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HomeMy WebLinkAboutContract 1777COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY WORK AGREEMENT This Agreement is made this/2th day of May 2004, by and between the Columbia Heights Economic Development Authority (the "EDA") and' Southern Minnesota Environmental Technologies, Inc. (the "Contractor") for Asbestos Abatement at 825 41st Avenue Northeast (NEI Technical College) WITNESSETH: WHEREAS, the EDA desires to have performed or constructed the services or facilities described in the Contract Documents (the "work"); WHEREAS, Contractor represents that it has the necessary personnel, experience, competence, and legal ri~t to perform the Work; WHEREAS, the EDA Board of Commissioners has adopted a Resolution authorizing the EDA staff to enter a contract for the completion of the Work specified herein. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. WORK TO BE COMPLETED ... The Work shall be performed in strict accordance with the Contract Documents. The Contractor shall carefully review all of the Contract Documents before performing the Work and shall promptly call to the attention of the EDA any discrepancy or inconsistency which may exist between any two or more documents or between any parts of the same document. The EDA shall have discretion as to how to address any such discrepancy or inconsistency and shall modify, interpret, or adjust the Contract Documents accordingly as the case may be. 2. CONTRACT DOCUMENTS ... The Contract Documents shall consist of the Work Agreement, the Scope of Work and Specifications attached hereto as schedule A, the plans and drawings prepared by or on behalf of the EDA in connection with the Work (where specified), all 32nendment Request Certificates approved by the EDA, all Change Orders issued by the EDA, the Notice to Proceed, the Sworn Construction Statement, the Completion Certificate, and written interpretations of the Contract Documents issued by the EDA. The Contract Documents shall, insofar as is possible, be interpreted to be consistent with one another. Any inconsistencies shall be addressed in accordance with paragraph 1 of this Agreement. 3. PERMITS AND REGULATIONS ... Prior to conmaencing the Work, the Contractor shall secure all necessary building permits and licenses as may be required, and before and during the progress of the Work, ~ve all notices and comply with all the laws, ordinances, rules, and regulations of every kind and nature now or hereafter in effect that are promulgated by any federal, state, county, or other governmental authority, relating to the performance of the Work. If the Contractor's performance is contrary to any such law, ordinance, rule, or regulation, it shall bear all costs arising there from. Contractor specifically agrees to abide by and observe all standards and regulations of the Occupational Safety and Health Administration, which are applicable to the Work. 4. PROSECUTION OF THE WORK... The Contractor shall at all times prosecute the Work diligently so as to insure its completion in full accordance with the Contract Documents and shall at all times furnish sufficient numbers and amounts of properly skilled Workers, acceptable materials and equipment, adequate services, construction tools, and equipment. The Work shall be perforn~ed in a good and Workmanlike manner. Contractor shall keep the Work site clean and orderly during the course of the Work and remove all debris at the completion of the Work. If the Contractor is negligent in these areas, the EDA and City reserves the right to perform this work with its own forces at overtime rates. The costs of such work shall be charged to the Contractor. The Contractor will adequately protect the Work from damage, will protect the property from injury or loss, and will take all necessary precautions during the progress of the Work to protect all persons and the property of others from injury or damage. The Contractor will assume full responsibility for all its tools and equipment and all materials to be used in connection with the Work. Materials and equipment that have been removed and replaced, as part of the Work shall belong to the Contractor unless agreed otherwise. 5. COMMENCEMENT AND COMPLETION OF WORK; LIQUIDATED DAMAGES... The Work shall commence on June 7th, 2004 and be satisfactorily completed in the opinion of the EDA by July 2, 2004. In the event the Work is not commenced within ten (10) days of the date specified, the EDA may dismiss the Contractor without any compensation whatsoever and appoint a substitute Contractor(s). If the Contractor is unable to commence the Work by the specified date, it must promptly notify the EDA. In the event the Work is not completed by the specified date, the Contractor and its sureties shall be assessed liquidated damages of one percent (1%) of the total Contract Price or fifty dollars ($50.00), whichever is greater, per day for each calendar day of delay excluding Saturday, Sunday, and legal holidays. This sum shall be deducted from the Contract Price at the time of payment. This provision for liquidated damages represents the best estimate by the EDA and the Contractor of loss suffered by the EDA due to failure to complete the Work on time, and shall not be, or is deemed to be, a penalty or forfeiture. This provision for liquidated damages is in addition to any and all other rights and remedies to which the EDA may be entitled at law or in equity in connection with this Agreement. 6. EXCUSABLE DELAYS ... The following circumstances, and only these circumstances, will, at the EDA's discretion, be considered legitimate cause for a change in the co~umencement and/or completion dates specified in paragraph 5 of this Agreement: Material delay -- material delays that are beyond the control of the Contractor, which can be shown to have directly caused the overall late completion. Adverse weather conditions -- weather conditions that directly affect the scheduling of exterior work over a significant portion of the term of this Agreement. Strikes -- Contractors who face union work stoppage in the case where they have to rely on such a work force in order to complete the Work. Amendments -- significant amendments in the original scope of work, which can be reasonably shown to require an extension of the time, allowed for completion. Emergencies -- accidents, death or illness in the immediate family of the Contractor, which necessitates a significant leave of absence from the job. Proven lack of cooperation from persons in possession of the property resulting in significant delays. g. Proven lack of cooperation from the Contractor's agents resulting in significant delays. 7. AMENDMENT REQUEST CERTIFICATE ... Changes in the scope, specifications, or cost of the Work that are proposed by the Contractor subsequent to the execution of this Agreement shall be considered Amendments. No such Amendments shall be made without prior written approval by the EDA. Any Amendment proposed by the Contractor shall be submitted via an g2uendment Request Certificate. The Amendment Request Certificate must: (a) be signed and dated by the Contractor; (b) specify how the Work is to be amended and the cost for such Amendments; and (c) specify the reason for any cost increase/decrease resulting from the Amendment(s). The EDA will approve or disapprove the Amendment Request Certificate after appropriate review and property inspection. If approved, a copy of the signed Amendment Request Certificate will be forwarded to the Contractor. Upon receipt by the Contractor of the approved Amendment Request Certificate, the approved Amendment(s) may be implemented. All Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the EDA. No such Amendment Request Certificate shall be deemed to constitute a waiver of any remaining covenant, agreement, term, or condition contained in the Contract Documents. 8. CHANGE ORDER ... The EDA shall have the right, within the general scope of the Work and without notice to any surety or sureties of the Contractor, to make changes in the Work, either by altering the nature of the same or by adding to or deducting from it. All changes shall, except in the case of emergencies endangering the safety of persons or property, be made by written Change Order. The Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract Documents. 9. GENERAL GUARANTY... The Contractor hereby guarantees to the EDA that all of the Work shall be done in competent, workman-like manner and that such Work shall be and remain free of defects in workmanship and materials for a period of one (1) year from the date of the EDA executes the Completion Certificate pursuant to paragraph 17 of this Agreement. The Contractor warrants that all materials and equipment furnished in connection with the Work will be new, unless otherwise specified, and be of good quality and free from faults and defects. The Contractor shall assign to the EDA (if assignable) or enforce for the benefit of the EDA (if not assignable) any guarantees provided by manufacturers or sellers of machinery materials or equipment that are to be incorporated into the Work. The EDA's acceptance of the Work shall not be deemed to be a waiver of any of the EDA's rights under this paragraph. 10. WAIVER OF LIABILITY... It is agreed that the Work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the EDA and the City of Columbia Heights from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. INDEMNIFICATION ... Any and all claims that arise or may arise as a consequence of any act or omission on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the Work shall in no way be the obligation or responsibility of the EDA or the City of Columbia Heights. The Contractor shall indemnify, hold harmless, and defend the EDA and the City of Columbia Heights, its commissioners, council members, officers, employees, successors, and assigns against any and all liability, loss, cost, damages, expenses, claims, or actions, including attorney's fees which the EDA or the City of Columbia Heights, its commissioners, council members, officers, or employees may hereinafter incur or be required to pay on account of injury to or death of any person or persons or damage to any property arising out of or by reason of any act or omission of the Contractor, its agents, servants, or employees in the execution, performance, or failure to adequately perform its obligations under this Agreement, whatever the cause of such injuries or damage. 12. INSURANCE... The Contractor agrees that in order to protect itself, the EDA, and the City of Columbia Heights under the indemnity provisions set forth in paragraph 11 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: Workers Compensation Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are customarily provided in worker's compensation policies issued in Minnesota. Contractor further agrees to require all subcontractors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent contractors with the applicable statutes. Con2mercial General Liabili_ty Insurance. The Contractor shall maintain Occurrence Based Commercial General Liability Insurance ("CGL"), providing coverage on an "occurrence", rather than on a "claims made" basis, which policy shall include coverage for the Completed Operations Hazard, and which shall also include a Broad Form General Liability Endorsement, IS0 number GL 0404, or an equivalent form (or forms), so long as such an equivalent form (or forms) affords coverage which is in all material respects at least as broad. Any equivalent form (or forms) of coverage shall be approved by the EDA. The Contractor agrees to maintain total liability policy limits of at least One Million Dollars ($1,000,000), applying to liability for Bodily injury, Personal injury, and Property Damage, which total limits may be satisfied by the limits afforded under its Occurrence Based CGL policy as specified above, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying occurrence based CGL Policy as specified above. Automobile Liability InsUrance. The Contractor shall maintain automobile liability insurance covering liability for Bodily injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned, and hired automobiles and other motor vehicles. Such policy shall provide total liability limits for combined Bodily injury and/or Property Damage in the amount of at least One Million Dollars ($1,000,000) per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying automobile liability insurance policy. The EDA and the City of Columbia Heights shall be named as "additional insured" parties with respect to the insurance policies specified in Co) and (c) above. The Contractor shall not Commence work until a Certificate of Insurance evidencing all of the insurance policies required above is approved and a written Notice to Proceed is issued by an authorized representative of the EDA. The EDA shall, at any time during the term of this agreement, have the right to require that the Contractor secure any additional insurance, or additional feature to existing insurance, as the EDA may reasonably require for the protection of its interests or those of the public. It is expressly understood that the EDA does not in any way represent that the minimum insurance coverage set forth in this paragraph is sufficient or adequate to protect the interest or liabilities of the Contractor. 13. BOND... The Contractor shall furnish payment and performance bonds, issued by a surety acceptable to the EDA, at least equal to the Contract Price as that amount may be amended from time to time:and including, but not be limited to coverage for liquidated damages provided for in paragraph 5 of this Agreement, and the period of coverage by any warranty required by the Work. The bonds shall remain in effect for one year after the date the Completion Certificate is executed by the EDA and for any warranty period required by the Work, whichever date is later. The premiums for such bonds shall be deemed to be included in the Contract Price, and no additional compensation shall be payable to the Contractor with respect to such bonds. No Change Order, approval or disapproval of an Amendment Request Certificate, changes in the commencement and/or completion dates pursuant to paragraph 5, failure to enforce any rights arising under the Contract Documents, or other act or forbearance of the EDA shall, unless specifically agreed to otherwise by the EDA, operate to release or discharge any surety or sureties under any such bond. 14. LIEN WAIVER ... Neither the Contractor nor any subcontractor or other person or entity furnishing labor, equipment, or materials in connection with the Work shall file any mechanic's lien against the EDA's buildings, structures or land or any part thereof. The Contractor shall protect, defend, indemnify, and hold hanuless the EDA and the City of Columbia Heights from any and all claims, demands, or actions of whatever nature arising out of work, labor, equipment, or materials furnished by the Contractor or its subcontractors in connection with the Work. Payment of the Contract Price shall not be due until the Contractor has delivered to the EDA lien waivers acceptable to the EDA, which release the EDA from all liens that may arise in connection with the Work. The Contractor shall list below the names of all suppliers and/or subcontractors that will provide materials, services, or labor in connection with the Work. The Contractor will notify the EDA of any changes in this list prior to the commencement of the Work. 15. CONTRACT PRICE ... The Contractor agrees to furnish all work, labor, materials, and equipment necessary to complete the Work as set forth in the Contract Documents for the sum of Forty Eight Thousand Six Hundred Fifteen and 00/100 Dollars ($48,615) (the "Contract Price"), to be paid by the EDA in accordance with the terms and conditions of this Agreement (Base Bid of $44,130 and Bid Alternate #3 of $4,485. The Contract Price shall constitute the sole compensation payable to the Contractor for its performance of the Work or anything done in connection therewith including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perform the Work. The Contractor shall indemnify and save the EDA harmless from and against any liability for any such taxes, fees, premiums, contributions, etc. that the Contractor incurs in connection with the Work. 16. EXAMINATION OF WORK SITE... Contractor agrees that the Contract Price specified in paragraph 15 of this Agreement is based upon Contractors examination of the work site and that it will make no claim for additional compensation or the extension of time for performance if the conditions encountered differ from those anticipated by such exam/nation, unless such a claim is based upon conditions at the work site, or omissions, ambiguities, or conflicts in the Contract Documents, which Contractor can show could not have been discovered in the exercise of reasonable care prior to the submission of the Contract Price. 17. PAYMENT OF CONTRACT PRICE... The Contractor agrees to provide the EDA with the following documentation as a condition to receiving payment of the Contract Price: (a) an itemized bill for the completed Work; (b) a properly executed Completion Certificate; (c) a Sworn Construction Statement; and (d) all lien waivers as required by paragraph 14 of this Agreement. The EDA may withhold payment of the Contract Price to the Contractor to such extent as may be necessary to protect the EDA from loss on account of: (a) defective work not remedied; (b) claims or actions filed or evidence reasonably indicating the probable filing of the same against the EDA with respect to the Work performed; (c) the failure of the Contractor to make payments properly to subcontractors and/or suppliers for equipment, material, or labor, or to provide evidence that such payments have been made; (d) any cost for which the Contractor is liable under the Contract Documents; or (e) a breach by Contractor of any term, condition, or provision contained in the Contract Documents. 18. EQUAL EMPLOYMENT OPPORTUNITY... Contractor not to discriminate against any employee or applicant for employment on the basis of age, race, color, religion, sex, or national origin. The Contractor shall comply with all applicable laws, Executive Orders, and regulations concerning non-discrimination in employment, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 19. INDEPENDENT CONTRACTOR STATUS ... Contractor is and shall remain an independent contractor in the performance of the Work, maintaining complete control of its workers and operations. Neither Contractor nor anyone employed or engaged by Contractor shall become an agent, representative, servant, or employee of the EDA in the performance of the Work or any part thereof. 20. CONTRACT REPRESENTATIVES; ADDRESSES ... The EDA's representative with respect to this Agreement shall be Randy Schumacher, City of Columbia Heights. The Contractor's representative with respect to this Agreement shall be Mike Hagemann. All notices, requests, and instructions, or other communications given or received by either party under the terms of this Agreement shall, unless otherwise specifically provided herein, be made in writing signed by the designated representative of the party making such communication and be delivered or addressed to the designated representative of the other party at the following address: EDA ADDRESS: Columbia Heights Economic Development Authority Attn: Randy Schumacher 590 40th Avenue Northeast Columbia Heights, MN 55421 EHLERS ADDRESS: Ehlers and Associates Attn: Stacie Kvilvang 3060 Centre Pointe Drive Roseville, MN 55113 CONTRACTOR ADDRESS: Southern Minnesota Environmental Technologies, Inc. Attn: Mike Hagemann PO Box 184 Elmore lVIN 56027 21. SUBCONTRACTORS ... Contractor agrees to bind every subcontractor by the terms, conditions, and provisions set forth in the Contract Documents that are applicable to the subcontractor's work, unless otherwise specifically agreed otherwise in writing by the EDA. 22. ASSIGNMENT... This Agreement shall be binding upon and in order to the benefit of the Contractor, its legal representatives, heirs, successors, and assigns. No assignment or attempted assignment of this Agreement or any rights hereunder shall be effective unless the written consent of the EDA is first obtained. No such assignment, even if consented to by the EDA, shall relieve the Contractor from liability under this Agreement for the performance and completion of the Work in accordance with the Contract Documents. 23. ENTIRE AGREEMENT... The Contract Documents contain all the terms, conditions, and provisions pertaining to the Work to be completed by the Contractor, there being no other understandings, agreements, or warranties, express or implied. All prior negotiations and dealings regarding the subject matter of the Contract Documents are superseded by and merged into the Contract Documents. 24. APPLICABLE LAW... This Agreement shall be construed in accordance with and governed by the laws of the state of Minnesota. 25. AMENDMENT ... This Agreement may be modified or amended only with the written approval of the EDA and the Contractor. 26. CONSTRUCTION ... In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions or any application thereof shall not in any way be affected or impaired thereby. 27. AUTHORITY ... Each of the undersigned parties warrants that it has the full authority to execute this Agreement, and each individual signing this Agreement on behalf of a corporation hereby warrants that he or she has full authority to sign on behalf of the corporation and that he or she represents and binds such corporation thereby. 28. WAIVER ... No failure by the EDA to insist upon the strict performance of any covenant, duty, agreement, or condition contained in this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term, or condition may be waived again. IN WITNESS WHEREOF, the parties have set their hands this/f) th day of May 2004. THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY It's P~res~;~in ~u~zyr~, Jr.. It's Executive-I~ir~e~t'or5 Walte~/f~. Fehst CONTRACTOR Its Schedule A COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) BID SPECIFICATIONS For the Removal of Asbestos Containing Material 825 41~t Avenue Northeast (NEI Technical College) Columbia Heights, MN March 3, 2004 Parcel: 825 41st Avenue Northeast -- PD # 35-30-24-14-0151 Property Description: Vacant, four-story school building, approximately 119,000 sq/ft in size. See attached floor plans. Work to be Completed: The Contractor shall complete the following: Base Bid Complete demolition, removal and disposal of ALL asbestos containing materials throughout the building. It should be noted that all asbestos containing, non-friable 9x9 floor tile and mastic identified in the report by Concept Environmental, dated February 14, 1996, will be abated by the demolition contractor and should not be included in the base bid. Note: It is the contractor's responsibility to verify all quantities for their bids (including bid alternates). Extras will not be granted based on discrepancies between the quantities listed in ANY referenced reports and actual quantities removed. Wall and ceiling system demolition and disposal is required by the abatement contractor to access and abate any hidden asbestos-containing materials. This would include any thermal system insulation (pipe, duct, tank, boiler, etc), which may be located in crawlspaces, behind wall cavities, above suspended ceiling systems, inside pipe chases, behind soffits and in floor penetrations. b. Complete demolition removal and disposal of all asbestos containing pipe insulation (including pipe fitting insulation). 2. The contractor shall provide all air sampling, monitoring and analysis, including OSHA personal air samples, in accordance with all current federal, state and local regulations. Asbestos Abatement Specifications NEI Technical College - 825 41st Avenue NE, Columbia Heights March 3, 2004 Page 2 o The contractor shall decontaminate and encapsulate the work area prior to final clearance air monitoring. 4. The contractor shall package, label and dispose of all contaminated material. o The contractor shall clean up and remove all abatement containing barrier(s), equipment and supplies. Add Bid Alternate #1 The Contractor shall assume the entire roofing material has asbestos containing material and shall provide both a£er sq/fl cost to remove it and a total cost to remove it. Add Bid Alternate #2 The contractor shall provide complete demolition, removal and disposal of large gyn'masium floor on a per sq/ft cost as identified in the asbestos survey report completed by AER Construction dated February, 2004. Add Bid Alternate #3 The contractor shall provide complete demolition, removal and disposal of transite panels (approximately 1,300 sq/ft) located in the fan room above the large gymnasium (room #417) on a per sq/ft cost. The panels are bolted to the structure, but also have sporadic 1 x 1 boards glued to them for support. Contractor is responsible for any demolition required (duct removal, wall demolition, etc) to remove the transite panels. Add Bid Alternate #4 The contractor shall provide complete demolition, removal and disposal of transite panels located above the windows on a per panel cost. The Contractor must complete a physical site visit with an EDA representative. The successful bidder shall provide the EDA with a schedule of the work, outlining how and when the work shall proceed. The timing for commencement of the asbestos abatement will be between April 1st and May 1st and will be coordinated with the successful bidder. The EDA reserves the fight to reject any and all bids and to waive any informality(ies) in any quotes without explanation. Asbestos Abatement Specifications NEI Technical College - 825 41st Avenue NE, Columbia Heights March 3, 2004 Page 3 Bonds Each bidder is required to submit a bond in the amount of 5% of their proposed bid price. This bid bond will be retained should the successful bidder decide not to follow through with the project. o The successfid bidder will be required to post a payment and performance bond equal to the contract price once the notice to proceed is received. The successful bidder will be required to post a current Bond and Certificate of Insurance as required under the formal work contract. Disposal of All Demolition Material All materials and demolition operations waste shall be removed and disposed of off the site, unless otherwise noted. Requirement of Regulatory Agencies 1. Equipment furnished by the Contractor shall comply with all federal, state and local codes and regulations and with local utility company requirements. 2. Permits, licenses and required notifications (MPCA & Department of Health) applicable to asbestos abatement shall be secured and paid for before the actual work is started. 3. Contractor shall conform in strict accordance to applicable codes, rules and regulations for asbestos abatement. 4. Contractor shall not close or obstruct roadways, sidewalks or hydrants without permits. 5. Contractor shall conform to procedures applicable when discovering hazardous or contaminated materials not identified in the attached reports. Progress Cleaning 1. The contractor shall maintah~ areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. General progress cleaning shall be done daily. Building Securitw/Signage The contractor shall coordinate schedule for building access with the designated EDA representative. Asbestos Abatement Specifications NEI Technical College - 825 41st Avenue NE, Columbia Heights March 3, 2004 Page 4 The contractor shall coordinate with the designated EDA representative and assist with ensuring that the building is locked and secured at the completion of daily work. All costs associated with the replacement of vandalized or stolen equipment or property is the responsibility of the contractor. Approved signs must be posted at the entrance, exits, decontaminations areas and waste disposal areas for asbestos removal operations. The signs must state that asbestos is being removed from the area, that asbestos is a suspected carcinogen and that proper respiratory equipment is required, Breakdown of Contract Pricing Base Bid N/A $44,130 $44,130 Transite Panels in R~oom #417 1,300 $3.45 $4,485 Vermiculite Removal N/A GRAND TOTAL N/A N/A $48,615