HomeMy WebLinkAbout12- Beall Remodel Agreement with Lutey ConstructionWORK & SERVICES AGREEMENT City of Bozeman
This agreement made this 7 day of %Vovc,v+�e r , 20 12, upon all the mutual, good and valuable
consideration together with all the terms, conditions, covenants, representations, requirements, recitals,
obligations, promises, and performance herein or attached and incorporated and agreed by the parties:
1) CITY: City of Bozeman, P.O. Box 1230, Bozeman, MT 59771. Telephone: 406 - 582 -3200, and, has
authority to contract for such work and services, and desires to have the CONTRACTOR perform the
work and services specified in Scope of Work, and
2) CONTRACTOR: L,4 e, y - T f , roc -
Telephone: (406) 587 -$ 9 Email: that represents,
warrants, promises and guarantees CONTRACTOR: (a) is an independent contractor engaged in an
independently established business or profession, and renders work and services in the course of
such business or profession as an independent contractor; (b) is and will be free from control or
direction over the performance of its work and services; (c) is and shall at all times be qualified,
skilled and licensed to perform such work and services; (d) is and shall be in full compliance with all
federal, state, and local rules, laws, regulations or ordinances whatsoever regarding, concerning, or
relating to the scope of work and CONTRACTORS's business or profession; (e) agrees to provide
and perform such work and services specified in the scope of work; (f) is in good standing and
authorized to do business in the State of Montana; (g) the undersigned has authority to execute and
enter into this agreement and bind the CONTRACTOR to all the terms, conditions, covenants,
representations, requirements, obligations, promises and performance herein or attached and
incorporated.
3) COMMENCEMENT DATE. CONTRACTOR shall commence work no later than
20 12.
4) COMPLETION DATE. CONTRACTOR shall have all work and services and the SCOPE OF WORK
complete to the CITY "s full satisfaction no later than 1d /5
5) CONSIDERATION. The "contract price" or "agreed amount" is a total amount of
k,tin8/ e d -; -F4y ✓x,16„($ `f6 Sy.do .00). CONTRACTOR agrees
that all work and services specified in the Scope of Work shall be rendered, delivered, installed or
performed for the contract price or agreed amount. Under no circumstances whatsoever shall the
amount charged or paid under this agreement exceed the contract price or agreed amount, except for
change of work orders that shall be considered additional work and shall be in writing, fully
negotiated, agreed to and executed by the parties upon additional fair and reasonable terms,
conditions and consideration.
6) SCOPE OF WORK. The CONTRACTOR shall provide all materials and perform all labor to complete
the project described as follows or services as described in the SCOPE OF WORK attached as
Exhibit "A ".
7) PAYMENT SCHEDULE. Payment shall be made as per Exhibit B "Payment Schedule" attached and
incorporated, or if no payment schedule is attached, then the CONTRACTOR agrees to be paid in
partial payments in amounts indicative of the actual percentage of work and services delivered or
performed. The CITY shall make payment within 30 days of receipt of CONTRACTOR'S invoice
provided that work and services have been performed in accordance with this agreement. In the
event that COUNTY's funding is unavailable or limited, then the CITY may reduce the amount of
consideration upon consent of the CONTRACTOR, or without consent terminate this agreement.
8) ADDITIONAL WORK. No claims for extra, additional, or changes in the work or services will be made
by CONTRACTOR without written agreement with the CITY prior to the performance of such
services.
9) TERMINATION FOR DEFAULT_ The performance of Work under this Agreement may be terminated
by the CITY, in accordance with this clause, in whole or in part, in writing, whenever the CITY shall
determine that the CONTRACTOR has failed to perform as agreed or is in default of any part of this
agreement. Without limitation, the CITY has the right to terminate for default, if the CONTRACTOR:
fails to deliver supplies, materials, goods, service, labor or work; fails to perform within the time
specified; or if the CONTRACTOR fails to perform or breaches any representation, promise, warranty,
guarantee, provision, term or condition of this agreement.
10) TERMINATION FOR CONVENIENCE. The CITY may without cause terminate this contract in whole
or in part at any time for its convenience upon reasonable written notice to the CONTRACTOR.
11) CONTRACTOR LIMITATION OF CLAIMS FOR BREACH AND DAMAGES. The CONTRACTOR
agrees that CONTRACTOR's damages, rights and remedies in any case or controversy arising under
this agreement are limited and shall not exceed the reasonable costs of the work performed and
materials installed through to the date of termination less any consideration received CONTRACTOR
waives claim to any damages based on lost profits, consequentia!, incidental, special, punitive,
interest, or delay. Failure of the CONTRACTOR or its contractors or subcontractors to include similar
clauses into its subcontracts and purchase orders shall not expose the CITY to any liability. The
foregoing shall not constitute an exemption from responsibility, and shall not exempt the CITY or
anyone "from responsibility for his own fraud, for willful injury to the person or property of another, or
for violation of law, whether willful or negligent" as per MCA 28 -2 -702.
12) CONTRACTOR ADDITIONAL OBLIGATIONS. The CONTRACTOR'S obligations, duties and
responsibilities include at all times the following: (a) provide all labor, materials, equipment, supplies
and incidentals necessary to perform and complete the scope of work; (b) prepare and present such
information as may be pertinent and necessary, in order for the CITY to pass critical judgment on the
quality of the scope of work; (c) perform work and services in accordance with generally accepted
commercial or accepted industry standards regarding similar type projects, work or services; (d) all
work and services must be performed and completed in a manner that is satisfactory to the CITY; (e)
Perform all professional services in connection with the scope of work at a standard of similarly
situated professionals in the United States, and to the full satisfaction of the CITY; (f) maintain
appropriate safety standards and keep all areas of work and adjacent areas free from foreseeable
risks of harm and dangers; (g) allow the CITY upon reasonable notice and at reasonable times the
right of review, inspect and examine the CONTRACTOR'S place of work and records pertaining to
this agreement; (h) maintain compliance with all not for profit rules, laws and regulations.
13) LAWS AND REGULATIONS. CONTRACTOR has an affirmative duty to take notice of, observe, and
strictly comply with all existing laws, rules and regulations and any all laws, rules and regulations that
may be adopted after the date of this agreement. Whether or not the same are expressly stated in the
agreement, the CONTRACTOR shall strictly comply with all applicable state, federal and local laws
and regulations, including, but not limited to,:
(a) Montana Labor Preference. CONTRACTOR shall give preference to the employment
of bona fide Montana residents in the performance of the work. Section 18- 2-403,
MCA.
(b) Egual Opportunity. Pursuant to Sections 49 -2 -303 and 49 -3 -207, MCA, and City of
Bozeman Resolution 4250, no part of this contract may be performed in a manner
which discriminates against any person on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or actual or perceived sexual orientation,
gender identity, or physical or mental disability, or political ideas by person
performing the contract. Any hiring must be on the basis of merit and qualifications
directly related to the requirements of the particular position being filled.
(c) Prevailing Wage Rates. CONTRACTOR must pay the standard prevailing wage
rates, including fringe benefits for health and welfare and pension contributions and
travel allowance provisions in effect and applicable to Gallatin COUNTY, Montana.
Any questions concerning prevailing wages should be directed to the Montana
Department of Labor and Industry, Labor Standards Bureau, Capitol Station, Helena,
Montana, 59620, Phone: 406 -444 -5600. CONTRACTOR shall post in a prominent
and accessible site on the project or work area, not later than the first day of work
and continuing for the entire duration of the project, a legible statement of all wages
and fringe benefits to be paid to the employees employed on the site or work area.
Section 18- 2-406, MCA. The current standard prevailing wage rates published by the
Montana Department of Labor and Industry for each relevant job classification
necessary to complete the scope of work are incorporated by reference into this
agreement.
(d) Safety. CONTRACTOR on behalf of itself and the CITY assumes sole responsibility
for initiating, maintaining and supervising all health and safety precautions and
programs for all employees, subcontractors, agents, and consultants in connection
with the performance of this Agreement. CONTRACTOR shall ensure that its
employees, consultants, subcontractors, agents are adequately and appropriately
trained pursuant to the Montana Safety Culture Act, Title 39, Chapter 71, Part 15 of
the Montana Code Annotated. CONTRACTOR shall also comply with the safety
rules, codes, and provisions for occupational safety under Title 50, Chapter 71 of the
Montana Code Annotated.
(e) Registration and Withholding. CONTRACTOR shall register with the Montana
Department of Labor and Industry in accordance with Title 39, Chapter 9, Montana
Code Annotated. CONTRACTOR acknowledges the requirements of Title 15,
Chapter 50, Montana Code Annotated and it, not the CITY, will withhold and forward
certain portions of gross contract receipts where necessary.
(f) Professions and Occupations. CONTRACTOR shall ensure all work and services
undertaken for the CITY shall meet the requirements of Title 37, Montana Code
Annotated. Work and services undertaken by licensed professionals, such as
surveyors, architects and engineers, shall be completed, signed, and stamped by as
such professionals licensed.
(g) New Laws and Regulations. If during the term of this Agreement new laws or
regulations become applicable, CONTRACTOR shall also comply with them without
notice from the CITY.
14) WAIVER AND INDEMNIFICATION. CONTRACTOR waives any and all claims and recourse against
the CITY or its officers, agents or employees, including the right of contribution for loss or damage to
person or property arising from, growing out of, or in any way connected with or incident to the
performance of this agreement except "responsibility for his own fraud, for willful injury to the person
or property of another, or for violation of law, whether willful or negligent" as per MCA 28 -2 -702.
(a) CONTRACTOR will indemnify, hold harmless, and defend the CITY and its agents,
principals, and employees from and against any and all liability (including liability
where activity is inherently or intrinsically dangerous), damages, losses or costs, ,
including but not limited to reasonable attorney's fees (including fees of the CITY
Attorney) arising out of or resulting from CONTRACTOR'S or third party's negligence,
recklessness, or intentional misconduct, or from CONTRACTOR'S or a third party's
failure to comply with the requirements of this agreement or with all federal, state and
local law applicable to the performance of this agreement but only to the extent that
the liability, damages, losses, or costs are caused by the negligence, recklessness,
or intentional misconduct of the CONTRACTOR or a third party or the
CONTRACTOR's officers, employees or agents. In the event of an action filed
against the CITY resulting from CONTRACTOR'S performance under this
agreement, the CITY may elect to represent itself and incur all costs and expenses of
suit.
(b) These obligations shall survive termination of this agreement.
15) INSURANCE. The CONTRACTOR shall carry comprehensive general liability insurance in the
amount no less than $1,500,000.00 for each occurrence; Automobile liability in the amount of
$1,500,000.00 combined single limit; Professional Liability or Errors and Omissions coverage in the
amount of $1,500,000.00. All insurance policies shall be primary and noncontributory and shall name
The City of Bozeman, CITY, as additional insured.
(a) Such certificate shall require no less than 15 days notice of cancellation to COUNTY.
CONTRACTOR shall put the CITY on immediate notice of any changes or
cancellation in coverage.
(b) CONTRACTOR shall require all consultants, and subcontractors to meet the same
insurance coverage.
16) INDEPENDENT CONTRACTOR. The CONTRACTOR, and its consultants, contractors, and
subcontractors, shall at all times be considered independent contractors. Notwithstanding its
obligation to fulfill the scope of work, CONTRACTOR and its consultants and subcontractors have
been and will continue to be free from control or discretion over their performance under this
agreement and in fact. The CITY will not be responsible for withholding any state or federal taxes or
social security, nor will the CITY extend any of the benefits to the CONTRACTOR that it extends to its
employees. The CONTRACTOR is required to maintain necessary records and withholding.
17) WORKERS COMPENSATION. As an independent contractor, CONTRACTOR must provide Workers
Compensation for all employees in the amount required by Montana law.
18) ATTORNEY'S FEES. If it is necessary for either party to bring an action to enforce the terms,
covenants, or conditions of this Agreement, the prevailing party shall be entitled to reasonable
attorney fees to be set by the appropriate court, including fees of the City of Bozeman, CITY,
Attorney.
19) HOLD BACK. The CITY may hold back payment or refuse payment whenever in the CITY's sole
discretion it is required to assure, obtain or compel CONTRACTOR's compliance or performance with
this agreement.
20) PAYMENT AND PERFORMANCE BONDS. If the CITY, in its sole discretion, requires the
CONTRACTOR shall post payment and performance bonds in an amount no less than the sum of the
contract price. Bond documents must be delivered to the CITY within 3 days of the contract award
and prior to the commencement of work.
21) VENUE. An action to enforce this Agreement shall be brought in the District Court of the Eighteenth
Judicial District, Gallatin County Montana.
22) INTERPRETATION / ENTIRE AGREEMENT. This Agreement shall be governed and interpreted
according to the laws of the State of Montana. Section headings are for convenience only and are not
intended to define or limit any provisions of this Agreement. The provisions of this Agreement are
independent and severable, and the invalidity, partial invalidity, or unenforceability of any one
provision or portion thereof shall not affect the validity or enforceability of any other provision. Both
parties having been given an opportunity to have this Agreement reviewed by others, the Rule of
Construction providing that the Agreement shall be construed against the drafter will not be used in
the interpretation of this Agreement. Words shall be given plain meaning and effect, the parties
acknowledge and agree that there is no ambiguity. No extrinsic evidence. This document represents
the entire and integrated agreement between the CITY and CONTRACTOR and supersedes all prior
negotiations, agreements or representations, either written or oral. This agreement may be amended
only by written instrument signed by both the CITY and the CONTRACTOR.
23) NON - WAIVER. Delay, waiver or failure to enforce or assert any claim, defense or provision of this
agreement shall not operate as a waiver of any of the CITY's rights and remedies at law or equity that
are expressly reserved without limitation_
24) NON - ASSIGNMENT. No assignment without the other parties written consent which shall not be
unreasonably withheld.
25) EXECUTION OF AGREEMENT. The Bozeman CITY Clerk will keep the original agreement. An exact
unaltered copy of the original agreement has the same force and effect as the original.
26) IN WITNESS WHEREOF the parties have signed this agreement.
Date: /I /)/1.� CONTRACTOR: L_ w4a y - T4_ C"- "F4s"+w', r.4-
Signature:
Date: 1f
RESPONSIBLE CITY OFFICIAL:
Signature:
NOTARY
Signed and acknowledged before me on __�L ay of /�/� 20� by a_ne L (name of person
signing document) who did acknowledge full lawful consent,( authority and capacity to enter the con fr .
Notary Public of the State of Montana Name:
Residing at:
AFFIX STAMP
My Commission expires:
Laurae Clark
C
J
Notary Pubtic
,ofARIq�. °
for the State of Montana
cr3. SEAL.
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Residing at:
Bozeman, Montana
My Commission Expires:
`4°
January 31, 2014
Following is a summary of the proposed scope of work identified at the pre - construction walls
through conducted on Thursday, October 4, 2012. The purpose of the project is to modify the
existing building to add additional office space on the main level of the building.
In addition to the bid number provided, the contractor is asked to provide a construction time line
outlining the critical steps and stages of the project and a calendar showing how the work will be
completed.
Upon award, the contractor will complete the contract document that was provided during the
walk through; an electronic version can be provided. The contractor will also need to provide
proof of insurance at the rates specified and a performance bond for the project.
The job will be subject to both state and local rules including: state prevailing wage rates; 1%
Mt. Dept. of Revenue Withholding; and City of Bozeman non - discrimination resolution.
The identified work components include:
This project is for a conversion of the existing building lobby area into two staff offices. Work
will include the following: I A
Construct 2 by 4 walls with sound insulation and required thickness drywall. Walls will
be a smooth wall finish. Walls will be constructed to minimise the impact on the
existing wood wainscoting.
Install two doors that will match existing doors in the building and have .
Install electrical outlets and phone and data connections on the dividing wall for the
offices.
-- -fiist0i-z -3 foot by 3 foot window on the dividing wall for the offices.
Install a second supply air duct to the northwest corner office.
Install a return air grill for the northwest corner office.
----Rz ca e e coat racks and shelves from the east wall to the west wall by the exit
doors to the new wall constructed for the office.
Paint all remodeled wall and ceiling areas and patch were walls are attached to the
existing walls.
3 BID
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NON - DISCRIMINATION AFFIRMATION FORM
-rk . cr.,ks nea,� ZG, [name of entity submitting] hereby affirms it will not discriminate
on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because
of actual or perceived sexual orientation, gender identity or disability in the performance of
work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the
eventual contract, if awarded, will contain a provision prohibiting discrimination as described
above and that this prohibition shall apply to the hiring and treatment of the
Lw Jc [name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement with the city of Bozeman.
Signature of Bidder:
Person authorized to sign on be 6f of the bidder