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HomeMy WebLinkAbout2020-3062.24.... . EDA IN AND FOR THE CITY OF COLUMBIA HEIGHTS CONTRACT FOR DEMOLITION OF SITE IMPROVEMENTS, SITE GRADING, AND UTILITY WORK AT4441 CENTRAL AVE. NE. For valuable consideration as set forth below, this Contract dated the 15th day of October, 2020, 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 ("EDA") and JACON DEMOLITION LLC., a Minnesota limited liability corporation ("Contractor"). I.CONTRACT DOCUMENTSContractor hereby promises and agrees to perform and comply with all the provisions ofthis Contract pursuant to the specifications for demolition and site grading attached hereto as Exhibit A for the residential property located at 4441 Central Ave. NE., Columbia Heights, Minnesota ("Property"). The Contract including specifications in Exhibit A shall comprise the total agreement of the parties hereto. No oral order, objection, or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2.THE WORKThe work to be performed by Contractor under this Contract (hereinafter the "Work"), isdefined in the Proposal as demolition of all building and site improvements located on the Property and re-grading of the Property. As part of the Work, Contractor agrees to remove all excess material from the Property. 3.CONTRACT PRICEThe EDA agrees to pay Contractor the sum of $21,988 in exchange for Contractorfurnishing 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 DAMAGESContractor shall complete all Work on or before May 31, 2021 ("Completion Date").Due to the difficulty in ascertaining and establishing the actual damages which the EDA or City would sustain, liquidated damages are specified as follows for failure of Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date of May 31, 2021, Contractor shall pay the EDA $50.00 per day as liquidated damages. 5.INSURANCE -1- Contract #2020-3062.24 Before beginning actual work under this Contract, Contractor shall submit to the EDA and obtain the EDA's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage, and listing the Contractor as a loss payee under the policies: a.General Contractor Liability:$1,000,000.00 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-contributory basis, including completed operations. This certificate 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 coverage will 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 coverage is primary coverage notwithstanding any insurance coverage carried by the EDA that may apply to injury or damage relating to the maintenance or repair of the City streets or rights-of-way by either the City, EDA or any employee, agent, independent contractor or any other person or entity retained by the City or EDA to perform the services described herein. All insurance is subject to the review and approval of the Columbia Heights City Attorney. 6.LAWS, REGULATIONS AND SAFETY Contractor shall give all notices and comply with 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.INDEMNIFICATION To the fullest extent permitted by law, 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 attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) 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 part 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 part by a party indemnified hereunder. -2- 8.ASSIGNMENT Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the EDA. 9.NOTICE The address and telep hone number of Contractor for purposes of giving notices and any other purpose under this Contract shall be 3900 Labore Road Vadnais Heights, MN 55110, (651) 426-8561. The address of the EDA for purposes of giving notices and any other purposes under this Contract shall be 590 40th Ave. NE. Columbia Heights, MN 55421. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS By: JACON �' LLC. By:�� Its: -3-