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HomeMy WebLinkAbout96- Brickley Construction Co., Floor Removal Agreement . . , FLOOR REMOVAL AGREEMENT THIS AGREEMENT is made and entered into this 8th day of August , 1996, by and between Brickley Construction Co. whose mailing address is 222 East Park, Butte, Montana, hereinafter referred to as "Contractor" and the CITY OF BOZEMAN, a Montana municipal corporation, whose mailing address is P.O. Box 640, Bozeman, Montana, 59771-0640, hereinafter referred to as "the City", according to the following terms and conditions: The Contractor agrees to perform the following items of work or provide the following services in the City Hall Annex, located at 34 North Rouse, Bozeman, Montana, in exchange for payment by the City as indicated below: 1 . Remove the asbestos fioor tiie and mastic in an area previously designated by the City and not to exceed 3500 sq. ft., at the rate of: . . . . . . . . . . . . . . . . . . . . . . . $1 .70/ sq. ft. 2. Industrial Hygienist Services . . . . . . . . . . . . . . . . . . . . . . $450.00 3. Project Design ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 4. Remove asbestos pipe wrap from around identified plumbing fixtures, the exact number of fixtures to be determined during project set-up; at the rate of . . . $25.00/ fixture It is further agreed as follows: 1 . All work may be commenced upon execution of this agreement provided all other requirements have been met. Notification shall be provided to the City by the Contractor not less than three days prior to commencement of work. 2. The Contractor will pay for the necessary construction permit(s), and any additionai permits required, and arrange for ail inspections. 3. The job site will be left in a clean and safe manner, similar to that in which it is found at the beginning of work on this agreement. All work shall be completed in a workmanlike manner according to the standard, accepted practices of the industry for asbestos removal and disposal. 4. The Contractor will follow all applicable local, state and federal statutes and guidelines, including but not limited to OSHA and EPA regulations. 5. The Contractor will properly cover the display cases, shelving, and industrial washer and dryer located in or near the removal area. The Contractor will properly screen the removal area so as to allow the adjacent Bozeman Fire Brickley Construction Flooring Agreement p. 1 Department to operate without interruption to dispatchers, support staff, and firefighters. This includes protecting the living quarters during the removal project. 6. Prior to submitting a final invoice, the Contractor will contact the City Manager, or his Designee, regarding a final inspection of the site, including an inspection of the work as detailed in this agreement. Upon inspection, if the work is satisfactorily completed, an invoice may be submitted for final payment pursuant to the City's claims policy. Further, all necessary inspections by the Building Department or other agencies must be completed and the appropriate signatures obtained before the payment inspection is conducted. 7. The final invoice, and any submitted prior, will specifically designate and describe additional charges or permit charges included according to this agreement. 8. The Contractor will provide proof of insurance in the amount of $1,000,000.00, naming the City of Bozeman as an additional insured, as well as proof of Worker's Compensation Insurance coverage and all applicable licenses, prior to commencement of the work. The Contractor will also provide the City with the proper environmental certifications and test results before, during and after the project. 9. The Contractor agrees to assume full liability for employees brought onto the job site and agrees to indemnify and hold harmless the City of Bozeman, its officers, agents and assigns from any and all actions, suits, judgements, claims, demands, expenses (including attorney fees), and liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons or damages to property arising out of or resulting from or occurring in connection with this agreement. 10. Any demand upon or notice to either party shall be addressed and mailed to the address as identified at the top of page one of this agreement or by personal service. Mailing shali be by certified mail, return receipt requested, and shall be effective when served or three days after deposit in the United States Mail, whichever occurs first. 11 . No waiver of any default shall constitute a waiver of any other default, nor shall such waiver constitute a continuing waiver. No waiver of any term or condition of this agreement shall constitute a waiver of any other term or condition, whether or not similar, nor shall such waiver constitute a continuing waiver. 12. This agreement may not be altered or amended except by a writing signed by the parties and attached hereto. 13. If one or more provisions of this agreement is deemed to be unlawful or Brickley Construction Flooring Agreement p_ 2 unconstitutional or stricken by a court of law, all valid provisions that are severable from the invalid provisions shall remain in effect and be valid and binding on the parties. If any provision is in conflict with any applicable statute, rule of law, court order or judgment, then such provision shall be deemed to be modified to conform with such statute, rule or law, court order or judgment. 14. This agreement shall be interpreted according to the laws of the State of Montana. Venue in any dispute arising from this agreement shall be in the Eighteenth Judicial District, Gallatin County, Montana. 15. In the event that it becomes necessary for any party to this Agreement to retain an attorney to enforce any terms or conditions of this Agreement, then the prevailing party or parties shall be entitled to costs and reasonable attorney's fees, including fees of in-house counselor City Attorney costs and including fees on appeal. The details of this agreement, as set forth above, represent the sum total of the agreement between the City of Bozeman and Brickley Construction Co.. City of Bozeman ('. ~) ; ~._I .,., , \, v'V"'~' '::::.-_ \"', August 8. 1996 Ja es E. Wysocki, City Mana Date ATTEST: (il/; J d!di,~ Robin L. Sullivan Clerk of Commission STATE OF MONTANA ) : ss. County of Gallatin ) ~. ~ On this ()~ day of , 1996, before me, the undersigned, a Notary Public for the State of Man a, personally appeared JAMES E. WYSOCKI and ROBIN L. SULLIVAN, known to me to be the City Manager of the City of Bozeman and the Clerk of Commission of the City of Bozeman respectively and acknowledged to me that they executed the within instrument for and on behalf of the CITY OF BOZEMAN. Brickley Construction Flooring Agreement p. 3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. - ~J!1ihJJt ~fJl)JJ'-- (SEAl) N T ARY PUBLIC FOR THE STATE OF MONT ANA Residing in Bozeman tlg My Commission expires lJ . '20. Brickley Construction Co. (7) . ~ I I' I{J/ . x/' /f.;; /~--- , .., /' By' ,; Ii ( \_/'/I~ ------...-- / / 7 / U >-/ / /1;/ . ~--r0 - Date / I " -------- V/ --.---- Brickley Construction Co ST A TE OF MONT ANA ) : ss. County of.G~ ) S( / tJ ~ r 6'.;.....0 On this v~~ay of ~L{ ~ u ,y+. , 1996, before m~, the undersigned" a Notary Public for the State of Mon ana, personally appeared ,), L/0 ('A '-,.1 (, /,) , , known to me to be the -/ ,2 -1" I{ S L-l r,-t r- and acknowledged to me that they executed the within instrument for and on behalf of Brickley Construction Co. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. '\ ~-~_.~ I A) Jl __ . _#:L~ ,. A .~ .A, . . 1.-<..) (:'::1::::-. (SEAl) NOTARY UBLlC gOR THtSTATE OF MONTANA Residing in BW-Clllall B {.,,'f I-f L My Commission expires I I,;;. ,/ 11 Brickley Construction Flooring Agreement p. 4 I,. " ~; [I ' j I; U ;: I ~'.':.j l'iT"I'., 11 L ;.' ; ;(1 ; ~:\.., I ~'_' :~!L., :"'."L_ . ,_' i 'J.: (, 'u j . . ~- '~ - , . CERTIFICATE OF INSURANCE i~17 DATE: 8/1/0i:) -~'".~,..... THi's'CERTIFICATE IS I::>sum AS A MATTER~ OF :rJrO~~MATIOr~ ONL Y M,D ~- PRODUCER CONFERS NO RIGHTS uPON THF CERTIF1CA 1 F ~o\.DCR TH:S Commercial United Insurance Agency, IrK CFRTIFICAH DOES NOT AMFNC, EXTI:ND, OR ALTER THF CCVEOR,\GE 2222 South Dobson Road, Suite 700 AFFORDEO[) BY THE'. POl'CIES flf:LO\,oV, ~Icsa, Al'izona W~2(l2 phone (602) T77-89 J I COMPANIES ArFORD1~G COVFRAGE INSURED '""....,,,_.'. .'_.._......,.._'~--~---..._- Brickley Environmental COMPANY A: f~TIONP.L UNION FIRE INSln~..l\>rCE COMPANY B: CQV~lEI\CE & TNDUSTR\;' 957 West Reese StJ'eet ~.- .~"_...,_., --..-,-.- Siln Bernardino, Ca 92411 COMPANY c: ..Al--:EP,ICA.'\ INTEBNA.TICNZ\L SPEC lr"\LTY LI~;~.s -co:_w-_. .,-.-..,..--..--......---......-- COMPANY 0; ~"- . - COVERAGES THI51S TO CERTIFY THAT THe rOLCIES or INSUR.'\NCE !_ISTED SEI.OVV HAVE:. Bt:H~ ISSUED TO THE !NSURtoD N/IW::S A3()\JF FOR THE POLICY PERIOD IfWICATED, NOWVITHSTMJCI"-G AtJY REOUiFlEME.I,T, T[RM OR CCNDITON OF ANY CONTRACT OR oiHER DOCUME:Nl WITH RlSECT Te' WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN. THE INSlJRAi'JCE AffOR:JED 8Y THE PCUCIES Dl2CRI62D !'",-REIN IS SU~J~CT TO A THE TERMS, EXCLUSIONS, AND C()~;DITIONS OF SlICH POLICIES UM:TS 5110\;'11, MAY HAV;;: bEEN RCQUCED BY PAID CLAIMS PC.,ICY PO,le., tJ:r'>.~':T:\"r f.XPIRA liON TYPI:: OF INSURANCE POLICY NUMBER [\,':l,l"F [)~l~_ ______.~!:!:.S____J!!:I $) - . - -~'J Tn. 937:3 GENERAL LIABILITY ::"J/12/95 10/IS/9.:) G[NFRALAGGRLGATE 1.. D::iO I C(;iJ ~O/,lr,\NY pr~oDUCTS COM"IOP AGG 1, \"J (I C , ,. I) ':'\ A [! OMMERCI~L GENERAL LIABILiTY PSRSO~Al f. ADV I~WJRY 1, C(;~;, C':' 0 _ ]CL'IIMS MA:)[; 0 OCCUR ",ACH oCC:.Jr{[~LNCt 1 , '.: C' 0 , CJ C OWNER'S.$ corn PROT -- FiR 0,. DJ\M!\'C;~ (Any Gi,e 11;,-,,) 5C I IJJC ! ASBfSTCS ABATf::MENT MED EXP l.Cl,IIY O!l(~ pE:f3on) ~., (lOCi ._.,~. ~ ._"'..'-~~.---' -~---,-_.~-- AUTOMOBILE LIABILITY r::p"C'(Y~"J0 10;'20/95 lO/2C/% COi"ml~Jt.D SINGLE LIMIT 1/00(:, (,(,C, .novp~' y- - ." X ANY AUTO BoDILY INJURY ..;..:. 13 ~ ALL OWNW AUTOS (Per per5ofl) - SCHEDULED AUTOS BODILY INJI.'F<Y 1:- HIRED AUTOS (Fer accideni) Z. NON-O\'mED AUTOS PRCJPCRTY Dr\MAOl2. ~ _n EXCESS LIABILITY EACH OccuRi~ENCE C~BRELLA FoRM AGGRl"GATE ._, oiHER THAN UM.6RfC l_l ^ FoRM ~ WORKERS COMPENSATION STATUTORY LIMITS AND eMPLOYeRS' LIABILITY EACH ACCIOiO;NT COMI'A"r THE PROPRIETORI R: [)15fASE - PO'_ICY ,-:MiT pARTNERSIEXECUTIVE r- incluced DISEASE. EACH EMP~OYEE __ OFFICERS A.=__. excluded .~~,.~ ._-,. ~---------- ~....... OTHER COVERAGES CLAIN;'; FJ.,LZ COVERAGE C C'JN'l'MCTORS P'YLL~lTI'JN CPL 8H> H";. lC/~8/95 lO/l^/Qf Sl,OOC,OOO.OO Each ~CS6 LIA.BILITY , D, - ~ $1/000,rJOu.OO Tol:",l All Lcs.~e$ H - ,- -............-..........- ---. ~.', - DESCRIPTION OF OPERATIONSfLOCATIONSNEHlCLESf5PECIAL ITEMS PROJECT: BOZE>llUJ },>OLJCE STAT lO:-~ CITY J-ij....L~ .~JEEX PROJECT NUMBER: 2 S" CONTRACT AMOUNT: $ 6, "'7 ',i 5 . C'I) START: 8/ l'J/::JC COMPLETE:8;~2/96 AI)D~TIO~~, JNSCkfJD; CT'l'Y CL" KiZEl-:2lJ\' - C'i:'ilJffi CERTIFICATE HOLDER' ........------.~ .~ ~,~_,---,~""""""""~._,,,~.~,'~~~""__''''''-''''__''''.'''7_' ,_ CANCELLATION SHOLILD ANY OF THF: ABOVE DESCRIBED POLICIES BE CP,;,CooU,D 6EfORf;. THE EXPIRAT10~ DATE Tf-'SR~OF'. THE ISSUiNC C(.JMPMJY CiTY OF DOZEMA~ W:,L.L t;:N:J.EAVOR TO M,c\iL~.Q_ DAYS WRITTEN NOTICE TO THE CE~<TIFICATE rjOLDER rJAME"D TO THE LEFT, BUT ~AILlJRE TO MAIL P,O. BOX 640 SUCH r~OTICE SHALL IMPOSE NO OBLIGATiON OR LIABILITY Or: ANY V.;ND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES BOZEMA.~. MT 59771-0640 cf>~ L.J e~. - AUTHORiZED REPF\ESENTATIVE--..--~ fACSL\l1LE SIC;>";,\TL.'RE-IS .1'0 IJL CO:\S!f)EfHD .-'L'-: OiU01:-.\1 I . . ~,,-~--- - ...,~,. .--------. -~-' - - - ~~-,~ - '~~-~ --~ - -~~-~ ~ . - -- OFFICE COpy STATE OF MONTANA DEPARlMENT OF LABOR AND INDUSTRY CERTIFICA TE OF CONTRACTOR REGJSTRA TION Regi~lmtiQItN Q. 11169 ...BrickleyConstruciion 222 E Park St. Butte, MT 59701 Specialty C6hbraQt()r:1\~.l)~:3tbsRemoval PLEASE NOTIFY TIllS AGENCY OF ANY CHANGES WITHIN 10 DAYS . E M P L 0 Y E E N 0 T I C E WORKERS' COMPENSATION INSURANCE COVERAGE IBRICKLEY CONSTRUCTION CO INC I % NEWLAND & CO PO BOX 3006 Date: 06/22/96 BUTTE MT 59702-3006 Policy No.: 03-1086-96-0 L ~ Unit No.: 2 The above-named employer's workers' compensation insurance coverage is active and in good standing for the period of o 7/0 1/96 to 06/30/97 ,provided the employer meets all premium and reporting requirements. Should the insurer cause a cancellation during the above polley period, the employer will be furnished an "EMPLOYEE WARNING" sign that must be placed over this sign 20 days prior to final cancellation action. If the employer goes out of business or transfers ownership or insurance carriers, the coverage may cease automatically. Employees should report all on-the-job injuries to their supervisor, insurer, or employer as soon as possible. You must report the accident within 30 days. We recommend you report minor injuries to your employer whether or not you receive medical treatment. You must submit a written claim for benefits within 12 months from the date of the accident. You can submit this form to your employer, your insurer, or the Department of labor and Industry. After you report the injury, your employer has 6 days to notify the insurer. All employees other than those who fall in the exempt categories listed below are covered for medical and wage-loss benefits that may be required as a result of an injury or occupational disease incurred during this period and in the course of employment of the above named insured: 1) household and domestic employees: departments as described in 7-33-4109, and persons who 2) casual employees performing duties not in the usual course provide ambulance services under Title 7, Chapter 34, Part 1; of trade, business, profession or occupation of the employer: 12) corporate officers and managers of manager-managed limit- 3) dependent members of an employe(s family who may be ed liability companies who meet the provisions of 39-71-401: claimed as an exemption on the employe(s federal income 13) newspaper carriers who deliver newspapers singly or in tax: (applies to sole proprietorshop and partnership entities bundles as their main duty and who, or their parents if minors only - family members working for corporate entities may be have acknowledged non-coverage in writing: included as employees); 14) free-lance correspondents who submit articles or photos for 4) sole proprietors, working partners, and working members of publication, are paid per item and who, or their parents if a member-managed limited liability company, except those minors, have acknowledged non-coverage in writing; who represent to the public they are independent contrac- 15) licensed barbers or cosmetologists who contract with barber tors; shops or cosmetology establishments and have 5) licensed real estate brokers or real estate salespersons; acknowledged non~coverage in writing; 6) direct seller as defined in 26 U.S.C. 3508; 16) persons employed by an enrolled tribal member or entity is 7) employees covered by federal workers' compensation laws; at least 51% owned by an enrolled tribal member(s), whose business is conducted solely within the exterior boundaries 8) persons performing services in return for aid or sustenance of an Indian reservation; only; 17) spouses of employers for whom an exemption based on 9) railroad employees engaged in interstate commerce, ex- marital status may be claimed under 26 U.S.C. 7703; cept railroad construction; 18) jockeys licensed by the Board of Horse Racing from the time 10) school amateur athletic officials, except those otherwise the jockey reports to the scale room prior to a race through employed by a school district; the time the jockey is weighed out after a race, provided 11) volunteer workers, except reserve or auxiliary law enforce- they have acknowledged in writing they are not covered; or ment officers, fire fighters in incorporated cities or towns and 19) petroleum land professionals as defined in 39-71-401. air search and rescue employees of the Montana Department of Commerce, enrolled members of volunteer fire Certai" e~;:!cyment~ listed 2!:Jave as exe~~t m2Y be cOI',::"red if s::,~cifically elect",n Check with ynur em9!nYflf or the insurance carrier indicated below for policy specifics. FAILURE TO POST THIS SIGN OR POSTING AN ALTERED SIGN IN THE WORKPLACE WILL RESULT IN A $50.00 FINE AGAINST THE EMPLOYER! For specific information about this polley, call or write your insurance carrier: State Compensation Insurance Fund To report an on the job injury, PO Box 4759 please call our First Reporting Unit Helena, Montana 59604-4759 at 1-800-243-9121 Phone 1-800-336-8968 / (406) 444-6440 For general information about workers' compensation, call or write: Employment RelaUons Division, Montana Department of Labor and Industry, P.O. Box 8011, Helena, MT 59604-8011. Phone (406) 444-6530 SFMISCF-800(Rev.6/95)