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HomeMy WebLinkAboutContract 1554 /5 =Sq THIS AGREEMENT, made this 1 s t day of November , 200 0 between the CITY OF COLUMBIA HEIGHTS, MINNESOTA party of the first part, hereinafter called the "City" and referred to in the specifications as the "Owner" and Janice McGhee Fetzer, 11109 Idaho Court, Champlin, MN 55316 party of the second part, hereinafter known as the "Contractor ". WITNESSETH: That the Contractor, for and in consideration of the payment or payments hereinafter specified and by the City to be made at the time and in the manner as herein set forth, hereby covenants and agrees to furnish materials, labor and equipment for the construction of and to construct Winter 2000/01 and Spring 2001 "Heights Happenings" City newsletters including all construction pertinent thereto in the location as shown on the plans, all in accordance with the specifications and plans herewith as prepared by the City Engineer, City of Columbia Heights, Minnesota, acting as and in these Contract Documents entitled the Engineer, for the price and compensation set forth and specified in the Proposal signed by the Contractor and hereto attached and made a part of this Agreement. This Contract shall specifically apply to that certain Proposal submitted by the party of the second part dated September 13 , 2 0 0 0 , and accepted by the party of the first part on _ November 1 2 0 0 0 , and also referred to as Columbia Heights Project # n / a . The City agrees to pay the said Contractor in current funds for the performance of the Contract on the basis of the unit prices as set forth in said Proposal and to pay such sum at the time and in the following manner: $1, 200.00 for Winter 2000 /01 newsletter and $1,200.00 for Spring, 2001 newsletter In monthly installments as the work progresses based on Contractor's estimates to be approved thus by the Engineer. The Contractor also covenants and agrees that all said work and labor shall be done and performed in the best and most workmanlike manner and that all such materials and labor shall be in strict and entire conformity in every respect, with the said specifications and plans and shall be subject to the inspection and approval of the Engineer or his duly authorized representatives, and in case any of said materials or labor shall be rejected by said Engineer as defective or unsuitable, then the same materials all shall be removed and replaced with other approved materials and labor shall be done anew to the satisfaction and approval of said Engineer. The Contractor further covenants and agrees that he will commence work within 14 days after receipt of an Order to Proceed, and will have same completed in every respect to the satisfaction and approval of the Engineer aforesaid 50 days after receipt of authorization to proceed with the construction or installation of same as described in the specifications. -2- It is understood and agreed that no claim for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, and this Contract unless such work is ordered in writing by the Engineer. In no event shall the Contractor incur any liability by reason of any oral directions or instructions that may be given by said . Engineer or authorized representatives, nor will the City be liable for any materials furnished or used, or for any work or labor done, unless said materials, work or labor are required of said Contractor on written order as required above. Any such work or materials which may be done or furnished by the Contractor's own risk, cost, and expense, and he hereby covenants and agrees that without such written order he shall make no claim for compensation for work or materials so done or furnished. In hiring of common or skilled labor for the performance of work under this Contract, the Contractor, any subcontractor hereunder, material supplier, or vendor shall not, by reason of race, creed, or color, discriminate against any person or persons who are citizens of the United States who are qualified and available to perform the work to which such employment relates. The Contractor, any subcontractor hereunder, material supplier, or vendor, shall not, in any manner, discriminate against, or intimidate, or prevent the employment of any such person or persons, or on being hired, prevent, or conspire to prevent, any such person or persons from the performance of work under any contract on account of race, color, or creed. Any violation of this section shall be a misdemeanor. This Contract may be cancelled or terminated by the City, and all money due, or to become due hereunder, may be forfeited for a second or any subsequent violation of the terms or conditions of this Contract. This paragraph is inserted in the Contract to comply with the provision of Minnesota Statutes, Section 181.59. The Contractor agrees to comply with the OSHA Compliance Form, incorporated by reference herein as Exhibit A, during the life of this Contract. The Contractor also agrees to comply with the Affirmative Action Compliance Form, incorporated by reference herein as Exhibit B, unless otherwise specified. The Contractor further agrees to take all precautions to protect the public against injury and to save the City harmless from all damages and claims of damages that may arise by reason of any negligence of the Contractor or the Contractor's agents or employees while engaged in the performance of this Contract, and will indemnify the City against all claims, liens, expenses, and claims for liens for work, tools, materials, machinery, or insurance premiums or equipment of supplies and against all loss by reason of the failure of the Contractor in any respect to fully perform all obligations of the Contract. In case any questions or disputes arise between the parties hereto respecting any matter pertaining to this Contract, or any part hereof, said questions or disputes shall be referred to the Engineer, and his decision thereon shall be binding upon the parties hereto, provided said decision is in writing and signed by him. If there is conflict between the specifications and this instrument, the specifications shall govern. -3- IN WITNESS WHEREOF: The said City of Columbia Heights, Minnesota, and said Janice McGhee-Fetzer have hereunto set their hands and seals the day and year first above written. IN PRESENCE OF: CITY OF COLUMBIA HEIGHTS,MINNESOTA By Mayor By�� City M. aver IN PRESENCE OF: By 22L- U— '7J Janice McGhee- Fetzer 11109 Idaho Court Title Champlin, MN 5531E Company 7/95