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HomeMy WebLinkAboutContract 2347 • . BUILDING DEMOLITION CHUTNEY RESTAURANT (3700 CENTRAL AVE) & PARKING LOT (3706 CENTRAL AVE) CITY OF COLUMBIA HEIGHTS, MINNESOTA WORK AGREEMENT This Agreement is made this 28th day of April 2006, by and between the City of Columbia Heights C'the City") and Frattalone Companies ("the Contractor) for Building Demolition 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 scope of "work"); WHEREAS, Contractor represents that it has the necessary personnel, experience, competence, and legal right to perform the Work. 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 the Contract Documents before performing the Work and shall prompdy call to the atsmtiao 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 DOCUMErTfS...The Contract Documents shall consist of the Work Agreement and the Scope of Work & Specifications prepare by or on behalf of the City in connection with the Work ( where 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 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 I 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, titles 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 Contract's performance is contrary to any such law, ordinance, rule or regulation, it shall bear all costs arising there from. Contract 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 Connsotor shall at all times prosecute the Work diligently so as to insure its completion in fall accordance with the Contract Documents and shall at all times fluaish sufficient numbers and amounts of properly skilled Workers, acceptable materials and equipment, adequate services, construction tool, and equipment The Work shall be performed in a good and workmanlike =mar. 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 • 1 I 'd 550E' °N 3NO1V11V8d W3 INV8I:6 8004 'E 'Inf : . • • protect the property norm injury or loss, and will take all necessmy proceed= dwlaj wren of the Work to protect all person and the propaiy of others from inaty or dame. The Contractor will assume fine responsibility for all its tools and equipment and all materials to be used in connection with the Work Materials and equoigmaent that have been nemaied and replaced, as part of the Work shall belong to the contractor unless agreed otherwise. S. COMMENCEMENT AND COMPLETION OF TEE WOWS; LIQUIDATED DAMA GES...The Work mast commence no later than Jab 1. WM and be emisfactedly completed in the opinion of the city by §sitimkea In the cart the Work ie not commenced within ten (10) days of the date specified, the City may dismiss the Cauorator without any compensation whatsoever and appoint a substitute Contractor(s). If the Contractor is unship •to commence the Work by the specified date, it mist icy notify the city. • 6. EXCUSABLE DELAYS...The following druoamscana4 old only these circumetsnces, will, at the City's discretion, be considered legitimate cause hi a chaupe in the commount:Sent and/or completion dates specified in paragraph 5 of this Agreement: a. Material dday — material delays that are beyond the control &the Contractor, which can be shown to have directly caused the overall late completion. b. Advent weather conditions — weather conditions that directly affect the ecAedWing of e xterior work over a significant portion of the term of this Agreement. c. Strkes — Contractors who Ike union work stoppage in the case we they have to rely on such a wok force is order to oaurplate the Work. d Amendments — significant macadamia in die original scope of node, 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 (los tracer, which neeceediates a signifinent lenin of absence from the job. L Proven lack of cooperation from persona in possession of the property ranking in significant delays. g. Proven lack of cooperation from the Contractor's arms malting in significant delays. 7. AMENDMENT REQUEST CERTIFICATE—Clumps in the scope, specifications, or cost of the Walk that are proposed by the Contmctor subsequent to the execution of this Apeman shall be consideaod Amendments. No such Amendments shall be made without proper written approval by the city. Any Amendment proposed by the Contractor shall be submitted via an Amendment Request Certificate. The Amendment Request Certificate mmst: (a) be signed and dated by the Contract (b) specify how the Work is to be amended and the cost kr such Amendments; and (c) specify the reason for any coat ins esaelduoaee mulling from the mss). The City will approve or disapprove the Amendment Bequest Certificate hiker appropriate review and property inspection. If approved, a copy of the signed Amendment Ropiest Certificate will be forwarded to the Candor. Upon receipt by the Contractor of the approved Amendment Request Certificate, the approved Amendment(s) map be implemented. All Amendments made before receipt don approved Amendment Request Certificate will not be compensable by the City. No such Amendment Ragmen Certificate shall be deemed to constitute a waiver at any remaining covenant, agreement, term, or eoardtioa contained in the Contract Documents. 8. CHANGE OlDER...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 firm it. All changes shag swept in the case of emergencies endangering the s ty' Of person or property be made by written Change Order. The 2 Z 'd 550£' °N 3NO1V11V83 OJ OV61 :6 8002 'E 'Pr • Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms tnd conditions contained in the Contract Documents. 9. GENERAL GUARANTY...The Contractor hereby guarantees to the City that all of the Work shall be completed in a competent, worlmtan- -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 limits and defects. The Contractor shall assign to the City (if assignable) or enforce for the benefit of the City (If net assignable) any guarantees provided by manes or sellers of machinery materials or equipment that are to be incorporated into the Work. The City 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 tbrever 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. INDEMNIFICATIONS... 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 all liability, loss, cost, damages, expenses, claims, or actions, including attorneys' rhea which the City of Columbia Heights, council members, officers, or employees may hereinafter incur or be required to pay on account 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. 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 term of this Agreement, maintain, at a minimum, the following insurance polices: a. Workers Compensation Insurer& 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 wcrlter'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 ( "COL "), 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 OL 0404, or an equivalent form (or forms), so long as such an equivalent Sum (or forms) afB rds coverage which is in all material respects at least as broad. Any equivalent form (or forms) of coverage shall be approved by the CITY OF COLUMBIA HEIGHTS. 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 Injury, and Property Damage, which total limits may be satisfied by the limits afforded wider its Occurrence Based COL policy as specified above, or by such policy in combination with 3 ' 'd MEAN 3NO1V11Va3 W3 wV6 (:6 8002 'C ' i n n 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. The Contractor shall maintain automobile liability insurance covering liability for Bodily Wyly and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, ton -owned, and hired automobiles and other motor vehicles. Such policy shall provide total liability limits fir. combined Bodily Injury and/or Property Damage in the amount of at least One Million Dollars (51,000,000) per accident, which. total limits may be satisfied by the limits afforded under such policy, or by such.pohcy in combination with the limits afforded by an Umbrella Liability Policy (or pglicies).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" patties with respect to the insurance policies specified in (b) and (e) 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 OF COLUMBIA HEIGHTS. The CITY OF COLUMBIA HEIGHTS 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 OF COLUMBIA HEIGHTS may reasonably require for the protection of its interests or those of the public. It is expressly understood that the CITY OF COLUMBIA HEIGHTS does not in any way represent that the minimum insurance coverage act forth in this paragraph is sufficient or adequate to protect the interest or liabilities of the Contractor. 13. BOND ... The Contractor shall iinnish payment and performance bonds, issued by a surety acceptable to the City, at least equal to the Contract Price as that amount may be amended from time to time, and including, but not be limited to coverage for liquidated damages provided for in paragraph 5 of this Agreement, and the period of coverage by any warranty required by the Work. The bonds shall remain in effect for one year after the date the Completion Certificate is executed by the City for any warranty period required d by the Work, whichever date is later. The premiums for such bonds be deemed to be included in the Contract Price, and no additional compensation shall be payable to the Contractor with respect to such bonds. No Change Order, approval or disapproval of an Amendment Request Certificate, changes in the commencement and/or completion dates pursuant to paragraph 5, failure to enforce any rights arising under the Contract Documents, or other act or Mean= of the City shall, oleos specifically agreed to otherwise by the City, operate to release or discharge any surety or sureties under any such bond. 14. LIEN WAIVER ... Neither the Contractor nor any subcontractor or other person or entity punishing labor, equipment, or materials in connection with the Work shall file any mechanic's lien against the City's building', structures or land or any part thereof The Contractor shall protect, did, indemnify, and hold harmless the City of Columbia Heights from any and all claims, demands, or actions of whatever nature arising out of work, labor, equipment, or materials 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 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. 4 V 'd 990E'oN 3NO1Y11Y83 IH WVOl:6 8001 'E 'Inf • 15. CONTRACT PRICE ... The Contractor tigress to furnish all work, labor, materials, and equipment necessary to complete the Work as set fiordi.in the Contract Documents far the sum of $24 ,600 ( the "Cataract 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 f 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, &xs, premiums, contributions, etc. that the Contractor incurs in connection with the Work. 16. EXAMINATION OP WORK SITE ... Contractor agrees that the Contract Price specified in paragraph 15 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. 17. 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) a properly executed Completion Certificate; (c) a Sworn Construction Statement; and (d) all lien waivers as required by paragraph 14 of this 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 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 Contactor is liable under the Contract Documents; or (a) a breach by Contractor of any term, condition, or provision contained in the Contract Documents. 18. EQUAL EMPLOYMENT OPPORTUNITY ... Contractor not to 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. 19. 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. • 5 q • d MEAN 3NO1V11V d W3 WVO :6 8004 'C 'inn 20. CONTRACT REPRESENTATIVES; ADDRESSES ... The City's representative with respect to this Agreement shall be Scott Clark, Community Development Director, City of Columbia Heights. The Contractor's representative with respect to this Agreement shall be Nick Frattalene. 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 OF COLUMBIA HEIGHTS ADDRESS: Attn: Scott Clark — Community Development Director 590.40° Avenue Northeast Columbl* Ilelghta, MN 55421 • • CONTRACTOR ADDRESS: Nick Frattalo■e Frattalone Companies 3205 Spruce Street St. Paul, MN 55117 21. SUBCONTRACTORS ... Contractor agrees to bind every subcontractor by the terms, conditions, and provisions set for in the Contract Documents that are applicable to the subcontractor's work, unless otherwise specifically agreed otherwise in writing by the City of Columbia Heights. 22, 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 Worn in accordance with the Contract Documents. 23. 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. 24, APPLICABLE LAW ... This Agreement shall be construed in accordance with and governed by the laws of the state of Minnesota. 25. AMENDMENT ... This Agreement may be modified or amended only with the written approval of the City and the Contractor. 26. CONSTRUCTION ... In the event that any one or more of the provisions of this Agreement, 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 acted or impaired thereby. 27, AUTHORITY ... Each of the undersigned panics 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 6 9 'd 550C'oN 3NO1V1083 W3 WV1Z:6 8001 1 ' Inf •a he or she has full authority to sign on behalf of the corporation and that he or she represents and binds such corporation thereby. 28. WAIVER ... No failure by the City to insist upon the strict performance of any covenant, duty, agnomen; 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, tam, or condition, nor does it imply that such covenant, agreement term, or condition may be waived again. • IN WITNESS WHEREOF, the parties have set their hands this 28th day of April 2003. O'�/ U . r .1: o: .. lir .Aei, , , • A . 7, — . ''''''' ' s ... - my . M anon City Manager— W R. F CONTRACTOR CtjAiUtri_6" / L 40:4 Witness Its — 5t IF ..— err 7 L 'd MEIN 3NO1V11V d NU OV1: 6 8002 'E 'Inf