Shorewood Contract Documents - ContractorCONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into as of the 3rd day of June , 2016, by and between
the City of Shorewood, a municipal corporation under the laws of the State of Minnesota, hereinafter called the “Owner”, and Pearson Bros., Inc. , hereinafter called the “Contractor”.
WITNESSETH:
That in consideration of their mutual covenants and agreements as hereinafter set forth, the Owner for
itself and the Contractor for itself, its successors, and assigns, covenants and agrees as follows, to wit: 1. The Contractor agrees to furnish all the necessary materials, labor, use of tools, equipment, plant and every other thing necessary to perform the work designated and referred to in this Contract,
including all Contractor’s superintendence, and to furnish everything necessary for the completion of the improvement which is the subject of this Contract (except such things as the Owner has
specifically agreed to provide, according to the Contract Documents); and agrees under penalty of a public contractor’s corporate surety bond in the amount of One hundred eighty-two thousand,
twenty and 00/100 Dollars ($182,020.00) to perform and complete the City of Shorewood, MN, portion of the work shown in the plans and drawings entitled “2016 Crack Fill & Seal Coat Project”
prepared by WSB & Associates, Inc., and dated March 28, 2016, and to conform in all respects with the provisions and requirements of the General Conditions, Supplementary General
Conditions and Specifications for said improvement.
2. The Contractor agrees that performance shall be in accordance with the terms, requirements and conditions of this instrument, and laws of the State of Minnesota, and the following documents.
PROPOSAL by the Contractor, presented to the City Council of the Owner(s) on May 9, 2016,
and accepted by the Owner (City of Shorewood) on May 9, 2016. CONTRACT DOCUMENTS for said 2016 Crack Fill & Seal Coat Project for the Cities of Shorewood, Victoria, and Minnetrista, dated March 28, 2016, referred to in the preceding
paragraph of this Agreement and made a part of the aforementioned proposal. PLANS AND DRAWINGS for said 2016 Crack Fill & Seal Coat Project for the Cities of Shorewood, Victoria, and Minnetrista as identified in a preceding paragraph of this Contract and which are dated March 28, 2016. ANY ADDENDA to the plans, drawings, general conditions and specifications for said 2016 Crack Fill & Seal Coat Project for the Cities of Shorewood, Victoria, and Minnetrista which
addenda were prepared by WSB & Associates, Inc. PUBLIC CONTRACTOR’S SURETY BOND in the principal sum of the amount bid.
Each and all of the aforementioned Contract Documents are hereby incorporated into this Contract by specific reference and the terms and provisions thereof are and constitute a part of
this Contract as though attached hereto or fully set forth herein.
3. The Owner agrees to pay the Contractor for the performance of this Contract and the Contractor agrees to accept in full compensation therefor, the sums set forth within the aforementioned
proposal of the Contractor for each unit and each type of unit of work to be performed. It is understood and agreed that the said proposal is for the construction of said 2016 Crack Fill &
Seal Coat Project for the Cities of Shorewood, Victoria, and Minnetrista on a unit price basis in accordance with the said proposal, and that sum of $182,020.00 as set out in said proposal for
the City of Shorewood portion of the work is the sum of the unit prices, multiplied by the estimated quantities of the respective units of work listed therein.
2016 CRACK FILL & SEAL COAT PROJECT CONTRACT FOR CONSTRUCTION CITY OF SHOREWOOD, MN; CITY OF VICTORIA, MN; CITY OF MINNETRISTA, MN;
WSB PROJECT NOS. 2925-08, 2168-11 and 2121-73 PAGE 1
4. Prompt Payment to Subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment
from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to
the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 5. This contract may be terminated by the Owner at any time upon discovery by the City that the
prime contractor or subcontractor has submitted a false statement under oath verifying
compliance with any of the minimum criteria set forth in Minn. Stat. § 16C.285, subd. 3.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and
year first above written.
CONTRACTOR CITY OF SHOREWOOD, MN
By
Mayor
By Administrator (Corporate Seal) (City Seal) By
Authorized Official
2016 CRACK FILL & SEAL COAT PROJECT CONTRACT FOR CONSTRUCTION CITY OF SHOREWOOD, MN; CITY OF VICTORIA, MN; CITY OF MINNETRISTA, MN;
WSB PROJECT NOS. 2925-08, 2168-11 and 2121-73 PAGE 2