HomeMy WebLinkAbout16- Professional Services Agreement, Bozeman Downtown Tax Increment Finance District - Montana Crane Service - 2016 Downtown Intersection Cable Anchor Project v
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 14 day of September 2016, by and
between the BOZEMAN DOWNTOWN TAX INCREMENT FINANCE DISTRICT, an agency
of the City of Bozeman,which is a self-governing municipal corporation organized and existing under
the laws of the State of Montana,with a mailing address of 222 East Main Street, Suite 302,Bozeman,
Montana, hereinafter referred to as "TIF," and Montana Crane Service, with a mailing address 209
East Cedar, Bozeman MT 59715, hereinafter referred to as "Contractor."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as"Exhibit A"and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services (Exhibit A). For conflicts between this
Agreement and the Scope of Services,unless specifically provided otherwise,the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Contractor Bid
and Fees (Exhibit B)upon receipt of monthly invoices,which shall be submitted to the City's project
manager for approval.Any alteration or deviation from the described services that involves additional
costs above the Agreement amount will be performed by Contractor after written request by the City,
and will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5. Contractor's Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost,progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
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competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party,whether rights of copyright,trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City's
personnel policies handbook and may not be considered a City employee for workers' compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation Act,
Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers' compensation coverage for all members and employees of
Contractor's business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take to services shall be left to the discretion of Contractor;provided,however,
that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate
relief to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered,to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
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for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney's fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities(including liability where activity is inherently or intrinsically dangerous)
or damages of whatever kind or nature connected therewith and without limit and without regard to
the cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i)the negligent, reckless, or intentional misconduct of the Contractor; (ii) any
negligent,reckless, or intentional misconduct of any of the Contractor's agents; or(iii)the negligent,
reckless, or intentional misconduct of any other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses,including reasonable defense attorney fees,to the extent caused by the negligence or willful
misconduct of the Contractor or Contractor's agents or employees.
Such obligations shall not be construed to negate,abridge,or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor's
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City's performance under this
Agreement,the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this Agreement
except"responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
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hereunder.
In addition to and independent from the above,Contractor shall at Contractor's expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in subsection(a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers' Compensation—statutory;
• Employers' Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate; and
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a sixty
(60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor's receipt of notice that any required insurance coverage will be terminated
or Contractor's decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work. (See Exhibit B.)
8. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor's right to proceed with all or any part of the work ("Termination Notice Due
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to Contractor's Fault"). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor ("Notice of Termination for City's
Convenience"). The termination shall be effective in the manner specified in the Notice of
Termination for City's Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
C. In the event of a termination pursuant to this Section 8, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City's Convenience.
d. The compensation described in Section 8 is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special,punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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10. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City's Representative: The City's Representative for the purpose of this
Agreement shall be the Chris Naumann, Downtown TIF District, or such other individual as
City shall designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Agreement, such communication or submission shall
be directed to Chris Naumann as the City's Representative and approvals or authorizations
shall be issued only by such Representative;provided,however,that in exigent circumstances
when City's Representative is not available, Contractor may direct its communication or
submission to other designated City personnel or agents as listed above and may receive
approvals or authorization from such persons.
b. Contractor's Representative: The Contractor's Representative for the
purpose of this Agreement shall be Nick Poncelet or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor's
Representative; provided, however, that in exigent circumstances when Contractor's
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances,rules,and regulations,obtain all necessary permits,licenses,including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. The Contractor will not refuse employment to a person,bar a person from employment,
or discriminate against a person in compensation or in a term, condition, or privilege of employment
because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual
or perceived sexual orientation, gender identity, physical or mental disability, except when the
reasonable demands of the position require an age, physical or mental disability, marital status or sex
distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of
1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The
Contractor shall require these nondiscrimination terms of its sub-Contractors providing services under
this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S.Department of Transportation
(DOT)regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
hereunder,without the prior written consent of City except Contractor may use the subconsultants for
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services identified in the Scope of Work. Any subcontractor or assignee will be bound by all of the
terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to
give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled
to reasonable attorney's fees and costs,including fees, salary,and costs of in-house counsel to include
City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each parry duly authorized to execute settlement agreements. Upon mutual
agreement of the parties,the parties may invite an independent,disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty(30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
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23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
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IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year
first above written.
CITY OF B ZEMAN Montana Crane Services
Downtown IF District CONTRACTOR
ABy By
Chris Naumann,Downtown TIF Director ick Ponce et, Operations Manager
AZullivan,
FORM:
B
zeman City Attorney
Professional Services Agreement for 2016 Downtown Intersection Cable Anchor Project
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EXHIBIT A: Scope of Services
Project Timeline:
Begin Work during week of October 10, 2016
Work to be completed by November 18, 2016
Work will begin with the Avant Courier Building and proceed to other locations at the
Contractor's discretion.
Documentation Requirements:
Contractor will take and provide the following digital pictures for each of the eleven (11)
anchors once the prescribed repairs and maintenance has been completed.
• One photo showing the entire anchor system
• Two photos (one from the left side and one from the right side) showing a close up
of interior aspect of the anchor
• Two photos (one from the left side and one from the right side) showing a close up
of exterior aspect of the anchor (showing the safety cables and attachment point)
Photos will be sent via e-mail to Chris Naumann (chris downtownbozeman.org) and Rick
Kerin (rick kerinandassociates.com) within 24 hours of the work performed on each
anchor.
Change Order Requirements:
Contractor will contact Chris Naumann and Rick Kerin if they observe any conditions not
documented in the description of work below or if Contractor has any questions about the
condition of the current anchor or prescribe repairs and maintenance.
Contractor will contact Chris Naumann and Rick Kerin to request permission to perform
any repair or maintenance work that deviates or differs from the description of work
prescribed for each anchor.
Description of Work:
The downtown intersection cable anchor system consists of sixteen (16) anchors at four
(4) intersections. Five (5) of the anchors were repaired and upgraded in November 2015.
The scope of work for this project includes the remaining eleven (11) anchors.
The required maintenance, repairs and upgrades for each of the eleven (11) anchors are
described in detail below. The required work was identified and specified by Kerin &
Associates in 2015.
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Chris Naumann, Downtown Partnership, will communicate and coordinate with the
involved property and business owners in advance of the work commencing.
Kerin & Associates Inspection Findings and Recommendations
(Below are excerpts from the original Kenn report. Complete report available upon request.)
Kerin& Associates (KA), P.C. was retained by the Downtown Bozeman Partnership (DBP) to
inspect the four(4) key intersections on Main Street that have steel cables suspended across them.
The location of the four intersections involved are shown in Figure 1 Key Main Street Cabled
Street Intersections Location Map—DBP Bozeman, Montana. The cables support the many
intersection banners that recognize the major events that go on in Bozeman throughout the year.
Most notably, the City annually installs four (4) Christmas decorations at the four intersections,
listed below. This large intersection Christmas decoration is what the longstanding cabling system
is actually designed to handle.
The building cable-mounting brackets and each of the six (6) crossing cables that comprise the
cabling system at each of the four(4) major intersections are discussed below, beginning with Main
Street at Willson Avenue.
* 1 MMMALL STREET �nt�Iara�• - R�-�e
s
=vd)5-� W.:— Abe;_
.f �.1� ��i 4 t t•3
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B " A SCINEE'S I� Y. C R AL R�
ICCIVG Di r .FBk� UI - BLIIL➢L\ G D G IitA11 BDIv. T!-= CLO. :- IIZIFR 5 CO-OP gx 1
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j LftLDNG $CILDI\G :p
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$kBCOCf ^; r
ff Figure I —Key Main Street Cabled Intersections Location Map—DBP Bozeman,MT,(Google Earth'"')
Main Street at Willson
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This intersection involves two (2) anchors in need of maintenance, repair, and/or upgrades.
Chalet Sports — Downtowner Building
This building attachment bracket, shown below in Figure 4—Chalet Sports—Downtowner Mall
Wall-Mounted Cable Bracket,for this building is a face-mounted bracket on the leading edge or
corner of the building. The three (3) steel cables attached to this bracket are connected to a"D"
ring welded to the 90-degree corner of this steel bracket. This particular building bracket is still
very serviceable and does not appear to need any immediate repair work. There are two embedment
bolts securing each leg of this flat(3-inch wide) steel-plated bracket to the brick building. KA did
not observe any bolt pull-out and the bolts appear to be securely anchoring the plate steel legs of the
bracket to each side of the building.
y J�
"D" ring cable
anchor
J'
Face-mounted wall bracket
Figure 4—Chalet Sports-Downtowner Mall Wall—Wall-Mounted Cable Bracket
Recommended Repairs or Improvements
The only recommended improvement needed for the Chalet Sports Building is the addition of safety
cables for each of the three (3) intersection crossing cables. The safety cables, shown in Figure 4a
below, are recommended to prevent any of the three (3)main crossing cables from breaking loose
and falling onto (and blocking) any of the important streets below.
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NOTE: MOUNT"' SAFETY
CABLES TO BOTH
WALL-MOUNTED AND TYPICAL(W ALL-MOUNTED)CABLE
ROOF-MOUNTED STREET ATTACHMENT BRACKET
CABLE BRACKETS(ALL
BUILDINGS)
-a.
PRIMARY STREET
CROSSING CABLE
14'SAFETY CABLE
s PRIMARY STREET
CROSSING CABLE
$"PRIN ARY
DLAGONAL
CABLE
SAFETY CABLE FOR
EACH PRIMARY CABLE
STANDARD CABLE CLAMPS(TYP)
Figure 4a—Safety Cable Standard Detail
The recommended improvements for Chalet Sports building include:
• Add minimum sized %"-safety cables with a minimum of two (2) cable clamps for each of
the two (2) connecting loops in the cable. (See Figure 4a).
• Apply a coat of rust inhibitor paint to match brick or masonry color on all exposed metal
components including the cables themselves through their cable tie connectors.
Bon Ton Building
The Bon Ton building cable bracket, shown in Figure 7—Bon Ton Roof-Mounted Cable
Bracket, is in good serviceable condition. The main street cables have no safety cables attached to
them,though, but none of the others do on Main Street either. Some rubbing of the cables and
cable ties is occurring against the parapet wall cap metal cladding; so, a treated wood shim slid in
between the cables and the parapet cladding would prevent this type of wear. As with most all of
the exposed metal brackets on Main Street, this cable bracket has evidence of rust build-up on the
exposed metal parts of the bracket including the cables and cable clamps.
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"N" -
Add additional dead
man anchor cable tie
back
Add additional dead man anchor
cable tie-back
Figure 7—Bon Ton Roof-Mounted Cable Bracket
Recommended Repairs or Improvements
Recommended repairs to the Bon Ton roof-mounting bracket are:
• -Installing%"-inch diameter safety cables to all street crossing cables. (See Figure 4a).
• Spraying or painting all exposed metal including the roof tie-back cable with rust inhibitor
paint.
• Adding a piece of treated wood under the cables to serve as a shim between the cables and
parapet cap cladding.
• Add two additional dead-man anchors or tie-backs on the roof, as shown in Figure 7,
above.
Main Street at Tracy
This intersection involves three (3) anchors in need of maintenance,repair, and/or upgrades.
Cello Building
The cable bracket for Cello is a roof-mounted device, shown in Figure 8—Cello Building Roof-
Mounted Cable Bracket. A great deal of work was recently done on the roof of this building to
install solar power collectors and a new roof membrane. During the process of installing these new
roof improvements, the anchoring or roof tie-backs for this bracket were also re-done. This cable
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bracket is equipped with three (3) safety (recently new) tie-backs or dead man anchors. Three such
tie-backs is a very good number and provide a comfortable margin of safety or redundancy.
This building's cable bracket and welded"D"ring cable anchor is the same device that has been on
this building for many years. It is still very serviceable and only needs some minor repairs to ensure
its longevity. One of the additions, of course, is safety cables added to each main intersection
crossing cable. In addition; the metal bracket, its components, the cables, and cable ties, all need to
be sprayed with a rust inhibitor paint.
Worn edges on parapet
cap stone
sr '
;a
Existing dead man
building anchors
t
Figure 8—Cello Building Roof-Mounted Cable Bracket
Recommended Repairs or Improvements
Repairs or improvements needed for the Cello roof bracket are as follows:
• Rust inhibitor paint on the metal angle iron parapet attachment bracket that extends
above the roof line and the "D" ring. Also rust paint should be applied to the cable and
cable ties within reaching distance.
• Security%" safety cables need to be added for each street and intersection crossing cables.
(See Figure 4a).
• Add a larger treated wood shim to prevent cable wear against ceramic the roof parapet
cap.
Berg Law Building
The cable mounting bracket on the Berg Law Firm building consists of welded 3-inch strap steel
retrofitted to the corner of the building as shown in Figure 9 —Berg Law Firm Building Wall-
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Mounted Cable Bracket. Like the other wall-mounted cable brackets on Main Street, a metal "D"
ring is welded on the bracket at the apex of the building corner to connect the intersection cables.
The bracket appears to be in good serviceable condition, but could use a coat of rust inhibitor paint
on the bracket, "D" ring and cable ties. Additionally, safety cables need to be added.
`t
j
j -
Figure 9—Berg Law Firm Building Wall-Mounted Cable Bracket
Recommended Repairs or Improvements
The following repairs or improvements are recommended to this wall-mounted cable bracket.
• Rust inhibitor paint needs to be applied to the bracket and cable attachments, its
embedment bolts, the "D" ring cable bracket and the cable ties.
• Each cable needs to be equipped with safety cables (1/4" size) with a minimum of two (2)
cable ties per looped connection. (See Figure 4a).
Avant Courier Building
The Avant Courier building has a single "eye"-type embedment bolt servicing as its cable
attachment device to the building, as shown in Figure 10—Avant-Courier Wall-Mounted Cable
Bracket. There is a piece of angle iron welded to the "eye"bold, but this short piece of angle iron
is not thru-bolted in any way to the building; so, it serves no useful purpose that KA can determine.
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Avant-Courier
wall-mounted cable
bracket
Single "eye" cable
attachment
Figure 10—Avant-Courier Wall-Mounted Cable Bracket
The draw-back and short coming of this building bracket is there is only one embedment (eye) bolt
securing all of the intersection crossing cables attached to this anchor. A better solution, would be
to add some steel extensions to the section of angle iron and extend them around each corner of this
building and expansion anchor them through the street-facing walls of the building to a similar
anchor plate on the inside of the exterior wall. KA provides a detail in Figure 10(a)—Suggested
Cable Attachment Bracket Retrofits to Avant-Courier Cable Bracket.
W x / 5/8"dla.
i` embedment
bolts(typ)
Figure 10(a)—Suggested Cable Attachment Bracket Retrofit to Avant-Courier Wall Bracket
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Thru-bolts need to be drilled all the way through the exterior wall and fastened to retrofit metal wall
gusset plates fastened to the inside wall above the existing drop ceiling or above the desk in Figure
10(b).
Cei11
Inside Wall of Bracket is
Located above Drop Ceiling
Need to Temporarily Move
Desk & Equipment to Place „a '
Ladders in Order to Access
Figure 10(b)—Senator Tester's Office—Anchorage in corner above desk and above drop ceiling
Recommended Repairs or Improvements
Recommended repairs to the Avant-Courier cable bracket include the following:
• Add strap steel legs to this bracket, securing them to each side wall, as shown in the Figure
10(a).
• Coat the exposed metal component parts of this bracket with rust inhibiting paint.
• Add minimum sized %" safety cables to each main street crossing cable. (See Figure 4a).
Main Street at Black
This intersection involves three (3) anchors in need of maintenance, repair, and/or upgrades.
Community Food Coop Building
The roof-mounted building cable bracket for the Community Food Coop Building, shown in Figure
12 —Community Food Coop Roof-Mounted Cable Bracket, appears to be stable with an array
and sufficient (redundant) number of dead man cable tie backs to the roof. There are four such(4)
cable tie-backs securing this bracket to the roof of the building. There is evidence of anchor bolt
pull-out with one of the anchor bolts that secure the angle iron leg that parallels Black Street to the
roof parapet wall. The bracket and its connecting cables, including their cable clamps, show signs
of rust. Otherwise,this bracket and its cable attachments are generally very serviceable and this
bracket only needs a few minor repairs.
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;a -
Wood shim
(� Anchor bolt pull-
out
Add additional angle �
iron embedment bolts
Dead man tie
backs
Figure 12—Community food Coop Roof-Mounted Cable Bracket
Recommended Repairs or Improvements
Recommended repairs to this roof-mounted building cable bracket at the Community Food Coop
Building are as follows:
• Provide at minimum three (3) additional angle iron embedment anchor bolts (epoxy-
expansion anchors, 5/8" nominal size with 6-inch minimum embedment) as shown on
Figure 12, above.
• Coat all exposed metal to include cables and their cable ties and the four (4) dead-man
anchor brackets and their anchor cables with rust inhibitor paint.
• Provide either a treated wood or metal shim to stop the rubbing of the cables/cable ties to
the metal parapet cladding metal.
• Install minimum sized %" safety cables to each street crossing cable. (See Figure 4a).
Delaney & Company Building
This building's cable bracket, shown in Figure 14 —Delaney & Company Roof-Mounted Cable
Bracket, is secure with no reported problems in the recent past. Like many of the other roof
parapet brackets on Main Street, this one is in generally good condition and is functioning well.
Most notably, the addition of two dead man cable anchors, one along each of the two parapet walls,
is warranted.
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Install additional
safety cable
Install additional (dead man)
safety cable . .
i
(dead man)
Figure 14—Delaney&Company Roof-Mounted Cable Bracket
A concrete settlement crack(see Figure 14(a)—Concrete Parapet Crack) is evident in the
concrete parapet wall cap. While there is no evidence that this crack is widening, it nevertheless
signifies that something should be done to prevent it from worsening. KA recommends a
reinforcing or retaining plate be installed securing the apex corner of the parapet to the cap wall of
the building.
Professional Services Agreement for 2016 Downtown Intersection Cable Anchor Project
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t ,
ell
Steel parapet cap t,
Figure 14(a)—Delaney&Company Roof—Concrete Crack Repair,Corner Parapet
Recommended Repairs or Improvements
KA recommends the following improvements to this roof bracket:
• Add two additional dead man cable anchors, one along each of the two parapet walls for a
total of three (3).
• Spray paint the exposed metal components within reach of the roof with a rust-inhibitor
paint.
• Install minimum sized 1/4" safety cables with at least two cable ties per looped connection
for each of the three street cables. (See Figure 4a).
• Install a metal corner retainer cap to secure the cracked concrete parapet corner to the cap
wall. KA offers a suggested repair to the corner parapet in Figure 14(a)—Concrete Crack
Repair—Corner Parapet.
US Bank Building
The face-mounted building bracket, as shown in Figure 15—US Bank Building Face-Mounted
Building Bracket, below, on this building is a stable bracket and has been securely fastened to the
building for the 10+ years that KA has been observing and inspecting the Main Street cabling
system for the DBP. There are a few maintenance items that need to be addressed with this bracket,
as with all of them on Main Street, but the ones, listed below, are routine repairs.
Professional Services Agreement for 2016 Downtown Intersection Cable Anchor Project
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I
i
i�
t .
Figure 15—US Bank Building Wall-Mounted Cable Bracket
Recommended Repairs or Improvements
Recommended repairs and improvements to the US Bank bracket are:
• Install minimum sized %" safety cables for each of the Main Street crossing cables and at
least 2-cables ties per safety loop. (See Figure 4a).
• Either hand paint or spray paint a rust inhibitor on the exposed metal bracket and street
crossing cables and their ties.
Main Street at Bozeman
This intersection involves three (3) anchors in need of maintenance, repair, and/or upgrades.
Blackbird Building
Beginning in the southwest quadrant of this intersection is the Blackbird Building. This building is
equipped with individual "eye"bolts that protrude in three directions to align with the street cables
connected to them. Figure 16 —Blackbird Building Individual Cable "Eye" Embedment Bolts,
shows exactly how these "eye"bolts are attached to the building. When this building was
remodeled in the recent past, these new eye bolts were installed to accommodate the street cables.
They appear to be adequately securing the cables to the building, but like the cable bracket for the
Avant-Courier Building, there are no building tie-backs or dead man anchors and it is not possible
to install building tie-backs to single anchor bolts, like these.
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KA did not investigate exactly how the eye bolts are embedded into the facing brick of the building.
Presumably,they are gusseted or plated to either the back side of the roof parapet or internally
platted in some manner to counter possible eye-bolt pull-out or withdrawal from the facing brick.
There is no convenient way to incorporate dead man anchors or roof tie-backs to the eye bolts. It is
an easy task to install safety cables and they should be added.
Embedded"Eye"bolts
(tyP)
10000 row,
Figure 16—Blackbird Building Individual Cable"Eye"Embedment Bolts
Recommended Repairs or Improvements
The only repairs that KA can see for the Blackbird building are:
• Installation of minimum sized %" safety cables for each of the three crossing cables with a
minimum of at least 2-cable ties for each loop of the safety cable. (See Figure 4a).
• Spray paint a rust inhibitor on the eye bolts and cable connecting hardware.
Bangtail Bikes Building
This face-mounted building cable anchor for this building is shown in Figure 17—Bangtail
Building Wall-Mounted Cable Anchor. Bangtail is equipped with a face-mounted angle iron
cable bracket. The short section of angle iron is attached to the North Bozeman street-facing side of
the building. The bracket is secured to the building with two embedment anchor bolts. KA has no
reason for concern with this bracket and notes it to be in good serviceable condition. It appears to
be securely attached to the building with no sign or evidence of any bolt pull-out. The cables are
securely attached to the bracket. Other than safety cables for each of the three (3)main street
crossing cables,this bracket only needs to be periodic inspection every five (5) years for any
changes and a rust inhibitor applied to prevent rust.
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Figure 17—Bangtail Building Wall-Mounted Cable Anchor
Recommended Repairs or Improvements
Repairs and improvements to Bangtail building bracket and connector cables are as follows:
• Install minimum sized %" safety cables for each intersection cable with 2-cable ties per
safety loop. (See Figure 4a).
• Provide rust-inhibitor paint to the bracket and attachment cables through at least the cable
ties.
First Security Bank Building (FSBB)
The building cable bracket for this building was improved when the FSBB was re-modeled within
the past 10 years. It was timely, when the new steel cable mounting framework was added to the
building's marquee clock-thermometer at the intersection. While the cable-mounting bracket only
has one dead man tie-back to the building, it all appears to be secure, as shown in Figure 19—First
Security Bank Building Stand-Alone Cable Anchor. Short of the safety cables, no other
improvements need to be done to this cable bracket other than periodic inspections on a five (5)
year schedule, like the others. The metal component parts of the FSBB's intersection cable anchor
are all stainless steel, so no rust inhibitors are necessary, here.
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Welded eyelet cable anchor
Sole tie-back/dead man cable
anchor
i
Figure 19—First Security Bank Building Stand-Along Cable Anchor
Recommended Repairs or Improvements
The only recommended improvement for at the FSBB is as follows:
• Add %" safety cables for each of the three main street crossing cables including at
minimum 2-cable ties per loop in the safety lines. (See Figure 4a).
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EXHIBIT B: Contractor Bid & Fees
tana
209 East Cedar
Bozeman,MT 59715
September 7,2016
Chris Naumann
Downtown Bozeman Partnership
222 East Main Street#302
Bozeman,MT 59715
Via E-mail to chrisndowniownbozeman.org
RE:2016 DOWNTOWN BOZEMAN INTERSECTION CABLE and ANCHOR PROJECT
Dear Chris,
Thank you for calling Montana Crane Service,we appreciate the opportunity to quote your upcoming project. Our quote
includes the equipment, labor and materials to repair or retrofit the eleven(11)cable anchors as described in the RFP.
The following proposal includes a three(3)man crew to complete the work in a five(5)day period. Ideally,we would
like to start work with one of the more involved repairs such as the Avant Courier Building,allowing our welder to
obtain some of the specifics and begin bracket fabrication while other crew members can complete some of the simpler
updates(installation of safety cables,for example)on the other buildings.
We would intend to access the buildings from a single man lift located in the parking lanes of either Main Street or the
intersecting streets. Our quote assumes that the DBP will coordinate with the property owners to allow access inside
buildings as needed.Anticipated traffic control would be blocking portions of the parking lanes late night or early
morning prior to the work, and using signage and barricades to keep pedestrians out of harm's way.
If awarded the bid,we would like to mobilize and begin work no later than the week of October 3rd to allow us plenty
of time to deal with any unexpected circumstances that may arise and still complete the job by the deadline of
November I Ith. We feel that with our experience performing previous years' downtown intersection upgrades,we
would be able to complete this project to meet your standards. Following your review of our quote,please feel free to
call with any questions or concerns you may have.
QUOTE
Planningand Design .................................................................................................................... 400.00
Job Preparation and Mobilization ............................................................................................ 1,420.00
Site Supervisor(Estimated 48 hours @ $80/hour) .................................................................. 3,840.00
Welder(Estimated 48 hours @ $80/hour) .............................................................................. 3,840.00
Laborer (Estimated 48 hours @ $60/hour) ............................................................................. 2,880.00
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Daily Preparation and Travel ................................................................................................... 1,100.00
OvertimeOnsite .......................................................................................................................... 480.00
Hand and Power Tools (Estimated 5 days @ $200/day) ......................................................... 1,000.00
Articulated Man Lift (Estimated 5 days @ $250/day) ............................................................. 1,250.00
Traffic Control (Estimated 5 days @ $80/day) ........................................................................... 400.00
Materials (Cost plus 15%) ........................................................................................................ 2,460.00
8%Oversight and Overhead .................................................................................................... 1,526.00
TOTAL: Including Estimated Onsite Costs ......................................................................$ 20,596.00
SPECIAL CONDITIONS: (Read carefully before signing)
* Scheduling of a crane is on a first come first serve basis upon return of a signed quote. In the event
Montana Crane Service performs the work herein described and client has failed to sign and return a copy
of the quote such performance by Montana Crane Service shall be deemed client's consent and agreement
to be bound by all the terms and conditions of this quote.
* Unforeseen circumstances which affect cost to complete a priced item will be billed as an extra charge
on a time and materials basis.
* Standby time for the crane due to the following and related circumstances will be charged at the 60%
of the listed hourly equipment rates. Labor will be charged in full.
❑ poor site accessibility and in route delays
❑ not enough space to maneuver the crane or the trucks
❑ additional excavation required to make level, enlarge set area, or improve access
❑ additional compacting or blocking because of insufficient compaction or soft ground
❑ passageways being too narrow
❑ waiting for power lines to be turned off or dropped
❑ high winds
❑ late or non-arrival of crew
❑ late or non-arrival of materials
* Per Diem, if applicable, is charged at the rate of$125.00 per man, per night.
* Overtime hours, if not specifically addressed in the quote, will be charged at the rate of$20.00 per
hour per man for all hours over eight per day.
* Prevailing Wage hours, if not specifically addressed in the quote,will be charged at the rate of$ 15.00
per hour for all applicable hours.
* Montana Crane Service, Ltd. assumes liability for legibly marked utilities. Montana
Crane Service, Ltd.will not pay for non-located, miss-marked, or illegibly marked utilities.
* Montana Crane Service will not be held liable for any problems or costs or delays associated with
Montana Department of Transportation overweight and oversize permitting.
* Detours, "return to base", or unforeseen extra travel or transport due to special road weight
restrictions and height restrictions or limitations,government bridge weight restrictions or private bridges
determined unsafe to cross by the crane operator will be charged for.
* Montana Crane Service will not be liable for damage caused by overloading of structures to be crossed
over or structures adjacent to set up area.
* Our mobilization price includes the cost to transport fully assembled all of the equipment necessary to
complete this project as priced. If it becomes necessary to disassemble the quoted equipment,to transport
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additional equipment, or to transport the quoted equipment extra times because of circumstances out of
our control, we will charge extra.
* Credit arrangements must be made in advance if you want to charge on account. Montana Crane
Service will finance our services over a 12-month period. Financing must be pre-approved; down payment
and monthly installments can be adjusted on an individual basis.
* Customer agrees to pay full attorney fees and collection costs if payment is not received on a timely
basis. Customer also agrees to pay periodic service charges on past due balances. Notice is hereby given of
intent to file notices of right to file lien and intent to file a lien if payment is not made when due.Service
Charge is 1% monthly, 12%annually; minimum charge is$1.00/month.
* Any disputes arising from this agreement shall be governed by Montana law, and shall be decided
solely and exclusively by local, state, or federal courts located in Bozeman, Montana.
* Certificates of Worker's Compensation and Liability Insurance will be provided upon request by the
customer.
* We carry$ 1,000,000.00 in rigger's insurance. Increased coverage requires a quote from the
underwriter. If additional hook insurance is required,the additional cost will be charged to the customer
at cost plus 15%.
* We have all the necessary rigging in our possession to do this work safely and efficiently.The cost to
build or purchase special rigging may be charged to customer.
* Please review the quote for completeness.We will be glad to offer pricing on any additional items you
may need.
QUOTED BY:
, September 7,2016
ck Poncelet Date
ACCEPTED BY:
Downtown TIF Director September 12, 2016
Signature Title
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