HomeMy WebLinkAbout23- Construction Agreement - Blanton Contracting, LLC - Aspen Street Pedestrian BridgeAspen Street Sidewalk Agreement Form Section 00520
KLJ Project #2004-01034 Page 1 of 8
SECTION 00520
AGREEMENT FORM
This Agreement is by and between City of Bozeman, (“Owner”) and Blanton Contracting LLC,
(“Contractor”).
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary
Conditions.
Owner and Contractor agree as follows:
ARTICLE 1 – WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
Construction of 1025 SF of five-foot-wide concrete sidewalk & construction of a 45 FT long
pedestrian bridge
ARTICLE 2 – THE PROJECT
2.01 The Project for which the Work under the Contract Documents is a part, is generally described as
follows:
Aspen Street Pedestrian Bridge
ARTICLE 3 – ENGINEER
3.01 The Owner has retained KLJ Engineering, Inc (“Engineer”) to act as Owner’s representative,
assume all duties and responsibilities of Engineer, and have the rights and authority assigned to
Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by Engineer.
ARTICLE 4 – CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.
4.03 Contract Times: Days
A. The Work will be substantially completed within 365 days after the date when the Contract
Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed
DocuSign Envelope ID: 42BE0BAC-8534-489C-8C0A-742F4CD1025F
Aspen Street Sidewalk Agreement Form Section 00520
KLJ Project #2004-01034 Page 2 of 8
and ready for final payment in accordance with Paragraph 15.06 of the General Conditions
within 365 days after the date when the Contract Times commence to run.
4.04 Liquidated Damages
A. Owner and Contractor recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the Contract Times, as duly modified. 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):
1. Substantial Completion: Contractor shall pay Owner $100 for each day that expires after the
time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion,
until the Work is substantially complete.
2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted
pursuant to the Contract) for completion and readiness for final payment, Contractor shall
pay Owner $100 for each day that expires after such time until the Work is completed and
ready for final payment.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such
liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is
precluded form recovering any other damages, whether actual, direct excess, or
consequential, for such delay, except for special damages (if any) specified in this Agreement.
4.06 Special Damages
A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct
result of the Contractor’s failure to attain Substantial Completion according to the Contract
Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction
observation, inspection, and administrative services needed after the time specified in
Paragraph 4.02 (as duly adjusted pursuant to the Contract) until the Work is substantially
complete.
B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to
complete the remaining Work within the Contract Times, Contractor shall reimburse Owner
for the actual costs reasonably incurred by Owner for engineering, construction observation,
inspection, and administrative services needed after the time specified in Paragraph 4.02 for
Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract),
until the Work is completed and ready for final payment.
C. The special damages imposed in the paragraph are supplemental to any liquidated damages
for delayed completion established in the Agreement.
DocuSign Envelope ID: 42BE0BAC-8534-489C-8C0A-742F4CD1025F
Aspen Street Sidewalk Agreement Form Section 00520
KLJ Project #2004-01034 Page 3 of 8
ARTICLE 5 – CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the W ork in accordance with the Contract
Documents, the amounts that follow, subject to the adjustment under the Contract:
A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.
ARTICLE 6 – PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor's Applications for Payment on
or about the 15th day of each month during performance of the Work as provided in Paragraph
6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely
manner and otherwise meet the requirements of the Contract. All such payments will be measured
by the Schedule of Values established as provided I the General Conditions (and in the case of Unit
Price Work based on the number of unites completed) or, in the event there is no Schedule of
Values, as proved elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously
made and less such amounts as Owner may withhold, including but not limited to liquidated
damages, in accordance with the Contract.
a. 95 percent of the value of the Work completed (with balance being retainage).
b. 95 percent of cost of stored materials and equipment not incorporated in the Work
(with the balance being retainage).
B. Upon Substantial Completion of the entire construction to be provided under the construction
Contract Documents, Owner shall pay an amount sufficient to increase total payments to
Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant
to Paragraph 15.01.E of the General Conditions, and less 100 percent of the Engineer’s estimate
of the value of Work to be completed or corrected as shown on the punch list of items to be
completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
DocuSign Envelope ID: 42BE0BAC-8534-489C-8C0A-742F4CD1025F
Aspen Street Sidewalk Agreement Form Section 00520
KLJ Project #2004-01034 Page 4 of 8
A. Owner will not make final payment or return or release retainage at Substantial Completion or
any other time, unless Contractor submits written consent of the surety to such payment,
return, or release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate of 10 percent per annum.
ARTICLE 7 – CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the Project Manual.
6. Drawings (not attached but incorporated by reference) consisting of 10 sheets with each
sheet bearing the following general title: E. Aspen Street Pedestrian Bridge.
7. Drawings listed on the attached sheet index.
8. Addenda (Numbers 1 to 1, inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. N/A
10. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
DocuSign Envelope ID: 42BE0BAC-8534-489C-8C0A-742F4CD1025F
Aspen Street Sidewalk Agreement Form Section 00520
KLJ Project #2004-01034 Page 5 of 8
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the
Contract.
ARTICLE 8 – REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
A. In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings of Hazardous Environmental
Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary
Conditions, with respect to the Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the effect
of such information, observations, and Technical Data on (a) the cost, progress, and
performance of the Work; (b) the means, methods, techniques, sequences, and procedures
of construction to be employed by Contractor; and (c) Contractor’s safety precautions and
programs.
7. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, with the
Contract Times, and in accordance with the other terms and conditions of the Contract.
DocuSign Envelope ID: 42BE0BAC-8534-489C-8C0A-742F4CD1025F
Aspen Street Sidewalk Agreement Form Section 00520
KLJ Project #2004-01034 Page 6 of 8
8. Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
8.02 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. “fraudulent practice” means an intentional misrepresentation of the facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of Owner,
(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive
Owner of the benefits of free and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with
or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial,
non-competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
8.03 Standard General Conditions
A. Owner stipulates that the General Conditions that are made a part of this Contract are EJCDC®
C-700, Standard General Conditions for the Construction Contract (2018), published by the
Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished
said General Conditions, the Owner has plainly shown all modifications to the standard
wording of such published document to the Contractor, through a process such as highlighting
or “track changes” (redline/strikeout), or in the Supplementary Conditions.
DocuSign Envelope ID: 42BE0BAC-8534-489C-8C0A-742F4CD1025F
Aspen Street Sidewalk Agreement Form Section 00520
KLJ Project #2004-01034 Page 7 of 8
8.04 A. 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 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, d 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.
Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in
conformance with the Montana Uniform Electric Transactions Act, Title 30, Chapter 18, Part 1, MCA.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on 01/24/2023 (which is the Effective Date of the Contract).
OWNER:
City of Bozeman (typed or printed name of organization)
CONTRACTOR:
Blanton Contracting LLC (typed or printed name of organization)
By: By: (Signature) (Signature)
Date: Date:
Name: David Fine Name:
Title: Economic Development Program Manager Title:
Attest: Attest:
Title: Title:
Address for giving notices:
Address for giving notices:
P.O. Box 1230
DocuSign Envelope ID: 42BE0BAC-8534-489C-8C0A-742F4CD1025F
Vince
1/27/2023
Owner
---------
-------------------------------------
1/27/2023
Jeff Mihelich
City Manager
City Clerk
Aspen Street Sidewalk Agreement Form Section 00520
KLJ Project #2004-01034 Page 8 of 8
Bozeman, MT 59715
Phone: 406-582-2973 Phone:
Owner’s Designated Representative: Contractor’s Designated Representative:
Name: Michael Hinshaw, PE Name:
Title: Engineering Project Manager Title:
Address: 5 Mendenhall St., Suite 201 Address:
Bozeman, MT 59715
Phone: 406-465-4561 Phone:
Email: Michael.hinshaw@kljeng.com Email:
License No.: __________________________________
State: _______________________________________
END OF SECTION
DocuSign Envelope ID: 42BE0BAC-8534-489C-8C0A-742F4CD1025F