HomeMy WebLinkAbout10- Advanced Insulation Professional Services Agreement for Story MansionPROFESSIONAL SERVICES AGREEMENT
'I HIS IS AN AGREEMENI made as of 4 - 19 between THE CITY OF BO u
ZEMAN, a Mnicipal
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Corporation, Bozeinan, Montana, 59715 (OTNER)%nd Advanced Insulation Solutions Inc, 75 Brecken Ct,
Bozeman. Montana, (CONTRACTOR),
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the CONTRACTOR to provide necessary and professional
services for the project.
Whereas the CONTRACTOR represents that it is willing and qualified to perform the professional services fbr this
project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and condition. contained herein, the
parties agree as follows:
ARTICLE 1- CONTRACT SERVICES
1.1. The detailed description of the specific project components is described as follows:
Complete insulation of the attic, porch, and second and third floors of the Story Mansion. The project
components are more specifically described in Advanced Insulation's work estimate presented to the City of
Bozeman and incorporated into this agreement as Appendix "A."
ARTICLE 2 - CONTRACTOR'S RESPONSIBILITIES
2.1. CONTRACTOR shall perform for OWNER professional services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional representative for the Project, providing professional consultation and advice and furnishing customary
services incidental thereto.
2,2. The CONTRACTOR shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct
and complete the CONTRACTOR'S portions of the Project and to prepare and deliver to the OWNER all data, reports,
plans, specifications, and recommendations as designated herein,
11 The CONTRACTOR shall ascertain such information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to
the extent of these contacts and the resulls thereof.
2.4. The CONTRACTOR'S workshall be in accordance with the standards of sound professional practices,
2.5. The CONTRACTOR shall name a Principal -In- Charge for the duration of the project, The Principal -In- Charge
shall be WM�Dtwl� 5 fvU;
2.6. . The CONTR&C'I OR shall name a Prg ecl a the shall be the liaison between the CONTRACTOR and
the OWNER, The Project Manager shall be _-V be OWNER may name a Task Director who would be the
liaison between the CONTRACTOR and the OWNER during the design segment of the Project.
23. The CONTRACTOR shall submit an estimated progress schedule at the beginning of the work, and monthly
progress reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the CONTRACTOR and the OWNER
during the Project. The Task Director designated shall be James Goehrung,
12 The OWNER shall have the right of review and examination of the CONTRACTOR'S at all times.
3.3 The OWNER shall make available all records (record drawings, construction records. etc,) indicating the existing
configuration of the city utilities.
3A The OWNER -hall attend any necessary jot) related ineetings, substantial completion inspections and final
payment inspections.
ARTICLE 4 - BASIC CONTRACTED SERVICES
The CONTRACTOR shall render professional Services as follows:
4,1 See Appendix "A" of this Agreement.
4.1 PROJECT DOCUMENTATION. CONTRACTOR shall furnish OWNER with - See Appendix "A" of this
Agreement.
ARTICLES -ADDITIONAL SERVICES
51. If OlvNINER wishes CONTRACTOR to perform any of the following Additional Services, OWNER shall so
instruct CONTRACTOR in writing, and CONTRACTOR shall perform or obtain from others such services and will be
paid therefore as provided in the Agreement:
5.1 J. Legal land surveys performed to obtain data for preparing casements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services, preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.13. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
CONTRACTOR's control.
5.1.4. Providing renderings or models.
5.1.5. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.6. Furnishing the services of independent professional associates or consultants for other than Basic
Services,
S.Z. • When required by the Contract Documents in circumstances beyond CONTRACTOR's control,
CONTRACTOR shall perform or obtain from others any of the followifig Additional Services as circumstances require
during construction and without waitiria for specific instructions from OWNER, and CONTRACTOR will be paid
therefore as provided in this Agreement:
5.2.1 . Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER, if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Reporting occasioned by the OWNER'S acceptance of
substitutions proposed by Con(ractor(s). services after the award of each contract in evaluating 'and determining
the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor: and evaluating
,in unreasonable or extensive number of claims submitted by Contractor(s) or others irL connection with the work.
5.2.3. Service-s, resulting from significant delays, changes or price increases occurring as a direct result of
materials. equipment or energy shortages,
5-14, Additional or extended services during construction made necessary by (1) work damage liy fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working how's, (4) default by any
Contractor..
ARTICLE 6 - COMPENSATION FOR CONTRACTING SERVICE
6,1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES 6F CONTRACTOR
6,1.1 Payment The OWNER shall, for Basic Contracting Services under sections 4.1 through 4.3 of this
agreement. pay a total sum in the amount of $24,334.00 for such services.
6.1.2 General, CONTRACTOR shall submit one final lunip surn statement for services rendered,
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF CONTRACTOR.
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7
including General Administration of Construction Contract, Resident Project Representation, Project Documentation. and
Construction Testing, shalt be compensated in accordance with the following:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to
exceed $24.334,00,
021.1 Notification. At any time during the project that it becomes apparent that the Services
rendered under this Agreement will exceed the negotiated compensation for these services, and prior to
performing services in excess of the contract ceiling, the CONTRACTOR shall give OWNER written
notice thereof. Promptly thereafter OWNER and CONTRACTOR shall review the scope and progress
of the project work. CONTRACTOR shall obtain written authorization from OWNER, prior to any
additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in
project scope under paragraph 5.2.1, the CONTRACTOR is entitled to additional compensation,
OWNER and CONTRACTOR inay negotiate terms as provided wider 6.2.1.1. The amount and terms
of any additional compensation under 6.2.1 -1 or 0.2.1.3 shall be negotiated and agreed in writing
pursuant to 9,16.
6,113 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost
of the original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of
the estimated compensation, These costs consist of an amount equal to the CONTRACTOR'S Direct
Labor Cost tunes a factor of 2.75 for services rendered which shall include Direct Labor, the federally
audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not
include any allowance for profit.
0.2.2 The OWNER shall pay an amount for Additional Services rendered by the CONTRACTOR and
approved in writing by the OWNER on the basis of the CONTRACTOR'S Direct Labor Costs times a factor of
2.75, or an amount otherv. ise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT. As used herein, the term "this Agreement" refers to the contents of this document and its
Exhibits attached hereto and referred to as if they Nvcrc part of one and the same document.
7.2 REIMBURSABLE EXTENSES. Reimbursable Expenses mean the actual expenses incurred by
CONTRACTOR or CONTRACTOR's independent professional associates or consultants directly in connection with the
Project, such as expenses for: transportation and subsistence incidental thereto, obtaining bids or proposals from
Contractor(s); subsistence and transportation of Resident Project Representatives and then assistants-, toll telephone calls
and telegrams-, reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project - related items.
and if authorized in advance -by OWNER, overtime work requiring higher than regular rates. - In addition, when
compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will
also include the amount billed to CONTRACTOR by special consultants employed by CONTRACTOR and authorized by
OAA (other than as an authorized Additional Services) and will also include cxpensgs incurred for computer time and
other specialized equipment, including an appropriate ebarge for previously established programs and expenses of
photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. CONTRACTOR may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER, If OWNER
disputes the amount of the billing. OWNER will notify the CONTRACTOR in writing within tell (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT, Each request for payment shall include z documentation summary of the period
incremental man bours, incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and
total Cumulative billing, When requested by OWNER, services for distinct project segments shall be accounted and billed
separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services, progress payments due CONTRACTOR for services rendered through such phase shall
constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic
Services, CONTRACTOR also will be reimbursed for the charges of pre-approved independent professional associates
and consultants employed by CONTRACTOR to render Basic Services, and paid for services rendered during that phase
on the basis of the payment provisions of the Agreement, In the event of any such termination, CONTRACTOR will be
paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this
agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 MONTANA REINVESTMENT ACT of 2009
93.1 The Contract is being made under the Montana Reinvestment Act of 2009.
9.1,2 As a subrecipient of Montana Reinvestment Act funding, The Contractor shall comply with all
applicable local, state, and federal laws, regulations, administrative directives, procedures, ordinances, resolutions,;
all administrative directives and procedures established by the Montana Department of Commerce, including the
Historic Preservation Competitive Grant Program Guidelines (July 2009) (Appendix - 13"). and all Of the terms Eind
conditions of the Contract betiveen the City of Bozeman and Montana Department of Commerce (Appendix "C").
9" TERMINATION OF AGREEMENT
9.2.1 The sole right is hereby reserved to the OWNER to terminate this Agreement for -any and all causes or
for its convenience at any time upon fifteen (15) days written notice to the CONTRACTOR.
9,2.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided For
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on upperformed
services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be
adjusted to cover any additional costs to the OWNER because of the CONTRACTOR' default. If termination
for convenience is effected by the OWNER. the equitable adjustment shall include a reasonable profit, as
determined by owner, for services or other work Performed. The equitable adjustment for any termination shall
provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination.
in addition to termination settlement costs reasonably incurred by the CONTRACTOR relating to commitments
which had become firin prior to the termination.
9.2.3 Upon receipt of a termination action under paragraph 9.1.2, the CONTRACTOR shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and Such other information and materials as may have been accumulated by the CONTRACTOR in
performing this Agreement, whether completed or in process,
9.2.4 In the event this Contract is terminated prior to completion, The original copies of the
CONTRACTOR'S data. recommendations, plans, specifications, analysis and other related documents prepared
by the CONTRACTOR prior to said termination shall be delivered to and become the property of the OWNER.
9,15 Upon termination, the OWNER may take over the work and may award another party art Agreement to
complete the work under this Agreement.
9.2.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2.7 Availability of Funding. This Contract is automatically canceled if federal funds under the American
Recovery and Reinvestment Act of 2009, Public Law 11 -5, are not appropriated or otherwise made available to
support the Contract's commencement or continuation ofperforniance,
9.3 INSPECTION AND AUDIT. All books, papers, records, payrolls, vouchers and invoices relating to costs and
expenditures incurred as to the performance of the services by the CONTRACTOR hereunder shall be made available to
the OWNER, or their authorized representatives, for audit and review, at the CONTRACTOR'S respective offices at all
reasonable times during the contract period and for three years from the dale of final payment.
9.4 EMPLOYMENT. The CONTRACTOR warrants that he has not employed or retained any company or persons,
other than a bona fide employee, working solely for the CONTRACTOR, to solicit to secure this contract, and that he has
not paid or agreed to pay any company or person, other than bona fide employees working solely for the CONTRACTOR,
any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the
award or making of this Contract. For breach or violation of this warranty. the OWNER shall have the right to annul the
Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount
of such fee, commission, percentage, brokerage fee, gift or contingent fee.
All employees of the CONTRACTOR or other persons while engaged in the performance of work or services required by
the CONTRACTOR shall be considered employees of the CONTRACTOR only and not of the OWNER.
9.5 DEBARMENT. The CONTRACTOR certifies and agrees to ensure during the term of this Contract that neither
it nor its principals, contractors, subcontractors, or subrecipient entities are debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency,
9,6 NONDISCRIMINATION. The CONTRACTOR will not discriminate on the basis of race, color, religion,
creed. political ideas, sex, age. marital status, national origin or disability in employment or provision of services. The
CONTRACTOR shall be subject to and comply vvilh Title VI of the Civil Rights Act of 1904, Section 140, Title 2, United
States Code_ and all regulations 1nomulgated. thereunder.
The CONTRACTOR must fully comply with all applicable federal. state, or local non - discrimination taws, rules, policies,
regulations. and ordinances, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990. and Section 504 of the Rehabilitation Act of
1973. Any subletting or subcontracting by the CONTRACTOR subjects subcontractors to the same provision. hi
accordance with section 49-3-207, MCA. and City of Bozeman Resolution 4250, the CONTRACTOR agrees that the
hiring of persons to perform the Contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, religion, creed., sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability.
9,7 SUBLETTING OR ASSIGNING OF WORK. The CONTRACTOR shall not sublet or assign any of the work
covered herein without prior written approval of the OWNER.
9,8 STANDARD OF CARE. In providing Services under this agreement, the CONTRACTOR will perform in a
manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently
practicing under similar circumstances, If any service should be found to be not in conformance with this standard, the
CONTRACTOR shall, at the OWNER's request, re-perform the service at its own expense. CONTRACTOR shall also, at
its own expense, make such change, modifications or additions to the project which are made necessary as a result of the
initial non-performance or the re-perforniance of services, The OWNER's rights herein are in addition to any other
remedies the OWNER may have under the law.
9,9 LEGAL RELATIONS.
9.9.1 The CONTRACTOR shall, consistent with the standard care, cornply with those Federal, Stale, and
Local laws and ordinances applicable to the work to be done.
9.92 The CONTRACTOR agrees to defend, indemnify and hold harmless the OWNER, The STATE OF
MONTANA, its officers, directors, agents and employees from and against any suit. cause of action, claim, cost,
expenses, obligation and liability ofany character, including attorney's fees, which is brought or asserted for any
bodily injury, death, or physical damage to property received or sustained by any person, persons, property,
business or any other entity, arising out of or resulting from, or in connection with the CONTRACTOR'S
negligent performance of the work specified in this agreement.
9.93. The CONTRACTOR agrees to defend, indemnify and hold harmless the OWNERand The STATE OF
MONTANA, its officers, directors, agents and employees, should OWNER, its officers, directors, agents or
employees be named as a defendant in any action where the OWNER'S alleged liability arises from the negligent
performance of the CONTRACTOR'S work herein described. The obligations of the CONTRACTOR to
defend, indemnify and hold harmless the OWNER and The STATE OF MONTANA will apply to any suit,
cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or
pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict
liability.
9.9,4 In the event the OWNER or The STATE OF MONTANA is found proportionately responsible for any
damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the CONTRACTOR will be responsible for
only those damages, costs, or liabilities as are attributable to the CONTRACTOR'S percent of fault as compared
with 100c of the fault giving rise to the damages. Should the OWNER or The STATE OF MONTANA be
found responsible for negligence by its own officers, directors, agents or employees, then in that event the
OWNER agrees to reimburse the CONTRACTOR for the reasonable attorney's fees and costs incurred in any
defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required
herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement.
9.9 .5 Should either OWNER or CONTRACTOR be held responsible, for any damages, costs or liabilities
resulting from intentional misconduct by any officer, director, agent or employee in connection with the work
specified in this Agreement, then in that CVC11t, that party Shall defend, indemnify and hold harmless the other as
to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including
reasonable attorney's fees and costs which shall include costs and salary of the City Attorney or other in-house
counsel, Further, notwithstanding the obligations set forth in paragraphs 9.9,2 and 9.9.3 above, the
CONTRACTOR agrees to defend OWNER where the OWNrR'S alleged liability arises from intentional
misconduct by the CONTRACTOR. Should The OWNER be found responsible for intentional misconduct by its
own officer, director, agent or employee, then OWNER agrees to refinhurse CONTRACTOR for the reasonable
anorne)'s fees and costs incurred in any defense of the OWNER,
9.9,6 The CONTRACTOR 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 Nvork 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
worker's compensation Nvith statutoj) limits, and unemployment insurance.
9.10 INSURANCE. The CONTRACTOR shall secure and furnish to the OWNER certificate of insurance, therein.
naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non
Without limiting any of CONTRACTOR's Obligations hereunder, CONTRACTOR shall secure and maintain, until the
work is completed and accepted by the OWNER, insurance coverage naming the OWNER and the State of Montana as
additional insured with minimum insurance coverage as follows:
Type of Coverag
Emplovers'Liability:
General Liability:
Single and combined
General Aggregate:
Excess Liability, Coverage (umbrella)
Automobile:
Limits
$_I�QQ 000 per accident
Bodily Injury & Property Damage
$ 1.000,1000 per accident
5 1000 000
$1.000.000 each occurrence
Bodily -JaW—rY-&1 �Pro lent
PAIna - le and combined
Damage Sing
51.000.000 each occurrence
In addition to the above insurance coverage, the CONTRACTOR shall secure, and maintain, until the work is completed
and accepted by the OWNER. and naming OWNER and State of Montana as an additional insured, professional errors
and omissions coverage as follows:
Professional Errors & Omissions: $ 500.000 per claim and
aggregate each occurrence
General Provisions. All insurance coverage shall be placed with a carrier licensed to do business in the State of Montana
or by a domiciliary state and with a Best's rating of at least A-, or by a public entity self-insured program either
individually or on a pool basis as provided by Title 2, MCA. All certificates and endorsements are to be received by the
Department prior to beginning any activity provided for under the Contract. Grantee shall notify the Department
immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status Of policy,
etc. The Department reserves the right to request complete copies of Grantee's insurance policy at any time, including
endorsements,
9.11 ONN'NERSHIP OF DOCUMENTS
The parties admit and agree the docurnents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
CONTRACTOR will be at OWNFR's sole risk and without liability or legal exposure to CONTRACTOR, or to
CONTRACTOR's independent professional associates 01 COIISLIIWIIIS. Files in electronic media formal of text. data,
graphics, or of other types that are furnished by CONTRACTOR to OWNER are only for convenience of owner. Any
conclusion or information obtained or derived from such electronic files will beat the user's sole risk.
9,12 PUBLIC INFORMATION, The CONTRACTOR shall not issue any statements, releases Or infOl'Mati011 for public
dissemination without prior approval of the OWNER.
9,13 PROPRIETARY RIGHTS. If patentable discoveries or inventions should result from work required herein. all
rights accruing Front' such discoveries Or inventions shall be joint property of the CONTRACTOR and the OWNER.
Provided that the OWNER, state agencies or political subdivisions and the United States government shall have the
irrevocable, none.xclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and
disposition, according to la% , of any article or material, and in the use of any method that may be developed as part of the
work described and contemplated herein.
9,14 RECORDS. The CONTRACTOR shall maintain accounting records and other evidence pertainin to the cost
incurred and to make the records available at all reasonable *times during the Contract terin and for one (1) year from the
date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available
for inspections by OWNER.
9.15 SUCCESSORS IN INTEREST. The covenants, agreements and all.statements in this Contract apply to and shall
be binding on the heirs, personal representatives, successors and assign of the respective parties.
9,16 ATTORNEY'S FEES AND COSTS. That in the event it becomes necessary for either Party of this Contract to
retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the
prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary,
and costs of in- hoarse counsel to include City Attorney.
9.17 MODIFICATIONS AND AMENDMENTS. That any amendment or modification of this Contract or any
provisions herein shall be made in writing or executed in the -same manner as this original document and shall after
execution become a part of this Contract.
In witness Whereof, the Parties hereto do make and execute this Agreement,
CITY OF BOZEMAN, MONTANA CONTRACTOR
BY: BY:
(City Manager) (Project Manager�
DATE: — 0 - Oq — f DATE: �� C3t21 0
OF B0
BY:"
ESTIMATE
AWANM
4 o /7 59UMAF5JEr,
Wayne Smith (406) 570-1396
David Smith (406) 209-0004
75 Brecken Ct.
Bozeman MT 59718
� ..�aeta § R - HIR - 51
1 4 R DIN _R AX IT" PIR
ATE: 11/02/2009
�STMATE: Story Mansioni
Customer Name / Address
Work Site Address
City of Bozeman
Story Mansion
814 N. M&ek'&zeA
Wilson Ave.
Bozeman, MT 59715
Bozeman, MT 59715
WORK DESCRIPTION:
,/ R49 loose fill cellulose in main attic spaces
✓ 6'CoTbond up sprayed in individual attic spaces with TPR2 ignition barrier paint
✓ Drill holes in interior walls in 2 nd and 3,d floors to retro-fill cellulose insulation
Drill holes in floor over covered porch and retro-fill cellulose insulation
$2&3=3400
All exposed posh' urethane foam must be covered by a minimum 15 minute thermal barrier. If not specifically
listed ', the responsibility of the customer / contractor to do so.
Advanced Insulation Solutior-, - v�ill drill necessary holes to retro-fill insulation but is not responsible for
repairing the holes. It is the responsibility of the customer to arrange for proper repair,
Advanced Insulation Solutions guarantees no specific improvement or return on retro-fill insulation jobs.
By signing below customer agrees to all terms and conditions listed above. Customer also agrees that payment
is due in full 30 days after completion of work.
SignowTv ➢U_111
=t), 1 V � �
The 2089 session of the Montana State Legislature passed House Bill 645, sponsored by
Representative Jon Sesso of Butte-Silver Row. The bill, also known as the Montana
Reinvestment Act, is the state legislation to implement the American Recovery and Reinvestment
Ac±(ARRA). Governor Brian Schweitzer signed the b)|| into law on May 14, 2009. HB 645
established several programs including the Historic Preservation Competitive Grant Program,
which is "for the awarding of grants to public or private entities for the preservation of historic
sites within the State of Montana."
Quick links to topics below:
• Available Fundinn
• Definitions
• Eligible, Activities
• Ineligible Activities
• Statutory Ranking Criteria
• Public Access
• General Reguirements,
• Preservation Easement
• Applicable State Laws and Regulations
• NonclIsicriminatto
• Grant Administration
• Applications Received
• Grant Awards Announced
• Forms for Grantees
H8 645 provided $4 million for Historic Preservation Competitive Grants. From that amount, M8
645 set aside funding for three specific historic preservation projects:
Marcus Daly Mansion at Hamilton: $5D,OOO for Restoration and Preservation
5t. Mary's Mission at Stevensville: $4O.O00 for Restoration and Preservation
Traveler's Rest Historic Site atLo|o: $180,000 for Restoration and Preservation
In addition, the Legislature provided that 2.7196 of the appropriation ($105,540) may be used by
the Montana Department of Commerce (MDOC) for administrative expenses bo implement the
program. After subtracting the funding for the three specific projects and program
administration, $3,624,480 was available for new historic preservation grants.
Under the HB 645 Historic Preservation Competitive Grant Program the hollowing terms are
defined as:
"Entity" includes any Montana state, local (city, town, or county), or tribal
government or agency, any non-profit organization, or pr�ate entity (individual
person, partnership, or corporation). Any of these entities may apply fora grant under
the Historic Preservation Competitive Grant Program.
"Historic site" is defined as "a location of significant event, occupation, or activity
that maintains historical value, including any building, structure, or object originally at
that location, whether standing, ruined, or vanished, that upon the application date for
a historic preservation grant is at least fifty years old. A historic site shall not include
any occupied building, structure, nr object currently used primarily as a oaeidemce."
"Preservation" may include "activities to maintain, preserve, rehabilitate, or
reconstruct a historic site to meet modern needs while retaining the historic character
and integrity of the s|te."
Consistent with the definitions above, eligible activities included the following:
• modifications to a historic site to meet fire or building codes,
• provisions for ADA handicapped accessibility (rarnps, elevators, rastroorns);
• installations of heating, cooling orventilating systems;
• work to stabilize or rebuild e building foundation or structural components;
• reconstruction of buildings that no longer exist at a historic site;
Provision of parking lots or spaces, gift shops, meeting rooms, interpretive displays, display
onmus, furnishings, or archival storage for a historic site had a low priority for grant funding, in
comparison to the activities described above,
Consistent with the definitions above, ineligible activities included the following:
The re�ocmtionof historic structures k/ other sites, or
Demolition of historically significant buildings or structures or historic parts of
buildings or structures.
HB 645 funds may not be used for administrative or overhead costs. The Legislature's intent
was that HB 645 funds be used only for project costs directly related 0o construction, including
architectural or engineering design, purchase of equipment or materials, and construction
expenses, including labor. Grant recipients nuustabsorb the costs ofp�jectadministration with
ruvvn resources. The 196 gross receipts tax paid to the Department of Revenue is
considered an administrative cost and cannot be paid for using HB 645 funding.
Pva competitive criteria identified in HB 645 were used to determine the nnaht of each
application for historic preservation competitive grants. The funding criteria are:
(1) The degree of economic stimulus or economic activity, including job creation and
work creation for Mon &mna con tractors amdservice workers
(2) The timing of the project, including the access to matching funds if needed and
approval of permits so the work can be completed without delay;
(3) The historic nr heritage value related to the State ofMontana;
^
(4) The successful track record or experience of the organization direct the project;
and
(5) The expected on-going economic benefit nn the State eme result ufthe project
completion.
Historic sites that are or will be accessible to the public on an established and publicized schedule
and/or protocol (e.g. guided tours by appointment) were given a preference for H8 64S Grant
funding. This will help assure that public funds invested in Montana's �historicoiten" help
preserve and protect sites that are available for the enjoyment of Montanans and Montana's
visitors.
General Requirements for HB 645 H�ist Preservation Grant
°
Grant applicants or sub-recipient organizations had to have legal title to the property
bobeawarded a HB 645 Historic Preservation Grant, or have the written permission of
the property owner tn carry out the planned historic preservation activities. The legal
property owner needed to co-sign a grant contract obilgating funds under HB 645,
Apmperty receiving FIB 645grant funds may not be sold ortransferred for the
duration cf the grant contract without the notification of and written approval by
MDOC, ur the grant funds received must be returned to MDOC.
When applicable, grant recipients must comply with the Montana State Antiquities Act,
MCA 22-3-421 ttMpgh 442.
Grant recipients must agree to comply with the following preservation easement requirement for
a period of (5) five years:
The Property Owner must agree toassume the cost o[ continued maintenance and
repair of the assisted historic property, so as to preserve the architectural, historical,
orarchaeo|ogica| integrity of the property.
The Property Owner must agree that the Montana Department of Commerce, its
agents and designees shall have the right to inspect the property at all reasonable
times in order to ascertain whether or not the conditions of this agreement are being
observed.
HB 645 histor preservation funds are state general funds and are not subject to federal
requirements, such as the federal Davis-Bacon Act. All applicable state statutes and regulations
apply when using these funds, such as state laws for local government bidding thresholds and
procedures, when applicable. State prevailing wage rates, often referred to as "Little Davis-
Bacon~wage rates, apply in s�tuations where they are currently applicable. ^
Because the grants are not federal funds, only the reporting and accountability requirements
associated with the federal American Recovery and Reinvestment Act (ARRA) apply. The
reporting and accountability requirements are mandated by Section 54ofHouse Bill 646.
If local government officials have questions about state requirements, such as procurement, we
suggest they refer to the Administrative Manual for Treasure State Endowment Program (TSEP)
projects, which provides a summary of the applicable state requirements for local infrastructure
projects using only state funds, lrheTS{P Manual provides a good summary o[ the state
requirements that could apply to a HB 645 Historic Preservation project.
_
Nondiscrimination
Any non-profit organization, for-profit organization, or any public agency assisted with HB645
funds must agree to provide its services or operate Its facilities without discrimination, in
accordance with the civil rights laws and regulations of the United States and the State of
Montana. These laws and regulations prohibit any discrimination on the basis of race, color,
national origin, sex, religion, handicap, age, or family status (families with children). Any
organization receiving HB 845 grant assistance must also carry out equal employment
opportunity hiring practices.
Grant Administration
Once MDOC gives final approval to a historic preservation grant award, the recipient will need to
enter into o contract with MD[`C that will specify the terms and condiUons associated with the
project. The recipient must agree to comply with all state laws and regulations and
administrative directives and procedures established by MDOC, unless federal law supersedes,
The grant funds will be disbursed after the contract is fully executed between MDOC and the
recipient, and the recipient has complied with any special conditions established by MD(}C. The
Department will reimburse the grant recipient as the grant recipient |mcmns eligible project costs.
To receive these reinmbanaernents grant recipients must submit itemized invoices along with the
drawdovvn forms located at the bottom mf this webpage. Upon approving the grant recipient's
request for funds, the Department will reimburse all eligible expenses, as provided in the
contract between the Department and the grant recipient. Substantially incomplete work, or
work that does not adhere tothat proposed in the contract, will not be eligible for
reimbursement.
Only costs incurred after April 5, 3010, are eUgibIe for reimbursement. MB 645 Historic
Preservation Competitive Grant funds cannot be used to reimburse expenses incurred prior to
this date.
Al[ HB 645 funds must be expended by June 30, 2011.
Applications Received
The Department of Commerce received 135 applications requesting over $20.1 million in historic
preservation funding.
The links below list all of the applications received by the Montana Department of Commerce,
These lists are sorted by project location and by historic site use categories,
Ayylications by Location (Adobe Acrobat pdf)
Applications by Category Adobe Acrobat pdf
Grant Awards
MDOC has offered a total of $3.6 million in Historic Preservation awards to 56 entities across the
State of Montana. Below is a link to the list of those applicants offered awards.
Historic Preservation Awards Adobe Acrobat df
We are currently working with these awardees to complete the pre- contracting requirements.
Awardees had until May 7, 2010, to accept their Historic Preservation Award, provide an updated
budget and implementation schedule, and complete an environmental assessment (EA)
checklist. The EA checklist needed to be made available for public review and comment, any
substantive comments received about the EA responded to, and the final EA approved by the
grantee. For further guidance concerning the Montana Environmental Policy Act (MEPA), visit:
http; / /Ieo.mt.00v/ content / Publications /Environmental /2009meyaguide. pdf
Forms for Grantees
MDOC has developed several forms for Historic Preservation Grantees. Please use the links
below to access templates of these forms.
O warterly Reports (Adobe Acrobat pdf - due the first Friday after each quarter)
Re uests for Funds (Adobe Acrobat pdf - must accompany each drawdown request)
Instructions For Com letin the for Funds form (Adobe Acrobat pdf)
Drawdown Tracker (Adobe Acrobat pdf - must accompany each drawdown request)
Drawdown 'Tracker (Microsoft Excel xis)
Signature Certification Form (Adobe Acrobat pdf - must be on file before the first
drawdown request)
Designation of Depository (Adobe Acrobat pdf - must be on file before the first
drawdown request)
Closeout Report (Adobe Acrobat pdf - must accompany the final drawdown request)
HISTORIC PRr:S5RV►TION COMPETITIVE GRANT PROGRAM
CONTRACT #STMGF-60-HP- 10 -009
City of Bozeman (T. B. Story Mansion)
This Agreement is entered into by the CITY OF BOZEMAN, BOZEMAN, Montana (hereinafter
the "Grantee"), and the Montana Department of Commerce, Helena, Montana (the Department).
The Grantee and the Department hereby agree to the following terms:
Section 1. PURPOSE
The purpose of this Agreement is to provide grant funding to public or private entities for the
preservation of historic sites within the State of Montana for project activities approved by the 61 st
Montana Legislature through the Montana Reinvestment Act (HB 645) and signed into law by
Governor Schweitzer on May 14, 2009 (Chapter 489, Laws 2009).
Section 2. AUTHORITY
This Agreement is issued under authority of Title 18, Montana Code Annotated, the
Administrative Rules of Montana, Title 2, Chapter 5, and the terms of HB 645 (200'9).
Section 3. APPLICATION INCORPORATED BY REFERENCE
The Grantee's application for Historic Preservation Competitive Grant Program assistance,
including any written modifications resulting from the review and ranking of the application by
the Department and any change in the scope of work approved bythe Department (collectively,
the "Project"), is incorporated into this Conti-act by this reference and the representations made
therein are binding upon the Grantee.
Section 4. ACCEPTANCE OF PROGRAM REQUIREMENTS
(a) The Grantee will comply with all applicable local, state, and federal laws, regulations,
ordinances, and resolutions, including the reporting and accountability requirements of
the American Recovery & Reinvestment Act of 2.009 and all administrative directives and
procedures established by the [Department, including the guidelines for the Historic
Preservation Competitive Grant Program duly, 2009).
(b) The Grantee understands and agrees that the work to be performed under this project is
funded by federal and/or state recovery and reinvestment funds ("Recovery Funds"), and
that the Grantee must report information as required by applicable federal and state law
for itself and all contractors, subcontractors, and subreciplent entities performing work
under this Agreement.
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(c) The Grantee acknowledges It is subject to the conditions an grant award, disbursement of
funds, and other Program policies set forth in the Montana Reinvestment Act.
(d) The Grantee agrees that all contracts and subcontracts entered into for the completion
of the activities described in Section 6. SCOPE OF WORK will indicate that the
contract is being made under the Montana Reinvestment Act of 2009, and require such
contractors, subcontractors, and subrecipient entities to also comply with all applicable
local, state, and federal laws, regulations, administrative directives, procedures,
ordinances, resolutions; and all administrative directives and procedures established by
the Department, including the guidelines for the Historic Preservation Competitive
Grant Program (July, 2009).
(e) The Grantee expressly agrees to repay to the Department any funds advanced under this
Contract that the Grantee, or its contractors, subcontractors, or subreciplent entities, or
any public or private agent or agency to which they delegate authority to carry out
portions of this Contract, expends in violation of the terms of this Contract, the statutes
and regulations governing the Program, or any applicable local, state, or federal
requirements.
Section 5. BUDGET
(a) The total amount to be awarded to the Grantee under this Contract will not exceed
$24,334.00. The Project budget is set forth in Exhibit A.
(b) For budget adjustments of $5,000 or less between line items in the Project budget set forth
in Exhibit A, Department approval of the Request for Payment form will constitute approval
of the budget adjustment. The Grantee shall describe the rationale for a budget adjustment
in the Project Progress Report and note the adjustments in the Request for Payment
submitted with draws against the grant funding reserve. Budget adjustments in excess of
$5,000 must be approved in advance by the Department.
Section 6. EFFECTIVE DATE AND TIME OF PERFORMANCE
(a) This Contract shall take effect upon execution by the parties and will terminate upon
issuance of the Notice of Project Close-out by the Department or June 30, 2011,
whichever is sooner, unless otherwise terminated in accordance with the terms of this
Contract.
(b) All Program grant award monies must be expended by the Grantee on Or before June 30,
2011. The activities to be performed by the Grantee will be completed according to the
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Montana Department of Commerce QTY OF BOZEMAN
implementation schedule set forth in Exhibit 8, The Grantee may modify the
implementation schedule set forth in Exhibit B only upon obtaini the pri written
approval nf the Department.
Section 7. SCOPE OF WORK
The Grantee will complete the Project and administer this Conti using Historic
Preservation Competitive Grant Program funds for the following components of the Project:
Construction costs incurred in insulating the acc1c, porch, and second and third floor walls
Section 8. AMOUNT OF GRANT AND METHOD OF REIMBURSEMENT
kJ The Department will use the funds appropriated in the Montana Reinvestment Act of 2009
to fund grant awards to the Project activities set forth in SectionSS thereof. The Grantee
acknowledges that its access to Recovery Funds is subject to their availabili
/b\ The Department agrees that if and when the funds described in paragraph 0o\ of this
Section are available, the Department will authorize the Grantee to request reimbursement
from Historic Preservation Competitive Grant funding awarded for the Grantee's Project.
In requesting reimbursement, the Grantee will follow the instructions supplied by the
Department.
(6 The Department agrees to reimburse the Grantee as set forth in this Section for
successfully completing the act set forth in Section 6. SCOPE [}F WORK oseligible
Projecc costs are incurred on or after execution of this Contract, supported by adequate
documentation submitted by the Grantee, and upon approval 6v the Department o{the
Grantee's Request for Reimbursement,
(d) The Department will not reimburse the Grantee for any coats incurred by the Grantee
prior to April 5. 2O|8 for any expenses not included in the budget (Exhibit A) or an
approved adjustment thereto, or for any expenses not clearly and adequately supported by
the Grantee's records.
(e) As further seuforthinSection ;9, TERMINATION OF CONTRACT, if the Gmnteefa|[eto
or is unabye to comply with any of the terms and conditions of this Contract, any cc=
incurred will be the Grantee's sole responsibility,
� .
Unless otherwise stated herein, the Department is allowed 30 working days toprocesso
Request for Reimbursement once adequate supporting documentation has been received
bv the Department. The Grantee may berequired to prov banking information mcthe
time of[om¢ract execution im order tofacilitate electronic funds transfer payrnemts.The
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Department may withhold payments to the Grantee if the Grantee has breached the
terms of this Contract,
(g) If the Department determines that the Grantee has failed to satisfactorily carry out its
responsibilities under this Contract, the Department may withhold reimbui the
Grantee Lint!] such time as the parties agree on a plan to remedy the deficiency,
(h) At the request of the Department, Requests for Reimbursement for contracted or
subcontracted services Must attach appropriate documentation demonstrating
compliance with contract requirements.
(i) The Grantee may not use monies provided through this Contract,as payment for Project
costs that are reimbursed from other sources.
If the Department determines that the Grantee is not likely to expend all grant funds by
June 30, 2011, it may require the Grantee to request an amendment to the scope of the
awarded project or redistribute all or a portion of the award to other projects proposed
by the Grantee and approved by the Department
Section 9. REPORTING REQUIREMENTS
(a) Quarterly Recovery funds Reports No later than the first Friday after each quarter
the term of this Conti-act, the Contractor must report, at a minimum, for itself and all
contractors, subcontractors, and subrecipient entities, the following information:
(1) The cumulative dollar amount of all contractor invoices-,
(2) The cumulative supplies delivered and the services performed;
(3) An assessment of the completion status of the work;
(4) An estimate of the number of jobs created and the number of jobs retained during
the previous quarter paid for or reimbursed with Recovery Funds.-
(i) "Jobs created" means new positions created and filled, or previously existing
unfilled positions that are filled, for each project, during the previous quarter,
expressed as "full time equivalent" (FTE), calculated as all hours worked by new
employees during the previous quarter, divided by the number of quarterly
hours in a full time schedule, as defined by the Contractor.
(H) "Jobs retained" means previously existing filled positions that are saved/retained
for each project, during the previous quarter, expressed as FTE, calculated as all
hours worked by saved/retained employees during the previous quarter, divided
by the number of quarterly hours in a full time schedule, as defined by the
Contractor.
(iii) The Contractor must report the FTE (job counts should be converted to full-
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Montana Department of Commerce CiTy Or BOZEMAN
time equivalents), number of quarterly work hours, and total number ofhours
in afu/l-dme schedule, as defined by the Contractor, for both 'obs created and
retained,
(iv) Temporary construction jobs should also be converted tuannualized fuN-tinie
equivalents. For example, 2Ofull-time jobs one three-month project coumtas5
full-time equivalent annualized jobs; and
(S) Name and physical location of all contractors, subcontractors, and subrecipient entities
engaged in any of the activities described {o Section 8 SCOPE [)FWORK during the
term aftheProject.
/b1 . Upon completion of the final Project, the[5ran1eevvNsubonit
a final Project Completion Report to the Department. The Project Completion Report
will describe the total costs incurred for the Project, providing documentation supporting
each claim for expenses to be reimbursed, identify the final completion date, summarize any
significant problems encountered imcarrying out the 'ectandprovidedhefima(Recovery
Funds information for each item set forth in paragraph (a) in this Section, Within }S days of
receiving the Project Completion Report, and copies of the invoices the Department will
issue the Notice of Project Close-out,
Section 10, LIAISONS
The contact persons for this Agreement are:
For the Department of Commerce:
Kelsey A^Dalton
Community Development Division
Montana Department cf Commerce
PO Box IO0523
]D| South Park Avenue
Helena, MT5962D-O523
Phone: (406) 841-2866
FAX: (406) 841-2771
e-mail: kdalton2@mt.gov
For the Grantee:
|omset Gauley, Grants Coordinator
City of Bozeman
P.O. Box 1230
Bozeman, MT59771-/238
5 o B
HistnrcPresenvation Competitive Grant Program Contract #STMGF-604HP.10-009
MunExna Department mfCommerce CITY OF BOZEMAN
406- 582-2940
jg
Section 11. ACCESS TO AND RETENTION OF RECORDS
The Grantee shall create and maintain records of the services covered by this Contract,
including but not limited to financial records, supporting documents, and such other records as
are required by law or other authority, and to provide the Department, Montana Legislative
Auditor, or their authorized agents access to any records necessary to determine contract
compliance. (Mont. Code Ann. § 18-1-118.) The Grantee agrees to create and retain records
supporting the services rendered or supplies delivered for a period of three (3) years after either
the completion date of the Contract or the conclusion of any claim, litigation, or exception
relating to the Contract taken by the State of Montana or third party, whichever is later. These
records will be kept in the Grantee's offices in Bozeman, Montana. -
Section 12. PROJECT MONITORING
(a) The Department or any of its authorized agents may monitor and inspect all phases and
aspects of the Grantee's performance to determine compliance with the SCOPE OF
WORK, the proper use of Recovery Funds, and other technical and administrative
requirements of this Contract, including the adequacy of the Grantee's records and
accounts. The Department will advise the Grantee of any specific areas of concern and
provide the Grantee opportunity to propose corrective actions acceptable to the
Department.
(b) Failure by the Grantee to proceed with reasonable promptness to take necessary
corrective actions shall be a default, If the Grantee's corrective actions remain
unacceptable, the Department may terminate this Contract in whole or in part, or
reduce the contract price or award to reflect the reduced value of services received,
(a) The Grantee must, in performance of work under this Conti-act, fully comply with all
applicable federal, state, or local non - discrimination laws, rules, policies, regulations, and
ordinances, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of
the Rehabilitation Act of 1973. Any subletting or subcontracting by the Grantee subjects
subcontractors to the same provision. In accordance With section 49-3-207, MCA, the
Grantee agrees that the hiring of persons to perform the Contract will be made on the
basis of merit and qualifications and there will be no discrimination based upon race, color,
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Historic Preservation Competitive Grant Program Contract #STMGF-60-HP- 10-009
Montana Department of Commerce CITY OF BOZEMAN
religion, creed, political ideas, sex, - age, marital status, physical or mental disability, or
national origin by the persons performing the contract.
(b) The Grantee shall promptly refer to the Department any credible evidence that a
principal, employee, agent, contractor, sub-grantee, subcontractor, Qr other pet has
submitted any false claim or has committed any criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
funds provided under this Contract,
01
(a) The Grantee, in accordance with Section 18 -311, MCA and other authorities, must
maintain for the put of this Conti-act an accounting system of procedures and
practices that conforms to Generally Accepted Accounting Principles (GAAP).
I
(b) The Department or any other legally authorized governmental entity or their
authorized agents may, at any time during or after the term of this Contract, conduct, in
accordance with Sections 2-7-503, 5-13-304, and f 8 -1 -1 18, MCA and other authorities,
audits for the purposes of ensuring the appropriate administration and expenditure of
the monies provided through this Contract and to ensure the appropriate
administration and delivery of services provided through this Contract.
(c) The Grantee, for purposes of audit and other administrative activities, in accordance
with 18-1-118, MCA and other authorities, must provide and the Department any other
legally authorized governmental entity or their authorized agents access at any time to
all of their respective records, materials and information, including any and all audit
reports with supporting materials and work documents, pertinent to the services
provided under this Contract until the expiration of three (3) years from the
completion date of this Contract, The Department and any other legally authorized
governmental entity or their authorized agents may record any information and make
copies of any materials necessary for the conduct of an audit or other necessary
administrative activity.
Section IS. AVOIDANCE OF CONFLICT OF INTEREST
(a) The Grantee will complywith sections 2-21-121, 2-2-201,7-3-4256, 7-3-4367, 7-5-2106, and
7-5-4109, MCA (as applicable) regarding the avoidance of conflict of interest.
(b) The Grantee agrees that none of its officers, employees, or agents will solicit or accept
gratuities, favors, or anything of monetary value from contractors, subcontractors, or
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Montana Department of Commerce CITY OF BOZEMAN
potential contractors and subcontractors, who provide or propose to provide services
re|aVng to the project funded under this Contract.
All reports, information, data, and other materials prepared bv the Grhntee.mrany of its
contractors or subcontractors, in furtherance of this Contract are the pl of the Grantee and
the Department, which both have the royaltv-free, nonexclusive, and irrevocable right to
reproduce, publish or otherwise osr4 and to authorize others to use, in whole or pert, such
pro pertyand any info rmadnn relating thereto, Nm material produced in whole m' part under this
Contract may be copyrighted or patented in the United States or in any other country without the
prior written approval of the Department and the Grantee.
Section 17. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING
(a) The Grantee agrees that all contracts and subcontracts entered into for the completion of
the activities described in Section 6 SCOPE OF WORK or any portion thereof must
indicate, inwriting, that the Contract Is being made under the Montana Reinvestment Act
of 2009, and require such contractors, subcontractors, and subreriplent entities to also
comp|v with all applicable local, otata, and federal laws, regulations, administrative
directives, procedures, ordinances, resolutions; all administrative directives and procedures
established by the Department, including the Historic Preservation Conmpebtive []rant
PnzgmamGuide||mes
(b) The Grantees assignment, transfer, delegation, prsubcontract of this Contract orany
oorcmm thereof neither makes the State party to that agreement nor creates any right,
c|ahn. or interest |n favor of any party to that agreement against the State.
(c) The Grantee must immediately notify the Department of any litigation concerning any
assignment, transfer, delegation, or subcontract ofthis Contract or any portion thereof.
Section |8. HOLD HARMLESS AND INDEMNIFICATION
The Grantee agrees to protect, defend, 'and save the State, its elected and appointed ofGcie|n,
agents, and enap|oyees, while acting within the scope of their dodom as such, harmless from and
against all c|dmx, dernaoda, causes of action of any kind or character, including the cost of
defense thereof, arising In favor of the Grantee's employees or third parties on account of bodily
or personal injuries, dea1h, or damage to property arising out of set performed or
omissions of services or in any way resulting from the acts or omissions of the Grantee and/or
its agents, employees, representatives, assigns, subcontractors under the Contract,
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Section 19. INSURANCE
(a) General Requirements. Grantee shall noamznn and shall assure that its
assigns, and subcontractors maintain forthe duration of the Conti attheir own costand
expense, primmry liability insurance a 9 a|mmzclaima for injuries to pei-sons or damages to
property which may arise from or in connection with the performance of the duties and
obligations in the Conti by Grantee, its agents, employees, representatives, assigns, or
subcontractors. This insurance xMvl| cover such claims as may be caused by any negligent
act or omission. The State, its officers, ofOdo|s, employees, and volunteers are to be
covered as -additional inoured'a for all claims arising out of the use of grant proceeds
provided by the State of Montana.
(b) PrimaU Insurance. Grantees insurance coverage shall be primary insurance with respect
to the State of Montana, its elected or appointed officers, es, mrvolunteers
and shall not contribute with it.
(b) general [; At
!ability Insurance.
its mo|a cost and expense, the Grantee shall purchase
occurrence coverage with minimum combined single limits o[$| million per occurrence
and $2 million aggregate per year, oras established bv statutory Tort limits of $750,000 per
claim and $ 1,500,000 per Occurrence as provided by a self-insurance pool Insuring counties,
cities, or towns, aa authorized under Section 2,9-%||,MCA.
66 Grantee shall assure that any representatives, assigns, and
subcontractors performing professional services under this Conti purchase occurrence
coverage with combined single limits for each wrongful act of $ 1,000,000 per occurrence
and $2,QQD aggregate per year. Note, if"occurrence" coverage iounavailable or cost
prohibitive. the Contractor may provide "c|ainna made" coverage provided the following
conditions are met: (|) the commencement date of the contract must riot fall outside the
effective dote of insurance coverage and it will be the retroactive date for insurance
coverage in future years; and (2) the claims made policy must have a three (3) year tail for
claims that are made h0|edl after the cancellation or expiration date of the policy.
(d) PmopeM Insurance. Ar its sole cost and expense, the Grantee shall maintain property
and hazard insurance, including course ofconstruction coverage, and earthquake
insurance |n areas where there iva shaking level above IOn (see map ut
for loss mr damage for any
building and all related improvements - and contents therein on the premises on a
replacement cost basis throughout the term mf the contract,
(e) General Provisions All insurance coverage shall be placed with a carrier licensed todo
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Montana Department o[Commerce CITY OFROZEMAW
business in the State of Montana cir bya domiciliary state and with oBeses rating of at least
A' or by public entity self-insured program either individually or on a pool basis as
provided by Title 2` MCA. All certificates and endorsements are to be received by the
Department prior to beginning any activity provided for under the Conti Grantee shall
notify the Department immediately of any material change io insurance coverage, such as
changes in limits, coverage, change in status of policy, etc. The Department reserves the
right to request complete copies of Grantee's insurance policy at any bnne, including
endorsements.
Section 20. TERMINATION OF CONTRACT
This Conti may only be terminated in whole or in part as follows:
(6 Availabilit of Funft This Contract is automatically canceled if federal funds under the
American Recoveryand Ronvestnsnt/\ctof2009 Puh|cLovw/ |-5, are nmtapproprietad
or otherwise made available to support the Conti-act's commencement or continuation of
performance,
/�
`_' The Department may terminate
this Contract for failure of the Grantee, its contractors, subcontractors orsmbrecip)emc
entities to perform or comply with any of the services, duties, terms, or conditions
contained in this Contract after giving the Grantee written notice of the stated failure. The
written notice will demand performance of the stated failure within a specified period of
z�meof not less than 3Udays. |f the demanded performance |s not completed within the
specified period, the termination lm effective at the end of the specified period.
(c) Effect of Termination In the event of termination due to the Grantee's.orits contractors',
subcontracton/ entities' failure to perform or comply with any of the
services, duties, terms, or conditions of this [omtract, any coots incurred will be the
responsibility of the Grantee. Hovnever, at its sole discretion, the Department may
approve requests by the Grantee for reimbursement of expenses incurred' The
Department's decision tm authorize payment of any costs incurred ormm recover expended
Program funds will be based on a consideration of the extent to which the expenditure of
those funds represented o good faith effort ofdiaGrantee t0000up|yvvizh the any ofthose
services, duties, terms, or conditions of this Contract, and on whether the failure o»comply
with any of those services, duties, terms, or conditions resulted from circumstances beyond
the Grantee's control.
Section 21- NOTICE
All notices, reports, and other information required under the prov of the Contract to be
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Historic Preservation Cmmpuddve Grant Program Co #STMGP-6U�P-|O-0O9
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exchanged between the parties must be in writing and delivered to the parties' liaisons identified
herein either bv first class mail or personal service.
Section 22. DEBARMENT
The Grantee certifies and agrees to ensure during the term uf this Contrucrth"~ neither it nor its
principals contractors, subcontractors. oruubrecip)nmt entities are debarred, suspended, proposed
for debarment, declared ineUgib|e, or voluntarily excluded fz»nn participation in this Contractbv
mmygovernmentai department or agency.
Section 23. CONTRACT AMEN DMPN1F
Except as otherwise set forth herein, this Contract may not be enUarged, modified, or s|te/'ad
except upon written agreement by all parties co the Contract.
-
Section 24- DEFAULT
Failure on the part of either party to perform the provisions,of the Contract constitutes default.
Default may result in the pursuit of remedies for breach of contract as set forth herein or as
otherwise legally available, including but not limited to damages and specific performance.
Section 25' COMPLIANCE WITH WORKERS` COMPENSATION ACT
{ Sramreaoarmrequ|redtocornp|yYvith6leproviu|onmufthaY1antano\»/orkem`Cornpensat[onAcc
while performing worl(for the State of Montana in accordance with Sections 39-71-401, 39-71-405,
and 39-41-417, MCA. Proof of compliance must be in the form of workers' compensation
insurance, an independent contractor's exemption, or documentation of corporate officer status.
Neither the Grantee nor its employees are employees of the State. This insurance/exemption
must be valid for the entire term of the Contract. Proof of compliance and renewal documents
must be sent co the Department.
Section 26. FORCE MAJEURE
Neither party shall be responsible for tai|o/'e to fulfill its obligations due to causes beyond its
reasonable control, including without 0onitation, acts or omissions of government or military
authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances,
riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control
of the non-performing party, so long as such party is using its best efforts to remedy such failure or
delays.
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Historic Preservation Competitive Grant Program Contract #STMGF-6U-HP'|O^0Ug
Montana Department of Commerce CiTYOF BOZEMAN
Section 27. SEPARABILITY
A declaration by any court, or any other binding legal forum, that any provision of the Conti-act is
illegal and void shall not affect the legality and enforceability of any other provision of the Conti-act,
unless the provisions are mutually dependent,
ITIVI. 111A.1faild"11 7
Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the
parties as a method of resolving disputes that Would arise under the Conti-act.
Section 29. REFERENCE TO CONTRACT
The Contract number must appear on all invoices, reports, and correspondence pertaining to the
Contract
Section 30. NO WAIVER OF BREACH
No failure by the Department to enforce any provisions hereof after any event of breach shall be
deemed a waiver of its rights with regard to that event, or any subsequent event. No express
failure of any event of breach shall be deemed awaiver of any provision hereof No such failure or
waiver shall be deemed a waiver of the right of the Department to enforce each and all of the
provisions hereof upon any further or other breach on the part of the Grantee.
This Contract is governed by the laws of Montana. The parties agree that any litigation concerning
this Contract must be brought in the First judicial District in and for the County of Lewis and
Clark, State of Montana, and each parry shall pay its own costs and attorney fees.
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Montana Department of Commerce C" OF BOZEMAN
Section 32, INTEGRATION
The Contract contains the entire agreement between the parties, and no staternents, promises, or
inducements of any kind made by either party, or the agents of either party, not contained herein
or in a properly executed amendment hereto are valid or binding.
IN WITNESS OF THE TERMS SET OUT ABOVE, the parties hereto have caused this
Conti-act to be executed.
CITY OF Bozr:MAN (T. 8. STORY MANSION).
Chi K ktj Manager
0
ATT
—21-1
Date
�%
APPR6 o r-oRm:
Xttun_ey
Anthony J. Preite, Director
Montana Department of Commerce
Date
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Historic Preservation Competitive Grant Program Contract #STM GF-60-HP- 10-009
Montana Department of Commerce CITY OF BOZEMAN
PROJECT BUDGET FOR HB 645 HISTORIC PRESERVATION —
Name of Grant Recipient T. B. Story Mansion, City of Bozeman
Project Activities: Insulate the attic, porch, and second and third floor wells
Budget Prepared By: Josset Gauley, Grants Specialist — City of Bozeman
PROJECT ACTIVITY HB 645 Grant Other Funds: Total Costs
A 7Ar - chitectu ' rall Engineering Design
rc g Design
Equipment
Construction
$24,334. o
$24,334.00
Labor
Contingency
Other
TOTAL PROJECT COSTS
$24,334.00
$_24,334,00
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Historic Preservation Competitive Grant Program Contract *STMGF-60-HP- 10-009
Montana Department of Commerce CITY OF BOZEMAN
EXHIBIT B.
IMPLEMENTATION SCHEDULE
' AL » :■ - -
A. S ign contract with Department of Commerce '\
QUARTERS QUART
2010 _ 2011
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4
aeG
Historic Preservadon Competitive Grant Program «rac=ATMGF %$RP«0
Montana Dep« ± of Commerce CITY OFBOZEMAN