HomeMy WebLinkAboutContract 21242124
BUILDING I)EIVIOLITION
CHUTi\'EY RESTAURANT (3700 CEI<'TRAL AVE)
& PARKING LOT (3706 CENTRAL AVE}
CITY OF COLUMBIA HEIGHTS, MINNESOTA
WORK AGREEMENT
'T'his Agreement is made this 28th day of April 2008, by and between the City of Columbia
Heights ("the City") and Frattalone Companies ("the Cont~-acior) for Building Demolition as detailed in
the hid request.
WITNESSETH:
WHEREAS, the City desires to have performed or constructed the services or facilities described in the
Contract Documents (the scope of "worl:")•
WHEREAS, Contractor represents that it has the necessary persomlel, 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...'1"he Work shall be performed in strict accordance with the
Contract Documents. The Contractor shall carefully revievv 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.
?. 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 CertiCcates 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 Gvith one another, Any inconsistencies shall. he 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 Iicenses 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 kuid
and nature now or hereafter in effect ghat are promulgated by any federal, state, county, or other
governmental, authority, relating to the perfornance 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 from. Contract
specifically agrees to abide by and observe all standards and regulations of the Occupational Safety and.
l-Ieah~h Administration, which are applicable to the Work.
4. PI20SECUTION OF THE WORK... The Contractor shall at all times prosecute the Work
diligently so as to insure its completion iii fiz11 accordance with the Contract Dn~t2ments and shall at ull
times furlish 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 mam~er. 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 wide 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 properly from in jury or lass, 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 ail 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 Al~1D COMPLETION OF THE WORK; LIQUIDATED
DAMAGES...The Work must commence no later than July 1, 21108 and be satisfactorily completed in the
opinion of the city by September 1 2008. 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 cammence the Wark 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 - weathex conditions that directly affect the scheduling of
exterior woxk 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 amenchnents 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 fram the job.
f. Proven lack of cooperation ham 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 Arnendments(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 ilie City. No such Amendment Request Certificate shall be deemed to constitute a waiver of anv
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_ ________.a ,,,,.,,,.,,,,~, ugr,c=«crlt, ter-u~, vi 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
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Contractor shall promptly comply with any and all wriitetr Change Orders. No such Change Order shall be
deemed to nlvalidate the remahtit~tg terms and conditions contained h1 the Contract Docwnents.
9. GENE(~AL GUARAN'fY...The Contractor hereby guarantees to the City that all of the Work
shall be completed in a competent, workman-like manner and ti~rat 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 fi-ee from faults and defects. Tl~e Contractor shall assign to the City (if
assignable) c>r 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.
10. WAIVER OF LIABILITY...It is agreed that the Work is undertaken at the sole risk of the
Conhactor. The Contractor does expressly forever release the City of Columbia }-7eights from any claims,
demands, injuries, damage actions, or causes of action whatsoever, arising out of cr connected with the
Work.
11. Il"v'DEMNIFICATIONS...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 hi 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, ar~td defend the City of Colmnbia Heights, cotu~cil
members, officers, employees, successors, and assigns against any all liability, loss, cost, damages,
expanses, 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 injtu•ies or damage.
12. INSURANCE...The Contractor agrees that in order to protect itself, the City of Columbia
Heights under the indemnity provisions set forth in paragraph 7 l of this Agreement, it will at all times
during the term of this Agreement, maintain, at a minimum, the following insurance polices:
a. Worker°s Compensation Insurance. The Contractor shall maintain worker's compensation
insurance in compliance ~avith all applicable statutes inchding 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 eornpensation insittanee in compliance with all
applicable statuses and to monitor file compliance of such subconractors and independent
contractors with the applicable statutes.
Commercial General I iability Insurance. The Contractor shall maintain Occurrence
Based Connnercial General Liability Insurance ("CGL"), providing coverage on an
"occurrence", rather than on a "claims made" basis, which policy shall include coverage
for the Cc>mpieted Operations hazard, and which shall also include a Broad Form
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 all material
respects at least as broad. Any equivalent form (or forms) of coverage shall be approved
by the CITY Of COLUMBIA hEIGlI7"S.
The Contractor agrees to maintain total liability policy linvts of at least One Million
Dollars ($1,000;000), applying to liability far Bodily Injury, Personal Injury, and
Property L7amage, 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
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the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that
the coverage afforded undcr any such Umbrella Liability Policy shall be at least as broad
as that afforded by the underlying occun•ence based CGL Policy as specified above.
c. 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 ]units 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 Palicy shall be at ]east as broad as that afforded by the
wlderlying 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, Tire Contactor 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 IIrIGHTS shall, at any time during the term of ibis agreement, have the right to require that
the Contactor 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 daes not hi 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 Contactor.
13. I3C3ND ... The Contactor shall. fuivislY payment and performar7ce bonds, issued by a surety
acceptable to the Ciiy, at least equal to the Contract Trice as that amount may be amended from time to
time, and nicluding, 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 ouc 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 Contactor with
respect to such bonds. No Change Order, approval or disapproval of ail 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 ai7y siuery or sureties under any
such bond.
1~}. LIGN WAIVER ... Neither the Contactor nor any subcontactor oi° other person or entity
Iiirnishing labor, equipment, or materials in comiection with the Work shall file any mechanic's lien against
the Ciry's buildings, stuctures 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 subcontactors
in com~ection with the Work. Payment of the Contract Price shall not be due until the Contactor has
delivered to the City lien waivers acceptable to the City, which release the City ii-om all liens that may arise
in connection with the Work. The Contactor shall list below the names of all suppliers and/or
auuwiii..~a~ivi~ iiia~ wi,.i }iiuvuic maiciiais, services, ur iaaor m connection wi.ih the Work. The Contactor
will notify the City of any changes in this list prior to the commencement of the Work.
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15. CCINTRA.CT 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 $24,600
(the "Contract Price"j, 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
indenu~ify and save the City harmless ii-om and against any liability for any such. taxes, fees, premiums,
contibtitions, etc. t17at the Contactor ii~~curs in connectioi~i with the Work.
16. EXAMII~'ATION OT WORK SITE ... Contractor agrees thaf the Contract Price specified in
paragraph 15 of this Agreement is based upon Contractors exar~nination 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 u1 the exercise of reasonable care prior to the
submission of the Contract Price.
17. PAYMI~NT' n1+ CONTRACT PRTC.E ... "The Contractor agrees to provide the City with the
folh~wing 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; (e) a Sworn Construction Statement;
and (d} all lien waivers as required 'by paragraph 14 of this Agreement. The City may withhold payment of
the Contact Price to the Contractor to such extent as may be necessary to protect the City from loss on
account of: (a) defective work not remedied; (b) clanns or actions filed or evidence reasonably indicating
tl~~e probable tiling of the same against the City with respect to the Work performed; (e} 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 i7een made; (d) any cost for wi7ich the Contactor is liable
under the Contract Doclmients; or (e} a breach by Contractor of any term, condition, or provision contained
in the Contract Documents.
18. Et71J:~.L E1~7PLC~~'MENT OI'Pt3}.~1'UNITY ... Contractor not to discriminate against any
etnpio} ee or applicant fur employment on the basis of age, race, color, religion, sex, or national origin. The
Contactor 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. IN17rEPEN1)ENT CONTRACTOR STATUS ... Contractor is and shall remain an independent
contactor 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 ofthe Work or any part thereof.
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20. CONTRACT REPRESENTATIVES; ADDRESSES ... The City's representative with respect
to this Agreement shall be Scott Clark, Community Development Director, City of Columbia Heights.
The Contractor's representative with respect to this Agreement shall be Nick Frattalone. All notices,
requests, and instructions, or other- communications given or received by either parry 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: Scott Clark -Community Development Director
590 ~0`t' Avenue Northeast
Columbia Heights, MN SS4~1
CONTRACTOR ADllRESS: Nick Frattalone
Frattalone Companies
3205 Spruce Street
St. Paul, MN 55117
? 1. 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 City of Columbia Heights.
23. 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 assigmnent
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
Dac~unents.
23. ENTIRE AGREI!;MENT ... The Contract Documents contain all the terms, conditions, and
provisions pertaining to the Worl: to be completed by the Contractor, there being no other understandings,
agreernents, or wan•anties, express or implied. All prior negotiations and dealings regarding the subject
matter of 117e Contract Documents are superseded by and merged into the Contract Documents.
'~• AI'PLIC'ABLE LA'6~V ... This Agreement shall be corlsh-ued ir, 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 t17e provisions of this Agreement, or
any application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the validity,
~~~a„~y, auu e,i,urceubiiity of the remaining provisions or any application thereof shall not in any way be
affected or impaired thereby.
27. AU'THOI2ITY ... Each of the undersigned parties warrants chat it has the full authority to execute
this Agreement, and each individual signing this Agreement on behalf ofa coi-horation hereby warrants that
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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 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, 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 `" day of
Mayor - Gary~~te'rson
:~- ,
City Manager~Walter R Fe
CONTRACTOR
~' -~ e
Witness Its
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