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HomeMy WebLinkAboutFront Street Agreement P:15002.02_Front Street Agreement Form Section 00500 (4/16/21) snh AGREEMENT Page 1 of 6 AGREEMENT FORM THIS AGREEMENT is dated as of the 7th day of July in the year 2021, by and between City of Bozeman, hereinafter called OWNER and Highland Construction Services, LLC, 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 Work is generally described as follows: New pathway extending from Rouse Avenue to Wallace Avenue along Birch Street and the future Front Street including a new bridge over Bozeman Creek. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Front Street Connector Trail. ARTICLE 2. ENGINEER 2.1 The Project has been designed by: Sanderson Stewart; 106 East Babcock, Suite L1; Bozeman, Montana 59715 who is hereinafter called Engineer and who is to act as OWNER’S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The work will be completed within 45 calendar days after the date when the contract time commences to run, as provided in the General Conditions. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. The parties 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 completed 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 and 00/100 Dollars ($500.00) for each day that expires after the time specified herein until the Work is substantially complete. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents for the sum (subject to adjustment as provided in the Contract Documents) of Two Hundred Fifteen Thousand Three Hundred Thirty Nine Dollars and 00/100 Dollars ($215,339.00). DocuSign Envelope ID: 7EE98D7F-57C1-4EAB-9120-C7A9E8C45B19 P:15002.02_Front Street Agreement Form Section 00500 (4/16/21) snh AGREEMENT Page 2 of 6 ARTICLE 5. 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. 5.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S applications 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. 5.1.1 The OWNER may retain a portion of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. Five percent (5%) of the amount of each payment shall be withheld until work is 50 percent completed, based upon dollar value of the contract work items. When work is 50 percent complete, the amount withheld may be reduced at the discretion of the OWNER and provided that the CONTRACTOR is making satisfactory progress, and there is no specific cause for greater withholding. When the work is substantially complete, the amount withheld shall be further reduced below five percent (5%) to an amount determined by the ENGINEER necessary to assure completion. Up to five percent (5%) withholding may be reinstated after the 50 percent completion stage if the OWNER, at OWNER’S discretion, determines that the progress is not satisfactory or if there is other specific cause for such withholding. 5.2 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 6. INTEREST All moneys 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 7. CONTRACTOR’S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized themselves with the nature and extent of the Contract Documents, work, locality, and with all location conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. DocuSign Envelope ID: 7EE98D7F-57C1-4EAB-9120-C7A9E8C45B19 P:15002.02_Front Street Agreement Form Section 00500 (4/16/21) snh AGREEMENT Page 3 of 6 7.3 CONTRACTOR has made, or caused to be made examinations, investigations, tests and studies of such reports and related data, in addition to those referred to above, as CONTRACTOR deems 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. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that the CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.6 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 8. CONTRACT DOCUMENTS 8.1 This Agreement 8.2 Exhibits to this Agreement (if any) 8.3 Performance Bond, Payment Bond and Bid Bond 8.4 Proposal Form (where applicable) 8.5 Disadvantaged Business Enterprises (DBE) Requirements (where applicable) 8.6 FHWA Form 1273 (where applicable) 8.7 Required Contract Provisions for Federal-Aid Construction Contracts (where applicable) 8.8 Special Provisions, EEO Affirmative Action Requirements on Federal and Federal-Aid Construction Contracts (where applicable) 8.9 Supplementary Specifications 8.10 Certificate of Insurance 8.11 Standard General Conditions 8.12 Wage Rates, if applicable DocuSign Envelope ID: 7EE98D7F-57C1-4EAB-9120-C7A9E8C45B19 P:15002.02_Front Street Agreement Form Section 00500 (4/16/21) snh AGREEMENT Page 4 of 6 8.13 Standard Modifications, if applicable 8.14 Special Provisions, if applicable 8.15 Montana Public Works Standard Specifications, Sixth Edition, April 2010, including the City of Bozeman Standard Modifications, thereof. 8.16 Technical Specifications, as listed in Table of Contents thereof, if applicable 8.17 Drawings 8.18 Addenda listed on the bid form 8.19 CONTRACTOR’S executed bid form 8.20 Documentation submitted by CONTRACTOR prior to Notice of Award 8.21 Notice of Award 8.22 Notice to Proceed 8.23 Any modification, including Change Orders, duly delivered after execution of Agreement 8.24 Any Notice of Partial Utilization 8.25 Notice of Substantial Completion 8.26 Lien Waivers 8.27 Notices of Final Completion and Acceptance 8.28 Non-Discrimination Affirmation Form There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended, or repealed only by a modification (as defined in the General Conditions). ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement, which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. 9.2 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. DocuSign Envelope ID: 7EE98D7F-57C1-4EAB-9120-C7A9E8C45B19 P:15002.02_Front Street Agreement Form Section 00500 (4/16/21) snh AGREEMENT Page 5 of 6 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. 9.3 In the event it becomes necessary to 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, the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 9.4 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. DocuSign Envelope ID: 7EE98D7F-57C1-4EAB-9120-C7A9E8C45B19 P:15002.02_Front Street Agreement Form Section 00500 (4/16/21) snh AGREEMENT Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (Contractor) By (SEAL & ATTEST) Title City of Bozeman (Owner) By (SEAL & ATTEST) Title City Manager Deputy City Clerk APPROVED AS TO FORM: (City Attorney) DocuSign Envelope ID: 7EE98D7F-57C1-4EAB-9120-C7A9E8C45B19 Highland Construction Services LLC. owner