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Home My WebLink About11- College and 11th Roundabout Agreement with Knife River of BelgradeAGREEMENT FORM � r � tk � THIS AGREEMENT is dated as of the . day of in the year 2011, by and between CITY OF BOZEMAN, hereinafter called OWNS d KNIFE RIVER - BELGRADE hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Reconstruction of the West College Street and South l I"' Avenue intersection, to modify the current four -way stop controlled intersection into a new roundabout. The work includes street excavation, subexcavation, gravel base course, asphalt pavement, Portland Cement Concrete Pavement truck apron, curb and gutter, median islands, sidewalk, storm drain., utility adjustments and relocations, street lighting, topsoil, sprinkler irrigation relocations and sod. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: COLLEGE AND 11 in STREET ROUNDABOUT. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 60 days after the date when the contract time commences to run as provided in the General Conditions. Work shall be complete by no later than August 23, 2011. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 12 Liquidated. Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred dollars (5200.00), plus engineering expenses as stipulated in the Contract Documents, for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Six Hundred Fif - Two Thousand Seven Hundred Forty-Seven Dollars and Thirty-Five Cents ($ 652,747.35 Article 4. PAYMENT' PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions, 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein.. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim.. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latentphysical conditions at the site or otherwise affecting cost, progress orperformance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions, 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRAC'T'OR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRAC'T'OR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, dated 2003, with addenda, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004, including Addenda No.. 1, 2, and 3. 7.12 Technical Specifications 7.13 Appendix A. 7..14 Addenda listed on the Bid forms, 7.15 CONTRACTOR'S executed Bid forms. 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.17 Notice of Award. 7.18 Notice to Proceed. 7.19 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.20 Any Notice of Partial Utilization. 7.21 Notice of Substantial Completion, 7.22 Notices of Final Completion and Acceptance. 7.23 Non - Discrimination Affirmation Dorm There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 81 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions, 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part ofthe Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ONT '0 B (JOINT VENTURE) By Title City of Bozeman (0 ER) B4 (CITY MANAGER) APPROVED AS TO FORM: ITY ATIIORNY) (SEAL &) (ATTEST (SEAL &) (ATTEST) S�T A� -6 04/26/2011 15:36 �J1BZ1103A College & I Ith Roundabout * ** Knife River - Steve Baeth BID TOTALS Biditem Description uantity Knits (Unit Price Bid Total i Mobilization /Bond /Ins /Submittals 1.000 LS 32,500.00 32,500.00 2 Survey /Staking /Testing 1.000 LS 31,150.00 31,150.00 3 Traffic Control 1.000 LS 9,250.00 9,250.00 4 Erosion Control /Permits 1.000 LS 3,000.00 3,000,00 5 Remove Trees 18.000 EA 110,00 1,980.00 6 Remove Structure 1.000 EA 1,200.00 1,200.00 7 Street Exc & Removals 1,145,000 CY 25.00 28 „625.00 8 Subexcavation 2,168.000 CY 18.00 39,024.00 9 Crushed Base Course 1 -112" Minus 578.000 CY 27.00 15,606.00 10 Plant Mix Bit Surf 605.000 TN 75.00 45,375.00 11 Cone Iavement 9" Colored/Pattemed 374.000 SY 95.00 35,530.00 12 Special Borrow 2,318.000 CY 30.00 69,540,00 13 Flowable Fill 12.700 CY 100.00 1,270.00 14 Remove Storm Drain 323.000 LF 25.00 8,07500 15 Remove Manholes 2.000 EA 1,500,00 3,000.00 16 Remove Curb Inlets 1000 EA 275.00 825.00 17 8" PVC Storm Drain I0.000 LF 26.00 260.00 18 12" PVC Storm Drain 120.000 LF 30.00 3,600.00 19 15" PVC Storm Drain 140.000 LF 34.00 4,760.00 20 18" PVC Storm Drain 38.000 LF 54.00 2,052.00 21 RCP 18" C1 -3 Storm Drain 62.000 LF 55.00 3,410.00 22 Manhole 48" 3,000 EA 3,000.00 9,000.00 23 Manhole 60" 1.000 EA 3,500,00 3,500.00 24 Manhole 60" Special Design 1.000 EA 3,800.00 3,800,00 25 24" Riser Inlet 1.000 EA 800.00 800,00 M 36" Curb Inlet 1000 EA 1,600.00 3,200.00 27 48" Manhole /Curb Inlet 1000 EA 2,000.00 4,000.00 28 Manhole Lid & Frame 1.000 EA 600.00 600.00 29 Concrete Sidewalk 4" 1,228.500 SY 38.00 46,683.00 30 Concrete Sidewalk 6" 89.000 SY 45.00 4,005.00 3I Concrete Median Cap 164.300 SY 30.00 4,929.00 32 Detectable Warning Devices 28.800 SY 275.00 7,92.0.00 33 Concrete Median Curb 512.100 LF 8.00 4,096.80 34 Concrete Curb & Gutter 1,210.700 LF 9.50 11,501.65 35 Sodding/Topsoil 965.000 SY 11.00 10,615.00 16 Landscaping 1.000 LS 8,000.00 8,000.00 17 Rip Rap 8.000 CY 95,00 760.00 38 Retaining Wall 96.000 SF 26.00 2,496.00 19 Bollards 6,000 EA 450.00 2,700.00 !0 Remove &, Salvage Luminaires 6.000 EA 600.00 3,600.00 11 Electrical 1.000 LS 45,000.00 45,000.00 12 Sign Removal 20.000 EA 80.00 1,600.00 13 Sign Installation 48.000 EA 400.00 19,200.00 4 Flexible Delincators 20.000 EA 68.00 1,360.00 15 Pavement Markings 1.000 LS 49,000.00 49,000.00 16 Remove Water Service 1.000 EA 550.00 550.00 17 ReIocate Sprinkler System 4.000 EA 2,000.00 8,000.00 8 Adjust Water Service Line 1.000 EA 2,500.00 2,500.00 -9 Adjust Manholes 2.000 EA 250.00 500.00 ;0 Adjust Water Valve 2.000 EA 110.00 220.00 I Adjust Curb Box 1.000 EA 75.00 75,00 �2 Adjust Gas Valve 1.000 EA 110.00 110.00 3 Monument Box 1.000 EA 350.00 350,00 1 04/26/2011 15:36 JIBZI 103A College & 1 lth. Roundabout * ** Knife River - Steve Baeth BID TOTALS Biditern Description Quantftv Units Unit Price Bid Total 54 Geotextile- Stabilization 3,841.000 SY 1.90 7,297.90 55 Waterline Insulation 205.000 SY 95.00 19,475.00 56 MC -70 Prime 2,732.000 SY 4.2.5 11,61 1.00 57 Asphalt Sea] Coat 2,732,000 SY 5.00 13,660.00 Bid Total =_ -- = -> $652,747.35 2