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HomeMy WebLinkAbout09- Bogert Park Band Shell Renovations Agreement with Yellowstone Traditions, Inc.,_ YE LLt~-~-~TSTt~ N E -T R A D I T I U 1V S+ Standard Form of Agreement between Owner & Contractor Where the basis for payment is AN ESTABLISHED CONTRACTED AMOUNT YT Project # : BPA-09-661 Agreement made between the Owner: and the Contractor: City of Bozeman Attn: James Goehrung PO Box 1230 Bozeman, MT 59771 Yellowstone Traditions, Inc. PO Box 1933 Bozeman, MT 59771 1. General Project Description ("Project"): Bogert Park Band Shell Renovations, South Church Street, Bozeman, Montana. 2. The Contracted Amount is $48,350.00. This Contracted Amount is subject to additions and deductions as provided in ¶6 of this Agreement. 3. Scope of Work. 3.1. The Contracted Amount is based on the following scope of work ("Work"): o Removal ,repair or replacement of log and log slab elements from the sill logs to the stage level o Removal and replacement of the deteriorated logs that act as siding for the Band Shell stage o Evaluation and replacement of the slab siding on the sides and back of the building that have deteriorated to the point of replacement o Removal, repair or replacement of he railings and banisters and arch details along the two stair accesses on the northwest and southwest sides of the building o Repair or replacement of the timbers an fascia that line the edge of the stage o Surface preparation to remove deteriorated paint, prime, and paint the exterior of the building o Evaluation of the structural elements under the stage, and repair, and or replacement, and repair and or refinishing of the decking 2x material o Address areas of the building that have been damaged from water runoff from the rood and install the necessary materials to divert water from the face of the building o Repair broken window and window elements as needed 4. The Owner shall be responsible to secure and pay for permits, necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 1 5. Payments. The Contractor's progress payments will be calculated by taking the percentage of Work completed at the end of each month and multiplying it by the Contracted Amount (including additions and deductions) to determine the Total Cost to Date. Total Payments to Date will be subtracted from the Total Costs to Date to arrive at the Current Payment Due. 5.1 Payment Schedule. The Owner shall make payments to Yellowstone Traditions according to the following schedule: 5.1.1. Pay Applications are submitted to the Owner by the 5th of the month for the preceding month. 5.1.2. Payment is required by the 20th of the same month. 6. Changes in the Work. The Owner, or the Owner's authorized representative, may at any time by written or verbal order make changes in, additions to, and omissions from the Work to be performed and materials to be furnished under this Agreement, and the Contractor shall promptly proceed with the performance of this Agreement as so changed. The Contractor will prepare a written Additional Work Authorization (AWA) for the requested changes in the Work. AWA's will include the change in the Contracted Amount and estimated change in schedule for the change in the Work. 7. Progress of the Work. The Contractor shall furnish all materials, labor, tools, equipment, temporary utilities, hoisting, and supplies necessary and sufficient for the performance of this Agreement in a proper, timely, efficient and workmanlike manner. The Contractor shall execute the Work undertaken in a prompt and diligent manner. 8. Safety. The Contractor shall take all reasonable safety precautions with respect to the Work to be performed hereunder. Contractor shall not be required to proceed with the Work if doing so would violate any federal, state, or local law regarding workplace safety. Insurance Coverage. The Contractor shall provide and maintain, at all times during the performance of this Agreement the following insurance: 9.1. Worker's compensation for protection of Contractor's employees, as required by law, and employer's liability insurance with a minimum limit of $1,000,000 per occurrence and any and all other labor insurances required by any constituted authority having legal jurisdiction over the area in which the. Work is performed; 9.2. Commercial general liability insurance covering public liability, property damage, Contractor's contractual liability hereunder and coverage for explosion/collapse and underground hazards (all including but not limited to work performance and operation of automobiles, trucks and other vehicles) with a minimum combined single limit of liability of $1,000,000 for each occurrence for bodily and personal injury (including death) and property damage; 9.3. Fire insurance and extended coverage insurance on contractor's tools, equipment and all stored materials in the amount of the replacement value thereof; 9.4. Such other insurance as the Owner may reasonably require. All insurance required by ¶9.1, 9.2 and 9.3 shall be maintained in full force and effect in a company or companies authorized to do business in the state where the Work is to be performed and shall be maintained until performance in full hereof. Such insurance shall name the Owner as an additional insured and loss payee, as applicable, and shall provide that Owner must be notified by ten days written notice before cancellation of any such policy. Prior to commencing any work on the Project, the Contractor shall furnish to the Owner certificates of such insurance. In the 2 event of threatened cancellation of any such insurance for non-payment of premium, Owner may pay same for Contractor and deduct said payment from amounts then or subsequently owing to the Contractor hereunder. 10. Owner's Liability Insurance. The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Agreement. The Contractor shall not be responsible for purchasing and maintaining the Owner's liability insurance unless specifically required by the Owner in writing. 1 L Property Insurance. .11.1. The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance for the value of the renovations in the amount of the initial Contracted Amount as well as subsequent modification thereto for the entire Work at the site, Work stored off the site, and also portions of the Work in transit on a replacement cost basis. Such property insurance shall be maintained until final payment has been made, or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.2. Property insurance shall be on a special causes of loss policy form and shall insure against the peril of fire and extended coverage and physical loss or damage including theft, vandalism, malicious mischief, collapse, temporary construction, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. 11.3 The building Owner is responsible for insuring the existing structure. 12. Owner shall have the right to inspect at all times the Work to be performed hereunder, and the Contractor shall permit and facilitate such inspection by the Owner and its agents at any and all reasonable times, subject to safety procedures implemented by the Contractor. 13. The O ner_s representative regardir\g all matters of this Agreement is: The Contractor is authorized to deal with the above-named representative until receipt of written notice from the Owner that the Owner's representative has been changed and the Owner provides Contractor written notice of the replacement representative, if any. 14. Entire Agreement; Changes in Writing. This Agreement shall be the full and complete agreement between the parties concerning the subject matter of this Agreement. No change or modification to this Agreement shall be effective unless it is in writing and signed by Contractor and Owner. Contractor, in certain circumstances, may agree to accept a verbal instruction for a change to the work from the Owner or the Owner's representative but such change must be documented by a written AWA. Owner agrees to sign and return the written AWA two (2) days after receiving it or Contractor may cease work on the change. 15. Counterparts. It is agreed and understood by and between the parties that this Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original document, but of which together shall constitute one (1) and the same instrument, provided that each such counterpart must be signed by both of the parties. 3 16. Independent and Severable. The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 17. Time of the Essence. Time is of the essence of this Agreement and all clauses herein. 18. Legal Authority. Owner represents and warrants that the person(s) or entity named as the Owner in this Agreement is the legal owner of the real property on which the work is to be done. Owner further represents and warrants that the person signing this Agreement on behalf of the Owner has the legal authority to enter into this Agreement and perform under its terms. This Agreement has been reviewed and negotiated by both parties, who have access to legal counsel, and therefore this Agreement should not be construed as having been drafted by either party. This agreement entered into this I I , 2009. City of Bozeman Yellowstone Traditi , I c. Ronald J. Adams, President Frint Name and Title day of 4