of County of On this day of in the year before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public State of of the I the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; 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. °\ ELIZABETH MARIE OTO NOTARYPUBUC-ROWSOTA 4j') My Gn x 1 Janumy3902 ACKNO LEDG EN State of Minnesota ) County of Dakota ) On this 31st day of May, in the year 2016, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney( s) -i -Fact of Granite Re, Inc. compa y, described in and which executed the within instrument; that he know(s) the corporate seal of such company; a that seal affixed to the withi instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that h signed said instrum nt as Atto e'y(s) -in -Fact of the said company by like order. WANDA LEE FRANZ Notary Public NOIARY PUBLIC. MINNESOTA y ronnm ss -on Expires Jan. 31, 2020 ACOORL7 Imo CERTIFICATE LIABILITY T ' DATE (MM /DD/YYYY) F5/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kraus - Anderson Insurance 420 Gateway Boulevard Burnsville MN 55337 -2790 NAMEACT Certificates Department PHONE (952) 707 -8200 FAX A/C No): (952) 890 -0535 E-MAIL ADDRESS: certificates @kainsurance. com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Zurich American Ins Co GENERAL LIABILITY INSURED Midwest Asphalt Corporation P.O. Box 5477 Hopkins MN 55343 INSURER B :Nav1 ators Insurance Cc INSURERC:The Builders Grou (MECC #23612) 38970 INSURERD:Chartis Specialty Insurance Co $ 1,000,000 INSURER E : X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR INSURER F: COVERAGES CERTIFICATE NUMBER:15 -16 NEW Certificate REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM/DDtYYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR LO 9242713 -04 10/1/2015 10/1/2016 DAMAGE TO RENTED PREMISES Ea occurrence $ 300 , 000 MED EXP (Any one person) $ 10,000 PERSONAL BADVINJURY $ 1,000,000 X Contractural Liability X XCU Coverage GENERAL AGGREGATE $ 2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO X LOC $ AUTOMOBILE LIABILITY Ee COMBINED SINGLE LIMIT �_1f000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS AP 9242714 -04 10/1/2015 10/1/2016 BODILY INJURY Per accident ( ) $ HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident) $ X $ Pollution Liability X MCS -90 UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5 , 000 , 000 X AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE DED X RETENTION$ C $ CH15EXC4147681V 10/1/2015 10/1/2016 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER) EXECUTIVE (Mandatory InNH)EXCLUDED7 If yes, describe under NIA 05- 0001627 10/1/2015 10/1/2016 X WC STATU- OTH- E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYE $ 1 000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS below D Contractor's Pollution CPO 17493139 4/1/2015 10/1/2016 Limit: $1,000,000 Liability eductible $125,000 Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Project #613812 - Columbia Heights Street Rehab & Overlay SAP 113- 107 -014. The Certificate Holder is an Additional Insured under the Commercial General Liability when required by written contract. -u � rr -- r c nvr..vcrN L ANL t:LLA I IUN City of Columbia Heights Attn: Kevin Hansen 637 38th Avenue NE Columbia Heights, MN 55421 to (cu rurua) INS025 (201005).01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE thew Hislop /VEREN U 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD gig June 7, 2016 Mr. Walter Fehst, City Mgr City of Columbia Heights 637 - 38th Ave. NE Columbia Heights, MN 55421 P.O. BOX 5477 ® HOPKINS, MINNESOTA ® 55343 PHONE: (952) 937 -8033 ® FAX: (952) 937 -6910 I '' >t Re: 2016 Street Rehabilitation, Zone 2 - Project 1602 and 2016 State Aid Street Overlay - Project 1605, S.A.P. 113- 107 -014, Base Bid and Alternate I- Residential Construction, Work as Further Outlined in Bid Proposal Form, Columbia Heights, Minnesota Mr. Fehst: We, the undersigned, hereby irrevocably request that all payments due or to become due on account of the contract dated on or about 4/25/2016 by and between City of Columbia Heights and the undersigned for the performance of contract work related to the above referenced contract be forwarded and made payable to Northern Escrow, Inc., FBO Midwest Asphalt Corporation, 1276 South Robert Street, West St. Paul, MN 55118, agent for surety Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134, which company is surety on the performance and payment bonds given in connection with the aforesaid contract. We advise there shall be no modification or change in these instructions without the written authorization and consent of Granite Re, Inc. or its agent, Northern Escrow, Inc. cc: Granite Re, Inc. Northern Escrow, Inc. Midwest Asphalt Corporation I Its Blair : Pregtfent MEMBER MGM NATIONAL. ASPHALT PAVEMENT ASSOCIATION An Equal Opportunity Employer