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1993-07-06 Contract Agreement Machtemes Construction t.- .. " . I . CONTRACT AGREEMENT E-9201-G THIS AGREEMENT, made and entered into as of the 6th day of July, 1993, by and between Machtemes Construction, Inc. hereinafter called the Contractor, and the City of Albertville, Minnesota, hereinafter called the Owner. WITNESSETH: That the Contractor and the Owner for the considerations hereinafter agree as follows: ARTICLE 1 SCOPE OF WORK The Contractor shall furnish all of the material and perform all of the work shown on the plans and drawings as described in the specifications entitled, 1992-3 IMPROVEMENT PROJECT, (UTILITIES AND STREET IMPROVEMENTS, PSYK'S FIFTH ADDITION), ALBERTVILLE, MINNESOTA as prepared by Meyer-Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota, acting as and in these contract documents entitled "Engineer". ARTICLE 2 COMPLETION OF WORK The Contractor shall complete the work as specified within the specifications. ARTICLE 3 THE CONTRACT SUM The Owner agrees to pay and the Contractdr agrees to recei ve and accept payment in accordance wi~h the unit prices bid and based upon the estimated quantities for the combined estimated sum as set forth in the accepted Contractors Proposal on file with the Owner, to be ONE HUNDRED EIGHT-THREE THOUSAND, TWO HUNDRED SEVENTY-ONE and 50/100 \ DOLLARS ($183,271.50). ARTICLE 4 CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: .. . . .. ~ . . 1) The Accepted Proposal 3) Instructions to Bidders 5) Special Provisions 7) Concrete Curb Specs 9) Tie Sheet 11) This Document 2) Request for Bids 4) General Conditions 6) Street Construction Specs 8) Standard utili ties Specs ~ 10) Drawings E-9201-G (7 sheets) This Instrument, together with the documents above mentioned, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. ARTICLE 5 PAYMENTS The Contractor shall submit monthly requests for payment to the Engineer, as per specifications, including lien waivers, requesting paYment for all materials, and labor expended for the paYment period. The Owner will retain five (5%) percent of the amount of the paYment until full completion of the Contract. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in three counterparts as of the day and year first above written. MACHTEMES CONSTRUCTION, INC. BYCI.1J ~~'- ::Ti?;P;;E. MN ByrJ:hJ.!Lr Clerk ~ ". Employers Mutual Casualty Company HOME OFFICE · DES MOINES Bond No. S176886 STANDARD CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That We, Machtemes Construction Co. P.O. Box 727, St. Bonifacius, MN 55375 (hereinafter called "Principal''), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa with its principal office in the CITY OF DES MOINES. IOWA, and authorized to transact business in the State of Minnesota as Surety, are held and firmly bound unto City of Albertville (hereinafter called "Obligee"), in the penal sum of One Hundred Eighty 'lbree 'Ihousand Two Hundred Seventy One and 50/100------------------------------------------------- DOLLARS ($ 283,271.50---------- ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors. successors and assigns, jointly and severally firmly by these presents. SEALED, with our seals and dated this 6th day of July , A.D., 19-2.L WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 6th dayof July , A.D., 19 ~ , providing for the construction or.. supply of, 1992.... 3 Improvement Proiect, Albertville, m (SanitaJ:y Sewer, Watenna.in, Stonn Sewer & Streets) which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the purpose ot explaining but not of varying or enlarging the obligation. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed. at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to .the above named Obligee, alloss and damage which said Obligee may sustain by reason ot failure or default on the part of said Principal. then this obligation shall be void; otherwise. to be and remain in full force and effect. PROVIDED, HOWEVER. this bond is executed by the Surety, upon the express condition that no right of action shall acaue upon or by reason hereof, to or for the use or benefit of anyone other than the Obligee named herein: and the obligation of the Surety is and shall be construed strictly as one of suretyship only. .1rJ~ (Seal) WITNESS: (If individual or Firm) .'" YERS MUTUAL CASUALTY COMPANY Surety (Seal) "- 1066...... z_ Sf ATE OF . Miimesota lSmepin c-, ., 0. daiI 6th ~. . clay 01 July before IDe. I ~otuy Public ia aad for said 1993 eo-,.ra-aJly appeand Mary J. Cole penonaJJy bowa .... who beiar by _.-0 did .... that he ia AIIonM)'-ia-Faet 01 tha ElDploy... Mutual Casualty ColDpaIIJ. aa Iowa Corporatioa. IlIIDoit t-fCO Ia.suruee Compaay. ... IDiaoiI Ccwporalioa. ElDcuco IDSUnDce CompaDy. ... 10.1 Corpondoa. Dakota rlre IlIMUUlce Company. a Nerda Dabla C<<poradoe. Uaioa MutuallDaUtUlCe ColDpaDY 01 Providence. a Rhod. Is1aad Corporalioa. aDd Americ:aa Liberty Insura_ Co_ pt8f. aD Alabama CorponDoa. that !he seal affixed to the loreroi.at insuument ia the corpon.. seal 01 Mid corporation; thaI die mU'WDeDt .U .... -W aad ueclllell ill behaJf of said ClorponllioD by IUlhority 01 ita Boud 01 Directon aad fa.nher adalow1edced dial the sa.id inslrWDeat ... ... euculioo thenoIlO be the ~-t.II'f act aad deed of said COI'pOI1Idoa. by him vol_tarity exeeu&ed. IN WITNESS \\'HEREOF. I have ~to tabec:rihed IDY Dame aad aUhed my olradal teal at Minneapolis, Minnesota X, Conuai5sioa txpinI 5/5 99 _ .19 ':aI 1ST auall'lT &he day aDd year last above wrinea _.. .~15&~~..... ~L M. CONLEY . . HEN_~A My QCIIlIIIlIIIIon expIrelI s.;e;ee PRODUCER American Business Insurance Agency, Inc. 7101 York Avenue South #200 Xinneapolis, XI 55435 7/1 /9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER ..mRJ~~!i~T~T~~..I!i~'qR~!i~~...CQ.... mRI~A1f..S1~l~~. 1!i~'ql(~!i~~......CQ AXERICAN STATES.I1f~'qRA,!i~~~Q INSURED COMPANY B LETTER Xachtemes Construction, Inc. P.O. Box 727 St. Bon:f.facius D 55375 COMPANYC LETTER COMPANY D ; LETTER ..... "M"'M~R I CAN STATES I!i~'qR~!iC~CQ. COMPANY E LETTER THIS IS TO CERTIPY 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. CO; LTR! TYPE OF INSURANCE POLICY NUMBER ,- . ,',' . " ; POLICY EFFECTIVE ipOLlCY EXPIRATION; i DATE (MM/DD/YY) ; DATE (MM/DD/YY) i LIMITS GENERAL AGGREGATE . $ PRODUCTS-COM PlOP AGG. $ PERSONAL & ADV. INJURY . $ .. EACH OCCURRENCE . $ .. FIRE DAMAGE (Anyone fire) . $ ,.."..-,.,.............,.,_....".,-,...,.,..,..,....'.,.".......'.'.,...,.......,_..-,....,_...,...,...".'.,....,.....,..,.,... . MED. EXPENSE (Anyone person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT .1QQQQQQ 1000000 10000QQ ..1QQQQQQ 5QQQQ 5000 1000000 COMMERCIAL GENERAL LIABILITY' MADEIX" OCCUR. i $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM OTHER DESCRIPTION OF OPERA T10NS/LOCA TIONSIVEHICLES/SPECIAL ITEMS RE: 1992-3 IXPROVEXENT PROJECT, SANITARY SEWER, WATERXAIN, STORK SEWER CITY OF ALBERTVILLE P.O. BOX 131 ALBERTVILLE, XI 55301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OB OR L1ABI TY 0 Y KIND UPON THE COMPANY, ITS S 0 RESEN ES. ABI/Acordia of Xinnesota '7'701 York Ave. B, Suite 200 Xinneapolis, D 55435 5/16/94 THIS CERTIFICATE IS ISSUED 'AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Al ER THE COVERAGE AFFORDED BY THE P ICI S El W. PRODUCER t__,.,,,, COMPANY A LETTER ...JI~{J~~."C:a....CQu .. ....11~lllUIC:aCQ I.BURDCB CO INSURED .. . . ..u..' . . . . ......... .........u.. f~~~NY B Xachtemes Construction, Inc. P.O. Box '72'7 St. Bonifacius D 553'75 COMPANY c' LETTER f~~~NY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR 0 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. ..-. -q',v.,'"w,'" CO: LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE i POLICY EXPIRATION DATE (MM/DDIYY) i DATE (MM/DD/YY) LIMITS GENERAL AGGREGATE , $ PRODUCTS-COMP/OP AGG. $ , PERSONAL & ADV. INJURY $ , EACH OCCURRENCE $ i FIRE .D~MAG~ (~~y.. one fire) $ : MED. EXPENSE (Anyone person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS COMBINED SINGLE $ LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ :[000000 fOOOOoo fOOOOOO' . .. '$9OQ(f 5000 1000000 GARAGE LIABILITY WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY i EXCESS LIABILITY X, UMBRELLA FORM i OTHER THAN UMBRELLA FORM OTHER ~iPRlPTION OF OPERATlONS/LOCATIONSIVEHICLES/SPECIAL ITEMS !<H: 1992-3 HIPROvmmIT PROJBCT, BAIITARY SBVHR VATBRJIAII STonv SRYBR ' ,:J.UI1 CITY OF ALBERTVILLE P.O. BOX 131 ALBERTVILLE, D 55301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIR~BN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF A KIND UPON THE COMPANY, ITS AGEN OR REPRESENTATIVES.