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HomeMy WebLinkAboutContract 2183CrTy crr Cc~r.tllvrBrA ~rrrcrrTS 218 WaRK AcpRFErvtElvT This Agreement is made this 5`~' day of March, by and between the City of Columbia Heights ("tire City") and Frattalone Companies (the "Contractor") for Building Demolition, for a residential building and garage located at 4647 Poik Street as detailed in the quote dated November 1 S, 2008. WITNESSETLt: 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 Resolution 2008-229 authorizing the city staff to proceed with all work associated with the purchase; NOW, THEREFORE, in consideration of the premises anal 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 Worl: 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 ofthe City any discrepancy or inconsistency which may exist between any two or mo~•e 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 DOC[JMENTS ... 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 specified), all Amendment Request Certificates approved by tine City, ail CI~lange rrders issued by the City, the Notice to Proceed, the Completion Certificate, and ~-written interpretations oftl~e ContractDocumentsissued bythe 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 RE(y1JL,ATIONS ... Prior to commencing t11e Work, the Contractor shall secure all necessary building permits and licenses as may be reyuired, 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. df 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 regulaticns ofthe Qccupational Safety and fIealth Administration, which are appiicableio the Work. 4. PROSECUTION OF THE WORK ... The Contractor shall at ail times prosecute the Work diligently so as to insure its completion in fill accordance with the Contract Doct~iments and shall at all times furnish sufficient numbers and amounts of properly skilled Workers, acceptable materials and equipment, adequate services, construction tools, and egc~iipment. The Work shall be perfoY7ned in a good and Workmanlike manner. Contractor shall keep the Work site glean and orderly during the course ofthe Work artd remove all debris atthe completion of the Work. Ifthe 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 lass, 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 fill responsibility for all its tools and equipment and a1I 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 tl~e Contractor unless agreed otherwise. 5. COMMENCEIVIENT AND COMPLETION OF WORK.; LIQUIDATED DAMAGES ... The Work must be satisfactorily completed i.~ the opinion of tl~e City by Fehruar y 2s, 20iI~. 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 for each calendar day of delay excluding Saturday, Sunday, and legal holidays, This sum shall be deducted fi°om the Contract Pi°ice 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 Ciry 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 Iate 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 tivho face i.mion work stoppage in the case where they have to rely on such a work force in order to complete the Work. d. Amendments --significant amendi~~ents }r~ the original scope of work, which can be reasonably sho4vn to require an extension of the time, allowed for completion. e. Emergencies -- accidents, c~leath or illness in the immediate family of the Contractor, which necessitates a significant leave of absence from tl7e job. f. Proven lack of cooperation fi-o~t~i 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 t}7at are proposed by the Contractor subsequent to the execution cif this Agreement shall be considered Amendments. No such Amendments shall be made without art for written approval by tl~e City. Any Amendment proposed by the Contractor shall be submitted via an Amendment Request Certif Cate. 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 far such Amendments; and (c) specify the reason for any cost increase/decrease resulting from the Amendment(s). The City will approve or disapprove the Amendmerlt Regi.iest Certificate after appropriate review and property inspection. Ifapproved, a copy oftl~e signed Amendment Request Certificate wilt be forwarded to the Contractor. Upon receipt by the Contractor of the approved Amendment Request Certificate, the approved Amendment(s) may be implemented. A11 Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the City. No such Amendment Request Certificate shalt be deemed to constitute a waiver of any remaining covenant, agreement, term, or conditioxr contained i~~ tl~e Contract Documents. $. CHANf~E QRDER ... The CitS~ shall have the right, within the general scope of the Work and without notice to any surety or sureties ofthe Contractor, to make changes in the Wark, either by altering the nature ofthe same or by adding to or deducting ft•om it. All changes shall, except in the case of emergencies endangering the safety of persons or property be made by ~~~ririer~ C}range Order. The Contractor shall promptly comply with any and all written Change Orders. No such Change Order sl3all be deemed to invalidate the remaining terms and conditions contained in tlLe Contract Documents. 9. GENERAL GUARANTY ... The Contractor hereby guarantees to the City that all ofthe Work shall be done in competent, ~varkman-like manner and that such Work shall be and remain tree 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 al] materials and equipment furnished in connection with the Work will be new, unless otherwise specified, and be afgood 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 Wark 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 Wark is undertaken at the sole risk ofthe Contractor. The Contractor does expressly forever release the Cit.}~ of Columbia Heights from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. iNDEMNIFI+CATION .,. Any and all claims that arise or may arise as a consequence of any act or omission on the part ofthe Contractor, its agents, servants, or employees ~~~hile engaged in the performance ofthe Work shall in ;;o rx~aJ, be tl~e abhgatron or resparsibilrty of ill;; City of Colunbia Heights. T Ile Contractor shalt indemnify, hold. harmless, and defend the City of Columbia Ifeights, 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, of~~icers, 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. 17. INSURANCE ... "Che Contractor agrees that in order to protect itself, the City of Columbia Heights under the indemnity provisions set forth in paragraph 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 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are custc>marily provided in ~varl.er's cornpensatian 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 I~iahility Insurance. The Contractor shall maintain Occurs-ence 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 Forrn General Liability Endorsement, ISO number GL 0404, or an equivalent farYn (ar farms}, sa fong as such an equivalent farm (ar forms} affords coverage which is in alt material respects at least as broad. Any equivalent form (or forms} of coverage, shall be approved by the IIsA. 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 lniury, 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 hased CAL Policy as spec.r.fied ai~nva, 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 ofat least Qne 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 Palicy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at ].east as broad as that afforded by the underlying automobile liability insurance policy. The City of Columbia Heights shall be named as "additional insured" parties wish respectto the insurance policies specified in (b'} and (c}above. The Contractor shall not eot~nme~~~ce work lmtil a Certificate of Insurance evidencing all of the insurance policies required above is approved ai~~d a wriri~en 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, o~• additional feature to existing insurance, as the City may reasonably require for the protection of its interests or chose of the public. It is expressly understood that the City does not in any way represent that the minimcun insurance eaverage set forth in this paragraph is sufficient or adequate to protect the interest or liabilities of the Contractor. l3. 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 Ileights from any and all claims, demands, or actions of whatever nature arising out of work, labor, equipment, or materials filrnished 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 Conte°actor 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. COIvITIZACT PitICE ... Tlie Contractor agrees to fiirnish all work, labor, materials, and equipment necessary to complete the Work as set forth in the Contract Documents for the sum of X8,600 (the "Contract Price"}, to be paid by the City in accordance with tl~e terms and conditions of this Agreement. The Contract Price shall constitute the sole compensation payable to tl~e Contractor for its performance of the Work_ or anything done in connection tl~ere~,vith 'including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perfarm the Work. The Contractor shall indemnify and save the City harmless from and against any liability for any such taxes, fees, premiun2s, contribi.itions, etc. that the Contractor incurs in connection with the Work. ] 5. EAAMINATION OF wVORIC S[TE ... Contractor agrees that the Contract Price specif ed in paragraph 14 of this Agreement is based upon Contractors examination of the work site and i92at it will make no claim for additional. compensation or the extension of time for performance if the conditions encountered differ from those antlClpated bV such examination ilnlecc c~irh CIai112 iS l?asecl ilpcn COndltlol2s at ti2C ~~'v^rk Sitc, ur oi22iSSioiiS, ambignlities, or conflicts in the Contract Documents, which Contractor can show could nothave been discovered in the exercise of reasol2able care prior to the submission ofthe Contract .Price. 16. PAYMENT OF CONTRACT PRICE ... Tiie Contractor agrees to provide the City with the following documentation as a condition to receiving payment of the Contract Price: (a) an iten2ized bill for the completed Wark; and (b) all lien waivers as required by paragraph 14 of this Agreelnel2t. 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 tiled or evidence reasonably indicating the probable filing of the san2e against the City with respect to the Work perfol-med; (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 i:ost for which flee Contractor is liable under the Contract Documents; or (e) a breacl2 by Contractor of any term, condition, or provision contained in the Contract Documents. 17. EQUAL E~PLOYI~~><ENT OPPORTUNITY .., The Contractor shall not discriminate against any ernpioyee or applicant for employ122ent on the basis of age; race, color, religion, sex, or national origin. The Contractor shall comply with all applicable laws, Executive C)rders, and regulations concerning non-discrimination in employment, including the Egi~lal Opportunity Clause of Sectiol2 ?02, Executive Order 11246, as amended, which is hereby incorporated by reference.. 18. INDEPENDENT CONTRACTOR STATUS ... Contractor is and shall remain an independent cont3Tactoi- ill the performance of the Work, maintaining complete control of its workers and operations. Neither Contractor nor anyone employed of engaged by Contractcu shall became an agent, representative, servant, or employee of the City in the performance of the Work or any part thereof. 19. CONTRACT REPRESENTATfirES; ADDRESSES ... The City's representative with respect to this Agreement shall 17e Sheila Cartney, Assistant Community Development Director, for the City of Columbia Heights. The Contractor's representative with respect to this Agreement shall be Mike Ears ty }2e. All notices, requests, and instructions, or other communications given or received by either party under the terms of this Agreement sl2all, unless other«~ise specifically provided herein, be made in writing signed by the designated representative of the parry n2aking 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 Attu: Sheila Cartney 590 40ti' Avenue Northeast Columbia Heights, IYIN 55421 CC3NTIRACTOi2 AT)I)12ESS: Frattaione Companies Attn: l~tilce Forsythe 3025 Spruce Street St. Paui MN 55l 17 20. SUI3CONTRACTC3RS ... 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. ASSICI~TME~1T ... This Agreement. sha11 be binding upon and in order to the benefit of the Contractor,rts legal representatives, heirs, successors, and assigns. Na 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 t17e Contract Documents. 22. EI'VTIFdE Af~REEti~LEl~IT ... The Contract Documents contain all the terms, conditions, and pravisions 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. AP'I'LICAI3LE LAEV ... This Agreement shall he const~°ued in accordance with and governed by the laws of the state of Minnesota. 24. ANTENI)MENT ... This Agreement may be modified or amended only with the written approval of the City and tl~e Contractor. 25. Ci~l~iS'3'i~iJC T hIIf~i ... In the event that any one or more of the provisions of this Agreement, or any application thereof, snail be found to be invalid, illegal, or otherwise uner~tforceable, the validity, legality, and enforceability of the remaining provisions or any application thereof shall not in any way be affected or impaired thereby. 26. AUTHO'f21TY ... Each of the undersigned parties warrants that it has the full authority to execute this Agreement, and each individual signing this Agreement ors behalfof 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, agreement, term, or condition, nor does it imply that such covenant, agreement, term, or condition may be ~n~aived again. Ili lTVITNESS ~HEI2E0~, the parties have set their hands tl~~is day of 2008. ,CITY OF C ~LUMBIA HI•'T(~HTS __ {~ - __It's I'vlayor-G~n~ L. Peterson .~'~," - --~ , ~ It's City Mana er-Walter R. Fehst CC}~1TI2A~T Its: ~ '"Fra~ttalone, CFO -