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2021-4042
Contract # 2021-4042 CITY OF COLUMBIA HEIGHTS CONTRACT FOR ENVIRONMENTAL REMEDIATION FORMER ROOT PROPERTY (3930 UNIVERSITY AVENUE NORTHEAST) Page 1 of 3 For valuable consideration as set forth below, this Contract dated the 23rd day of November, 2021, is made and entered into between the City of Columbia Heights, a public body corporate and politic created pursuant to the laws of the State of Minnesota ("City") and Veit & Company, Inc. , a Minnesota limited liability corporation ("Contractor"). CONTRACT DOCUMENTS Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract pursuant to the Specifications for Environmental Remediation refererred hereto as Bid Request -Bid Schedule for the Former Root Property located at 3930 University Avenue. NE., Columbia Heights, Minnesota ("Property" or "Site"). The Contract including Specifications in Bid Request -Bid Schedule 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 terns or obligations contained in this Contract. THE WORK The Work to be performed by Contractor raider this Contract (hereinafter the "Work"), is defined in the Bid Request -Bid Schedule as clearing & grubbing of trees and brush, abatement or removal of regulatedthazardous materials from buildings, building demolition/removal of building foundations, excavation, hauling & disposal of contaminated soils and interim grading. As part of the Work, Contractor agrees to remove all excess material from the Property. 3. CONTRACT PRICE The City agrees to pay Contractor the sum of $ 79,480.00 in exchange for Contractor furnishing 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 DeCt r ber 17 , 2021 ("Completion Date"). Due to the difficulty in ascertaining and establishing the actual damages which the 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 December 17, 2021, Contractor shall pay the City $50.00 per day as liquidated damages. CITY OF COLUMBIA HEIGHTS CONTRACT FOR ENVIRONMENTAL RE,MEDIATION FORPMER ROOT PROPERTY (3930 UNIVERSITY AVENUE NORTHEAST) Page 2 of 3 5. INSURANCE Before beginning actual work under this Contract, Contractor shall submit to the City and obtain the City'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 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 City of intent to cancel. The certificate must further provide that Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City 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, or any employee, agent, independent contractor or any other person or entity retained by the City 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, and its 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 perfonnance 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 —2— CITY OF COLUMBIA HEIGHTS CONTRACT FOR ENVIRONMENTAL REMEDIATION FORMER ROOT PROPERTY (3930 UNIVERSITY AVENUE NORTHEAST) Page 3 of 3 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. 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 City. 9. NOTICE The address and telephone number of Contractor for purposes of giving notices and any other purpose under this Contract shall be:14000 Veit Place Rogers, MN 55374 The address of the City for purposes of giving notices and any other purposes under this Contract shall be 590 40`r' 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. CITY OF COLUMBIA HEIGHTS By: Kel i Bourg ois Its: City Manager CONTRA R B Its: Ge erat Counsel and l —3— / ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11/24/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kraus -Anderson Insurance 420 Gateway Blvd Burnsville MN 55337 CONTACT NAME: Certificates Department PHONE FAX AIC No Ext : 952-707-8200 A/C No): 952-890-0535 ADDRESS: Certificates@kainsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Arch Insurance Company 11150 INSURED VEIT&CO-03 INSURER B : Navigators Insurance Company 42307 Veit & Company, Inc 14000 Veit Place INSURER C : Endurance American Specialty 1 41718 INSURERD: Allied World Assurance Company 19489 Rogers MN 55374 INSURERE: Arch Indemnity Insurance Compa 30830 INSURER F : COVERAGES CERTIFICATE NUMBER: 1797573392 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 51PKG8956202 1/1/2021 1/1/2022 EACH OCCURRENCE $2,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 300,000 X MED EXP (Any one person) $ 10,000 Contractual Liab X XCU Coverage PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY jEO- Fv1 LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y 51PKG8956202 1/1/2021 1/1/2022 COMBINED SINGLE LIMIT Ea accident $2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L X 1 $ MCS-90 B C UMBRELLA LIAB EXCESS LIAB X I OCCUR CLAIMS -MADE Y Y CH2OEXC2046971V E LD30000907801 1/1/2021 1/1/2021 1/1/2022 1/ 1 /2022 EACH OCCURRENCE $15,000,000 X AGGREGATE $ 15,000,000 DED X RETENTION $ n $ E A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N Y 54WC18956002 51WC18955902 1/1/2021 1/1/2021 1/1/2022 1/1/2022 X PER I OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NI N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Pollution Legal Liability 0309-9409 1/1/2021 1/1/2022 Each Incident: $5,000,000 Claims Made Form Aggregate: $10,000,000 Retention: $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project #210442; Contract #C0007329; Root Property The Certificate Holder and Anoka County are Additional Insureds under the Commercial General Liability and Excess Liability on a Primary/Non-Contributory Basis when required by written contract. A Waiver of Subrogation in favor of the Additional Insureds applies to the Commercial General Liability, Auto Liability, Excess Liability and Workers Compensation Policies when required by written contract. 30 Day Notice of Cancellation Applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Columbia Heights 590 4th Ave NE AUTHORIZED REPRESENTATIVE t h n Columbia Heights, MN 55421 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 51 PKG8 95 62 02 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED OF YOU BY A WRITTEN CONTRACT EXECUTED PRIOR TO ANY "ACCIDENT", PROVIDED THAT THE "ACCIDENT" ARISES OUT OF OPERATIONS COMPLETED BY SUCH CONTRACT. THE WAIVER APPLIES ONLY TO THE PERSON OR ORGANIZATION DESIGNATED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 51 PKG8956202 COMMERCIAL GENERAL LIABILITY CG20101001 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All parties where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization • shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. • B. With respect to the additional insureds, added: 2. Exclusions insurance afforded to these the following exclusion is This insurance does not apply to "bodily inju- ry" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 • do POLICY NUMBER: 51 PKG8956202 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All parties where required by written contract Location And Description of Completed Operations: Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations haz- ard". CG20371001 © ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: 51PKG8956202 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAI N ST _O_THERS_TO-U S- --- This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE LOSS I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: M waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. r � r--7 L J • CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ■❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) POLICY NUMBER: 54WCI8 95 60 0 2 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2021 Policy No. 54WC18956002 Endorsement No. Insured VEIT & COMPANY, INC. Premium INCL. Insurance Company ARCH INDEMNITY INSURANCE COMPANY Countersigned By WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. FINAL COMPENSATION CHANGE ORDER Project: Environmental Remediation of 3930 University Ave Owner: City of Columbia Heights Date of Issuance: April 11, 2022 590 40'h Ave. N E Columbia Heights, MN 55421 Contractor: Veit & Company, Inc Community Development Department 14000 Veit Place Rogers, MN 55374 You are directed to make the following changes in the contract documents: Description: Change in original contract price for unexpected increase in scope of work Item Description Total Price Abatement and removal of regulated/hazardous material from Buildings, building demolition/removal of building foundations, $14,239,00 Excavation, hauling & disposal of contaminated soils, and interim Grading Purpose of Change Order: The contract has been modified to include the additional hazardous material that had been remediated. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: $79,480.00 Original Contract Time: Previous Change Orders No. _ to No. e Net Change from Previous Change Order: None Contract Price Prior to the Change Order: Contract Time Prior to This Change Order: $79,480.00 Net Increase (Decrease) of this Change Order: Net Increase (Decrease) of Change Order: $14,239.00 Contract Price With all Approved Change Orders: Contract Time wi Approved Change Orders: $93,719.00 Reeomm de 1 By: -- By: _ By: Community Development !rector Veit & Cam any, Inc. City Maaanag e I Bourgeois ( %I 2Z Mayor, Amada Marquez Simula Date of Council Action