Hampden, ss ‘COMMONWEALTH OF MASSACHUSETTS: Superior Court Department Civil Action No. CITY OF HOLYOKE, v. Plaintiff NASDI, LLC, 1. Defendant COMPLAINT AND DEMAND FOR JURY TRIAL = THE PARTIES ‘The Plaintiff, City of Holyoke (the “City”), is municipal corporation duly organized by the laws of the Commonwealth having a principal place of business at 536 Dwight Street, Holyoke, Hampden County, Massachusetts, 01040. The Defendant, NASDI, LLC (“NASDI”), is a foreign Limited Liability Company organized pursuant to the laws of Delaware having a principal place of business at 39 Olympia Avenue, Wobum, Middlesex County, Massachusetts, 01801. STATEMENT OF FACTS The City is the owner of the property located at 400 High Street, Holyoke by virtue of a final judgment of the Land Court in a tax lien case entered on May 24, 2013 and recorded at the Hampden County Registry of Deeds in Book 19864, Page 551. At the time that the City acquired title, the property at 400 High Street consisted of an approximately eight (8) story brick building built in the 1800s that was formerly known as the Essex Hotel.10. i. 12. 13. On or about January 7, 2014, the Holyoke City Council approved emergency ~ spending for the demolition of 400 High Street, On or about January 23, 2014, the City prepared plans and sought bids for the temporary shoring of the building at 400 High Street in order to stabilize the building and protect adjacent properties until full demolition plans could be prepared. ‘On or about March 10, 2014 the City issued an Invitation for Bids for the complete demolition of 400 High Street. On or about March 27, 2014, the contractor selected for the temporary shoring work notified the City that it was unable to complete the work Asa result, the City issued Addendum #3 to the Invitation for Bids for the demolition of 400 High Street, which removed the temporary shoring plans from the contract drawings and required the demolition contractor to design and provide all required temporary shoring measures as part of their bid Following two bid protests that resulted in the project being re-bid, on or about June 19, 2014, the City opened the bids for the second re-bid demolition and temporary shoring of 400 High Street. The Defendant, NASDI, LLC was the low bidder. On or about July 8, 2014, the City Treasurer advised the Holyoke City Council that their January 7, 2014 approval of emergency spending had expired. ‘On or about August 5, 2014, an order to approve a bond for the demolition of 400 High Street was submitted to the Holyoke City Council; the order for the bond was approved by the City Council on or about September 24, 2014. ‘On or about October 14, 2014, the approval of the bond became effective pursuant to MGLL. ¢. 44, § 8A.14, 15. 16. 7. 18. 19. 20. 21. On or about October 15, 2014, City officials met with representatives of NASDI to discuss the schedule for the project. On or about October 22, 2014 the City issued Notice of Award to NASDI. In addition to accepting the base bid for demolition and temporary shoring, the City accepted Bid Altemate 1 for the work to be completed within forty-five (45) calendar days, The Notice of Award stated that the contract times for completion of the project, would commence on November 15, 2014 in order to provide notice to an abutting property owner that needed to vacate its building, though work other than exterior demolition could begin sooner. On or about November 3, 2014, the parties executed a contract for the demolition of 400 High Street, On or about November 7, 2014 the bakery located at 408 High Street, directly adjacent to 400 High Street, closed and vacated its building in anticipation of the demolition. As of December 3, 2014, NASDI had failed to submit an application for a demolition permit to the City Building Department. As of the morning of December 11, 2014, NASDI had failed to submit plans for the protection of the adjacent buildings or for the temporary shoring of 400 High Street. On or about December 11, 2014, at approximately noon time, a portion of the building at 400 High Street collapsed. The partial collapse caused significant damage to the adjacent property at 394 High Street, with bricks and debris falling though the roof of the three story building.22. 23, 24, 26. 27. 28. 29. 30. 31. Asa result of the partial collapse of 400 High Street, the building at 390 High Street, which consists of nine (9) residential apartments and a restaurant, was evacuated. On or about December 12, 2014, NASDI submitted a protection plan for the adjacent structures that no longer included protecting the building at 394 High Street. On or about January 2, 2015, NASDI began demolition of 400 High Street. On or about January 15, 2015, residents and businesses were allowed to return to and. re-occupy 390 High Street. On or about March 5, 2015, the bakery located at 408 High Street was allowed to be re-occupied. The final site work, seeding the now-vacant lot at 400 High Street, was completed by NASDI on or about October 23, 2015. To date, the building at 394 High Street, which formerly housed a hair salon and a church, has not been re-occupied as a result of the damage that occurred from the partial collapse and additional damage that occurred during the actual demolition. COUNT I- BREACH OF CONTRACT The City hereby restates and re-alleges paragraphs 1-28 as if fully set forth herein, NASDI breached its contract with the City, including but not limited to, by failing to ‘complete the work in the time required by the contract and Bid Alternate 1; failing to adequately protect the adjacent properties; failing to install temporary shoring and failing to repair damage caused by the demolition. As a result of NASDI’s breach, the City has incurred and will continue to incur damages, including but not limited to liquidated damages for each day that the work ‘was not substantially.completed in accordance with the terms of the contract.33. 35. 36. 37. 38. 39. COUNT I - NEGLIGENCE ‘The City hereby restates and re-alleges paragraphs 1-31 as if fully set forth herein. NASDI was negligent, including but limited to, by failing to install any protection for the building at 394 High Street; failing to install temporary shoring of 400 High Street and by failing to protect adjacent buildings from further damage during the actual demolition of 400 High Street, As a result of NASDI’s negligence the City has incurred and will continue to incur damages including but not limited to, the costs of providing alternative housing to the residential tenants of 390 High Street who were displaced following the partial collapse; relocation expenses for the restaurant at 390 High Street that was closed following the partial collapse; relocation expenses for the adjacent properties at 394 High Street and 408 High Street; and other damages to adjacent property owners. COUNT II — BREACH OF WARRANTIES ‘The City hereby restates and re-alleges paragraphs 1-34 as if fully set forth herein. NASDI made express and/or implied warranties to the City. ‘NASDI has breached its express and/or implied warranties, and as a direct and proximate result the City has incurred and will continue to incur damages. COUNTY IV - CONTRACTUAL INDEMNITY The City hereby restates and re-alleges paragraphs 1-38 as if fully set forth herein. In the Parties” contract, NASDI agreed to indemnify and hold harmless the City from and against any injuries or damages incurred by the City as a result of its acts or ‘omissions.40.» ‘The City has incurred and will continue to incur damages as a direct and proximate result of the wrongful acts or omissions of NASDI. 41, NASDIis liable to the City for contractual indemnity for all such damage. WHEREFORE, the Plaintiff demands that following a jury trial on all counts so triable, judgment be entered in its favor and the Defendant be ordered to: 1. Pay actual damages to the Plaintiff in the amount of all relocation costs and other expenses paid to abutting residents and/or property owners as the result of NASDI's negligence and breach of contract; 2. Pay liquidated damages in the amount of $1,000.00 per day for each day that the work was not substantially completed in accordance with the requirements of the contract; 3. Order NASDI to indemnify and hold the City harmless from any and all claims or damages as a result of the work under the contract; 4, Order NADI to pay the Plaintiff's attomeys fees and costs of this action; and 5. Order any other relief that the Court deems just and equitable. Respectfully submitted, Plaintiff, City of Holyoke, By its attorney, le Kea (awh Cnke— Kara Lamb Cunha, BBO#660503 ‘Assistant City Solicitor City of Holyoke Law Department 20 Korean Veterans Plaza Holyoke, MA.01040 (413) 322-5580 (413) 322-5581 fax cunhak@holyoke.org Dated: