Loading...
HomeMy WebLinkAbout14- High Tech Coatings Professional Services Agreement for Lot Repair PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 15th day of July, 2014, by and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, 121 North Rouse Ave., Bozeman, Montana 59771, hereinafter referred to as "City," and, High Tech Coatings, Inc. P.O. Box 203 Belgrade, Montana, hereinafter referred to as "Contractor." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Proposals attached hereto as Attachment "A" and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate on the 15th day of September, 2014. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements listed in the Proposals for each municipal lot. 4. Payment: City agrees to pay Contractor the amount specified in the Proposals for each municipal lot for each location where services are provided. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the project Proposals. The City must agree in writing upon any additional charges. 5. Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, 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 Scope of Professional Services Agreement for Parking Lot Services FY 2015 Page 1 of 11 Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers' compensation coverage for all members and employees of Contractor's business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Professional Services Agreement for Parking Lot Services FY 2015 Page 2 of 11 Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, benefits, and expenses as set forth in the Montana Prevailing Wage Rage for Non Construction Services, effective May 1, 2014 and applicable to Gallatin County, Montana which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records and provide certified copies to the City. Contractor shall maintain such payroll records during the term of this Agreement, the course of the work on the Construction Project, and for a period of three (3) years following the date of final completion of the Construction Project and termination of this Agreement. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to services shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents; or (iii) the negligent, reckless, or intentional misconduct of any other third party. For the professional services rendered, to the fullest extent permitted by law, Contractor Professional Services Agreement for Parking Lot Services FY 2015 Page 3 of 11 agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor's agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also 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 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and Professional Services Agreement for Parking Lot Services FY 2015 Page 4 of 11 expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers' Compensation— statutory; • Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor's Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the work ("Termination Notice Due to Contractor's Fault"). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. C. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. Professional Services Agreement for Parking Lot Services FY 2015 Page 5 of 11 d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the services provided, City may terminate this Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall discontinue services and shall do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress. C. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City's Convenience, and reasonably incurred costs. It is agreed that any materials that City is obligated to purchase for the Contractor will remain the City's sole property. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor's Damages, Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business Professional Services Agreement for Parking Lot Services FY 2015 Page 6 of 11 opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City's Representative: The City's Representative for the purpose of this Agreement shall be James Goehrung (Facilities Superintendant) or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to James Goehrung as the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Ryan Douma or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license. Professional Services Agreement for Parking Lot Services FY 2015 Page 7 of 11 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination: The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub- Contractors providing services under this agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. Professional Services Agreement for Parking Lot Services FY 2015 Page 8 of 11 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of 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 giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor's indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. Professional Services Agreement for Parking Lot Services FY 2015 Page 9 of 11 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severabilitv: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana and the parties expressly agree that venue will be in Gallatin County, Montana, and no other venue. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than June 30, 2018. *** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Professional Services Agreement for Parking Lot Services FY 2015 Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN,MONTANA �.�.� �N 4, CO CTOR("Type" �nie ova e) By C9XU�4 By,e�>,k Chris Kukulski, City Manager Print Name: Print Title: APPROVED AS TO FORM: /A By / Greg Ilivan, Bozeman City Attorney Professional Services Agreement for Parking Lot Services FY 2015 Page 11 of 11 Proposal No SNC. 1430 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/13/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Senior Center Senior Center Parking Lot 20 E. Olive St. Bozeman MT 59715 600-2902 Description Price Clean and Seal all Cracks with Overkote Rubberized Cracksealer - All cracks should be sealed $400.00 prior to application of asphalt emulsion. This does not include surface cracks and cracks that have formed on edges due to asphalt break off. Warranty does not include cracks. _ - — - Asphalt Striping Stripe parking lot as per existing layout or differently ifspecified. We use paint $785.00 specifically for harsh climates. Totals: $1,185.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech coatings, Inc.,disclaims any warranty,express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within five days of discovery of any defect in the work. Application or all warranty previsions is condition upon full Payment of the contract price as specified In this agreement. signed proposals are binding by both parties and constitute a contract. Signed,faxed proposals are binding as well as originals. High Tech coatings,Inc.reserves the right to terminate any warranty for hydro seeding if neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment Is due in full Immediately upon completion of the work. Overdue balances will acquire interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed in accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specifications Involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature Date Acceptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. ITE:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal-Signature - - Date LA Mir Proposal No 1837 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/13/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Fire Station #3 Fire Station #3 P.O. Box 1230 Bozeman MT 59715 600-2902 Description - Price Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $185.00 specifically for harsh climates. There are no cracks on this parking lot to seal. Totals: $185.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings, Inc., disclaims any warranty, express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within five days of discovery of any defect in the work. Application of all warranty provisions is condition upon full payment of the contract price as specified in this agreement. Signed proposals are binding by both parties and constitute a contract. Signed,faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydro seeding if neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full Immediately upon completion of the work. Over due balances will acquire interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing party will be entitled W recover the reasonable costs of such action,including attorney's fees and the Cost of filing and enforcing a construction lien. Work/Additional Work We propose to fumish material and labor completed in accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specincations involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature -.--- -- - - Date A-�eptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings, Inc is authorized to do the work as specified. E:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal-Signature - Date LA Proposal No T 1191 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/13/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name City Hall City Hall East Parking Lot 20 E. Olive St. Bozeman MT 59715 600-2902 Description Price Seal Cracks with Hot Rubberized Crack Sealing Material - All cracks should be sealed prior to $290.00 application of asphalt emulsion. This does not include surface cracks and cracks that have formed on edges due to asphalt break off. Warranty does not include cracks. Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $472.00 specifically for harsh climates. Totals: $762.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings, Inc.,disclaims any warranty,express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within five days of discovery of any defect in the work. Application or all warranty provisions Is condition upon full payment of the contract prize as specified in this agreement. Signed proposals are binding by both parties and constitute a contract. Signed,faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydro seeding if neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full immediately upon completion of the work. Over due balances will acquire Interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost trilling and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed in accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature - Date . . - acceptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. fE:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal-Signature .- Date Proposal No 1190 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/13/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name City Hall City Hall West Parking Lot 20 E. Olive St. Bozeman MT 59715 600-2902 Description Price Seal Cracks with Hot Rubberized Crack Sealing Material - All cracks should be sealed prior to $120.00 application of asphalt emulsion. This does not include surface cracks and cracks that have formed on edges due to asphalt break off. Warranty does not include cracks. Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $236.00 specifically for harsh climates. . Totals: $356.00 Warranties This work Is covered by a one year express warranty of merchantability. High Tech Coatings, Inc.,disclaims any warranty,express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within five days of discovery of any defect in the work. Application of all warranty provisions is condition upon full payment of the contract price as specified in this agreement. Signed proposals are binding by both parties and constitute a contract. Signed, faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydro seeding if neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full immediately upon completion of the work. Overdue balances will acquire Interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing parry will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed in accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specifications Involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature - - . _ - Date _- - -eptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. E:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal -Signature Date Proposal No VMir 2235 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/15/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Gallatin County Kirk Park P.O. Box 1230 Bozeman MT 59715 600-2902 Description Price Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $210.00 specifically for harsh climates. If you want the large crack filled, it will be an additional $75. Totals: $210.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings,Inc.,disclaims any warranty,express or Implied of fitness for a particular purpose. Warranty claims must be provided in writing within five days of discovery of any defect in the work. Application of all warranty provisions is condition upon Full payment of the contract price as specified in this agreement. Signed proposals are binding by both parties and constitute a contract. Signed, Faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydro seeding if neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment Is due In full immediately upon completion of the work. Over due balances will acquire interest at the rate of 1.2%per month(15%per annum). IF legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed in accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature Date A,:ceptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. TE:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal -Signature ., _ _ _ _ ,. _ _ Date Proposal No T 1186 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/15/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Stiff Building East Parking Lot 20 E. Olive St. Bozeman MT 59715 600-2902 Description Price Seal Cracks with Hot Rubberized Crack Sealing Material - All cracks should be sealed prior to $300.00 application of asphalt emulsion. This does not include surface cracks and cracks that have formed on edges due to asphalt break off. Warranty does not include cracks. Overkote Asphalt Based Slurry Seal - Contains 3 to 5 lbs. of 4P50 to #70 grit silica sand added per $1,290.00 gallon as well as a latex modifier to enhance durability and color retention. Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $200.00 specifically for harsh climates. Totals: $1,790.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings, Inc.,disclaims any warranty, express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within rive days of discovery of any defect in the work. Application of all warranty provisions is condition upon full payment of the contract price as specified M this agreement. signed proposals are binding by both parties and constitute a contract. Signed, faxed proposals are binding as well as originals. High Tech coatings,Inc.reserves the right to terminate any warranty for hydra seeding If neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full immediately upon completion of the work. Over due balances will acquire interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attomey's fees and the cost of filing and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed in accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature .. Date Acceptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. TE:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal-Signature I Date _ Proposal No L.1Mir 1429 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/13/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Fire Station #1 Fire Station #1 Parking Lot 20 E. Olive St. Bozeman MT 59715 600-2902 Description Price Clean and Seal all Cracks with Overkote Rubberized Cracksealer - All cracks should be sealed $150.00 prior to application of asphalt emulsion. This does not include surface cracks and cracks that have formed on edges due to asphalt break off. Warranty does not include cracks. Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $405.00 specifically for harsh climates. Totals: $555.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings, Inc.,disclaims any warranty, express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within rive days of discovery of any defect in Me work. Application of all warranty provisions is condition upon full payment of the contract price as specified in this agreement. Signed proposals are binding by both parties and constitute a contract. Signed,faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydro seeding If neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full immediately upon completion of the work. Over due balances will acquire interest at the rate of 1.2%per month(SS%per annum). If legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed In accordance with the above specifications. All work to be completed in a profess*nal manner according to standard procedures. Any alteration from the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature Date Acceptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. E:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal-Signature - _ Date LJ Mir Proposal No 2236 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/15/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Gallatin County Peets Park P.O. Box 1230 Bozeman MT 59715 600-2902 Description Price Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $200.00 specifically for harsh climates. Totals: $200.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings, Inc.,disclaims any warranty, express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within rive days of discovery of any defect In the work. Application of all womanly provisions is condition upon full payment of the contract price as specified in this agreement. Signed proposals are binding by both parties and constitute a contract. Signed,faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydra seeding if neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full Immediately upon completion of the work. Over due balances will acquire interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing parry will be entitled W recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed In accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration From the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature _ Date Acceptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings, Inc is authorized to do the work as specified. "E:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal-Signature _ .. Date Proposal No V 1833 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/13/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Stiff Building West Parking Lot P.O. Box 1230 Bozeman MT 59715 600-2902 Description Price Clean and Seal all Cracks with Overkote Rubberized Cracksealer - All cracks should be sealed $150.00 prior to application of asphalt emulsion. This does not include surface cracks and cracks that have formed on edges due to asphalt break off. Warranty does not include cracks. Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $150.00 specifically for harsh climates. Totals: $300.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings, Inc., disclaims any warranty,express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within five days of discovery of any defect in the work. Application of all warranty provisions is condition upon full payment of the contract price as specified in this agreement. Signed proposals are binding by both parties and constitute a contract. Signed, faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydro seeding if neglect such as lack of water or lack of fertilization Is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full Immediately upon completion of the work. Over due balances will acquire interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a constmction lien. Work/Additional Work We propose to furnish material and labor completed in accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specifications Involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature - - Date , reptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. .TE:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal-Signature Date LA Mir n, C. Proposal No 1188 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/13/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Fire Station #2 Fire Station #2 Parking Lot 20 E. Olive St. Bozeman MT 59715 600-2902 _._.. _. . ... - --- ------ -- Description Description Price Seal Cracks with Hot Rubberized crack Sealing Material - All cracks should be sealed prior to $50.00 application of asphalt emulsion. This does not include surface cracks and cracks that have formed on edges due to asphalt break off. Warranty does not include cracks. Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $150.00 specifically for harsh climates. Totals: $200.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings, Inc., disclaims any warranty, express or implied of fitness for a particular purpose. Warranty claims must be provided In writing within Five days of discovery of any defect in the work. Application of all warranty provisions is condition upon full payment of the contract price as specified in this agreement. Signed proposals are binding by both parties and constitute a contract. Signed, faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydro seeding if neglect such as lack of water or lack of fertilization Is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full immediately upon completion of the work. Over due balances will acquire interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed In accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature -- .. Date --reptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. ,TE:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal -Signature Date Lz Mir Proposal No 1432 HIGH TECH COATINGS Date P.O. Box 203, Belgrade MT, 59714 5/15/2014 Office: 388-7999 Cell: 581-6523 Proposal For: Sid Bush Project Name Pubic Library Pubic Library 20 E. Olive St. Bozeman MT 59715 600-2902 Description Price Clean and Seal all Cracks with Overkote Rubberized Cracks ealer - All cracks should be sealed $150.00 prior to application of asphalt emulsion. This does not include surface cracks and cracks that have formed on edges due to asphalt break off. Warranty does not include cracks. Asphalt Striping - Stripe parking lot as per existing layout or differently if specified. We use paint $630.00 specifically for harsh climates. Totals: $780.00 Warranties This work is covered by a one year express warranty of merchantability. High Tech Coatings, Inc.,disclaims any warranty, express or implied of fitness for a particular purpose. Warranty claims must be provided in writing within five days of discovery of any defect in the work. Application of all warranty provisions is condition upon full payment of the contract price as specified in this agreement, signed proposals are binding by both parties and constitute a contract. Signed, faxed proposals are binding as well as originals. High Tech Coatings,Inc.reserves the right to terminate any warranty for hydra seeding if neglect such as lack of water or lack of fertilization is present at the time of the warranty claim. Payments/Interest/Attorney's Fees Payment is due in full immediately upon completion of the work. Over due balances will acquire interest at the rate of 1.2%per month(15%per annum). If legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a construction lien. Work/Additional Work We propose to furnish material and labor completed in accordance with the above specifications. All work to be completed in a professional manner according to standard procedures. Any alteration from the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Authorized Signature - Date Arceptance of proposal;The above prices,specifications and conditions are accepted.High Tech Coatings,Inc is authorized to do the work as specified. TE:THIS POPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. Acceptance of Proposal-Signature _ Date