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
__
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__It's I'vlayor-G~n~ L. Peterson
.~'~,"
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It's City Mana er-Walter R. Fehst
CC}~1TI2A~T
Its: ~ '"Fra~ttalone, CFO -