HomeMy WebLinkAbout11- Gallatin Roofing Contract Agreement for Senior Center roofCONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is dated as of the -2 11 day of Aar in the year 2011 by
and between CITY OF BOZEMAN hereinafter called OWNER and ,C &l
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. The Project Work is generally
described as follows: (provide a description of the work under this contract)
1.1 5 e C'. t: e '+'0""0 P O Vi ;
Article 2, CONTRACT TIME
2.1 The Work will be completed within I V-Q calendar days after the date the written Notice to Proceed is
issued. Final payment will be withheld until final completion and acceptance of the work as stipulated in this
Agreement.
Article 3. CONTRACT PRICE
3.1 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 , C Dollars,
Article 4. PAYMENT PROCEDURES
CONTRACTOR shall submit applications for payment for completed work /�, in accordance with
standard financial practices. Applications for payment will be processed as provided in the General Conditions.
4.1 Payment. Upon satisfactory final completion and acceptance of the Work in accordance with the General
Conditions, OWNER shall pay the full contract price.
4. 1.1 Measurement and Payment. Payment for the work satisfactorily completed or for materials delivered and
stored at a secured facility, in accordance with this contract shall be made pursuant to the applicable measurement
and payment schedule which will follow the agreed upon construction schedule.
No item that is required by Contract for the proper and successful completion of the Work will be paid for outside of
or in addition to the prices submitted in the contract. All work not specifically set forth as a pay item herein shall be
considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in
the contract price.
Article 5. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CON"T"RACTOR makes the following representations
5.1 CONTRACTOR has familiarised himself with the nature and extent of the Contract Documents, Work, locality,
and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner
may affect cost, progress or performance of the Work.
5.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting., cost, progress or performance of the Work.
53 CONTRACTOR has made or caused to be made examinations, and investigations 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 CONTRACTOR for such purposes.
5.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports
and data with the terms and conditions of the Contract Documents.
Article 6. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR as attached
to or referenced in this Agreement, are made a part hereof and consist of the following in order of precedence:
6.1 This Agreement.
6.2 Certificates of Insurance and Performance and Payment Bonds,
6.3 Notice to Proceed.
There are no Contract Documents other than those listed above in this Article 6.
The Contract Documents may only be altered, amended or repealed by a modification, signed and approval by both
parties.
Article 7. GENERAL REOUIREMENTS
7.1 Contractor Use of Premises. The CONTRACTOR shall confine his/her operations at site of the proposed work
to within the right -of- -way or construction easements provided.
It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near
the site will be entirely that of the CONTRACTOR and that no clairn shall be made against the OWNER by reason
of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating
access by the OWNER to the sites occupied by these stored materials and equipment, the CONTRACTOR owning
or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment
may be placed upon any private property until the property OWNER has agreed in writing to the location
contemplated by the CONTRACTOR to be used for storage.
7.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for locating all existing
underground installations, including service connections, in advance of excavating or trenching, by contacting the
OWNERS thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely
upon information shown on the drawings concerning existing underground installations. The CONTRACTOR shall
repair all damage to existing utilities or property at his own expense. The CONTRACTOR shall, at a minimum, call
the "One - Call " utility locate system (Phone: 1- 800 -424 -5555) at least 72 hours in advance of starting construction.
Where excavation will be required adjacent to existing structures, the CONTRACTOR shall be solely responsible to
maintain the structural integrity of the existing structures. The CONTRACTOR shall take whatever means
necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The
CONTRACTOR shall repair all damage to the existing structures at his own expense. Any fences destroyed during
construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to
the CONTRACTOR caused by existing underground installations shall not constitute a claim for extra work,
additional payment or damages.
7.4 Surface Drainage. Water from such sources as surface runoff, dewatering and flushing of water lines during
project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of
existing structures, street intersections, or lawn areas.
7.5 Work Sequence. The CONTRACTOR shall schedule the work to minimize inconvenience to the OWNER and
to adjacent property owners and to minimize interruptions to utility service. Work shall be scheduled so as to
minimize disruptions to local mail delivery. Close coordination will be required between the CONTRACTOR,
OWNER, and COUNTY. The utility service companies such as power, gas, telephone, and cable shall be contacted
at least 72 hours in advance of when locating of services will be required.
Article 8. Warranty and Guarantee
8.1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract
Documents and will not be defective Prompt notice of all defects shall be given to CONTRACTOR.
Article 9. Site Safetv and Traffic Control
9.1 The CONTRACTOR shall conduct his/her work so as to interfere as Iittle as possible with public travel,
whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads and walks, the
CONTRACTOR shall obtain approval of such actions from the County or Montana Department of Transportation
and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the
accommodation of public and private travel in accordance with the current edition of the Manual on Uniform
Control Devices for Streets and Highways (MUTCI}). The CONTRACTOR shall not occupy the work site or
initiate construction until all traffic control provisions are in place and the OWNER has been so notified.
9.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City, County, State and Federal
regulations to protect the public on these streets and roads.
9.3 Barricades and Eights. Prior to the start of construction across roads or walks, all construction permits shall be
obtained, utility companies notified, and traffic patterns, signing, location of flagmen, barricades and other safety
measures arranged. Providing and maintaining safety barricades, and other work site safety measures shall be the
responsibility of the CONTRACTOR and shall be included in the contract price. The CONTRACTOR shall
cooperate and coordinate his/her methods with the OWNER'S traffic control plans prior to the disruption of the
normal flow of any traffic.
All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that
adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided
with similar warning signs and lights.
All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials
stored upon or alongside public streets and highways shall be provided with similar warning signs and lights.
All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with
applicable statutory requirements and, where within railroad and highway right-of-way, as required by the authority
Having jurisdiction thercover.
Work performed within property under the OWNER'S jurisdiction shall have all barricades, signs, lights and
protective devices installed and maintained.
Article I0, STATE LAWS AND REGULATIONS
1.0.1 All applicable laws, ordinances and the rules and regulations of all authorities having jurisdictions over
construction of the project shall apply to the contract throughout.
10.1.1 The CONTRACTOR'S attention is directed to Title 39, Chapter 3, Part 7, MCA, 1981, which requires the
CONTRACTOR to post a surety bond or other form of security insuring worker's wages and fringe benefits with the
Commission of Labor and Industry, State of Montana. The bond or other security shall be tiled with the
Commissioner and evidence of the bond shall be provided to the OWNER prior to commencement of work.
10. 1.2 The CONTRACTOR'S attention is also directed to Title 15, Chapter 50, Part 2, MCA, 1981. Under the
provisions of this law, public contractors shall pay to the State, in addition to license application fees, a sum equal to
one percent (1 %) of the gross receipts from all public contracts in excess of five thousand dollars ($5,000). Prime
CONTRACTORS shall be responsible for withholding one percent (1 %) of all monies due to subcontractors for
work performed under contracts for public work, and shall transmit such monies to the State Department of
Revenue. Additional information pertaining to license requirements and license fees may be obtained from the
Montana State Department of Revenue, State Capital Building, Fleiena, Montana,
10.13 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws in force in Montana and
to the responsibility of the OWNER for the collection of premiums thereunder. The CONTRACTOR'S compliance
with said laws is required and shall relieve the OWNER of any responsibility for payment of premiums thereunder
and shall furnish the OWNER with satisfactory evidence showing that all premiums arising from this contract have
been paid before payment is made on the .final estimate.
10, 1.4 In accordance with Montana Law (Title 18, Chapter 2, Part 4, MCA, 198 1) on contracts for State, County,
school construction, heavy highway or municipal construction, repair or maintenance work under any of the laws of
the State, the CONTRACTOR. shall give preference to the employment of bona fide Montana residents in the
performance of said contract, and shall further pay the standard prevailing rate of wages including fringe benefits
and travel allowance in effect as paid in the county or locality in which the Work is being performed. The minimum
wages, if included as part of the contract documents, are not controlling except as to the minimum for the purpose of
the Davis -Bacon Act. Therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages
including fringe benefits for health and welfare and pension contributions, and travel allowance provisions in effect
and applicable to the county or locality in which the Work is being performed.
Article 11. PERFORMANCE AND PAYMENT" BONDS. The CONTRACTOR shall furnish a Performance Bond
and a Payment Bonds in favor of the OWNER each in an amount equal to one - hundred percent (100°/x) of the
Agreement amount.
Article 12. INSURANCE Without limiting any of the other obligations or liabilities of the CONTRACTOR,
CONTRACTOR shall secure and maintain such insurance from an insurance company (or companies) authorized to
write insurance in the State of Montana, with minimum "A.M. Best Rating" of B +, VI, as will protect himself, his
subcontractors, the Owner and their respective agents and employees from claims for bodily injury, death or
property damage which may arise from operations and completed'operations under this Agreement. Such coverage
shall be written for claims arising out of all premises/ operations, sub- contracted operations, products /completed
operations, and all liability assumed by the CONTRACTOR under any contract or agreement. CONTRACTOR.
shall not commence work under this Agreement until such certified copies of the insurance policy shall have been
filed with the OWNER.
All insurance coverages shall remain in effect throughout the life of the Agreement.
Each insurance policy shall contain a clause providing that it will not be cancelled by the insurance company
without 30 days written notice to the OWNER of intention to cancel. The minimum amounts of such insurance
coverages being as follows:
Commercial General Liability
A. Bodily Injury 3'c Property Damage Each Occurrence Aggregate $1,000,000 $2,000,000
Coverage to include
I . Premises Operations
2. Products and Completed Operations __12,000,000
Products and Completed Operations
3. Contractual
A. Operations of Independent Contractors
5. Personal Injury
G. Property Damage applicable to Blasting, Collapse and Underground Hazards shall be included in
coverage.
May be satisfied by primary insurance or a combination of primary and excess of umbrella insurance. However, primary
occurrence limit cannot be less than $1,000,000. Deductible not to exceed 55,000 per occurrence on property damage.
B. Automobile Liabilit
Bodily Injury and Property Damage:
Coverage to include:
1. All Owned
2. Hired
. Non -Owned
Combined Single Limit $1 0,_ 00 000 Each Accident
C. Worker's Compensation
Occupational Disease
Employer's Liability
Statutory
5500.00 Each Accident
Sections B and C above may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance.
D, Owners and Contractors Protective Liability
Bodily Injury and Property Damage Each Occurrence Aggregate $1,000,000 $1,000,000
Satisfactory protection for Owner may be accomplished by either an endorsement of Contractor's Comprehensive General
Liability policy or by Contractor's carrier issuing; a separate protective liability policy.
E. Additional Insureds
The Contractor's insurance coverage shall name the Owner as an Additional Insured under Commercial General Liability,
Automobile Liability, Excess or Umbrella policies.
F. Builder's Risk
Contractor shall purchase Builder's Risk on the "Broadform" form of coverage inclusive of Fire, Extended Coverages, and
Vandalism. Insurance shall include the interests of the Contractor, Engineer, and subcontractors, as their insurable interest
5
may appear.
Article 13. MISCELLANEOUS
13.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated
in the General Conditions of the Montana Public Works Standard Specifications, 3rd Edition, October 1988,
13.2 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/her interest or obligations
hereunder without written consent of the other party. The Owner reserves the right to withdraw at any time from
any subcontractor whose work has proven unsatisfactory the right to be engaged in or employed upon any part of the
Work.
13.3 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
given notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in- house
counsel.
13.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and
executed in the same manner as this original document and shall after execution become a part of the Agreement.
135 The CONTRACTOR hereby agrees to indemnify and hold the OWNER harmless from all claims and liability
for bodily injury (including death) and damage to property due to the negligence of CONTRACTOR, their agents,
employees, or both, in performing the work required under this Agreement.
CONTRACTOR will not take title to, nor sign any manifest or shipment documents for, nor act as one who arranges
for the shipments and disposal of, nor make the actual selection of disposal site(s) for any Hazardous, Regulated or
Special Waste. CONTRACTOR will not be liable for any preexisting environmental contamination of the project
site. CONTRACTOR's liability for environmental contamination of the project site shall be limited to the extent
CONTRACTOR's negligence has caused, contributed to or exacerbated the contamination of the project site.
The CONTRACTOR is and shall perform this agreement as an independent contractor, and as such, is responsible to
the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall
be done in accordance with the 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, workman's compensation and
unemployment insurance.
IN WITNESS WHEREOF the parties aereto have executed this Agreement the day and year first above written.
&'
(Contractor)
By " G
Title
1 _ .
A E TFI3:
a.
CITY OF B ZEMAN
By its C4L4 &VCntrlc4.a _5
ATTE
B ry
Ci Cl rk
1883 •
STATE. OF MONTANA
)ss,
County of Gallatin )
On this day of _ , 2, before me, a Notary Public for the State of Montana,
personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City
Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year first
above written.
(SEAL)
Notary Public for State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expiresd / /20
Mark Heckel
1525 Royal Road
Belgrade, MT 59714
406-581-4085
INC.
Licensed
Insured
Guaranteed
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