HomeMy WebLinkAboutContract 2308 Contract #
�� CITY OF COLUMBIA HEIGHTS
WORK AGREEMENT
This Agreement is made this 26th day ofJuly 2010, by and between the City ofColumbia Heights ("the
City")und VoituodComopooy Inc (the "Contractor") for Building Demolition, for the partial removal of a burnt
structure located at 3930 University Avenue 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 motion 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 foliows:
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 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 ofthe same docurnent. 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. The demolition is for the burnt structure only (main building). The structure and
burned materials shall be removed and disposed of properly. The foundation shall remain in place and not be
removed or filled in. Some type of fencing shall be placed around the foundation once demolition and removal is
complete. Hazardous materials have been identified in the subject building that need to be properly disposed of at
an appropriate off-site facility. Performance Based disposal includes no notice to the EPA and no specific cleanup
goals, but the ash must be disposed as a Toxic Substances Control Act (TSCA) regulated waste, at an approved
landfill or incinerator. Documentation from the approved disposal facility is required before final payment on the
ash, regulated/hazardous materials and demo debris before final payment is issued.
2. CONTRACT DOCUMENTS ... The Contract Documents shall consist ofthis Work Agreement and the
Scope of Work & Specifications prepared by the City, and signed by you, 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 of the Contract 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 /\g7ccmcnt.
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 ofthe Work. If the Contractor's performance is contrary to any such law, ordinance, rule, or
reQu|adon, 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 alt times prosecute 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 Workmanlike 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
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 August 30, 2010. 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 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 only 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 term of this Agreement_
c. Strikes -- Contractors who face union work stoppage in the case where they have to rely on such
a work force 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.
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 in significant delays.
7. AMENDMENT REQUEST 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 prior 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
. If approved, a copy of the signed Amendment Request Certificate will be forwarded to the Contractor.
Upon receipt by the Contractor of the approved Amendment Request Certificate, the approved Amendment(s) may
be implemented. All Amendments made before receipt ofan 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 ofthe 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 ofemergencies endangering the
safety ofpersons or property he iiade by written Cflange Order. The Contractor shail prornptly 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.
V. GENERAL GUARANTY ... The Contractor hereby guarantees to the City that all ofthe 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 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.
|O. WAIVER OF LIABILITY ... It is agreed that the Work is undertaken at the sole risk ofthe 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. INDEMNIFICATION ... 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 8rigbts, 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 i 'ury to or death ofany person or persons or damage to any property arising
out ofor by reason ofany act or omission ofthe 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 prot ctdse|f, the City ofColumbia l-Ieights under
the indemnity provisions set forth in paragraph || ofthis Agreement, it will at alt times during the term of this
Agreement, maintain, at a minimum, the following insurance poiicies:
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 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 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, or 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 form (or forms) of
coverage, shall be approved by the ED/\.
The Contractor agrees to maintain total liability policy limits of at least One Million Dollars
($1,808,000), applying to liability for Bodily Injury, Personal Injury, and Property Damage,
which total limits may he satisfied hy 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, uoo,
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 uCcrtifiouieof Insurance evidencing
all of the insurance policies required above is approved and a written Notice to Proceed is issued by an authorized,
representative ofthe 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, iodcmnifv, and hold
harmless the City of Columbia Heights from any and all claims, demands, or actions of whatever nature arising out
of work, ]abor, equipment, or rnaterials 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
acceptab]e 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 ofthe 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 sum of $64,449 (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 Work 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 for any such taxes, fees, premiums, contributions, etc. that the
Contractor incurs in connection with the Work.
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; (b) all lien waivers as required by paragraph 14 of this Agreement (c) and receipts from demolition disposal
and hazardous waste disposal and Ash disposal. 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 concerning non-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 Jason Mueller. All 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 the designated
representative of the other party at the following address:
CITY ADDRESS: City of Columbia Heights
Attn: Sheila Cartney
590 40 Avenue Northeast
Columbia Heights, MN 55421
CONTRACTOR ADDRESS: Veit and Company
14000 Veit Place
Rogers MN 55374
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
cperifirally agreed otherwise in writing by the City.
21. ASSIGNMENT ... This Agreement shall be binding upon and in order to the benefit of the 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 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 may be 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 Agreement, or any
application thereof, shall be found to he 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, agreement, term, or condition, nor does
it imply that such covenant, agreement, term, or condition may be waived again.
28. NOTICE TO PROCEED... The Contractor shall not proceed with work until the City issues a notice to
proceed which evidences the securing of necessary permits, insurances and any other requirements of the contract
documents.
29. COMPLETION CERTIFICATE...The Contractor shall receive a completion certificate upon
satisfactorily completing the work outlined in the contract documents.
IN WITNESS WHEREOF, the parties have set their hands this 26th day of July 2010.
O 1OLUM 11A H GHTS
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