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HomeMy WebLinkAboutContract 20322032 BUILDING DEMOLITION BEECROFT BUILDING 3710 CENTRAL AVENUE CITY OF COLUMBIA HEIGHTS, MINNESOTA WORK AGREEMENT This Agreement is made this 6th day of November 2007, by and between the City of Columbia Heights ("the City") and Frattalone Companies ("the Contractor) for Building Demolition as detailed in the bid request. WITNESSETH: WHEREAS, the City desires to have performed or constructed the services or facilities described in the Contract Documents (the scope of "work"); WHEREAS, Contractor represents that it has the necessary personnel, experience, competence, and legal right to perform the Work. 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 the Contract Documents before performing the Work and shall promptly call to the attention of the city any discrepancy or inconsistency which may exist between any two or more documents or between any parts of the same document. The City 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 and the Scope of Work & Specifications prepare by or on behalf of the City in connection with the Work (where specified), all Amendment Request Certificates approved by the City, all Change Orders issued by the City, the Notice to Proceed, the Completion Certificate, and written interpretations of the Contract Documents issued by the City. 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 commencing 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, give 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 Contract's performance is contrary to any such law, ordinance, rule or regulation, it shall bear all costs arising there fi-om. Contract 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 tool, and equipment. The Work shall be performed 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 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 in jury or loss, and will take all necessary precautions during the progress of the Work to protect all person 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 THE WORK; LIQUIDATED DAMAGES...The Work must commence no later than November 19, 2007 and be satisfactorily completed in the opinion of the city by November 30, 2007. In the event the Work is not commenced within ten (10) days of the date specified, the City 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 City. 6. EXCUSABLE DELAYS...The following circumstances, and only these circumstances, will, at the City's discretion, be considered legitimate cause for a change in the commencement and/or completion dates specified in paragraph 5 of this Agreement: a. Material delay -material delays that are beyond the control of the Contractor, which can be shown to have directly caused the overall late completion. b. Adverse weather conditions -weather conditions that directly affect the scheduling of exterior work over a significant portion of the term of this Agreement. c. 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. d. Amendments -significant amendments in the original. scope of work, which can be reasonably shown to require an extension of the time, allowed for completion. e. Emergencies -accidents, death, or illness in the immediate family of the Contractor, which necessitates a significant leave of absence from the job. f. 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 proper written approval. by the city. Any Amendment proposed by the Contractor shall be submitted via an Amendment Request Certificate. The Amendment Request Certificate must: (a) be signed and dated by the Contract; (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 Amendments(s). The City 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 City. 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 City 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 person or property be made by written Change Order. The Contractor shall promptly comply with any and ail. written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract Documents. 2 9. GENERAL GUARANTY...The Contractor hereby guarantees to the City that all of the Work shall be completed in a 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 that the City 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 City (if assignable) or enforce for the benefit of the City (if not assignable) any guarantees provided by manufacturers or sellers of machinery materials or equipment that are to be incorporated into the Work. The City acceptance of the Work shall not be deemed to be a waiver of any of the City's rights under this paragraph.. ]0. 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 City of Columbia Heights from any claims, demands, injuries, damage actions, ar causes of action whatsoever, arising out of or connected with the Work. ll. INDEMNIFICATIONS...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 City of Columbia Heights. The Contractor shall. indemnify, hold harmless, and defend the City of Columbia Heights, council members, officers, employees, successors, and assigns against any all liability, loss, cost, damages, expenses, claims, or actions, including attorneys' fees which the City of Columbia Heights, council members, officers, or employees may hereinafter incur or be required to pay on account 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. [NSURANCE...The Contractor agrees that in order to protect itself, the City of Columbia Heights under the indemnity provisions set forth in paragraph I 1 of this Agreement, it will at all times during the term of this Agreement, maintain., at a minimum, the following insurance polices: INSURANCE ... The Contractor agrees that in order to protect itself, the CITY OF COLUMBIA HEIGHTS, and the City of Columbia Heights under the indemnity provisions set forth in paragraph I 1 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 1'76 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. b. Commercial General Liability 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 Fonn General Liability Endorsement, ISO number GL 0404, or an equivalent form (or forms), so long as such an equivalent form (or forms) affords coverage which is in al] material respects at least as broad. Any equivalent fore (or forns) of coverage shall be approved by the CITY OF COLUMBIA HEIGHTS. 3 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 Tnjury, 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 City of Columbia Heights shall be named as "additional insured" parties with respect to the insurance policies specified. in (b) 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 CITY OF COLUMBIA HEIGHTS. The CITY OF COLUMBIA HEIGHTS 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 CITY OF COLUMBIA HEIGHTS may reasonably require for the protection of its interests or those of the public. It is expressly understood that the CITY OF COLUMBIA HEIGHTS 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 City, 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 City 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 City shall, unless specifically agreed to otherwise by the City, 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 City's buildings, structures or land or any part thereof. The Contractor shall protect, defend, indemnify, and hold harmless 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 City lien waivers acceptable to the City, which release the City 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 City of any changes in this list prior to the commencement of the Work. 4 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 $23,600 (the "Contract Price"), to be paid. by the City in accordance with the terms and conditions of this Agreement 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 City 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 examination, 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 City 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 City may withhold payment of the Contract Price to the Contractor to such extent as may be necessary to protect the City from loss on account o£ (a) defective work not remedied; (b) claims or actions filed or evidence reasonably indicating the probable filing of the same against the City 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 tern, 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 City in the performance of the Work or any part thereof. 20. CONTRACT REPRESENTATIVES; ADDRESSES ... The City's representative with respect to this Agreement shall be Randy Schumacher, Project Manager, City of Colombia Heights. The Contractor's representative with respect to this Agreement shall be Jim Wutzke. 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: CITY OF COLUMBIA HEIGHTS ADDRESS: Attn: Randy Schumacher -Project Manager 590 40"' Avenue Northeast Columbia Heights, MN 55421 CONTRACTOR ADDRESS: Frattalone Companies Attn: Jim Wutzke 3066 Spruce Street St. Paul MN 55117 21. SUBCONTRACTORS ... Contractor agrees to bind. every subcontractor by the terms, conditions, and provisions set forth in the Contract Docwnents that are applicable to the subcontractor's work, unless otherwise specifically agreed otherwise in writing by the City of Colmnbia Heights. 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 City is first obtained. No such assignment, even if consented to by the City, shall relieve the Contractor from liability under this Agreement for the performance and completion of the Work in accordance with the Contract Docwnents. 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 City 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. 6 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. WALVER ... No failure by the City 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, tern, 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 `~' day of , 200'7. ;'`_`, f C~I,UM A HEI~HTS ,i DA /~ ~ ___ -~ , E A" resident =Gary Peterson j Executive Director - W~Iter R. Fehst ~ ~ -~ ;' .~ ~ i ~ + 1..: a. a ~`itness 7 CONTRACTOR