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32 CONTRACT FOR CONSTRUCTION • THIS AGREEMENT, made and entered into as of the 23rd day of May, by and between the City of St. Anthony, a municipal corporation under the laws of the State of Minnesota, hereinafter called the"Owner', and Barbarossa and Sons, 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 Two Million Forty-nine Thousand Eight Hundred Thirty-eight,and 66/100 Dollars($2,049,838.66)to perform and complete the work shown in the plans and drawings, and described in the project manual entitled "2000 Street and Utility Improvements, S.A.P. 161-102-03,for the City of St.Anthony, Hennepin County, Minnesota", prepared by WSB & Associates, Inc., and dated December 23, 1999, 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. ADVERTISEMENT FOR BIDS for said Improvement for the Owner. PROPOSAL by the Contractor,presented to the Council of the Owner on April 5,2000 and accepted by the Owner on May 23, 2000. CONTRACT DOCUMENTS for said Improvement dated December 23, 1999, referred to in the preceding paragraph of this Agreement and made a part of the aforementioned proposal. PLANS AND DRAWINGS for said Improvement as identified in a preceding paragraph of this Contract and which are dated December 23, 1999. ANY ADDENDA to the plans,drawings,general conditions and specifications for said Improvement 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. WSB PROJECT NO.1065.26 CONTRACT FOR CONSTRUCTION CFC-PAGE 1