HomeMy WebLinkAbout09- Envirocon Inc. Contract AgreementCONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is dated as of the 9th day of March in the year 2009 by and between CITY OF
BOZEMAN hereinafter called OWNER and ENVIROCON INC. hereinafter called CONTRACTOR.
OWNER AND CON"I~RACTOR, 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. The Project Work is generally
described as follows:
1.1 Remove, transport, and dispose of asbestos contaminated soil from the CMC East Main Depot site to the
Bozeman Landfill in accordance with the VCP addendum, the Construction Plans and as directed by the Engineer or
their representative.
Article 2. CONTRACT `TIME
2.1 The Work will be completed within 60 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 OWNF,R shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents
the sum (subject to adjustment as provided in the Contract Documents) of One Million Two Hundred Sixty-one
Thousand Five Hundred Ninety-eight & 97/100 Dollars ($1,261,598.97).
Article 4. PAYMEN"t PROCEUIJRES
CONTRACTOR shall submit applications for payment in accordance with the Montana Public Works Standard
Specification, Third 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 Worl< 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 pursuant to the applicable measurement and payment sections of the most current edition of the
Montana Public Works Specification based on the unit prices established in Exhibit A.
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 unless covered under the Changes Article found in the Montana
Public Works Standard Specification, "Third Edition General Conditions. 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, CONTKAC"fOR makes the following representations:
5.1 CONTRACTOR has familiarised 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 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.
5.3 CONTRACTOR has reviewed the Contract Documents and will perfon~ the required Work at the contract
price, within the contract time and in accordance with the other terms and conditions of the Contract Documents,
5.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports
and data with the terms and conditions of the Contract Documents.
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 in order of precedence:
6.1 This Agreement.
6.2 Certificates of Insurance and Performance and Payment Bonds.
6.3 Montana Public Works Standard Specifications (MPWSS), Third Edition, dated October, 1)88 as amended by
the August 1, I)91, MPW Addendum No. I, and as further amended by the City of Bozeman Modifications to
MPWSS (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, Third Edition, October 1988, General Conditions).
Article 7. GENERAL REQ[JIREMENTS
7.1 Contractor Use of Premises. 1'he CON']'RACTOR shall confine his 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.
7.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for locating all known
existing underground installations, including service connections, in advance of excavating or trenching, by
contacting the OWNERS thereof and prospecting. The CONTRACTOR shall use reasonable care and may rely
upon information shown on the drawings concerning existing underground installations. The CONTRACTOR shall
repair all CONTRACTOR caused damage to known existing utilities or property at his 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 except for preexisting and/or latent conditions. 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 caused by CON'T'RACTOR to the
existing structures at his 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 CONTRAC"i'OR caused by known existing
underground installations shall not constitute a claim for extra work, additional payment or damages.
7.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The CONTRACTOR shall take whatever
means necessary to insure that the existing mailboxes, curbs and gutters, and driveways 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 his 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 his own expense.
7.4 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.
7.5 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 cable shall be contacted at least 72 hours in
advance of when locating of services will be required.
Article 8. Warranty and Guarantee
8.1 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 Article Li of the Montana
Public Works Standard Specification, "Third Edition (MPWSS), published October, 1988, as amended August 1,
1991 and as further amended by the City of Bozeman Modifications to MPWSS.
Article 9. Traffic Control
9.1 "The CONTRACTOR shat) conduct his work so as to interfere as tittle 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 County or Montana Department of Transportation 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 notifiied.
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 tights.
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 REG[JLA"PIONS
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 The CONTRACTOR'S attention is directed to Title 39, Chapter 3, Part 7, MCA, 1981, which requires the
CONTRACTOR to post a surety bond or other form of security insuring worker's wages and fringe benefits with the
Commission of Labor and Industry, State of Montana. The bond or other security shall be filed with the
Commissioner and evidence of the bond shall be provided to the OWNER prior to commencement of work.
10.1.2 The CONTRACTOR'S attention is also directed to Title 15, Chapter 50, Part 2, MCA, 1981. Under the
provisions of this law, public contractors shall pay to the State, in addition to license application fees, a sum equal to
one percent (1%) of the gross receipts from all public contracts in excess of one thousand dollars ($1,000). Prime
CONTRACTORS shall be responsible for withholding one percent (I%) of all monies due to subcontractors for
work performed under contracts for public work, and shall transmit such monies to the State Department of
Revenue. Additional information pertaining to license requirements and license fees may be obtained from the
Montana State Department of Revenue, State Capital Building, Helena, Montana.
10.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insw•ance laws in force in Montana and
to the responsibility of the OWNER for the collection of premiums thereunder. 1'he 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.
10.1.4 In accordance with Montana Law (Title 18, Chapter 2, Part 4, MCA, 1981) on contracts for State, County,
school construction, heavy highway or municipal construction, repair or maintenance work under any of the laws of
the State, the CONTRAC"1'OR shall give preference to the employment of bona fiide Montana residents in the
performance of said contract, and shall further pay the standard prevailing rate of wages including fringe benefits
and travel allowance in effect as paid in the county or locality in which the Work is being performed. The minimum
wages, if included as part of the contract documents, are not controlling except as to the minimum for the purpose of
the Davis-Bacon Act. Therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages
including fringe benefits for health and welfare and pension contributions, and travel allowance provisions in effect
and applicable to the county or locality in which the Work is being performed.
Article 11. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish a Performance Bond
and a Payment Bonds 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 fi•om an insurance company (or companies) authorized to
write insurance in the State of Montana, with minimum "A.M. Best Rating" of B-r, 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 3G days written notice to the OWNER and Engineer of intention to cancel The minimum amounts of such
insurance coverages being as follows:
Commercial General Liability
A. Bodily Injury & Property Damage Each Occurrence A~~reQate: $1,000,000 $2,000,000
Coverage to include
1. Premises Operations
2. Products and Completed Operations $2,000.000
Products and Completed Operations
3. Contractual
4. Operations of Independent Contractors
5. Personal Injury
6. Property Damage applicable to Blasting, Collapse and Underground Hazards shall be
included in coverage.
May be satisfied by primary insurance or a combination of primary and excess of umbrella insurance. However,
primary occurrence limit cannot be less than $1,000,000. Deductible not to exceed $5,000 per occurrence on
property damage.
B. Automobile Liabilit
Bodily Injury and Property Damage:
Coverage to include:
]. All Owned
2. Hired
3. Non-Owned
Combined Single Limit $1,000,000 Each Accident
C. Worker's Compensation
Occupational Disease
Statutory
Employer's Liability $500,00 Each Accident
Sections B and C above may be satisfied by primary insurance or a combination of primary and excess or umbrella
insurance.
D. Owners and Contractors Protective Liability
Bodily Injury and Property Damage Each Occurrence Ag7reQate $1,000,000 $1,000,000
Satisfactory protection for Owner may be accomplished by either an endorsement of Contractor's Comprehensive
General Liability policy or by Contractor's can•ier issuing a separate protective liability policy.
E. Additionallnsureds
The Contractor's insurance coverage shall name the Owner as an Additional Insured under Commercial General
Liability, Automobile Liability, Excess or Umbrella policies.
F. Builder's Risk
Contractor shall purchase Builder's Risk on the "Broadform" form of coverage inclusive of Fire, Extended
Coverages, and Vandalism. Insurance shall include the interests of the Contractor, Engineer, and subcontractors, as
their insurable interest may appear.
Article 13. MISCELLANEOUS
13.1 "Perms 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, 3rd Edition, October 1)88.
T3.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER
and the CONTRAC"1'OR 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.
L3.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the
5
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 and hold the OWNER harmless from all claims and liability
for bodily injury (including death) and damage to property due to the negligence of CONTRACTOR, their agents,
employees, or both, in performing the work required under this Agreement.
CONTRACTOR will not take title to, nor sign any manifest or shipment documents for, nor act as one who arranges
for the shipments and disposal of, nor make the actual selection of disposal site(s) for any Hazardous, Regulated or
Special Waste. CONTRACTOR will not be liable for any preexisting environmental contamination of the project
site. CONTRAC"FOR's liability for environmental contamination of the project site shall be limited to the extent
CONTRACFOR's negligence has caused, contributed to or exacerbated the contamination of the project site.
The CONTRAC"FOR 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 teens, plans and specifications. The CONTRACFOR 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written
(Con ractor)
By Kris K
Title VP/COO
ACCEPTED:
C[TY F BOZEMAN (~
By its
ATTEST:
City Cler
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 16th day of March, 2009, before me, a Notary Public for the State of Montana, personally
appeared DEBRA H. ARKELL and STACY ULMEN, known to me to be the Acting City Manager and
City Clerk for the City of Bozeman, Montana, and the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same for and on behalf of the City of
Bozeman, Montana.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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Notary Public for State of Montana ~~~~`""~~~~"''"~"~~~
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Residing atB~e~e-+ Montana
My Commission Expires: ~~ / a a1 /20 ~o~
7
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CMC Bozeman Facility
Envlrocon, Enc.
Exhibit A ~n~rna
item
Number
Item Descri tlon
Quantit
'Unit
Unit Prlcs
Tofal Price
1 MoblUzation/Demobilization 1 LS $ 37 950.00 $ ~ 37,950.00
2 Pro ecf Su orf/Decontamination/Sta ing Area 35 DAY $ 4,200.00 $ 147,000.00
3 Traffic Control 30 DAY $ 1,009.00 $ 30,274.00
4 Tree Removal 2 EA $ 2,837.00 S 5 674.00
5 TestPlts 3x5x3 161 EA $ 119.00 $ 19,159.00
6 Landflil Mana ement and Ca ing 6,413 CY $ 15.19 $ 97,413.47
7 Concrete Removal {assume 4-inch 345 SY $ 8.30 $ 2,863.30
8 Saw Cut Concrete Pacement, Sidwalk, Driveway
and C&G
i 319
LF
$ 5.00
$ 8,595.00
9 Sewer Manhole Rin s 7 EA $ 210.00 $ 1,470.00
10 WaterValve/Curb Stops Grade Chan es 10 EA $ 316,00 $ 3,160.00
11 Asphalt Removal and Dis osa! assume 41nch 460 SY $ 8,50 $ 2,990.00
12 Excavation of ACM Sot7s, Transport to City of
Bozeman Landfill
6,413
CY
$ 38.00
$ 243,694.00
13 Dis osat of ACM Soils 6,413 CY $ 53.D0 $ 339,889.00
14 Backflll With Pit Run 5,600 CY $ 25.50 $ 142,800.00
15 A regale Base Rock 700 CY $ 43.00 $ 30,100.00
16 As half Mlllin 332 SF $ 27.00 $ 8,964.00
17 As half Pavan Fabric 577 SY $ 5.00 $ 2,885.00
18 AC Pavan 3-inch Base Course 327 TON $ 84.00 $ 27,488.00
19 AC auto 3-inch Surface Course 476 TON $ 74.00 $ 35,224.00
20 As halt Tack Coat 3,944 SY $ 1.00 $ 3,944.00
21 Traffic Markin s 10 GAL $ 57.00 $ ' 570.00
22 Concrete Cub and Gutter 147 LF $ 14.00 $ 2,058.00
23 Concrete A tons 6-Inch 949 SF $ 5.D0 $ 4,745.00
24 Concrete Sidevralk/PadslDrivewa s 2,160 SF $ 3.00 $ 6,480.00
25 Concrete Washout 1 EA $ 737.00 $ 737.00
26 Erosion Control 540 LF $ 4.00 $ 2,160.00
27 Gravel Socks 240 LF $ 7.50 $ 1,800.00
28 JolntSealing 250 LF $ 7.00 $ 1,750.00
29 Two Inch Concrete or Shotcrete Barrier 2,840 ' SY $ 15.00 $ 42,600.00
30 To oil4-loch 282 CY $ 28.00 $ 7,896.00
31 Seeding 21,500 SF $ 0.06 $ 1,290.00
i oral ~siimacea trice
$ 1,261,598.97