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HomeMy WebLinkAbout11- City Shops Remodel Contract Agreement with Walker ConstructionCONTRACT AGREEMENT THIS CONTRACT AGREEMENT is dated as of the AV day of rr — in the year 2011by and between CITY OF BOZEMAN hereinafter called OWNER and Walker Construction, Tnc. 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) This project includes Men's & Women's ADA restroom facilities; an ADA shower; women's locker room; office recongigurations; a new training room, break room, and kitchenette; along with upgraded mechanical & electrical services in the above spaces. Total area for renovation is approximately 2,600 square feet. Article 2. CONTRACT TIME 2.1 The Work will be completed within 11 2 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 -� 254 , 950 . 0 0 Dollars, Article 4. PAYMENT PROCEDURES CONTRACTOR shall submit applications for payment in accordance with the Montana Public Works Standard Specification, Third Edition General Conditions, 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 in accordance with this contract shall be made pursuant to the applicable measurement and payment sections of the most current edition of the Montana Public Works Specification based on the unit prices established in Exhibit A. 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, CONTRACTOR makes the following representations: 5.1 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. 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. 5.3 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 Montana Public Works Standard Specifications (MPWSS), Third Edition, dated October, 1988 as amended by the August 1, 199 1, MP Addendum. No. 1, and as further amended by the City of Bozeman Modifications to MPWSS (by reference). 6.4 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 (as defined in the Montana Public Works Standard Specifications, Third Edition, October 1988, General Conditions). Article 7. GENERAL REOUIREMENTS 7.1 Contractor Use of Premises. The CONTRACTOR shall confine his 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 claim 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. 7.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The CONTRACTOR shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters, and driveways are not damaged during construction. If it is necessary to remove or disturb mailboxes during construction, the CONTRACTOR shall repair and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb, gutter„ or driveways damaged during construction, not noted to be replaced on the drawings, shall be replaced by the CONTRACTOR at his own expense. 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. This shall include minimizing obstruction to local traffic especially on dead end streets. 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. .All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Article I3 of the Montana Public Works Standard Specification, Third Edition (MPWSS), published October, 1988, as amended August 1, 1991 and as further amended by the City of Bozeman Modifications to MPWSS. Article 9, Site Safety and Traffic Control 9.1 The CONTRACTOR shall conduct his work so as to interfere as little 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 (MUTCD). 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 Lights. 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 3 cooperate and coordinate his 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 thereover. Work performed within property under the OWNER'S jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. Article 10. STATE LAWS AND REGULATIONS 10.1 All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction 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 filed 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 (I%) 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, Helena, Montana. 10.1.3 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, 1981) 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 %) 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 and Engineer of intention to cancel. The minimum amounts of such insurance coverages being as follows: Commercial General Liability A. Bodily In'ur & Property Damage Each Occurrence Aggregat e: $1,000,000 $2,000,000 Coverage to include: 1. Premises Operations 1 Products and Completed Operations $2,000,000 Products and Completed Operations 3. Contractual 4. Operations of Independent Contractors 5. Personal Injury b. 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. Aired 3. Non -Owned Combined Single Limit 51,000,000 Each Accident C. Worker's Compensation Occupational Disease Statutory Employer's Liability $500 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 Afire ate 51,000,000 $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 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 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. 13.5 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. 13.6 The CONTRACTOR agrees to follow the City's antidiscrimination policy as defined in Commission Resolution No. 4250. 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 snake 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. CONT.RACTOR'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 hereto have executed this Agreement the day and year first above written, Walker Construction, Inc. (Contractor) ✓ By Ken Walker Title President / Owner ACCEPTED: CITY OF BOZEMAN By its gr 9r >r ae er '13 Z ATTEST:` Ci�Cletj IV CO STAT �F MONTANA )ss. AT�F County of Gal ` n On this �day of 2_ b ore me, a Notary Public for e State of Montana, personally appeared CHRfS and STACY U MEN, known to me to be the City Manager and City Clerk for the City of Bozema6d the persons whose Xmes are subscribed to the within instrument, and e acknowledged to me that they exeN ed the same for nd on behalf of the City of Bozeman. IN WITNESS WHEREOF, I hasher pinto set my hand and affixed my official sea] the day and year first above written. (SEAL) Notary Public for State of Mo ana (Printed Name) Residing at Bozema , Montana My Commission Vp�ires:-/-/20