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HomeMy WebLinkAboutContract 19961996 REMOVAL,/ABATEMENT OF RESTRICTED OR HALARDOLIS MATERIALS ~ BUILDING DEMOLITION 50`h & CENTRAL. AVENUES CITY OF COLUMBIA HEIGHTS, MINNESOTA WORK AGREEMENT d TI ~ grj emer~ is m~ e t is ~'~ day of April 2007, by and between the City of Columbia I Ieights ("the City") and r the "Contractor") for RemovaUAbatement of Restricted or Hazardous Materials and Building Demolitio as detailed in the Bid Request. WITNESSETH: WHEREAS, the City desires to have performed or constructed the services or facilities described in the Contract Documents (the "work"); WHEREAS, Contractor represents that it has the necessary personnel, experience, competence, and legal right to perform the Work; WHEREAS, the City Cduncil has adopted a Resolution authorizing the City staff to enter a contract for the completion of the Work specified herein. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. WORK TO BE COMPLETED ... The Work shall be performed in strict accordance with the Contract Documents. The Contractor shall carefully review all of the Contract Documents before performing the Work and shall promptly call to the attention of the City any discrepancy or inconsistency which may exist between any two or more documents or between any parts of the same document. The City shall have discretion as to how to address any such discrepancy or inconsistency and shall modify, interpret, or adjust the Contract Documents accordingly as the case may be. 2. CONTRACT DOCUMENTS ... The Contract Documents shall consist of the Work Agreement and the Scope of Work & Specifications prepared by or on behalf of the City in connection with the Work (where specified}, al] Amendment Request Certificates approved by the City, all Change Orders issued by the City, the T.T„+: ,,,. +,. D.- ~t +1. ,, !'.,,.,-,.,1 +:.,., !'~.>.-+:~.... +.,. .7 '++,,., + +.,+: ,,,, .. ~'+1, ,, (',...+..,.,.+ Tl,. +,. ' a 1... +1. ivvu~c: w i ivCeC , uic. ~~iiiY %~ivii ~,~.iuu~uw, unu "wr~wu in~eiYre~auvua of uic ~.vuuu~.~ LvcuiiiCnw iiSuc:.u vy ~ ie City. The Contract Documents shall, insofar as is possible, be interpreted to be consistent with one another. Any inconsistencies shall be addressed in accordance with paragraph 1 of this Agreement. 3. PERMITS AND REGULATIONS ... Prior to commencing the Work, the Contractor shall secure all necessary building permits and licenses as may be required, and before and during the progress of the Work, give all notices and comply with all the laws, ordinances, rules, and regulations of every kind and nature now or hereafter in effect that are promulgated by any federal, state, county, or other governmental authority, relating to the performance of the Work. If the Contractor's performance is contrary to any such law, ordinance, rule, or regulation, it shall bear all costs arising there from. Contractor specifically agrees to abide by and observe all standards and regulations of the Occupational Safety and Health Administration, which are applicable to the Work. 4. PROSECUTION OF TILE WO ... The Contractor shall at ail times prosecute the Work diligently so as to insure its completion in fiill accordance with the Contract Documents and shall at all times furnish sufficient numbers and amounts of properly skilled Workers, acceptable materials and equipment, adequate services, construction tools, and equipment. The Work shall be performed in a goad and Workmanlike manner. Contractor shall keep the Work site clean and orderly during the course of the Work and remove all debris at the completion of the Work. If the Contractor is negligent in these areas, the Cityreservcs the right to perform this work with its own forces at overtime rates. 'The costs of such work shall be charged to the Contractor. The Contractor will adequately protect the Work from damage, will protect the property from injury or loss, and will take all necessary precautions during the progress of the Work to protect all persons and the property of others from injury or damage. "The Contractor will assume full responsibility for all its tools and equipment and all materials to be used in connection with the Work. Materials and equipment that have been removed and replaced, as part of the Work shall belong to the Contractor unless agreed otherwise. 5. COMMENCEMENT AND COMPLETION OF WORK; LIQUIDATED DAMAGES ... The Work must commence no later than Apri130, 2007 and be satisfactorily completed in the opinion of the City by June 1, 2007. In the event the Work is not commenced within ten (10) days of the date specified, the City may dismiss the Contractor without any compensation whatsoever and appoint a substitute Contractor(s). If the Contractor is unable to commence the Work by the specified date, it must promptly notify the City. In the event the Work is not completed by the specified date, the Contractor and its sureties shall be assessed liquidated damages of one percent (1%) of the total Contract Price or fifty dollars ($50.00), whichever is greater, per day for each calendar day of delay excluding Saturday, Sunday, and legal holidays. This sum shall be deducted from the Contract Price at the time of pay;nent. This provision for liquidated damages represents the best estimate by the City and the Contractor of loss suffered by the City due to failure to complete the Work. on time, and shall not be, or is deemed to be, a penalty or forfeiture. This provision for Liquidated damages is in addition to any and all other rights and remedies to which the City may be entitled at law or in equity in connection with this Agreement. 6. EXCUSABLE DELAYS ... The following circumstances, and only these circumstances, will, at the City's discretion, be considered legitimate cause for a change in the commencement and/or completion dates specified in paragraph 5 of this Agreement: Material delay -- material delays that are beyond the control of the Contractor, which can be shown to have directly caused the overall late completion. b. Adverse weather conditions -- weather conditions that directly affect the scheduling of exterior work over a significant portion of the teen of this Agreement. c. Strikes -- Contractors who face union work stoppage in the case where they have to rely on such a work force in order to complete the Work. d. Amendments -- significant arnendnients in the or~ginai scope of work, which can be reasonably shown to require an extension of the time, allowed for completion. e. Emergencies -- accidents, death or illness in the immediate family of the Contractor, which necessitates a significant leave of absence from the job. f. Proven lack of cooperation from persons in possession of the property resulting in significant delays. g. Proven lack of cooperation from the Contractor's agents resulting in significant delays. 7. AMENDMENT REQUEST CERTIFICATE ... Changes in the scope, specifications, or cost of the Work that are proposed by the Contractor subsequent to the execution of this Agreement shall be considered Amendments. No such Amendments shall be made without rp for written approval by the City. Any Amendment proposed by the Contractor shall be submitted via an Amendment Request Certificate. `fhe Amendment Request Certificate must: (a) be signed and dated by the Contractor; (b) specify how the Work is to be amended and the cost for such Amendments; and (c} specify the reason for any cost increase/decrease resulting from the Amendments}. 'The City will approve or disapprove the Amendment Request Certificate after appropriate review and property inspection. If approved, a copy of the signed Ainendmerat Request Certificate will be forwarded to the Contractor. Upon receipt by the Contractor of the approved Amendment Kequest Certificate, the approved Amendment(s) may be implemented. All Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the City. No such Amendment Request Certificate shall be deemed to constitute a waiver of any remaining covenant, agreement, teen, or condition contained in the Contract Documents. 8. CHANGE ORDER ... The City shall have the right, within the general scope of the Work and without notice to any surety or sureties of the Contractor, to make changes in the Work, either by altering the nature of the same or by adding co or deducting from if. Ali changes shat , except m the case yr ernergericies en angerurg ine safety of persons or property be made by written Change Order. The Contractor shall promptly comply with any and. all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract Documents. 9. GENERAL GUARANTY ... The Contractor hereby guarantees to the City that all of the Work shall be done in competent, worlcinan-like manner and that such Work shall be and remain free of defects in workmanship and materials for a period of one (1 }year from the date that the City executes the Completion Certificate pursuant to parag-iapl-i i7 of this Agreement. The Contractor warrants that all materials and equip~a~ent furnished in connection with the Work will be new, unless otherwise specified, and be of good quality and free from faults and defects. The Contractor shall assign to the City (if assignable} or enforce for the benefit of the City (if not assignable) any guarantees provided by manufacturers or sellers of machinery materials or equipment that are to be incorporated into the Work. The City's acceptance of the Work shall not be deemed to be a waiver of any of the City`s rights under this paragraph. 10. WAIVER OF LIABILITY ... It is agreed that the Work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Columbia Heights from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. INDEMNIFICATION ... Any and all claims that arise or may arise as a consequence of any act or omission on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the Work shall in no way be the obligation. or responsibility of the City of Columbia Heights. The Contractor shall indemnify, hold harmless, and defend the City of Columbia Heights, council members, officers, employees, successors, and assigns against any and all liability, loss, cost, damages, expenses, claims, or actions, including attorney's fees which the City of Columbia Heights, council members, officers, or employees may hereinafter incur or be required to pay on account of injury to or death of any person or persons or damage to any property arising out of or by reason of any act or omission of the Contractor, its agents. servants. or employees in the execution. performance, or failure to adequately perform its obligations under this Agreement, whatever the cause of such injuries or damage. ° 12. INSURANCE ... The Contractor agrees that in order to protect itself, the City of Columbia Heights under the indemnity provisions set forth in paragraph 11 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are customarily provided in worker`s compensation policies issued in Minnesota. Contractor further agrees to require all subcontractors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent cantractors with the applicable statutes. Commercial General Liability Insurance. The Contractor shall maintain Occurrence Based Commercial General Liability Insurance ("CGL"},providing coverage on an `occurrence°°, rather than on a "claims made" basis, which policy shall include coverage for the Completed Operations Lazard, and which shall also include a Broad Form General Liability F,ndorsement, ISO number GL 0404, or an equivalent form (or forms), so long as such an equivalent farm (or forms) affords coverage which is in all material respects at least as broad. Any equivalent form (or forms) of coverage, shall be approved by the City. The Contractor agrees to maintain total liability policy limits of at least One Million Dollars ($1,000,000), applying to liability for Bodily Injury, Personal Injury, aild Property Damage, which total 11I111tJ play be SdUslled by t11C 111n1tS affal`ded Ulider Its OC;(:Url-enl:e Based CGL pUlll;y as specified above, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies} provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying occurrence based CGL Policy as specified above. c. Automobile Liability Insurance. The Contractor shall maintain automobile liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned, and hired automobiles and other motor vehicles. Such policy shall provide total liability limits far combined Bodily Injury and~'ar Property Damage in the amount of at least One Million Dollars ($1,000,000) per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying automobile liability insurance policy. The City of Columbia Heights shall be named as "additional insured" parties with respect to the insurance policies specified in (b) and (c) above. The Contractor shall not commence work until a Certificate of Insurance evidencing all of the insurance policies required above is approved and a written Notice to Proceed is issued by an authorized representative of the City. The City shall, at any time during the term of this agreement, have the right to require that the Contractor secure any additional insurance, or additional feature to existing insurance, as the City may reasonably require for the protection of its interests or those of the public. It is expressly understood that the City does not in any way represent that the minimum insurance coverage set forth in this paragraph is sufficient or adequate to protect the interest or liabilities of the Contractor. 13. BOND ... The Contractor shall furnish payment and performance bonds, issued by a surety acceptable to the Ciry, at least equal to the Contract Price as that amount maybe amended from time to time and including, but not be limited to coverage for liquidated damages provided for m paragraph 5 of this Agreement, and the period of coverage by any warranty required by the Work. The bonds shall remain in effect for one year after the date the Completion Certificate is executed by the City and for any warranty period required by the Work, whichever date is later. The premiums for such bonds shall be deemed to be included in the Contract Price, and no additional compensation shall be payable to the Contractor with respect to such bonds. No Change Order, approval or disapproval of an Amendment Request Certificate, changes in the commencement and/or completion dates pursuant to paragraph 5, failure to enforce any rights arising under the Contract Documents, or other act or forbearance of the City shall, unless specifically agreed to otherwise by the City, operate to release or discharge any surety or sureties under any such bond. 14. LIEN WAIVER ... Neither the Contractor nor any subcontractor or other person or entity furnishing labor, equipment, or materials in connection with the Work shall file any mechanic's lien against the City's buildings, structures or land or any part thereof. The Contractor shall protect, defend, indemnify, and hold harmless the City of Columbia Heights from any and all claims, demands, or actions of whatever nature arising out. of work, labor, equipment, or materials furnished by the Contractor or its subcontractors in connection with the Work. Payment of the Contract Price shall not be due until the Contractor has delivered to the City lien waivers acceptable to the City, which release the City from all liens that may arise in connection with the Work. The Contractor shall List below the names of all suppliers and/or subcontractors that will provide materials, services, or labor in connection with the Work, The Contractor will notify the City of any changes in this list prior to the commencement of the Work. 15. CONTRACT PRICE ... The Contractor agrees to furnish all work, labor, materials, and equipment necessary to complete the Work as set forth in the Contract Documents for the sum of ~ "~ -- (the "Contract Price"), to be paid by the City in accordance with the terms and conditions of thus Agree~ifent. Tl-ie Coniiact Price shall constitute the sole compensation payable to the Contractor for its performance of the Work or anything done in connection therewith including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perform the Work. The Contractor shall indemnify and save the City harmless from and against any liability for any such taxes, fees, premiums, contributions, etc. that the Contractor incurs in connection with the Work. 16. EXAMINATION OF WORK SITE ... Contractor agrees that the Contract Price specified in paragraph 15 of this Agreement is based upon Contractors examination of the work site and that it will make no claim for additional compensation or the extension of time for performance if the conditions encountered differ from those anticipated by such examination, unless such a claim is based upon conditions at the work site, or omissions, ambiguities, or conflicts in the Contract Documents, which Contractor can show could not have been discovered in the exercise of reasonable care prior to the submission of the Contract Price. 17. PAYMENT OF CONTRACT PRICE ... The Contractor agrees to provide the City with the following documentation as a condition to receiving payment of the Contract Price: (a) an itemized bill for the completed Work; (b) a properly executed Completion Certificate; (c) a Sworn Construction Statement; and (d) all lien waivers as required by paragraph 14 of this Agreement. The City may withhold payment of the Contract Price to the Contractor to such extent as niay be necessary to protect the City from loss on account of: (a} defective work not remedied; (b) claims or ar>ti~ns filed or evidence reasonably indicating the probable filing of the same against the City with respect to the Work performed; (c) the failure of the Contractor to make payments properly to subcontractors and/or suppliers for equipment, material, or tabor, or to provide evidence that such payments have been made; (d) any cost for which the Contractor is liable under the Contract Documents; or (e) a breach by Contractor of any teen, condition, or provision contained in the Contract Documents. 18. EQUAL EMPLOYMENT OPPORTUNITY ... The Contractor shall not discriminate against any employee or applicant for employment on the basis of age, race, color, religion, sex, or national origin. The Contractor shall comply with alt applicable laws, Executive Orders, and regulations concemingnnn-discrimination in emplo}~nent, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 19. INI}EPENI2ENT CONTRACrI'OR s'1"A"~"I1 s ... Contractor is and shall remain an independent contractor in the performance of the Work, maintaining complete control of its workers and operations. Neither Contractor nor anyone employed or engaged by Contractor shall became an agent, representative, servant, or employee of the City in the performance of the Work ar any part thereof. 20. CONTRACT' REPRESENTATIVES; ADDRESSES ... The City's representative with respect to this Agreement shall be Kevin Hansen, City Engineer/Public Works Director, City of Columbia Heights. The Contractor's representative with respect to this Agreement shall be All notices, requests, and instructions, or other communications given or received by either party under the terms of this Agreement shall, unless otherwise specifically provided herein, be made in writing signed by the designated representative oI`the party making such communication and be delivered or addressed to the designated representative of the other party at the following address: CITY ADDRESS: City of Columbia Heights Attn: Kevin Hansen 637 38`h Avenue Northeast 21. SUBCONTRACTORS ... Contractor agrees to bind every subcontractor by tl~e terms, conditions, and provisions set forth in the Contract Documents that are applicable to the subcontractor's work, unless otherwise specifically agreed otherwise in writing by the City. 22. ASSIGNMENT ... This Agreement shall be binding upon and in order to the benefit of the Contractor, its legal representatives, heirs, successors, and assigns. No assignment or attempted assignment of this Agreement ar any rights hereunder shall be effective unless the written consent of the City is first obtained. No such assignment, even if consented to by the City, shall relieve the Contractor from liability under this Agreement for the performance and completion of the Work in accordance with the Contract Documents. 23. ENTIRE AGREEMENT ... The Contract Documents contain all the terms, conditions, and provisions pertaining to the Work to be completed by the Contractor, there being no other understandings, agreements, or warranties, express or implied. All prior negotiations and dealings regarding the subject matter of the Contract Documents are superseded by and merged into the Contract Documents. 24. APPL.ICABL,E LAW ... This Agreement shall be construed in accordance with and governed by the laws of dze state of Minnesota. 25. AMENDMENT ... This Agreement maybe modified or amended only with the written approval of the City and the Contractor. 26. CONSTRUCTION ... In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions or any application thereof shall not in any way be affected or impaired thereby. 27. AU'T'HORITY ... Mach of the undersigned parties warrants that it has the fuii authority to execute this Agreement, and each individual signing this Agreement on behalf of a corporation hereby warrants that he or she has full authority to sign on behalf of the corporation and that he or she represents and hinds such corporation thereby. 28. WAIVER ... No failure by the City to insist upon the strict performance of any covenant, duty, agreement, ar condition contained in this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, teen, or condition, nor does it imply that such covenant, agreement, term, or condition maybe waived again. IN WITNESS WHEREOF, the parties have set their hands thisc~ day of __, 2007. --~- - It's City 1`/Ianager-~v`dalter P~. Fehst CONTRACTOR .~ i'~ ~~ r Its: {I! ~: `=f ` ~r~Gh'~ Witness -. ~.,. Bond #41 BCSEG6947 Executed in Triplicate THE AMERICAN INSTITUTE OF ARCHITECTS ~` I ~~I AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Rachel Contracting, LLC 10900 89th Avenue North, Suite 2 Maple Grove, MN 55369 SURETY (Name and Principal Place of Business}: Hartford Fire Insurance Company Hartford Plaza Hartford, CT 06115 OWNER (Name and Address): City of Columbia Heights 637 38th Avenue Northeast Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Date: April 23, 2007 Amount: $49,676.00 Description (Name and Location}: Removal/Abatement Ofi Restricted or Hazardous Materials & Building Demolition, 50th & Central Avenues, Columbia Heights, MN BOND Date (Not earlier than Construction Contract Date): April 30, 2007 Amni ~nt~ ~dA F7F nn Modifications to this Bond: ® None ^ See Page 3 SURETY Company: Hartford Fire Insurance Company (Corporate Sea!) ~' Signature: t Name and Title': John D. Klein, Attorney-In-Fact ~`` (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Klein Agency Inc other party): 3570 N Lexington Ave #20E St Paul, MN 55126 651-484-6461 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA O' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 1 The Contractor and the 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 to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 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; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 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: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the ~.unauuCtiUii ~,unuact itSeli, tiirOiigli its ageiit5 Or through independent contractors; or 4.3 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 the contractor selected with the Owner's 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 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 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, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses the payment tendered 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. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 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 4; and 6.3 Liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 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 Nrice shall rot be reduced or set of? on account of any such unrelated obligations. No right of action shall accrue on this F3ond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 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. 9 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 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 period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. A(A DOCUMENT A3'f2 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C 20006 A312-1984 THIRD PRINTING • MARCH 1987 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 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. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 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 to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND AFtE AS FOLLOWS: by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by ail valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal} Company: (Corporate Seal} Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMRNCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W , WASHINGTON, D C 20006 A312-1984 THIRD PRINTING • MARCH 1987y Bond #41 BCSEG6947 Executed in Triplicate THE AMERICAN INSTITUTE OF ARCHITECTS I it ~~ ~ ~ ~. AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Rachel Contracting, LLC 10900 89t" Avenue North, Suite 2 Maple Grove, MN 55369 OWNER (Name and Address): City of Columbia Heights 637 38`h Avenue Northeast Columbia Heights, MN 55421 SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company Hartford Plaza Hartford, CT 06115 CONSTRUCTION CONTRACT Date: April 23, 2007 Amount: $49,676.00 Description (Name and Location): Removal/Abatement of Restricted or Hazardous Materials & Building Demolition, 50`h & Central Avenues, Columbia Heights, MN BOND Date (Not earlier than Construction Contract Date); April 30; 2007 Amount: $49,676.00 Modifications to this Bond: ® None ^ See Page 6 C:CINTRAC'.TQR A~ PRIN(_IPAI Company: (Corporate Seal} Rachel Contracting, LLC ~ ~~ Signature: Name and Title: ~~ 6 ~, ~tc.~,°- a tr~ (Any additional signatures appear on page 6) SIIRFTY Company: (Corporate Seal) Hartford Fire Insurance Company Signature: Name and Title:.--John Klajl7, Attorney-In-Fact (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Klein Agency Inc or other party}: 3570 N Lexington Ave #206 St Paul, MN 55126 651 484 6461 AIA dOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING • MARCH 1987 1 The Contractor and the 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. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null slid VOId if file Co~ltractor promptly !makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was uune ur periuniied aiiu 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf ot, or otherwise have obligations to Claimants under this Bond. 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 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mafPrlalC nr PlII !lrlmPllt WPfP fl lYCllShP.rI hV ar1VnC1P. nndP.C the. ......... . ....... ... ..~_.r..._.._ .. _._ .__... _..__ _~ ....~ _. Construction Contract, whichever of (1) or (2} first occurs. if tha rnrni;jcinr?c of this Paragraph are vnirl nr nrohihited by law, the minimum period of limitation 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 signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 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 requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contractor to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.} CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal} Company: (Corporate Seal} Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF On this day of ,before me personally appeared to ?ne known to be the person described in and who executed the forgoing bond, and acknowledged that he executed the same as free act and deed.. Notary Public CORPORATION ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF On this personally came r day of y ~. ~ _ , ~t e.F 2007 ,before me to me known., who being by me duly sworn, did depose and say; that he is the t c.a..- rt~t ~~ ~-~-~-~ the corporation described in and which execute the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his naive thereto by like order. -~:~ ~~ ~, E 3 ~~ a Notary Public SURETY ACKNOWLEDGMENT STATE OF MII~tNESOTA COUNTY OF RAMSEY On this 30th day of April 2007 ,before me appeared John D. Klein to me personally known, who, being duly sworn, did say that he is the Attorney-in-fact of Hartford Fire Insurance Company of I-Dartford, CT that the seal affixed to the foregoing instrument is the corporation seal of said. corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. . ~ ~ ~ K. ~.f~TN - .~d , ~~ ~~_~ Notary Public nis; ~ir~s u~an. 3 Direct Inquiries/Claims to: ®,~I 1 ~1 ` ®1 1 1~ 1 ~J~ 1 P.O. BOX~2 0 6 OD S~ORDENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 41-715419 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Cotmecticut 0 Hartford Casualty Insurance Company, a corporation duly organized tinder the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ol'Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of [llinois Hartford Insurance Company of the Midwest, a corporation. duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: John D. Klein, John C. Klein, Stephen M. Klein, Kristin M. Bakos of St. Paul, MN their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~ n tY ls~~ .:; f,~~XS ~*~,jites bK`o i~~s,u ~iT 3~yv~,f...., a ~.. Q ~) M '~ ~:~eeer,r ,t ~ ~ 1.9x7" ''.°,~~~$ a`tt~,mawraerFa": y~~'.; ~co»it r +~IM-.>~ l x~ea~e ccu{0 Yra1M~1' sa 1$°f,.9°„€j4, aw 1g7~t~ Z J, '~~ ~. " * ~ ~ ~"oewr~ a ~~:rs .:... 1F`y4 • ,~^n,~~xit%o'~¢` - ~e® y~ >'.-'.-(.~m _.~ aasnw++ Paul A. Bergenholtz, Assistant Secretary STATE dF CONNECTICUT ss. Hartford COUNTY dF HAFiTFQRD ~, .._e ~,; .,, } David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ,~y E. P.~ f ~~$4 f fp l~ /'~~1 ~'~ .'_ . ' ' ~ E a,...- t/c_' /._..~G r r~> l ~ ~~ * Scott E. Paseka Notary Public CEFTTIFICATE My Commission 1:xpires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and ccrrect copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 30, 2007. Signed and sealed at the City of Hartford. lf~s r s amxr n ~2Y iypr '`^ Y11<L 1X W.r....-, d t smp`„'§wy y~, t~tm Ems- ~ , v '$~, n;`~ -' ''-~ CCVv : ;tcsecer.rea~ ~ s 1,9 ~ 7" ~~ ~ ; «a vscxxr~? - Y. q~~y ,. ., 8',~ax~e~ncv~~ ~ ~Y81fo14E 2S~~~a ~:1 ~II'~ _'~ - e ~' ~bc.~ '*ra i; lea ~ '!,~^" Gary W. Stumper, Assistant Vice President PUn 2005 ~~~-~ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY} 4 30 2007 PROnucER Klein A enc InC . g Y r 3570 N Lexington Ave. Suite 206 THIS CERTIFICATE IS ISSUED AS A MATTER OF WFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St Paul MN 55126 651-484-6461 INSURERS AFFORDING COVERAGE NAIC# INSURED Rachel Contracting, LLC INSURER A: General Casualt INSURER B: 10 9 0 0 8 9th Avenue INSURER C: Maple Grove MN 55369 INSURER D: , ~ INSURER E. rnvconr_cc 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. INSR LTR oo•L INSR~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD POLICY EXPIRATION DATE MM/DD/Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 OOO~OO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurence) $ __ l O O O O O CLAIMS MADE ~I OCCUR MED EXP (Any one person) $ 5 OOO A CCX0454849 5/01/07 5/01/08 PERSONALBADVINJURY $ 1 OOO OOO GENERAL AGGREGATE $ 2 O O O V O O GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2 OOO OOO POLICY }[ PE~ ~ LOC AUT OMOBILE LIABI LITY COMBINED SINGLE LIMIT 1 OOO OOO $ X ANYAUTO (Ea accitlent) / ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS CBA0454849 5/O1/O7 p 5/O1/O8 BODILYINJURY $ X NON-OWNEDAUTOS (Peraccideni) PROPERTY DAMAGE $ (Peraccidenq GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO EA ACC OTHER THAN $ AUTOONLY~ qGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5 OO O-,- OOO X I OCCUR ~ CLAIMSMADE AGGREGATE , , $ 5 O O O O O O CCU0454849 5/01/07 5/01/08 $ A DEDUCTIBLE $ RETENTION $ $ WCSTATU- OTH- 1M1IhRKFPCr`.r1RAPFN.C_~TI(1N AND 7t T(tRYI IAA(?C FR EMPLOYERS'LIABIL4IY CWC0454849 5/01/07 5/01/08 ~ E.L. EACH ACCIDENT $ 100 , 000 ~ A ANY PROPRIETORlPARTNER/EXECUTIVE ~~rI~ER,ME~~EER EX~~;;~E;,, E.L. DiSEAaE - EA EiviPLOYEE $ 1 V If yes, describe untler SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 5OO OOO OTHER DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES /EXCLUSIONS ADDED BV ENDORSEMENT /SPECIAL PROVISIONS Project: 50th & Central Avenues, Columbia Heights, MN; Jab #07006 The City of Columbia Heights is named as an additional insured on the General Liability Policy as per the endorsement attached to the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION C1ty Of COlumbl.a HelghtS 3O DAYS WRITTEN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 637 38th Avenue Northeast NOTICE TO THE CERTIFICATE HOLDEP. NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Columbia Heights, MN 55421 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED RERRESEi;1iAT``i= ~, AGOKUZ5(LUU1/US) `~^""'•"""~•~ ""^•"'~• •°°°