HomeMy WebLinkAbout11- Simonson Construction Contract Agreement for EFIS RepairsL-QN�IRAL:I: A CTRTLFNjEN Cl
and we CTTY OF 13O7—F callecl OWNE a
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hc called CONTRACTOR.
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CONT-Vi.CTOR shall coruplete all WorR as specified or indicated hiiTie CmAract. 't he Project `tVorl is gc;nerall}
described as .follows: (provida a doseription of the work Under this contract)
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2.1 Ibe Work will be corripleted within - 3.6 calendar days after the date the - written Notice to Proceed is
issued. Final payment �Ndll be withheld until final completion and acceptance of the work as stipulated in this
Agreement.
Arficlo3. CON'MACTFRIC—B
3.1 OWNER shall pay CONTRACTOR for petfori ofthe Work in aced tdance with the C tract Documents
the sum (subject to adjustment as provided in the Contract Documents) of &
Article4. PAYA4"FNTPROCFT)IJRES
CONTRACTOR shall submit applications for payment in accordance with the Montana Public WoxEs Standard
Specification, Third Edition General Conditions. Applications 'for payment will be processed as provided in the
General Conditions.
4.1 Payment- Upon satisfactory fruat completion and acceptance of the Work in accordance with the General
Conditions, OWNER shall pay the full contract price.
4.1.1 Measuretnent and Payment. Pa) -went for the work satisfactorily completed in accordance with this contract
shall be made pursuant to the applicable measu•ement 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 wi 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 conti-act price.
Article S. CONTRAC R'S REPRESENTATIONS
In order to induce OWNER to enter into this A CONTRACTOR makes the folloviin-a representations
S. CGNTRACTOR has j'amillaxi✓ed himself With the uatul and extent of 'file Contract Dor-I'milents, Wolk, locality,
and ivil'a 01 1000 conditions and federal. State and 100"J'Vws, ordinances, tJT esand rcgul-,)Voris that in are nuaijarcr
may affilect cost, progress ar. ptrf'orrnance of the 'VIoilr.
5.2,
condiitilons at the site or other vl zff6c'Lbng cost, progress or prrfarmailce of Vile Wolic.
53 CONTRA CTOR has m ade or caused to be made examinations. and imics tig P. t! ons as lie d e ai-as necessary for Ell
perfbimance of the Work- at 0-re contract price, within the contract time and in accordance with the other terns Fnd
conditions of 'the Contract D ocuments, and 11D additional examine -dons, tests, reports or six"'Illar data
are or vd] I be required by CAIN TRACTOR for such PW - PGSM
5A CONTRACTOR has Correlated the results of all such observations, examinations, hivesd alions, tests, reports
and data Nwiffi the terms and conditions of the Contract Dounments,
Article 6. CONTRAC7"DOCTIMENIT, t
The Coiitract Documents W17Ctch comprise the entire agreement between OWNER and CONTR/ CTOR as attached
to or referenced in this Agreement, are made a part hereof and consist of the following, in order Hof precedence:
6.1 This Agreement.
62 Certificates of Insurance and Perfbimiance and Payment goads,
6.3 Montana Public Works Standard Specifications (WWSS), Third Edition, dated October, 1998 as amended
by the August 1, 1991,NdP'W Addendum No. 1. and as fbither amended by the City o Modifications to
IVIPWSS (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, Thh Edition, October 19 8 0 8 0, &enetal Conditions).
Article 7. GETI TERAL REQUIRE tFNTS
7.1 Contractor Use ofPrernises. The CONTRACTOR shalt confine his operations at site of the proposed woTI(to
within the ri Qht-of-wkv 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 ofati employee ortrespasser, It shall be further understood that should arty 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 OV' WER. 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
OW�FERS thereof and prospecting. The CONTRACTOR shall use his own infonnation and shall not rely solely
upoii information shovm on the draFvings concetning existing - underground installations. Tlic CONTRACTOR shall
repair all damage to existing utilities or property at his own expcnse. The CONTRACTOR shall, at a minimum, cat[
the "One-Call" utili jo Date system (Phone: 1.800 -d24-5555) at least 72 hours in advance of starting construction_
cre cxozvatiall will be required adjacent to existing structures, the CON 1 7RACTOR shall b• solely responsibl
to maintain the sbuctural integrity of the existing struc-Luxcs. The CON shall ta. vfnatevu: means
nace-qsary to insun, fhp.t to e fi sting St ru cture; is 1 clanla Ltid if liecessezy shall 1 insto-11 Sheet pilir& 7' he
CO RAC TOR shall repair all dwnage to LiIe st at his own c Imy fences cestr during
construe ion shall 1-'a repaired to the satisfaction of the property oviner. Any delay, additional -cork, or extra- cost
to the C01 caused by e. undafa-rovind installations shall not consikute a claim for extra wor1c,
additional payment or damiages.
7.3 Protection of 13-isting Ivlailbo Curbs and Gutters and Driveways. The CONTRACT OR shall take whatever
means necessary to insure that tho existing mailboxes, curlbs and gutters, mud drivff are not damaged during
coasti if it is necessary to remove or distul - ,nallbo%os during construction, the CONIRACTIOR shall
repair and restore th mailbo-xes at his own expense to the satisfaction of Chit. property owner. Any curb, -utter,
or driveways damaged during construction, not noted to et. replaced on the drawriags, shall be replaced by the
CON IFRACTORarc his own expense.
1A Surface Drainage. Water fibm such sources as sorface runoff, dewatering, and flushing of Nvater lines during
proj ect construction shall riot be allowt-,(I to enter into drainage ways or open areas that - will cause flooding of
existing structures, street intersections, or lawn areas.
7.5 NVork Sequence. - The CONTRACTOR sball schedule the work to ininimize inconvenience to the OWNER
and to adjacent property owners and to mffiirajze 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 mall 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 Nvhen locating of services will be required_
ArticItS. Warranty and Guarantee
8,1 CONTRACTOR wan and guarantees to OWIJE all Work will be in accordance widi the Contract
Documents and will not be defective Prompt notice of all defects shall be given to CON'T'RACTOR. All defective
Wofk, whellier or not in place, may be rejected, corrected or accepted as provided in Article 13 of the Montana
P LI7 blic Works Standard Spc6ifieHtion, Third Edition QVPWSS), published October, 19'00% as amended August 1,
1991 and as further amended by the City of Bozeman Modifications to MPWSS.
Article 9. Site Safety and Traffic Contrio
9.1 The CONTRACTOR shall conduct his work so as to interfere as little as possiblevvith public travel, whether
vehicular or pedestrian. Whenever it is necessary to crags, obstruct, or close roads and walks, the CONTRACTOR
shall obtain approval of such actions from the County or Montana Department of TraTisportition and shall provide
and maintain suitable and safe li-lited 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 fbi• Streets and
Highways (IMUTCD), The CONTRACTOR shall not occupy the work site or initiate construction until all traffic
control provisions are hi place and the OWNER has been so notified.
9.2 Safety P City Pr ovisions. Safety provisions must be entirely adequate and meet with C . 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 t ?afc patterns., signing, location offlagrnen, barricades and rather safety
T arranged..[ roviding 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. T7re CONTRACTOR shall
cooperate and coordinate his methods with the €1Vv'NF. S - traffic control plans prior to the disruption of the normal
rlo "w of any trafflc.
Ali of e =i tiu3C`7u8 n d C i1 e e , 'attb ??S s?alt l7 lJr7� ICi d'i % ?tll Stzital7le 17 ' tv 5, Sigl ?S, ai1Cl lihi:StO the t _7t dl's%
ade juate pro'Cciion is provided to the public. C'bstmoti su. K as inaterlal piles a.ad cqui).'i shall be. I tovided
N'It'h s1raila wak'D?ing signs and lig'ats.
All ba� and obstructions shall he illzrarcn <:ted by ,r =weans of wvning lights °coin sittxset to stzrr +:•rse. I
stored tlpon or alongside public str etis and highways shall tie provided uith si ?aailat warnLi signs grid lights.
All b, nicades, signs, lights and other protectivG &- ices shah be installed and rnahmained in conform - ity with
applicable statutory regyireme and, where within railroad and hi hwa5' right -of -way, as required by the antWivy
having jurisdiction thercover.
Work performed within property under the 0 ER'S jurisdiction shall I?ave all ban- caries signs, lights and
protective devices installed and maintained.
Article 10. STATE LAWS ANN - 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 CONI TRACTOR "5 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 Nvorker'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
10, 1.2 The CONTRACTORS attention is also directed to Title 15, Chapter 50, Part 2, MCA, 1981. Cinder the
provisions of this law, public contractors shall pay to the .estate, in addition to license application fees, a suna 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 dire to subcontractors
for world performed under contracts for public work-, and shat] transmit such monies to the State 13epartment of
Revenue. Additional information pertaining to license requiremerrfs and Iicense flees may be obtained from the
Monttanra State Department of Revenue, State Capital ]wilding, Helena, Montana,
10.1.3 The CONTT ACTOWS attention is called to the .Industrial .accident Insurance laws in force in Montana and
to the responsibility of `the OWNER for the collec ofptor iurns thereunder. The CONI TRACTOR'S compliance
with said laws is required and shall relieve the OWNER of any responsibility for payment ofprenriums thereunder
and shall furnish the 0WNTER vii th satisfactory e videnceshowing that all premiums arising frown this contract have
been paid before payment is made on the final estimate.
10.1.4 In accordance ruith Montana Law (Title 18, Chapter 2, Fart 4, MCA, T981) on contracts for State, County,
school construction, heavy highway or municipal construction, repair or mainten"ec'work under any of the laws
ofthe State, the CONTRACTOR shall give preference to the employment of bona tide Montana residents in the
perf&nJance 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 wb ch the Work is being performed. The minimurn
wages, if inc uded as part of the contract documents, are not controlling except as to the minimumi for the purpose of
the Travis -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.
rac I1. I ERE- 0104ANICF,, A The CONTRACTOR shall furnish aPe&oruance
Bond and aPaymcnt$onds in favor of'the C9tiNWER each in an amount equal to one- liumdred percent (100 %) of the
Agreement amount.
:ti d e 12 1 �SUIZ /�t~l, Without lb- niting a y of the other obligations or liabilities of the: CCINTRACTO ,
CONTRACTO shall secure aid maintain such insurance fiorn an insurance company (or companies) RuIllorizecl
to write insurance it the State of. Mont uia, with minimum "Adv.,. Best Rating" of I3--, V!, as will protect himsei
his subcontractors, ,Tic Owner and t heirrespoctive c ents and employees from clams for bodily injury, dcatly or
#Jroperhy da€nagc v"hich 1113y a715e 07 ,! lon5 grid co�_iplrted oportidans tinder this A �rc:eml nt.. l uen
small be wi ten for claims arising rjut of all premises/ operations, stf' coe tiCYcied operations, productslcamp leted
operatkms, raid all liability assumed bytllo CCli'i I ACT,3r : under a� conti o agrocm.ent, C:C:NTRAC°I'M
shall not conimrtacc `vvorl} under this Agrecraont until sueh certified copies of tlic insurmice policy she 11 have becn
filed wit3 the GVVWERR.
All insurance covera5es shhall Yc main in euec% t1woLL600t the life of tile, Agreement.
Each insurance policy shall contain a clause providing that it will not be cancelled by tI e Insurance company
witho 30 days written notice to the. O NINT - and Engineer of intention to ca :rem. "f he minlniunt amounts of such
insurance coverages bein.- as follows:
C€arnm�rcial gerLeralha
A. $1,000,000 $2,000,000
Coverage to include:
I. Premises Operations
2. Products and Completed Operations 52.000.000
Products and Completed Operations
3. Contractual
A. Operations of Independent Contractors
5. Personal Injury
5. Property Damage applicable to Blasting, Collapse and Underground Hazards shall be included in
oovcra�e.
May be satisfied by prhnaty 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 $5,000 per occurrence, on property damage.
B. Automobile liabili
Bodily Injury and Property Damage:
Co uragi� to include:
1. All Owned
2. .Hired
3. Non -Owned
Combined Single Limit 1.0C}0.000 Each Accident
C. 1Vnrlcer:s Ccrnnenation
Occupational Disease statutory
Employer's Liability ,_j500.00 Each Accident
Sections B and C above may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance.
D. rya L! and Contractors_FrcaLe Li ability
Bodily injury and Prope_ay Darwlsg . Mach ceiirl ~e cc zg�e° f� 1,000,( QC � t,0(30,OQi3
.` atisfa tOry protcctioli. For �i ^iiiur i.1_:`,�' be accoInP1i sk Cd! by w dILa Fm ei?darsenIclit of '- O-ntr sCtrl"fp - ohP;. si vc 0- k�ncraI
l.- Jiility policy or by Conli'acfol "s cni - rici issu;of: - ,'-S ,F a rat p atfacavc lily ilft}y p 1 0!107y.
�.. /�ddititan t'�7sn�•�rtc
Contra n Addi I nsured uncle. Conamercia l General LiLbiliGy�
�, U' Contractors insurance shall S3alr9e tlif'..�t,'�V lei WS � � �' � `!
Automobile Liability, E - ,xess or Umbrella policies.
T', 13uiic?er's l a15
Contractor shall purchase Builder's Risk on the "Eroadforni" forin of coverage inclusive offire, Extended Coverages, and
Vandalism. Insurance shall include the interests of the Contractor, Engineer, and snbcoui actors, as their insurable interest
may appear.
Article 13. MISCELLANEOUS
13.1 Terins used in this Agreement which are de fined in the General Couditinns shall have the meanings indicated
in the General Conditions of the Montana Public Works Standard Specifications, 3rd Edition, October 1938.
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 sh ;ll 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
13.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the
ternis or conditions o:fthis Agreement or to give any notice required herein, then the prevailiiig party or the party
Given notice shalt be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house
counsel.
J3.4 Any amendment of €tiodlfications ofthis 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 injiuy (including death) and damage to property due to the negligence of CONTRACTOR, their agents,
employees, or both, in perf6rining the work required under this Agreement.
1.3.6 The CONTRACTOR agrees to follow the City's antidiscrimination policy us defined in Commission
Resolution No. 4250.
C01 will not €alpe title to, nor sign any manifest or shipment documents for, nor act m one who arranges
for° the shipments and disposal of nor mako the actual selection of disposal sites) for any Hazardous, Regulated or
Special Waste. CONTRACTOR.Nvill not be liable for any prewrlsting environmental contamination of the project
site. iCONT TRACTOR.'s liability for environrnentat 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 agreetneot as an independent contractor, aiid as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, acid to the extent that the work
shall be donne in acetardanee with the terms, plans and specifications. The CONTRACTOR shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, bein.- responsible for any required
payroll deductions and providing required benefits, such as, but not 3'ianitcd to, worlmnaWs compensation and
uanemploymort insurance.
iq }, '4rl —I NESS 'ArUL 1. Qi ti7e. jjartf c s hm!c lhis AD'et�:n1ent the t ay and '� u2' CSSG Gl"Y�1'e ti,
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STATE OF MONTANA )
County of Gallatin )
On this day of 2 , laefor�, e, allotary Public for the State of Montana,
personally appeared CHRIS KLTKUI,SIU and STACY known to me to be the City Manager and City
Clerk for the City of Bozeman and the persons whose n es are subscribed to the within instrument, and
acicraot ledaed to the that they executed trine wane for d on behalf of the City af'
ILK WITNESS WFIEREOF, I have h unto setray hand and affixed my official seal the day and first
above written.
(SEAL)
Notary Public for State of ontaana
(Printed ame)
Residing N at Bo man, Montana
My Cornmisfi`onExpires: / J20