HomeMy WebLinkAboutContract 22922292
Contract # ~IT~ ~}F+' C~I~I11~/IBIA. H~+ IG~i'TS
Wo]l~]K f~~ir )~1~~~T
This Agreement is made this 24`x' day of May, by and between the City of Columbia Heights ("the City"}
and AIL Metro Exeavnting (the "Contractor") for Building Demolition, for two duplexes and one 4-plex and one
shed located at three properties at 4600 Polk Street, 4606 Polk Street and 4648 Palk Street as detailed in the Bid
Request.
WITI`dESSETH:
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 motion authorizing the city staff to enter a contract for the completion of the
Work specified herein.
NC+W, THERE1FQItE, inconsideration 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. W(~Rli TO LSE COMP~,ETEI3 ... The Work shall be performed in strict accordance with the Contract
Doctunents. The Contractor shall carefully review all ofthe 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 snore documents or between any pa.-ts of the same document. The City shall have disct•etio?~ as to how to
address any such discrepancy or inconsistency and shall modify, interpret, or adjust the Contract Documents
accordingly as the case maybe. Two duplexes, one four-plex and one shed are part of the demolition. Removal of
the chain link fence in the front yard and south side shall be pa1-t of the demolition activity at 4606 Polk St~•eet
along with the red fence in the backlsicle yard. Seeding the entire excavated sites with tt,ree inches of topsoil will be
required by .luly S, 2010.
2. CC~1~T CT L~OCI<T~LEI~TS ... "1'he Contract Documents shall. consist ofthis Work Agreement and the
Scope of `L'ark & Speci cations prepared by the City, and sighed by you, in connection vY~ith the Wcrk (whey°e
specified), all Amendment Request Certificates approved by the City, all 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 L of this Agreement.
3. PERMITS Al~'D REG>!TL,ATI®NS ... Prior to commencing the Work, the Contractor shall secure all
necessary building permits at~d licenses as may be required, and before and duringthe progress ofthe 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 all
standards and regulations of the Occupational Safety and Health Administration, which as•e applicable to the Work.
4. PROSECllT>!d3N ~L? THE W4RLZ ... `fhe Contractor shall at all times prosecute the Work. diligently so
as to insure its completion in frill 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 Workmanlike manner. Contractor
shall keep the Wor°k site clean and orderly during the coin°se ofthe Work and remove all debris at the completion of
the Work. If the Contractor is negligent in these areas, the City reserves the ~°ight to perform this work with its own
forces at overtime rates. The casts 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 ail 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 full responsibility for all its tools and. equipment and all materials to be used in
com~ection with the Work. Materials and equipment that have been removed and replaced, as part of the Work
shall belong to the Contractor unless agreed other°wise.
5. C~MM>ENC~MENT AND C®MPLETION ~F VV~>EiK; L1Q1TI~~STEI) DAMAGES ... The Woric
must be satisfactorily completed in the opinion of the City by dune 30, 2010. If the Contractor is unable to
commence the Work by the specified date, it must prornpfly notify the City. h1 the event the Work is not completed
by the specified date, the Contractor and its sureties shall be assessed liquidated damages of one percent (I°%) of
the total. Contract Price ol° 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•am the Contract Price at the time of
payment. This provision for liquidated damages represents the best estimate by tl~e 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. 'T`his 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. EXC€JSA~LE DELAYS ,.. The following circumstances, and only these circEUnstanees, will, at t1~e
City's discretion, be conside~•ed legitimate cause for a change n1 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.
Adverse weather conditions -- weather conditions that directly affect the scheduling of exterior
worts over a significant portion of the term of this Agreement.
c. Strikes -- Contractors who face union work stoppage in tl~e case whore Choy havo to rely oi, such
a work force in order to complete the Work..
d. Amendments -- significant amendments in the original seopo of work, which can be reasonably
sho~~~n to require an extension oftlle time, allowed for completion.
e. Ernorgencies -- accidents, death or illnoss in the 'rmmedrato family of tl~e Contractor, ~vhicl~
necessitates a significant leave of absence from the job.
f. 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 irl Stgniticant delays,
7. AMENDMENT ~EQIJEST 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 rp for written approval by the City. Any Amenchnent
pi°oposed by the Contractor shall be submitted via an Amendment Request Certificate. The Amendment Request
Certificate must: (a) be signed and dated by the Contr-actor; (b} specify how the Work is to be aznonded and the cost
far such Amendments; and (c) specify the reason for any cast 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 Contractoi° 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 the City. No such Amendment Request Certificate shall be deemed to constitute a waiver of any
remaining covenant, agreement, term, or canditian contained in the Cantr°act Docrunents.
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 ar 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 teens and
conditions contained in the Contract Documents.
9. GENERAL G IIARAN'I'Y ... The Contracton° hereby guarantees to the City that all of the Wark 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 specif ed, and be of gaol quality and free from faults and
defects. The Contractor shall assign to the City (if assignable} or enfoi°ce 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. ~AI~ER OE LIABILI'I'~' ... It is agreed that the Wark is undertaken at the sale risk of the Contractor°.
The Contractor does e~:pressiy forever release t17e City of Cohrmbia Heights from any claims, demands, injuries,
damage actions, or causes of action whatsoever, arising out of or connected with the Work.
1 1. INI)EIYINI~'ICA'I'ION ... Any and all claims that arise or may arise as a consequence of any act or
omissior7 on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the
Work shall ire no way be the obligation or responsibility of the City of Caln~nnbia Heights. The Contractor shall
indemnify, hold hornless, and defend the City of Cohrmbia i~eigitts, council members, officers, employees,
successors, and assigns against any and all liability, lass, cast, 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 ar~y property arising
out of or by reason of any act or an,nssron of the Contractor, its agents, servants, ar ernplayees nn the executnan,
performance, or failure to adequately perform its obligations under this Agreement, whatever the cause of such
irljurres or damage.
12. ~NSU NCE ... The Contractor agrees that in order to protect itself the City of Columbia Heights under
the indemnity provisions set forth in paragraph l 1 of this Agreement, it wlll at ail times during the terra of thls
A~;reernertt, rrrair~talrt, at a rrtirilrnrrm, the 1^ollo~vlctg irnsuraenee pollcles:
a. Wor°kers Compensation Insurance. The Contractor shall maintain worker's compensation
insurance in compliance with all applicable statutes including Chapter 176 of the Mirmesota
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
compensation insurance in compliance with all applicable statutes and to monitor die compliance
of such subcontractors and independent contractors with the applicable statutes.
b. Commercial General Liability Insurance. The Contractor shall maintain Occur°ence Based
Commercial General Liability hnsurance ("CGL"), providing coverage on an "occurrence",rather
than on a "claims made'" basis, which policy shall inchrde coverage for the Completed Operations
Hazard, and which shall also include a Broad Foi-~n General Liability Endorsement, ISO number
GL 0404, or an equivalent form (or forms), so long as such an equivalent form (or farms} affords
coverage which is in all material r°espects at least as broad. Any equivalent form (or forms) of
coverage, shall he approved by the EDA.
The Contractor agrees to maintain total liability policy limits of at least One Million Dollars
($I,OOO,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 wader any such
Umbrella Liability Policy shall be at least as broad as that affo~°ded by the underlying occurr°ence
based CGL Policy as specified above.
Automobile Liability hsurance. 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 andlor
Property Damage ul the amount of at least One Million Dollars (~ 1,000,000) pel° 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 ofthe insurance policies required above is approved and a written Notice to Proceed is issued by an authorized,
representative of the City. The City shalt, at any time during the term of this agreement, have the right to require
that the Contracto~• secure any additional insurance, or additional feature to existing insurance, as the City may
reasonably require foi° 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 ar
adequate to protect the interest or liabilities of the Contractor.
l3. L,IEN ~A~VE~ .., Neither the Contractor nor any subcontractor or other person or entity funzishing
labor, equipznent, or materials in connection with the Work shall file any mechanic's lien against the City's
buildings, structu~°es or land or any part thereof. The Contractor shall protect, defend, indemnify, and hold
harmless the City of Cohunbia Heights from any a~~7d all claims, dema~~ds, or actions ofwl.atevcr nature arising out
of work, labor, equipment, or materials fizr-~Zished by the Contractor or its subcontractors in connection with the
Work. Payment of the Contract Price shall not he due until the Contractor has delivered to the City Lien waiver°s
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 slue of 529,000 (the '`Contract
Price"), to be paid by the City in accordance with the terms and conditions of this Agreement and the Scope of
Work and Specifications. The Contract Price shall constitute the sole compensation payable to the Contractor for
its performance of the Wark 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 indemnify and save the
City harmless from. and. against any liability far any such taxes, fees, premiums, contributions, etc. that the
Contractor incurs in connection with the Work.
15. EXAMINATION OF CORK SITE ... Contractor agrees that the Contract Price specified i,n paragraph
14 of this Agreement is based upon Contractors examination of tlae work site and that it will make no claim far
additional compensation or the extension. of time for performance if t17e 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 ire the Contract Documents, winch Contractor can Shaw could not have been discovered in
the exercise of reasonable care prior to the submission of the Contract Price.
16. I'A~'1~IENT OF CONT CT 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; (b}all lien waivers as required by paragraph 14 of this Agreement (c'} and receipts from demolition disposal
and asbestos disposal. The City nay wit1r11oId payment of the Contract Price to the Contractor to such extent as
may be necessary to protect the City from loss on accout7t o£ (a} defective work not remedied; (b} claims or actio~~s
tiled or evidence reasonably indieatir~g the probable filing of the same against tl~e City with respect to the Work
performed; {c} the failure of tl~e Contractor to make payments properly to subcontractors and/ar suppliers fo~°
equipment, material, or labor, or to provide evidence that such payments have been made; (d} any cost for which.
t11e Contractor is liable under tl~e Contract 1ocuments; or (e) a breach by Contractor of any term, condition, or
provision contained in the Contract I}ocumer~ts.
17. EQIJA>L Elo/II'L,OYIl~IENT OPI'ORTIJNIT~ ... The Contractor shall not discriminate against any
employee or applicant far employment on the basis of age, race, color, religion, sex, or tzational origin. The
Contractor shall comply with all applicable laws, Executive 4~rders, and regulations concetningnon-discrimination
in employment, including tlte~ Equal Cppoz-tunity Clause of Section 2Ci2, executive Carder 11246, as amended,
which is hereby incorporated by reference,
15. INI3EEENHEN T CONTRACTOR STAT~JS ... Contractor is and shall remain an independent
contractor in the performance of the Wark, maintaining complete control of its workers and operations. Neither
Contractor nor a~~yone 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. CONT CT REI'RESENTATI~ES; AHI}RESSES ... The City's representative with respect to this
Agreen~e~~t shall be Sl~eita Cartney, tSssEStant Carn€nanity I3ov~lop~nor~t I~irectar, far the Cfty of Cals~~nbla
Heights. The Contractor's representative with respect to this Agreement shall be Aaron Vansickle. All notices,
requests, and instructions, or oti~er communications given or received by either party under the tel7ns 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:
CITI' AI)I9RESS: City of CoBtabia Heights
Attr-: Sheila Cartgaey
590 40th Avenue Northeast
Calursabia Heights, MN 55421.
CONTRACTOR A)DI?RESS: All Metro Excavation
6730 207`h Ave NW
Elk River MN 55330
2d. SUI3CONTRACTORS ... 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 other°wise
specifically agreed otherwise in writing by the City.
21. ASSIGNMENT ... This Agreement shall be binding upon and in orderto the benefit ofthe Contractor, its
legal representatives, heirs, successors, and assigns. loo assigmnent 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 assigmnent,
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 negotiatior~ts and dealings regarding the subject matter of the Contract
Documents are superseded by and merged into the Contract Documents.
23. AEI~L.ICAI3LE LAW ... This Agreement sl2all ba construed in accordance wrth and governed by the laws
of the state of Ivtinnesota.
2~. AMENDMENT ... This Agreement may be modified or amended only with the written approval of the
City a;~d the Contractor.
25. CONSTRUCTION ... In tl~e event that a~~~y one or i~nore of the provisions of this Agreement, or any
application thereof, shall Ise found to be invalid, illegal, ar otherwise unenforceable, the validity, legality, and
enforceability of fhe remaining provisions or any applicatio~i thereof shall not in any way be affected or impaired
thereby.
26. AUTI-IORIT~' ... 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. ~/AIVER ... No failure by the City to insist upon file strict performance of any covenant, duty,
agreement, or condition contained in this Agreement or to exercise any ~°ight 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 co~~~dition may be waived again.
28. NOTICE TO 1t ROCEED... The Contractor shall not proceed with work until the City issues a notice to
proceed which evidences the securing of necessary pennrts, insurances and any other requirements of the contract
documents.
29. COMI'LETI~le1 ~ERTI~'ICAT~...The Contractor shall receive a completion certificate upon
satisfactorily completing the work outlined in the contract documents.
IN VVITNES~ VJ[-IE12E0>E, the parties have set their hands this 24th day of May 2010.
C®1'~T ~'~'
e~
Its: ~IO'"~ ~ °~~~~..'~-'
It's City Manager-W ter R. Pehst