Loading...
HomeMy WebLinkAboutContract 2145CITY OF COLUMBIA HEIGHTS WORK AGREEMENT This Agreement is made this 8th day of December, by and between the City of Columbia Heights ("the City") and Kevitt Excavating (the °Contractor") for Building Demolition, for a residential building and garage located at 4631/33 Pierce Street 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 "work"}; WHEREAS, Contractor represents that it has the necessary persom~el, experience, competence, and legal right to perform the Work; WHEREAS, the City has adopted a Resolution authorizing the city 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 wit11 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 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 prepared by or on behalf of the City in connection with the Work (where s ecified ail Amendment Re uest Certificates a roved b the Cii air Ciiari e Orders issued u ~ rife Cit-~ the p }, q Pp Y Y~ g Y Y~ Notice to Proceed, the Completion Certificate, and written interpretations of the Contract Docmnents 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 govermnental 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 Docwnents and shall at all times furlish sufficient numbers and amounts of properly skilled Workers, acceptable materials and equipment, adequate services, construction tools, and equipment. The Work shall be performed in a good and Worlananlike 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 injury or loss, and will take all necessary 2145 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 must be satisfactorily completed in the opinion of the City by January 8, 2009. If the Contractor is unable to commence the Work by the specified date, it must promptly notify the City. 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 far 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 City and the Contractor of loss suffered by the City 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 City may be entitled at law or in equity in connection with this Agreement. 6. EXCUSABLE DELAYS ... The following circumstances, and olily 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 teen of this Agreement. c. Strikes --Contractors who face union work stoppage in the case where they have to rely on such a work farce 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. 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. AMENllMENT REQUEST CERTIFICATE ... Changes in the scope, specifications, or cost of the Work that are proposed by tl~e Contractor subsequent to the execution of this Agreement shall be considered. Amendments. No such Amendments shall be made without rp for 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 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 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 ofthe 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 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 terns and conditions contained in the Contract Documents. 9. GENERAL G UARANTY ... The Contractor hereby guarantees to the City that all of the Work shall be done incompetent, 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's 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 sale risk of the Contractor. The Contractor does expressly forever release 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. 1 1. INDE1dINIIi ICATION ... 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 shat] indemnify, hold harmless, and defend the City of Columbia Heights, council meanbers, officers, employees, successors, and assigns against any and all liability, lass, cast, damages, expenses, claims, or actions, inchlding attorney's fees which the City of Columbia Heights, 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 City of Columbia Heights under the indemnity provisions set forth i11 paragraph 11 of this Agreement, it will at all times during the tern of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation hlsurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes u~eluding Chapter 176 of the Mimiesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are customal•ily 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 Form General Liability Endorsement, ISO number GL 0404, ar 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 forn (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 shalt be at least as broad as that afforded by the underlying occurrence 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. 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. The City shall, at any time during the term of tins agreement, have the right to require that the Contractor secure any additional insurance, or additional. feature to existing insurance, as the City may reasonably require for the protection of its interests or those of the public. It is expressly understood that the City 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. 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. 14. 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 suin of ~I3,985 (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 comlection 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. Seeding the entire excavated site with three inches of topsoil will be required by May 4, 2009, 10% ($1,398) pf t17e demo fee will be retained for guarantee and paid when the seeding is complete. 15. EXAMINATION OF WORK SITE ... Contractor agrees that the Contract Price specified. in paragraph 14 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. 16. 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; and (b) all lien waivers as required by paragraph 14 ofthis 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 of: (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 term, condition, or provision contained in the Contract Documents. 17. EQUAL EMPLOYMENT OPPORTUNITY ... The Contractor shall not 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 concerlingaon-discrimination in employment, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 18. 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. 19. CONTRACT REPRESENTATIVES; ADDRESSES ... The City's representative with respect to this Agreement shall be Sheila Cartney, Assistant Community Development Director, for the City of Columbia Heights. The Contractor's representative with respect to this Agreement shall be Chris Viean. A11~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 ttze designated representative of the other party at the following address: CITY ADDRESS: City of Columbia Heights Attn: Sheila Cartney 590 40`h Avenue Northeast Columbia Heights, MN 55421 CONTRACTOR ADDRESS: Kevitt Excavating Attn: Christ Viean 3335 Pennsylvania Avenue N. Crystal, MN 55427 20. 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. 21. ASSIGNMENT ... This Agreement shall be binding upon and in order to the benefit ofthe 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 Documents. 22. ENTIRE AGREEMENT ... The Contract Documents contain all the teens, 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. 23. APPLICABLE LAW ... This Agreement shall be constnted in accordance with and governed by the laws of the state of Minnesota. 24. AMENDMENT ... This Agreement may be modified or amended only with the written approval of the City and the Contractor. 25. CONSTRUCTION ... 1n 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. 26. 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. 27. 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, ab •eement, teen, or condition, nor does it imply that such covenant, agreement, teen, or condition may be waived again. IN WITNESS WHEREOF, the parties have set their hands this 8tb day of December 2008. fit, }F d _. CI~'Y OT;~OLUMBIA' HEITS 5 It s i~yor-Gar - L. Peterson ~~ ~~ ~ ~ ~ r ' r r ~~ It's City Manager- alter R. Fehst CONTRACTOR f Its: ~'` ~ ~ ~ '~-