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Imp. Proj. #698CITY OF NEW HOPE CONTRACT FOR St. Raphael's Lift Station Bypass Upgrade For valuable consideration as set forth below, this contract dated the 19th day of October, 2000, is made and signed by the City of New Hope (hereinafter "City") and Moorhead Construction Co., Inc. (hereinafter "Contractor "). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in Exhibit A (request for proposal). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $4,315.00 dollars, payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the 31 st day of December, 2000. Total amount of this contract shall not exceed $4,315.00. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 31 st day of December, 2000 (hereinafter "Completion Date "). 5. INSURANCE Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts 504 -Gen Basic Contract Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right -of -ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. All insurance is subject to the review and approval of the New Hope City Attorney. 6. LAWS REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 34- Gen -Basic Contract Contract Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Paul Coone, Utilities Supervisor. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. Cl" M CONTRACTOR Moorhead Cn q t 69 144G, By ne James D Shiers 34- Gen -Basic Contract Contract Page 4 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this C day of 1 200/ by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE J. LEONE � NOTARY PUBLIC-MINNESOTA My Comm Notary Public OmmissionExPiresJa,9.31.2ou . STATE OF MINNESOTA Lj � _ )ss. COUNTY OF HEN 4 The foregoing was acknowledged before me on this 200 0, by JO MP! PORTER NOTARY PUBUO—MlINNESOTA Lie My Cortiwmw� Expifss,)AN. 3'1, 2005 on behalf of NotaryP 34-Gen-Basic Contract AC RO CERTIFICATE OF LIABILITY INSURANC ID DC ORH -5 OATE(MMIDD/YY) i 10/24/00 PRODUCER Dawson Insurance 721 1st Avenue North, Box 1958 Fargo ND 58102 Phone:701- 237 -3311 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 1 ALTER THE COVERAGE AFFORDED BY T HE P OLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Moorhead Construction Co., Inc BOX 878 Moorhead MN 56561 -0878 INSURER A: CNA Insurance Grou j INSURER B: Cincinnati Insurance n INSURER C: INSURER D: INSURER 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. IN R LTR TYPE OF INSURANCE POLICY NUMBER POLI Y EFFECTIVE DATE MM /DO POLICY EXPIRATION DATE MM /DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X Contractual Liab. C2011600941 09/30/00 09/30/01 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $1000 MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER I POLICY I� PRO- T LOC PRODUCTS - COMP /OPAGG S 2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS C2011600955 09/30/00 09/30/01 COMBINED SINGLE LIMIT (Ea accident) $1000000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY OCCUR F DEDUCTIBLE RETENTION $ CCC4466202 09/30/00 09/30/01 EACH OC CURRENCE 1 $5,000,00 0 AGGREGATE I S 5,00 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 2011600969 09/30/00 I 09/30/01 _ X I TORY LIMITS ER E.L. EACH ACCIDENT 1 $ 500 000 E.L. DISEASE - EAEMPLOYE 5500000 E.L. DISEASE - POLICY LIMIT 1 $ 500000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS PROJECT: ST. RAPHAEL'S LIFT STATION BYPASS UPGRADE, NEW HOPE, MINNESOTA CERTIFIGA It HULUC I Y I ADDITIONAL IN5UKED; INSUKtK Lt I I tK: H CITYOFN City of New Hope Attn: Paul Coone 4401 Xylon Avenue North New Hope MN 55428 ACORD 25 -S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. © ACORD CORPORATION 1988