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.
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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
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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.
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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
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