HomeMy WebLinkAbout20- Agreement - Central Excavation, Inc. - 2020 Stormwater ImprovementsBOZ E MANMT AGREEMENT FORM
Stormwater Division 2020 Storm Improvements
THIS AGREEMENT is dated as of the (V�_ day of Oc Vy � in the year 2020,
by and between the CITY OF BOZEMAN, hereinafter called OWNER, and Central
Excavation, 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 generally includes the completion of three minor
drainage improvement projects: Oconnel Dr., South 20' Ave., and Spruce Dr.
Article 2. CONTRACT TIME.
2.1 The Work will be completed within 35 days after the date when the contract
time commences to run as provided in the General Conditions. Final payment
will be withheld until final 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 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 performance of the Work in accordance
with the Contract Documents the sum of (subject to adjustment as provided
in the Contract Documents) Seventy -Six Thousand Two -Hundred and Ninety -
Three Dollars ($76,293.00).
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.
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4.1 Progress Payments. OWNER will make progress payments monthly on account
of the contract price on the basis of 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 the CONTRACTOR
in accordance with the General Conditions and as outlined herein.
4.2 Final Payment. Upon final completion and acceptance of the Work in
accordance with the General Conditions, OWNER shall pay the remainder of
the contract price as recommended by ENGINEER.
Article S. 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 OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1 CONTRACTOR has familiarized themselves 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.
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
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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 Certificates of Insurance and Performance and Payment Bonds
7.3 Supplementary Conditions of the General Conditions
7.4 Special Provisions
7.5 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as
further amended by the City of Bozeman Modifications to MPWSS (by
reference)
7.6 Notice to Proceed
7.7 Plans and Specifications
There are no Contract Documents other than those listed above in this Article 7.
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 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 own information
and shall not rely solely upon information shown on the drawings concerning
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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 to maintain the structural integrity of
the existing structures. The CONTRACTOR shall take whatever means
necessary to insure 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 insure 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 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 to 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 of services will be required.
8.6 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
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Documents, and upon written notice form 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 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 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.
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, location of flagmen, barricades and other safety measures
arranged. Providing and maintaining safety barricades, and other work site
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.
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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.
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
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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.
Article 13. INSURANCE.
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 themselves, 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 except
for workers compensation.
All insurance coverages shall remain in effect throughout the life of the Agreement.
Each insurance policy, except workers compensation, 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
Add the following new paragraphs immediately after Paragraph 5.04.B:
C. 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:
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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. Longshoremans): 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
e. Coverage will include:
1. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
5. Products and Completed Operations
6. Broad Form Property Damage will include explosion, collapse, blasting
and underground where applicable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
(or)
a. Bodily Injury:
Each Person: $500,000.00
Each Accident: $1,000,000.00
Property Damage:
Each Accident: $1,000,000.00
b. Combined Single Limit: $1,000,000.00
Coverage to Include
1. All Owned
2. Hired
3. 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. Deductible not to exceed
$5,000.00 per occurrence on property damage.
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5. Add a new paragraph at the end of Paragraph 5.04.6. 1 of the General Conditions
as follows:
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:
6.1 Each Occurrence $ 1,000,000.00
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 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 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
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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.
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 of 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.
Article 17. NONDISCRIMINATION AND EQUAL PAY
The CONTRACTOR agrees that all hiring by CONTRACTOR of persons performing this
Agreement shall be on the basis of merit and qualifications. The CONTRACTOR will
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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.
CONTRACTOR represents it is, and for the term of this Agreement will be, in
compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-
104, MCA (the Montana Equal Pay Act). CONTRACTOR must report to the City any
violations of the Montana Equal Pay Act that Contractor has been found guilty of
within 60 days of such finding for violations occurring during the term of this
Agreement.
CONTRACTOR shall require these nondiscrimination terms of its subcontractors
providing services under this Agreement.
** End of Agreement Form Except for Signatures**
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement Form the
day and year first above written.
CENTRAL EXCAVATION, INC.
(CONTRACTOR)
By:
Title:L�
Signature: dme'Wej
,"n
(IF JOINT VENTURE)
By:
Title:
Signature:
CITY OF BOZEMAN
(OWNER)
By: Jeff Mihelich
Title: City Manager
Signature: Q.,J41 I&i&-1
APPROVED A TO FORM:
By: Greg Sullivan
Title: City A torne
Signature:
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SEAL:
ATTEST: M1 P06-e'-
Page
06-S