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HomeMy WebLinkAbout2019-2976EDA I\" AND FOR THE CITY OF COLU\1BIA HEIGHTS COJ\TRACT FOR DEMOLITION OF SITE IMPROVEMENTS, AND SITE GRADING AT 4827 UNIVERSITY A VE. �E. For , aluable consideration as set forth belo,,. this Contract dated the _Lo_ day of NO\ ember. 2019. is made and entered into between the Economic Development Authority in and for the City of Columbia Heights. a public body corporate and politic created pursuant to the laws of the State of Minnesota ("FDA") and JACON DEMOLITION LLC.. a Minnesota lirrnted liability corporation ("Contractor"). I. CONTRACT DOCUMEJ\'TS Contractor hereby promises and agrees to perform and comply ,, ith all the provisions of this Contract pursuant to the specifications for demolition and site grading attached hereto as Exhibit A for the re�idential property located at 4827 University Ave. NE .. Columbia Heights. Minnesota ("Property"). The Contract including specifications in E"hibit A shall comprise the total agreement of the parties hereto. No oral order. objection. or claim by any pany to the other shall affect or modif) any of the terms or obligations contained m this Contract. 2 THE WORK The v.ork 10 be perfonncd by C.ontractor under 1h1s Contract (hereinafter the "Work''). is delin,:d 1!l the Proposal as demolition of all building and site impro, emenb located on the Property and re-grading of the Propcny As part of the Work. Contractor agrees to remove all rexcess material fom the Property. 3. CONTRACT PRJCE fhc .l:DA agrees 10 pay Contractor the sum of S 18.875 in exchange for Contractor furnbh111g labor and materials for the Work at the Property. payable within 30 days of Contractor's completion of the Work. Contractor may start work on this project upon its execution of this Contract and providing proof of insurance pursuant to paragraph 5. 4. COMPLETION DATE/LIQUIDATED DAMAGES Contractor shall complete all Work on or before December 31. 2019 ("Completion Date"). Due to the difficulty in ascertaining and establishing the actual damages which the EDA or City would sustain. liquidated damages arc specified as follows for failure of Contractor to complete his perfonnance under this Contract by the Completion Date: for c,ery calendar day that the Contract shall remain uncompleted beyond the Completion Date of December 31. 2019. Contractor shall pay the EDA S50.00 per day as liquidated damages. :'i. J:',;SURA:\CE _,_ 2019-2976 Before bcgmnmg actual \\ ork under this Contract. Contractor shall subn111 to the EDA and obtain the EDA's appro\al of a ce11ificate of insurance on Standard Fonn C.I.C.C.-701 or ACORD 25 forms. sho\, ing the following insurance coverage, and listing the Con1racto1 as a loss payee under the policies: $ J ,000.000.00 a.General Contractor Liability: b.Workman's Compensation: Statutory Amounts The EDA and the City shall be named as an Additional Insureds in regard to the General Contractor Liability forms where required by written contract on a primary and non-contributor) hasis, mcluding completed operations. This ccnificate 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 eo,·erage ,, ill not be canceled by the insurance company without 30 days written notice to the EDA of intent to cancel. The certificate must further provide that Contractor"s insurance co, erage is primar) coverage notwithstanding any insurance coverage carried by the EDA that may apply to injury or damage relating to the mamtenance or repair of the City stree1s or rights-of-way by either the Ci1y. EDA or any employee. agent. mdcpendent contractor 01 an), other person or entity retained b) the City or EDA to perfom1 the sen·ices described herein. All insurance is subject to the re,·ic\\ and appro\al of the Columbia Heights City A1tomey. 6. LAWS, REGULA TIO NS AND SAFETY Contractor shall give all notices and comply w11h all laws, ordinances. rules. and regulations applicable to performance under this Contract. Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. J DEMNIFICATION To the fullest extent permitted by Jaw, Contractor shall indemnify and hold harmless the City. EDA, their agents and employees from and against all claims. damages, losses and expenses. including but not limited to at1orncy'5 fees, arising out of or resulting from the performance of Work. provided that any 5uch claim, damage. loss or expense (I) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in pan by any negligent act or omission of Contractor, any Subcontractor. anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in pan by a pany indemnified hereunder. _..,_ 8. ASSIG:\\fE�T Contrnctor shall not assign or transfer. whether by an assignment or no,·ation or otherwise. any of its nghrs. duties, benefits. obligations. liabilities or responsibilities without prior written consent of the FDA. 9 NOTICE The address and telephone number of Comractor for purposes of giving notices and any 01he1 purpose under this Contract shall be 3900 Lahore Road Vadnais Heights. MN 55110. (651) 426-8561. The address of the l::DA for purposes of gi\ ing notices and an) other purposes under tills Contract shall be 590 40th A vc. NE. Columbia Heights. '.\1N 55421. ['\ \\lT:\'ESS WHEREOF. the parties to this Contract hmc hereunto set their hands and seals as of the day and year first abo\"e ,, rittcn ECONO:\-JIC DE\'ELOPJ\1£1\T AUTHORJTY IN AND FOR THE CITY OF COLl'MBIA HEIGHTS B)� Bour�----lts: I:xecuti,c ector JACON DEMOUTIO:\', LLC. By: £Jc-l-�Its: -3-