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Home My WebLink About08- Contract Agreement between City and DLM, Inc.., i CONTRACT AGREEMENT THIS CONTRACT AGREEMENT is dated as of the 6th day of November in the year 2008 by and between CITY OF BOZEMAN hereinafter called OWNER and DLM, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agrees as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract. The Project Work is generally described as follows: 1.1 Storm drainage improvements in City Right-of-way adjacent to the Taylen property at 5170 Durston Road in accordance with the attached exhibit. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 10 calendar days after the date the written notice to proceed is issued. Final payment will be withheld until final completion and acceptance of the work as stipulated in this Agreement. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the lump sum (subject to adjustment as provided in the Contract Documents) of Four Thousand, Seven Hundred and Fifty Dollars ($4,750.00). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the Montana Public Works Standard Specification, Fifth Edition General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Payment. Upon satisfactory final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the full contract price. 4.1.1 Measurement and Payment. Payment for the work satisfactorily completed in accordance with this contract shall be made on a lump-sum basis. Said price and payment shall constitute full compensation for all labor, materials, and incidentals necessary to complete the work. Page 1 of 10 H:\0417\035-04\DOCUmenta\Conetruction\Taylen\DLM contract -Taylen Drainage.doc r ~, No item that is required by Contract for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the contract. All work not specifically set forth as a pay item herein shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in the contract price. Article 5. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 5.1 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. 5.2 CONTRACTOR has made or caused to be made examinations, and investigations as he 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. 5.3 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. Article 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR as attached to or referenced in this Agreement, are made a part hereof and consist of the following: 6.1 This Agreement including attached exhibit. 6.2 Certificates of Insurance, and Performance and Payment Bonds. 6.3 Montana Public Works Standard Specifications (MPWSS), Fifth Edition, and as further amended by the City of Bozeman Modifications to MPWSS including addenda 1, 2 and 3 (included by reference). 6.4 Notice to Proceed. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the Montana Public Works Standard Specifications, Fifth Edition, General Conditions). Page 2 of 10 H:\0417\035-04\Documents\COnatruction\Taylen\DLM contract -Taylen Drainage.doc 9.2 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. 9.3 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 his 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 10 STATE LAWS AND REGULATIONS. 10.1 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. 10.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS. No bids will be considered that do not carry the Bidder's Certificate of Contractor's Registration number. Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556- 6694) 10.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX). In accordance with Title 15, Chapter 50, MCA, for all contracts exceeding $5,000, 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. 10.1.3 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 there under. The CONTRACTOR'S compliance with said laws is required and shall relieve the OWNER of any responsibility for payment of premiums there under 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. Page 4 of 10 H:\0917\035-04\Documents\Conatruction\Taylen\DLM contract - Taylen Drainage.doc 10.1.4 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. 10.1.5 PREVAILING WAGE RATES. On all projects and contracts with the Owner in excess of $25,000, 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 11. 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 12. 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 himself, his 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. All insurance coverages shall remain in effect throughout the life of the Agreement. Each insurance policy shall contain a clause providing that it will not be cancelled by the insurance company without 45 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, Fifth Edition, and listed as follows: Page 5 of 10 H:\0417\035-04\Documents\Conatruction\Taylen\DLM contract - Taylen Drainage.doc SC- 5.04 COiyTRACTOR'S iABILITY INSURA1~iCE Add the following new paragraphs immediately afier Paragraph 5.04.B: C. The omits of liabitity for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverages for not less than the following amounts or greater where required by Law or Regulations: 4 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04? of the General Con- ditions. a. State Statutory b. Applicable Fedaral (e.g. Longshoremans) Statutory c. Employer's Liability 5500.000.00 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 coverages. a GEtv'ER.AL AGGREGATE S3 000 000 00 b. Products-Completed ; Operations Aggregate S3.000.OOfl.00 c Personal and Advertising Injury 51.000.000.00 d Each Occurrence (Bodily Injury and Property Damage) 5.1.000.000.00 e Coverage will include: I. 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 Page 6 of 10 H:\0417\035-04\Documents\Conatruction\Taylen\DLM contract - Taylen Drainage.doc 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. $odity Injury: Each Person S 1,000.000.00 Each Accident S 1.000.0OO.OQ Property Dame: Each Accident ~ 51.000.000.00 (or) b. Combined Single Limit 51.000.000.00 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 S I ,000,000.00. Deductible not to exceed 55,000.QO per occurrence on property damage. r' 5. Add a new paragraph at the end of Paragraph 5.04.B.1 of the General Conditions as follows: The CONTRACTOR'S insurance coverage shall name the OWNER, and ENGI- lti'EER and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence Aggregate ~C- 5 04 B 5 CAIYCEL~TION NOTICE 51.000,000.00 S .000.000.00 Amend paragraph S.O~.B.S of the General Conditions by striking out the words " 30 days" and replacing them with the words "45 days" and as so amended paragraph ~.04.B.5 remains in effect. Page 7 of 10 H:\0917\035-09\Documents\COnetruction\Taylen\DLM contract - Taylen Drainage.doc Article 13. MISCELLANEOUS. 13.1 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, Fifth Edition. 13.2 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 his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his 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. 13.3 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. 13.4 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. 13.5 The 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. The 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. Page S of 10 H:\0917\035-09\Documents\Conatruction\Taylen\DLM contract - Taylen Drainage.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. DLM, Inc. (Contractor) By Title I'`" ~ ~s ~ c~ G---Y- Montana Contractor Registration Number /~3 i ~ I .SEAL AND TTEST• City of Bozeman (Owner By _ ~ . Chris Kukulski Title: City Manager SEAL AND ATTEST: C' -rk Page 9 of 10 H:\0417\035-04\DOCUmente\Conatruction\Taylen\DLM contract - Taylen Drainage.doc ~ ~ r i .~ I -----~__ mr + ~- ,, : _ I + .wy~ _ ATC~1-9i.OPE FIL PLA(~ C L v y~ ~ 1"YIIJ 1 Wr ~ ~.I TV .. ~ ,, ~~ T Neer. - ,~. ,z , +N ~ r"` ~ sF... R^. Exr P~ - ''RCP WI F£TS ~ ~. k ~ _T_ Y Llf~} STALL -~3C LJQ tS' P'1bC ~ EX8T FET8, ~+i'~ ~" ~!` ~TKI. IN ~ r3.9~ ~ 8~4L1 !~ a1A 7ALL•.I~WJ,3d' YVEI`L P~Ft _. OU'f ~ PeXST [TRADE l~~=:1'LI~P D`J1TCH 8/It9~IPt WIT#:1 CITY FIl,~ G~ i ~~dk~11A1N RIaIQ, COV~t t g ~` F~9H TOlE Oi St(JPE Td ,. " /~ A'~J11STfNG # bfS7rtl MA{NF TINCi SEIRFA{{~ >~41 ~~2.d5' F @IqA ~ tNY OUT ~ A.TS ` ~~ BOTTOM = is.flli' .~.~ _ ti ~ „ ~ .. .. ~. ,; ; ,, .. '. ~. ... F ~ -... p R /~s W f_ t~ .7 LJ I ~ ~ ~ II ~` ,., n EAST JORDAN IRON WORKS SIDEWALK NEVN CATCH ' FINISH GRADE SLOPED BELL/GRATE BtJ24M1 ~ EQUAL SLOPE TO DRAM EXISTING PROPERTY SLOPE 'o LINE 12" ~ NATIVE 24" DIA X 3' RCP PIPE W/ BApCFtLL r1'< ~' N BOTTOM AND DNL FiIL, 6" TOPSOIL +)i SOD TOPSAIL w! FOUR 4" DRAIN HOLES ~~~ AT 9D DEGREES d, ti" TYP. CATCH-SLOPE ABOVE BoTroM CROSS SECTION TS M I s~s~ WASHED s" GRAVEL GEOTE7C FILTER FABRIC DRY WELL DETAIL CROSS SECTION ENTB~ = M ORRISON ~ 5170 Durston Road M - AIERLE ixc , ~ Taylca, willi» ~ Desnna ro ~ ,,,~, ~, Ham.. ~.... ~. ~, . ,h." c«b >a~,,, ~ cMn ~+-»r SITE DRAINAGE IMPROVEM~]TS CLIENT: FIELD WORK• DATE: 10/20/08 PLOTTED DATE: Oct/27/2008 - 11:53:00 am DRAWN BY: CEB SCALE: DRAWING NAME: Tay,an H:\0417\075-04\Dnwmanb\Con"truetbn\TUykn\Taylsn Stortndr ExiDRdw. CHECKED 8Y: PROJ lF:0417.035 SHEET ~- OF ~_ anT,ee ar~~..,.. • • 4 ~