Loading...
HomeMy WebLinkAbout19- Agreement - Omdahl Excavation and Utilities, Inc. - Mason and Tracy Infiltration Gallery AGREEMENT Mason and Tracy Infiltration Gallery THIS AGREEMENT is dated as of the 1 5 _day of in the year 2019, by and between the CITY OF BOZEMAN, hereinafter called OWNER, and Omdahl Excavation and Utilities, Inc., hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project Work is generally described as follows: Installation of a boulevard infiltration gallery near the intersection of W. Mason Street and S. Tracy Avenue, including supplying and installing concrete manholes, perimeter concrete planter walls, underground chamber systems, landscaping, site restoration,traffic control, and all other items incidental to construction. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 25 days after the date when the contract time commences as provided in the General Conditions. Final payment will be withheld until completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding,the actual loss suffered by the OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five-hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for the performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Sixty-Eight Thousand Five Hundred and Fifteen Dollars ($68,515.00). Section 006 AGREEMENT Page 1 of 12 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of the CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due to the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon completion and acceptance of the Work in accordance with the General Conditions, the OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, 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 Work. 6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as they deem necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. Section 006 AGREEMENT Page 2 of 12 6.4 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that they have discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.5 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of Work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement 7.2 Invitation to Submit Quote 7.3 Quote Form 7.4 Non-Discrimination Affirmation Form 7.5 Payment Bond 7.6 Performance Bond 7.7 Certificates of Insurance 7.8 Standard General Conditions of the Construction Contract: Section C-700 7.9 Supplementary Conditions of the General Conditions: Section 00810 7.10 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further amended by the City of Bozeman Modifications to MPWSS (by reference) 7.11 2019 Montana Prevailing Wage Rates 7.12 Special Provisions 7.13 Product Specifications 7.14 Measurement and Payment 7.15 Manhole Specifications 7.16 Standard Drawings 7.17 Standard Forms 7.18 Plans There are no Contract Documents other than those listed above in this Article 7. Section 006 AGREEMENT Page 3 of 12 The Contract Documents may only be altered,amended or repealed by a modification (as defined in the General Conditions). Article 8. GENERAL REQUIREMENTS. 8.1 CONTRACTOR Use of Premises.The CONTRACTOR shall confine their operations at the site of the proposed work to within the right-of-way or construction easements provided. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall be made against the OWNER by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the OWNER to the sites occupied by these stored materials and equipment, the CONTRACTOR owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property OWNER has agreed in writing to the location contemplated by the CONTRACTOR to be used for storage. 8.2 Protection of Existing Structures.The CONTRACTOR shall be solely responsible for locating all existing underground installations, including service connections, in advance of excavating or trenching, by contacting the OWNERS thereof and prospecting.The CONTRACTOR shall use their information and shall not rely solely upon information shown on the drawings concerning existing underground installations.The CONTRACTOR shall repair all damage to existing utilities or property at their own expense.The CONTRACTOR shall, at a minimum, call the "One-Call" utility locate system (Phone: 1-800-424-5555) at least 72 hours in advance of starting construction. Where excavation will be required adjacent to existing structures, the CONTRACTOR shall be solely responsible for maintaining the structural integrity of the existing structures.The CONTRACTOR shall take whatever means necessary to ensure that the existing structure is not damaged and if necessary shall install sheet piling. The CONTRACTOR shall repair all damage to the existing structures at their own expense. Any fences destroyed during construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to the CONTRACTOR caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages. 8.3 Protection of Existing Mailboxes, Curbs and Gutters, and Driveways, etc. The CONTRACTOR shall take whatever means necessary to ensure that the existing mailboxes, curbs and gutters and driveways, and other public or private improvements are not damaged during construction. If it is necessary to remove or disturb mailboxes during construction, the CONTRACTOR shall repair and restore the mailboxes at their own expense to the satisfaction of the property owner. Any curb, gutter, or driveways Section 006 AGREEMENT Page 4 of 12 damaged during construction, not noted to be replaced on the drawings, shall be replaced by the CONTRACTOR at their own expense. 8.4 Surface Drainage: Water from such sources as surface runoff, dewatering, and flushing of water lines during project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of existing structures, street intersections, or lawn areas. 8.5 Work Sequence:The CONTRACTOR shall schedule the work to minimize inconvenience to the OWNER and adjacent property owners and to minimize interruptions to utility service.This shall include minimizing obstruction to local traffic especially on dead end streets. Work shall be scheduled so as to minimize disruptions to local mail delivery. Close coordination will be required between the CONTRACTOR, OWNER, and COUNTY. The utility service companies such as power, gas, telephone, and video shall be contacted at least 72 hours in advance of when locating services will be required. 8.6 CONTRACTOR shall coordinate plant selection, installation and soil amendments with the OWNER'S Landscape Designer and in accordance with the Bozeman City Hall Landscape Planting Plan. 8.7 CONTRACTOR shall install and maintain proper barriers for the protection of all existing trees on site. Article 9. WARRANTY AND GUARANTEE. 9.1 If, within two years after acceptance of the work by the OWNER, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the OWNER,the CONTRACTOR shall correct any work beginning within seven (7) calendar days of said written notice. Should the CONTRACTOR fail to respond to the written notice within the designated time, the OWNER may correct the work at the expense of the CONTRACTOR. 9.2 CONTRACTOR warrants and guarantees to the OWNER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to the CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the Montana Public Works Standard Specification, Sixth Edition (MPWSS). 9.3 CONTRACTOR is exempt from warranty should damage to the installed plant materials occur due to vandalism, City employees or rodents within the two year warranty period after acceptance of work by the OWNER. Section 006 AGREEMENT Page 5 of 12 Article 10. TRAFFIC CONTROL. 10.1 CONTRACTOR shall conduct their work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads and walks, the CONTRACTOR shall obtain approval of such actions from the appropriate road agency and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the accommodation of public and private travel in accordance with the current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD).The CONTRACTOR shall not occupy the work site or initiate construction until all traffic control provisions are in place and the OWNER has been so notified. 10.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City, County, State, and Federal regulations to protect the public on these streets and roads. 10.3 Barricades and Lights. Prior to the start of construction across roads or walks, all construction permits shall be obtained, utility companies notified, and traffic patterns, signing, the location of flagmen, barricades and other safety measures arranged. Providing and maintaining safety barricades, and other worksite safety measures shall be the responsibility of the CONTRACTOR and shall be included in the contract price. The CONTRACTOR shall cooperate and coordinate their methods with the OWNER'S traffic control plans prior to the disruption of the normal flow of any traffic. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be provided with similar warning signs and lights. All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway right-of-way, as required by the authority having jurisdiction thereover. Work performed within property under the OWNER'S jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. Article 11. STATE LAWS AND REGULATIONS. 11.1 All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Section 006 AGREEMENT Page 6of12 11.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered that do not carry the Bidder's Certificate of the CONTRACTOR'S registration number on the envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractors registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) 11.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the OWNER shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. 11.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws in force in Montana and to the responsibility of the OWNER for the collection of premiums thereunder.The CONTRACTOR'S compliance with said laws is required and shall relieve the OWNER of any responsibility for payment of premiums thereunder and shall furnish the OWNER with satisfactory evidence showing that all premiums arising from this contract have been paid before payment is made on the final estimate. 11.1.4 LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. 11.1.5 PREVAILING WAGE RATES On all projects and contracts with the Owner in excess of$25,000.00, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages.The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein.The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. Article 12. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish a Performance Bond and a Payment Bond in favor of the OWNER each in an amount equal to one-hundred Percent (100%) of the Agreement amount. Section 006 AGREEMENT Page 7 of 12 Article 13. INSURANCE. 13.1 Without limiting any of the other obligations or liabilities of the CONTRACTOR, CONTRACTOR shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of B+, VI, as will protect himself, their subcontractors,the Owner and their respective agents and employees from claims for bodily injury, death or property damage which may arise from operations and completed operations under this Agreement. Such coverage shall be written for claims arising out of all premises/ operations, sub-contracted operations, products/completed operations, and all liability assumed by the CONTRACTOR under any contract or agreement. CONTRACTOR shall not commence work under this Agreement until such certified copies of the insurance policy shall have been filed with the OWNER.The City of Bozeman shall be named as additional insured on any insurance certificates. 13.2 All insurance coverages shall remain in effect throughout the life of the Agreement. 13.3 Each insurance policy shall contain a clause providing that it will not be canceled by the insurance company without 30 days written notice to the OWNER and Engineer of intention to cancel. The minimum amounts of such insurance coverages being as per Section SC-5.04, Supplementary Conditions to the General Conditions, Montana Public Works Standard Specifications, Sixth Edition, and included herein: SC—5.04 CONTRACTOR'S LIABILITY INSURANCE 13.3.1 Add the following new paragraphs immediately after Paragraph 5.04.13: a. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State: Statutory b. Applicable Federal (e.g. Longshoreman's): Statutory c. Employer's Liability: $500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. General Aggregate: $3,000,000.00 b. Products-Completed Operations Aggregate: $3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage): $1,000,000.00 Section 006 AGREEMENT Page 8 of 12 e. Coverage will include: i. Premises- Operations ii. Operations of Independent Contractor iii. Contractual Liability iv. Personal Injury V. Products and Completed Operations vi. Broad Form Property Damage will include an explosion, collapse, blasting and underground where applicable. vii. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: i. Each Person: $500,000.00 ii. Each Accident: $1,000,000.00 iii. Property Damage: iv. Each Accident: $1,000,000.00 (or) b. Combined Single Limit: $1,000,000.00 c. Coverage to Include i. All Owned ii. Hired iii. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. A deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions as follows: a. The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella policies. 6. The Contractual Liability coverage required by Paragraph 5.04.13.4. of the General Conditions shall provide coverage for not less than the following amounts: Section 006 AGREEMENT Page 9 of 12 a. 6.1 Each Occurrence $ 1,000,000.00 b. 6.2 Aggregate $ 3,000,000.00 Article 14. MISCELLANEOUS. 14.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions of the Montana Public Works Standard Specifications, Sixth Edition. 14.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and their partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet their interest or obligations hereunder without the written consent of the other party.The Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 14.3 In the event it becomes necessary for either party to 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 has given notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in- house counsel. 14.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of the Agreement. 14.5 CONTRACTOR hereby agrees to indemnify, defend, and hold the OWNER harmless from all claims and liability due to the activities of CONTRACTOR, their agents, employees, or both, in performing the work required. 14.6 CONTRACTOR is and shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications.The CONTRACTOR shall have and maintain complete control over all of its employees, subcontractors, agents, and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, workman's compensation and unemployment insurance. 14.7 CONTRACTOR agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability.The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. Section 006 AGREEMENT Page 10 of 12 Article 15. CITY OF BOZEMAN BUSINESS LICENSE. All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. Article 16. DISPOSAL, EROSION, WATER POLLUTION,AND SILTATION CONTROL. CONTRACTOR is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the CONTRACTOR, evidence of property owner's written permission shall be obtained and provided to the OWNER. CONTRACTOR shall comply with all local, state, and federal laws and regulations pertaining to erosion control, fill in wetlands, and floodplains.The CONTRACTOR shall dispose of all refuse and discarded material in an approved location. CONTRACTOR shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the CONTRACTOR shall conduct and schedule their operations to avoid muddying or silting of rivers, streams or impoundments.The CONTRACTOR shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Environmental Quality, City of Bozeman and other local, State, or Federal regulations relating to the prevention or abatement of water pollution and siltation. CONTRACTORS specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act.The CONTRACTOR shall be responsible for obtaining any required discharge permits associated with erosion control and groundwater dewatering operations. CONTRACTOR'S responsibility shall include all cleanup, restoration, etc., of any detention or discharge areas. ** End of Agreement Except for Signatures** Section 006 AGREEMENT Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. OMDAHL EXCAVATION AND UTILITIES, INC. (CONTRACTOR) By: Eli Title: Signature: (JOINT VENTURE) By: Title: Signature: CITY OF BOZEMAN (OWNER) '�r By: Andrea Surratt �` 0 BDrJ Title: City Manage Seal: 'U; �:� ,,���, ■ Signature: ' *�. "i -3 - ••e 9PINCo APPROVED AS TO FORM: By: Greg Sullivan Attest: (46vi C",,`�y, J Title: City Att rney ,, �,� Signature: '� Section 006 AGREEMENT Page 12 of 12