HomeMy WebLinkAbout12- Metal Works Contract Agreement for Roop replacement CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is dated as of the 21 day March in the year 2012 by and between CITY OF
BOZEMAN hereinafter called OWNER and Metal Works of Montana.Inc D/B/A Missoula Sheet Metal&Roofing
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 Remove and Replace the existing roofing according to specification items 1 through 12—Base Item
1.2 All roof decking that is jointly determined by the owner and the contractor to be damaged or
deteriorated,is to be replaced at a cost per square foot of Three Dollars and Eighty-Four Cents($3 84)
as an additional adjustment to the original contract price—Base Item
1.3 Alternate items to be performed per Attachment"A"-Alternate Item
Article 2. CONTRACT TIME
2.1 The Work will be completed within 60 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 Sixty-Two Thousand One Hundred
Eighty-One Dollars and No Cents($62,181.00). 4F 6 Z 0 8 1.
q LC NAc .
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.
1
CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is dated as of the 2"d day March in the year 2012 by and between CITY OF
BOZEMAN hereinafter called OWNER and Metal Works of Montana Inc D/B/A Missoula Sheet Metal&Roofing
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 Remove and Replace the existing roofing according to specification items 1 through 12—Base Item
1.2 All roof decking that is jointly determined by the owner and the contractor to be damaged or
deteriorated, is to be replaced at a cost per square foot of Three Dollars and Eighty-Four Cents($3 84)
as an additional adjustment to the original contract price—Base Item
1.3 Alternate items to be performed per Attachment"A" -Alternate Item
Article 2. CONTRACT TIME
2.1 The Work will be completed within 60 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 Sixty-Two Thousand One Hundred
Eighty-One Dollars and No Cents($62 181 00) k$' 6 2 U 8 J• ,
q L4C .
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.
1
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: 1-800424-5555)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 Iawn areas. 1.
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 13 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
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-7
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 Injury&Property Damage Each Occurrence Aggregate: $1,000,000 $2,000,000
Coverage to include:
1. Premises Operations
2. Products and Completed Operations $2,000,000
Products and Completed Operations
3. Contractual
4. Operations of Independent Contractors
5. Personal Injury
6. 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$5,000 per occurrence on property damage.
B. Automobile Liability
Bodily Injury and Property Damage:
Coverage to include:
1. All Owned
2. Hired
3. Non-Owned
Combined Single Limit $1,000,000 Each Accident
C. Worker's Compensation
Occupational Disease Statutory
Employer's Liability $500,00 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
5
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 hereto have executed this Agreement the day and year first above written.
(Cont actor)
By
Title �� D S-1- �V�T
ACCEPTED:
CITY OF B 7-EMAN
By its ru 904& r
Oc
^V� e
ATTEST:
City trkU
1 _
ST OF MONTANA
)ss.
County of Ga in )
On this of 2 ,before me, a Notary Public for the State of Montana,
personally appeared CHRIS ULSKI and STACY ULMEN,known to me to be the City Manager and City
Clerk for the City of Bozeman an persons whose names are subscribed to the within instrument, and
acknowledged to me that they execute same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have here set my hand and affixed my official seal the day and year first
above written.
(SEAL)
Notary Public for State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
7