HomeMy WebLinkAboutContract 2146CITY 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 asingle-family home located at
4011 5th 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 personnel, 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 with the Contract
Documents. The Contractor shall carefully review all of the Contract Documents before perforning 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
specif=ied), all Amendment Request Certificates approved by the City, air Change Orders issued by the City, the
Notice to Proceed, the Completion. Certificate, and written interpretations oftheContract 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 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 alI
standards and regulations of the Occupational Safety and Health Administration, which are applicable to the Work.
4. PROSECUTION OF THE WORK ... The Conti°actor shall at all times pr°osecute 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 performed in a good and Worlananlike manner. Contractor
shall keep the Work site clean and orderly during the course ofthe 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
2146
precautions during the progress of the Work to protect all persons and the ro e
The Contractor will assume full responsibility for all its tools and equi meat a
p P rtyofothersfrominjuryordamage.
comlection with the Work. Materials and equipment that have been removed and re ]ace
shall belong to the Contractor unless agreed otl3erwise p nd all materials to be used in
P d, as part of the Work
~• COMMENCEMENTAND CaMPLETION OF WORK•
must be satisfactorily completed in the opinion of the Ci b
commence the Work by the specified date, it must prom tl noti ~ LIQUIDATED DAMAGES ...
t}' y Novem ber 20 2008. If the Contractor is unableoto
by the specified date, the Contractor and its sureties shall be assessed liquidated d
p Y f the City. In the event the Work is not completed
the total Contract Price or fifty dollars ($50.00
excluding Saturda Y amages of one percent (1 °io) of
y, Sunda and legal holidays. )Thislsu n shall be~deducted frdom ~e C oh calendar day of delay
payment. This provision for liquidated damages represents the best estimate by the Cit and
suffered by the City due to failure to complete the Work on time, anal shall not be or i ontract Price at the time of
forfeiture. This provision. for liquidated damages is in addition to any and all othe • . Y the Contractor ofloss
the City may be entitled at law or in equity in connection with this Agreement, s deemed to be, a penalty or
i rrghts and remedies to which
6• EXCUSABLE DELAYS ...
e following circumstances, and o_ n__ly these circumstances, will, at the
City's discretion, be considered legitimate cause for a change in the commen
specified in paragraph 5 of this Agreement:
cement and/or completion dates
a. Material delay -- material delays that are beyond the control of the Contractor w
shown to have directly caused the overall late completion.
bleb can be
b• Adverse weather conditions -- weather conditions that directly affect the scl
work over a significant portion of the term. of this Agreement.
~eduling of exterior
~• Strikes -- Contractors who face union work stoppage in the case where they have to re
a work force in order to complete the Work.
ly on such
d• Amendments --significant amendments in the on ;, ~
sho ~-=i to require an extension of the time, allowed for co p]do ork, which can be reasonably
e• Emergencies -- accidents, death or illness in the immediate family of the Contra
necessitates a significant leave of absence from the job.
ctor, which
f. Proven lack of cooperation. from persons in possession of the prope resu
delays. rty Ihn
g iii significant
g• Proven lack of cooperation from the Contractor's agents resulting in significant dela
ys.
~. AMErvDMEIVT RE
Work that are proposed by theQContraCorlsubsequeiTEo•the executio
Amendments. No such Amendments shall be made wit Changes in the scope, specifications, or cost of the
proposed by the Contractor shall be submitted via an Amend ~~ of this Agi eement shall be considered
bout rior written approval by the City. Any Amendment
Certificate must: (a) be signed and dated by the Contractor; (b) specify how the Work is
for such Amendments; and (c) specify the reason for an cos meat Request Certificate. The Amendment Request
The City will approve or disapprove the Amendment Request Certificate after a to be amended and the cost
Y t increase/decrease resulting from the Amendments}.
inspection. If approved, a copy ofthe signed Amendment Request Certificate willpheropriate review and property
Upon receipt by the Contractor of the approved Amendment Request Certificate, the a
be implemented. All Amendments made before receipt ofan approved Amend forwarded to the Contractor.
compensable by the Ci pproved Ametldment(s) may
ty. No such Amendment Request Certificate shall be deemed ogconstitute acwaive~r of ante
remaining covenant, agreement, term., or condition contained in the Contract Documents.
Y
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 terms and
conditions contained in the Contract Documents,
9. GENERAL GUARANTY ... The Contractor hereby guarantees to the City 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 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 Crty (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 sole 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.
11. INDEMNIFICA'T'ION ... 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 and all liability, loss, cost, damages, expenses, claims, or actions, including
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,
f ~, t a * , ~ •*° ^'~'; *; ~°r this P ~^-°emet.t ~a~hatever the cause of sucl:
pcrivrmaiiCC, or allure C auequu~e.y' perioiii^ iw uviigauon.i uiiu~.i >~... ,
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 in paragraph 11 of this Agreement, it will at all times during the teen 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 176 of the Minnesota
Statutes. Such policy shall include Employer's Liability Coverage aild at least such amount(s) as
are customarily provided hi 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.
Commercial General Liability Insurance. The Contractor shall maintain Occurrence Based
Commercial General Liability Insurance (°CGL"}, providing coverage on an "occur-ence", 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, or an equivalent form (or forms}, so long as such an equivalent forn (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 Contractoz° 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,
whidl total limits maybe 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.
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 111jury 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 this 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 ofwhatever nature arising out
of work, labor, equipment, or materials furnished by the Contractor or its subcontractors in cornlection 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.
l4. C®NTRAC'I' 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 $14,790 (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 bands
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 of the entire excavated site with. three inches of topsoil will be required by May 2009, 10% ($1,479}
of the 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 confl icts 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 fallowing
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 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 teen, 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 concen7illgnon-discrunination
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 perfannance 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. All notices,
requests, and instructions, or other communications given or received by either party under the teens 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 ADDRESS: City of Columbia Heights
Attn: Sheila Cartney
590 40th 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 assigiirrient of this Agreement or
any rights hereunder shall be effective unless the written. consent of the City is fast 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 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.
23. APPLICABLE LAW ... This Agreement shall be construed in accordance with and governed by the laws
of the state of Minnesota.
24. AMENDMENT ... This Agreement maybe modified or amended only with the written approval of the
City and the Contractor.
25. CONSTRUCTION ... In the event that any one or more of the provisions of this Agreeiiieiiy 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 sighing 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 airy such breach or any other covenant, agreement, term, 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 27th day of October 2008.
,~
CZT~ OF C; t ~LUMSIA HETfi~HTS
's~-~~or-GaL. Peterson
,.~ ~ ,,..
It's City Manager- lter R. Fehst
CONTRACTOR
~ ~`~;:
Its: .~ ~- ~.-~-