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HomeMy WebLinkAbout15- R&R Taylor Construction Inc for Legal Office RemodelCONSTRUCTION AGREEMENT This Construction Agreement is made this 1St day of June, 2015 by and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, P.O. Box 1230, Bozeman, Montana 59771-1230 ("City"), and R & R Taylor Construction Inc., a Corporation, of 1775 Love Lane, Bozeman, Montana 59715, ("Contractor"). Recitals A. The City issued a Request for Bid for the construction project known as Legal Office Remodel at City Hall Project (the "Construction Project") pursuant to the requirements of all applicable statutes, rules, regulations, and ordinances. B. The City analyzed all responses to the Request For Bid received pursuant to its standard practices and the requirements of all applicable statutes, rules, regulations, and ordinances. C. The City awarded the bid to Contractor on June 1, 2015, pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: Agreement 1. Work to be Performed: a. A description of the Construction Project and Contractor's duties is set forth in the Request For Bid and Bid Form as awarded and accepted by City and the Project Manual for the Legal Office Remodel Project, which are attached hereto and incorporated herein by this reference, and the drawings, plans, and specifications provided by the City and its architects and engineers. The City's Award is attached here as Exhibit A. Where a provision of the Project Manual conflicts with this Agreement the terms and conditions of this shall Agreement control. b. Prior to the commencement of any work on the Construction Project, Contractor's representatives and City's representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the Legal Office Remodel parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. C. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, equipment, temporary buildings, the removal or grading of all embankments made for construction purposes, the filling in of all excavations, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 2. City -Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: a. Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project within eighty three (83) days of the starting date stated in the Notice to Proceed. 4 to 6 weeks for window delivery and 2 weeks for construction. After receiving the Notice to Proceed from the City and prior to commencing work Contractor shall develop a Construction Schedule for approval by the City which shall become part of this Agreement and be attached as Exhibit B. The schedule shall be developed within five (5) days of execution of this Agreement. Time is of the essence of completion of all work and each phase of the Construction Project. b. The Construction Schedule is subject to the City's approval. Contractor's construction plan, methods of operation, materials used, and individuals and subcontractors employed (collectively "Contractor's Resources") are subject to the City's approval at all times during the term of this Agreement, and must be such as to ensure the completion of the work in compliance with the deadlines set in the Construction Schedule during the term of this Agreement. In the event the City determines the Contractor's Resources are inadequate to meet the approved Construction Schedule, the City may order the Contractor to accelerate its performance to give reasonable assurances of timely completion and quality results. Acceleration under this section shall not be deemed a Change Order as defined in Section 5b below and the Contractor shall receive no equitable adjustment for such acceleration. Nothing in this section shall be interpreted to relieve the Contractor of its duties and responsibilities to plan for and complete the work in a timely manner according to the Construction Schedule. 2 Legal Office Remodel 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor's failure to complete the Construction Project on time. 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of Nine Thousand Two Hundred Fifty Dollars ($9,250.00), as paid in accordance with Exhibit C, Compensation Schedule, attached hereto. b. If work not included within the Project Manual documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work ("Change Order") pursuant to the Change of Work Specifications set forth in the Project Manual attached hereto. C. Monthly progress payments and final payment will be made only in accordance with the terms of a completed Compensation Schedule to be approved by the City's Representative. All invoices must be submitted to the City's Representative. d. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all "punch list" items ("Retainage Amount"). The Retainage Amount shall be paid to Contractor thirty (30) days after the City's final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and 3 Legal Office Remodel shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City's inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City's inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor's compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor's performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. Contractor shall still be required to conduct any final testing of the portions in the possession of the City. City's use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor's compensation. Contractor's warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor's performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor's work on the Construction Project with the related work. 9. Contractor's Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. 4 Legal Office Remodel b. All workmanship and materials shall be of a kind and nature acceptable to the City and all work shall conform to the Project Manual. C. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor's subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City's written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City's acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. L Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. Legal Office Remodel i. All work must be performed at Contractor's risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor's performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. 1. Title to all work, materials, and equipment covered by any payment of Contractor's compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. M. Contractor represents that the Contractor has reviewed and understands the Project Manual and all associated documents, has visited the site of the Construction Project and is familiar with local conditions under which the Construction Project is to be performed, has correlated personal observations with the requirements of the Project Manual, and has notified the City's Representative of and obtained clarification of any discrepancies which have become apparent during the bidding period. n. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment 10. Delays and Extensions of Time: If Contractor's performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is 6 Legal Office Remodel caused by the intentional interference of the City with the Contractor's performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project ("Notice of Suspension"). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor's receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. C. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor's organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor's and subcontractor's crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post -suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work ("Notice to Resume Work"), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City's review and approval. Contractor's failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor's non-compliance with or breach of the terms or requirements of this Agreement. Legal Office Remodel 12. 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 Construction Project ("Termination Notice Due to Contractor's Fault"). The City may then take over the Construction Project and complete it, either with its own resources or by re -letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor's compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination ("City's Cost for Completion"), such excess shall be paid to the Contractor. If the City's Cost for Completion exceeds the unpaid balance of the Contractor's compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. C. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, 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. 13. 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 Construction Project, 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 immediately cease work on the Construction Project, discontinue placing orders for materials, supplies, and equipment 8 Legal Office Remodel for the Construction Project, and make every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress, or in transit to the construction site. 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 for demobilization of Contractor's and any subcontractor's crews. It is agreed that any materials that City is obligated to purchase from 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. 14. 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 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. 15. Representatives: a. City's Representative: The City's Representative for the purpose of this Agreement shall be. For the City, the primary contact shall be James Goehrung (Superintendant of Facilities) 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 Comma -Q Architecture 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 9 Legal Office Remodel 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 Chase Dyksterhouse (Project Manager) 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. 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., MCA. Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. Permits: Contractor shall provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City ("City Documents and Information"). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works - for -hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 10 Legal Office Remodel 19. 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 including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Occupational Safety and Health Act (Title 50, Chapter 71, MCA), the Montana Safety Culture Act (Title 37, Chpt. 71, Part 15, MCA), all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act and its amendments, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 20. Non-discrimination: The Contractor shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. The Contractor shall 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. 21. Intoxicants, DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. 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. City may order removal from the Construction Project of any employee or agent of Contractor or any of its subcontractors for use of controlled substances and alcohol on the site of the Construction Project. 22. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor's performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project 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 resume work on the Construction Project 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 work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. 11 Legal Office Remodel b. 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. 23. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. C. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor's receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor's invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days' written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data 12 Legal Office Remodel for chemicals that the Contractor's, subcontractor's or the City's employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City's Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City's final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project in accordance with generally accepted accounting principles. Upon reasonable notice, City and its agents including its auditors shall have the right to inspect and copy all such accounts and records, including but not limited to, Contractor's records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. In addition, the Consultant shall not issue any statements, releases or information for public dissemination regarding the Construction Project without prior approval of the City. 27. Indemnification; Insurance; Bonds: a. To the fullest extent permitted by law, Contractor shall release, and shall protect, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) and the City's Representative and its consultants, agents and employees (collectively referred to for purposes of this Section as the City's Representative) 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 or the City's Representative, 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 subcontractors or suppliers; or (iii) the negligent, reckless, or intentional misconduct of any other third party. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. 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). 13 Legal Office Remodel 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. These obligations shall survive termination of this Agreement and completion of the Construction Project. b. In addition to and independent from the above, during the life of this Agreement and for a minimum of one (1) year following the date of expiration of Contractor's warranties as provided Section 9 of this Agreement, Contractor shall at Contractor's expense maintain those insurances as may be required by City as set forth below in subsection (c) of this Section 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 subsection (a) of this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. Within ten (10) days following execution of this Agreement, Contractor shall provide City with proof of such insurance in the form of a certificate of insurance indicating that such insurance is in full force and effect and shall provide such proof when requested by City thereafter during the term of the Project. Contractor shall notify City sixty (60) days prior to the expiration of any such required insurance coverage and shall ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during the time such insurance must remain in place. 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 insurance and required endorsements must be in a form suitable to City. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. C. Contractor shall obtain the following type of insurance in the amount indicated: 14 Legal Office Remodel • Workers' Compensation — not less than statutory limits; • 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; • Products and Completed Operations — $1,000,000; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non -owned vehicles); • Builder's Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP 10 30) naming at a minimum the City in an amount equal to greater of Contractor's compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance; • Owner's and Contractor's Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City's Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City's and City's Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor's and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; • Contractual Liability Insurance (covering the Contractor's indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate; and For liabilities assumed hereunder, the City of Bozeman, its officers, agents, and employees, and the City's Representatives and its consultants, 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. C. Pursuant to the City's authority provided for in 18-2-201(4), the Contractor shall not be required to provide ponds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings including for unemployment compensation. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand 15 Legal Office Remodel Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 29. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor's indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. 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. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City's right to enforce such covenants, terms, or conditions or to pursue City's rights in the event of any subsequent default or breach. 33. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 34. 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. 35. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 37. 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 except as provided herein related to the City's Representative. 16 Legal Office Remodel 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement (including its duty to defend, indemnify and hold harmless) and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor's subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Agreement Documents: All work on the Construction Project shall be performed by Contractor in accordance with all of the terms and conditions of this Agreement and the Project Manual which are incorporated herein by this reference: Exhibit A: Notice of Award of Bid Exhibit B: Construction Schedule Exhibit B: Compensation Schedule Exhibit C: Change of Work Specifications Exhibit D: Required Insurance Coverage In the event of conflict among the various provisions of the above documents, the terms shall be interpreted in the following order of priority: 1. Modifications to this Agreement 2. This Agreement 3. Project Manual Drawings shall control over Specifications, and details in drawings shall control over large-scale drawings. 17 Legal Office Remodel 43. 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. ****End of Agreement Except for Signatures**** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. k CITY OF BOZEMAN, MONTANA R $ R Taylor Construction, CONTRACTOR ( [. By: i . Chris A. Kukulski, City Manager APPROVED AS TO FORM (§18-2-406, MCA): By: re S llivan, City Attorney 18 Legal Office Remodel RRTAY-1 OP ID: JM '4� R� CERTIFICATE OF LIABILITY INSURANCE DATE(M05/26/206/20 5 15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER First West, Inc. PO Box 1800 CONTACT JNAME:ana McMillan PHONE 406-922-6024--J—FAX'IC A/c No Ext :AlcNo): 406-587-9162 Bozeman, MT 59715 Boz Stadium 59 ADDRESS: jana@fstwest.COm INSURER(S) AFFORDING COVERAGE NAIC # Bryan D. Hall, CIC INSURER A: Cincinnati Insurance Company 10677 INSURED R 8r R Taylor Construction Inc 1775 Love Ln INSURER B: A Bozeman, MT 59718 INSURER C: INSURER D: EPP0202937 INSURER E: 07/15/2016 INSURER F: MED EXP (Any one person) $ 10,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF MM/DD/YYY POLICY EXP MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR X EPP0202937 07/15/2013 07/15/2016 DAMAGE TO RENTED 500,00 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 A X Employers Liab EPP0202937 07/15/2013 07/15/2016 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 PRO -LOC POLICY X JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000 00 Ea accident e X BODILY INJURY (Per person) $ A ANY AUTO X EBA0202937 07/15/2014 07/15/2015 ALL OWNED SCHEDULED AUTOSAUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ PER ACCIDENT) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 A EXCESS LIAR CLAIMS -MADE EPP0202937 07/15/2013 07/15/2016 AGGREGATE $ 4,000,00 DED X RETENTION $ 0 $ WORKERS COMPENSATIONWC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? N / A TORY LIMITS ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Installation Float EPP0202937 07/15/2013 07/15/2016 500 Ded 400,00 A Leased/Rented EPP0202937 07/15/2013 07/15/2016 1500 Ded 250,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Employers Liability Limits are $1,000,000/$1,000,000/$1,000,000 RE: Bozeman City Hall Project See page 2 CERTIFICATE HOLDER CANCELLATION CITYB15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bozeman, Montana ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 AUTHORIZED REPRESENTATIVE Bozeman, MT 59771-1230 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD MONTCON-09 GMEANS ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Billings Office Pa neWest Insurance, Inc. P.O. Box 30638 Billings, MT 59107-0638 CONTACT NAME: PHONE 406 238-1900 FAX (406) 245-9887 A/C No Ext : ( ) AIC No A MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC tF INSURER A: Safety National Casualty Corp INSURED INSURER B: INSURER C: R&R Taylor Construction, Inc. A Member of the MCCF PO Box 1234 INSURER D: INSURER E: Bozeman, MT 59771-1234 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDY EFF POLICY MMIDD EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE 1A OCCUR DAMAGE TO RETED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL $ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO - POLICY 11 JECTPRO ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS(Par... $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I $ 1 WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ A Workers Compensation SP4050338 01/01/2015 01/01/2016 Coverage A Statutory DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Subject to the terms and conditions of the policy as issued by the Insurance Company. SIR for Work Comp $1,000,000 per occurrence. Covers Montana State Resident Employees. All claims are administered by the Montana Contractor Compensation Fund (MCCF). JOB: Legal Office Remodel at City Hall Add New Exterior Window at Bozeman City Hall CERTIFICATE City of Bozeman P.O. Box 1230 Bozeman, MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 05/15/2015 FRI 14:08 iR—ADV C2225 Q001 ***************** *** TX REPORT *** ***************** JOB NO. 0203 ST. TIME 05/15 14:06 SHEETS 3 FILE NAME TX INCOMPLETE ----- TRANSACTION OK ----- ERROR jgoehrung@bozeman.net Proposal May 5, 2015 City Of Bozeman P,O. Box 1230 Bozeman, MT 59771 Attn: James Goehrung Proposal R&R TAYLOR CONSTRUCTION INC. RE: New Window at North Elevation of Bozeman City Hall Building James, Here is the quote to add a new window at the north elevation of Bozeman City Hall. This quote is based on the drawings provided by Comma -Q, and the site visit held April 24. Please contact us if you have any questions or concerns. Base Bid: $9,250.00 Exclusions: Electrical work, Bond All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delay beyond our control. The Owner Is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Authorized Signature Date: This Proposal may be withdrawn by us if not accepted within 10 Days. TO: James Goehrung Facilities Superintendent City of Bozeman ATTN: James o-� a YYjjjjjj OR CONSTRUCTION INC. LETTER OF TRANSMITTAL DATE: May 26, 2015 JOB NAME: City Hall Window Install We Are Sending You The Following Items: ❑ Attached ❑ Under Separate Cover Via ❑ Shop Drawings ❑ Copy of Letter ❑ Prints ❑ Change Order ❑ Plans ❑ Samples ❑ Specifications Q Submittal Copies Date No. Description 1 5/26/2015 Window submittal These Are Transmitted As Checked Below: IZI For Approval ❑ Approved As Submitted ❑ Resubmit Copies ❑ For Your Use ❑ For Bid Due ❑ Submit Copies For Distribution ❑ As Requested ❑ Returned For Correction ❑ Return Corrected Prints ❑ For Review and Comment ❑ Prints Returned After Loan To Us REMARKS If you have questions, please call Chase at 587-4451. Thank you! 1775 Love Lane ® Bozeman, MT 59718 • Tel: (406) 587-4451 r Fax: (406) 586-7508 Good morning Chase, please see below for the make up of the window along with the information on the glass. QTY 1 Series 2600 (2112" Thermal) Styr: LH.RH Size: 72" X A8" all " Color: Dark bronze Anodized operator -Roto Operator Hinge Type=6 Knuckle Hinge Screens: Char, Fiborglass Head-- Equal Leg Frame $III- Equal Ley Frame L Jamb= Equal Leg Frame R Jamb= Equal Leg Frame Clear Annealed Solarban 60 glazing 2500 SERIES SPECIFICATIONS SECTION 08520 ALUMINUM WINDOWS PART 1 GENERAL 1.01 DESCRIPTION A. Furnish and install aluminum windows complete with hardware and related components as shown on drawings and specified in this section. B. All windows shall be DeSCo Arch., Inc. 2500 Series. Other manufacturers requesting approval to bid their product as an equal must 15 days prior to bid date, submit information, in accordance with Section 1.05 of these specifications, establishing their product as an equal to the specified product, in respect to the performance, testing and other criteria as outlined in these specifications and associated plans. C. Glazing: Refer to Glazing Section 08800 for glazing of window units. 1.02 RELATED WORK 1.03 ITEMS FURNISHED BUT NOT INSTALLED 1.04 ITEMS INSTALLED BUT NOT FURNISHED 1.05 TESTING AND PERFORMANCE REQUIREMENTS A. Test Units 1. Air, water and structural test unit shall conform to size and configuration requirements specified by AAMA/NWWDA 101A.S. 2-97. B. Test Procedures and Performance 1. Standards: Windows shall conform to AAMA/NWWDA 101/I.S. 2-97 requirements for Class AP-AW65 or C-AW65. 2. Air Infiltration Test: Test unit in accordance with ASTM E 283-91 with an air pressure difference of 6.24 psf. Air infiltration shall not exceed .10 cfm per foot of perimeter crack length. 3. Water Resistance Test: Test unit in accordance with ASTM E 331-96 at static pressure difference of 12.00 psf with no water leakage. 4. Uniform Load Deflection Test: Test unit in accordance with ASTM E 330-97 at 65 psf. 5. Condensation Resistance Test (CRF): Test unit for thermal performance in accordance with AAMA 1503- 98 with condensation resistance factor of at least 54. 6. Thermal Transmittance Test (Conductive U -Value): Test unit in accordance with AAMA 1503-98 with U - value of 65 or less. 7. Forced Entry Resistance Test: Unit tested in accordance with ASTM F588-97 for Type B Grade 40. 1.06 QUALITY ASSURANCE A. Testing shall be done by an AAMA approved independent laboratory certifying performance as specified in Section 1.05. 1. To meet Auxiliary Test 5.3.6.8 Life Cycle test for AW Design operable products only. 1.07 REFERENCES 1.08 SUBMITTALS A. DeSCo Arch., Inc. to supply product data, shop drawings, samples and test data pertaining to our 2500 Series windows. 1.09 DELIVERY, STORAGE AND HANDLING 1.10 WARRANTIES A. Product to be free from material defects in workmanship and materials for five (5) years from shipment when installed and maintained in accordance with our installation recommendations and instructions. PART2PRODUCTS 2.01 MATERIAL A. Aluminum extrusions are 6063 T-5 alloy with minimum ultimate tensile strength of 22,000 PSI. B. Hardware 1. Casements a. Standard: Die cast roto gear operators, locking handles with tie rod on units over 32" high, and extruded aluminum 5 knuckle hinges with stainless steel pin, and radial and thrust load supported by Delron bearing surface. b. Optional: Concealed 4 -bar stainless steel balanced arms or egress hinges, cam handles, custodial locks, friction adjustors, limited opening devices, limit stops or screens as specified. 2. Project -In a. Standard: Cam handles with concealed 4 -bar stainless steel balanced arms. b. Optional: Custodial locks, spring latches, pole ring cam handles, locking handles or screens as specified. 3. Project -Out a. Standard: Cam handles and 4 -bar stainless steel balanced arms. b. Optional: Custodial locks, locking handles, pivot shoe roto operators, pushbars or screens as specified. C. Weatherstrip 1. Closed cell Santoprene foam encapsulated by a seamless Santoprene elastomeric skin. D. Glazing: Refer to Glazing Section 08800 for glazing of window units. E. Thermal Barrier 1. Barrier material is a poured -in-place two part polyurethane. 2.02 FABRICATION A. General 1. Depth of frame and sash shall be 2 '/2". 2. Aluminum frame and sash extrusions shall have a nominal wall thickness of 0.094". B. Frame 1. Frame corners shall be mitered, crimped and epoxy welded. Mullions shall be mortise and tenon construction. 2. Corners shall be weather sealed with sealant. 3. Units are reglazable from the interior with re - useable snap in stops. C. Sash 1. Sash corners shall be mitered, crimped and epoxy welded. 2. Corners shall be weather sealed with sealant. 3. Dual weatherstrip with closed cell foam. 4. Units are reglazable from the interior with re - useable snap in stops. D. Screens 1. Flat Screens a. Shall be constructed of 6063 T-5 alloy extruded aluminum. b. Screen mesh shall be 18x16 fiberglass or aluminum. 2. Wicket Screens a. Frame shall be constructed of 6063 T-5 alloy extruded aluminum. b. Screen mesh shall be 18x 16 fiberglass or aluminum. E. Finish 1. All exposed surfaces shall be free of scratches and other serious blemishes and shall receive... (Specify one of the following): ... an Architectural Class II Clear anodic coating conforming with Aluminum Association Standard AA- M12C22A31 ... an Architectural Class I Clear anodic coating conforming with Aluminum Association Standard AA- M12C22A41 ... an Architectural Class I Color anodic coating conforming with Aluminum Association Standard AA- M12C22A44 (Specify color — Dark Bronze, Medium Bronze, or Black) Note: DeSCo's standard anodized finishes are AA- M12C22A31 Clear and AA-M12C22A44 Dark Bronze. Other finishes generally require longer lead times and are priced as special colors. ... a polyester baked enamel paint coating per AAMA 603.8 in our standard white or bronze. ... optional paint finishes include high performance Kynar and exotic finishes. Note: DeSCo's standard painted finishes are white polyester baked enamel and bronze polyester baked enamel. Other finishes generally require longer lead times and are priced as special colors. PART 3 EXECUTION 3.01 INSTALLATION A. Install units in accordance with approved shop drawings and specifications. B. Set units plumb and level without warp of frames or sash. Anchor securely in place. C. Adjust units for proper operation. D. Set members to provide a weather tight construction. 3.02 ADJUST AND CLEAN A. After completion of window installation, windows shall be inspected, put into working order and left clean, free of labels, dirt or other substances. END OF SPECIFICATION 8/01 SOLARBAN"60 12 SOLAR CONTROL LOW -E GLASS Glass •Coatings •Paint Solarban® 60 Solar Control Low -E Glass by PPG was engineered to control solar heat gain, which is essential to minimizing cooling costs. In a standard one -inch insulating glass unit, Solarban 60 glass offers an exterior appearance similar to clear, uncoated glass. With an excellent Solar Heat Gain Coefficient (SHGC) of 0.38, Solarban 60 glass blocks 67% of the total solar energy while allowing 70% of the visible light to pass through. This combination produces an exceptional Light to Solar Gain (LSG) ratio of 1.85, along with excellent insulation performance, as evidenced by its 0.29 winter nighttime U -Value. Aesthetics Options In addition to functioning as a clear glass, Solarban 60 glass can also be combined in insulating glass units with an outboard lite of PPG tinted or reflective -tinted glass to increase aesthetic and performance options (see performance data on back). Sustainable Design and Architectural Glass Sustainable design, green building, safeguarding the environment and the long-term management of energy costs are vital considerations for contemporary building designers. Like other high-performance architectural glasses from PPG, Solarban 60 glass gives architects and building owners a tool to reach their design objectives. In addition to making products that support sustainable design, PPG is also a pioneer in developing innovative technologies that reduce energy consumption during the glass -making process. PPG promotes environmentally responsible manufacturing by recovering and reusing virtually all of its glass manufacturing byproducts and by shipping its materials on reusable steel racks. PPG also promotes regional sourcing through its nationwide network of certified glass fabricators and laminators. With Solarban 60 glass, sustainable design and LEED credit opportunities are provided according to the following criteria: The David L. Lawrence Convention Center in Pittsburgh, the world's largest Gold LEED-certified building, features Solarban 60 glass as well as environmentally progressive PPG coatings and paint. Architect.- Rafael Vnoly Architects Glass Contractor. Ajay Glass Glass Fabricator: J.E. Berkowitz, LP and Pdc Glass and Metal Services, Inc. Solarban 60glassgives the Salt Lake City Public Libraryenerdysavings along with a brilliant transparent aesthetic. Architect: CVCBO Architecture L.L.C. and Moshe Safdie &Associates Glazing Contractor: Steel Encounters Glass Fabricator: Northwestern Industries, Inc. LEED I Green Design Category Benefit Enhance energy performance of building design Connectivity to natural lighting and the outdoors Selection of environmentally -focused product evaluation Feature Optimizing Energy Performance Excellent SHGC, U -value, and Tvis'performance Daylight & Views Tvis comments Innovation in Design MBDC Cradle -to -Cradle Certification SOLARBAN060 SOLAR CONTROL LOW -E GLASS Fabrication and Availability Solarban 60 glass can , be heat -strengthened, v,PPG Certified tempered and FABRICATOR® NeTw®RK laminated and is readily available as a standard product. Like other high-performance PPG architectural glasses, Solarban 60 glass is available through more than 60 locations of the PPG Certified Fabricator Network. PPG Certified Fabricators can meet tight construction deadlines and accelerate the delivery of replacement glass before, during and after construction. Additional Resources ecological Solarban 60 glass is just one of the b iidlr, ,"dud:.w" E'coLogical Building Solutions from PPG. For more information, or to obtain samples of Solarban 60 glass, call 1 -888 -PPG -IDEA, or visit www.ppgideascapes.com. All PPG architectural glass is Cradle to Cradle CertifiedF1 PPG /deaScapes Integrated products, people and services to inspire your design and color vision. Solarban® 60 Glass Performance - Commercial Insulating Glass Unit Comparisons Using 1/4" (6mm) Glass * Data based on using Starphlre glass for both interior and exterior liter. All performance data calculated using LBNL Window 5.2 software, except European LI -Value, which is calculated using WinDat version 3.0,1 software. For detailed information on the methodologies used to calculate the aesthetic and performance values in this table, please visit www.ppgideascapes.com or request our Architectural Glass Catalog. © 2010 PPG Industries, Inc. All rights reserved. AOantica, Azuria, Azurlfte, Caribie, Graylite, ldeaScapes, Oceans of Color, Optigray, Pacifica, Solarban, Solarblue, Solatbronze, Solarcool, Solargray, Solexia, Starphire, Sungate, Vstacool, PPG, the PPG logo and the PPG Certified Fabricator Network logo are trademarks and EcoLogical Building Solutions is a service mark of PPG Industries Ohio, Inc. Cradle to Cradle is a certification mark for MBDC. amm Printed in U.S.A.`' /1 i TM 7071 8/10 10M Transmittance ctance U -Value (Imperial) Light Glass Type Yp Ultra- TotalTotal Winter Summer European U -Value Shading Coefficient Solar Heat Gain Gain violet Visible o /, SolarSolar En�gyEn�rgy Night- Day Coefficient (LSG) ;1b time time SOLARBAN 60 (2) STARPHIRE* 25 74 38 43 0.29 0.27 1.55 0.46 0.40 1.85 SO BA 60 2 Clear+Cle r 9 0 33 29 0. 9 0 2 1 55 0.4 0.38 1.85SOLEXIA+ SOLARBAN 60 (3) Clear 10 61 25 11 0.29 0.27 1.55 0.42 0.36 1.70 ATLANTICA+ SOLARBAN 60 (3) Clear 5 53 20 7 0.29 0.27 1.55 0.35 0.30 1.78 CARIBIA+ SOLARBAN 60 (3) Clear 8 54 20 9 7 0.29 0.27 1.55 0.35 0.31 1.74 - AZURIA+ SOLARBAN 60 (3) Clear 13 54 21 9 7 0.29 0.27 1.55 0.36 0.31 1.75 -PACIFICA+SOLARBAN 60(3)Clear 5 34 15 6 7 0.29 0.27 1.55 0.29 0.25 1.36 SOLARBLUE+ SOLARBAN 60 (3) Clear 10 45 21 8 13 0.29 0.27 1.55 0.37 0.32 1.39 SOLARBRONZE® + SOLARBAN 60 (3) Clear 8 1 42 20 7 17 0.29 0.27 1.55 0.36 0.31 1.36 r SOLARGRAY + SOLARBAN 60 (3) Clear 8 35 17 7 13 0.29 0.27 1.55 0.32 0.28 1.26 OPTIGRAY 23 + SOLARBAN 60 (3) Clear 3 18 9 5 6 0.29 0.27 1.55 0.21 0.18 1.02 GRAYLITE+ SOLARBAN 60 (3) Clear 2 11 7 5 10 0.29 0.27 1.55 0,20 0.17 1 0.64 °. 1 � r r r VISTACOOL (2) AZURIA + Low -E 11 42 16 20 11 0.29 0.27 1.55 0.30 0.26 1.61 VISTACOOL (2) CARIBIA+ Low -E 7 42 16 20 11 0.29 0.27 1.55 0.29 0.25 1.66 VISTACOOL (2) PACIFICA+ Low -E 4 26 12 11 9 0.29 0.27 1.55 0.24 0.21 1.23 VISTACOOL (2) SOLARGRAY+ Low -E 7 27 14 11 15 0.29 0.27 1.55 0.28 0.24 1.13 / '':d 'EM r r EM SOLARCOOL (2) SOLEXIA+ low -E 3 24 10 24 15 0,29 0.27 1.55 0.22 0.19 1.26 SOLARCOOL (2) CARIBIA+ Low -E 2 21 8 19 10 0.29 0.27 1.55 0.19 0.16 1.30 SOLARCOOL (2) AZURIA + Low -E 4 21 8 19 10 0.29 0.27 1.55 0.19 0.16 1.31 SOLARCOOL (2) PACIFICA+ low -E 2 13 6 10 8 0.29 0.27 1.55 0.17 0.15 0.89 SOLARCOOL (2) SOLARBLUE+ Low -E 3 17 9 14 15 0.29 0.27 1.55 0.21 0.18 0.97 SOLARCOOL (2) SOLARBRONZE+Low-E M 3 1 17 9 14 18 0.29 0.27 1.55 0.21 0.18 0.92 SOLARCOOL (2) SOLARGRAY+ Low -E 1 2 1 14 7 11 14 0.29 0.27 1 1.55 0.19 0.16 0.86 SOLARCOOL (2) GRAYLITE+ low -E I <1 1 3 2 5 5 0.29 0.27 1 1.55 0.12 0.10 0.28 * Data based on using Starphlre glass for both interior and exterior liter. All performance data calculated using LBNL Window 5.2 software, except European LI -Value, which is calculated using WinDat version 3.0,1 software. For detailed information on the methodologies used to calculate the aesthetic and performance values in this table, please visit www.ppgideascapes.com or request our Architectural Glass Catalog. © 2010 PPG Industries, Inc. All rights reserved. AOantica, Azuria, Azurlfte, Caribie, Graylite, ldeaScapes, Oceans of Color, Optigray, Pacifica, Solarban, Solarblue, Solatbronze, Solarcool, Solargray, Solexia, Starphire, Sungate, Vstacool, PPG, the PPG logo and the PPG Certified Fabricator Network logo are trademarks and EcoLogical Building Solutions is a service mark of PPG Industries Ohio, Inc. Cradle to Cradle is a certification mark for MBDC. F` CFR Printed in U.S.A.`' /1 i TM 7071 8/10 10M cradlelIF1EC� ocresdle Glass • Coatings • Paint ��� IDTask _ Name Duration Start Finish Predecessors Resdurce Names Ma 31 '15 Jun 7 '15_ Jun 14 '15 Jun 21 '15 Jun 28 '15 Jul 5 '15 Jul 12 '15 Jul 19 '15 Jui 26 '15 Au 2 '15 Au 9 '15 Au 16 '15 Au 23 '15 Au SMT TFSSMT TFSSMT TFSSMTWTFSSMTy/VTFSSMTWTFSSMT _ _ TFSSMT TFSSMT TFSSMT TFSSMTWTFSSMT _ TFSSMT TFSSM 1 p�j NTP Submit Window Shop Drawing Submit Sill Shop Drawing Windwo Submittal Review Sill Submittal Review Procure Window Procure Sill Masonry Demo Wall Demo Prep Opening for Window Window Install Masonry build back Frame in opening Gypboard Tape Paint Base board install 1 day 1 day 1 day 7 days 7 days 42 days 21 days 3 days 2 days 1 day 1 day 4 days 2 days 1 day 1 day 1 day 3 days _ Tue 6/2/15 Wed 6/3/15 Wed 6/3/15 Thu 6/4/15 Thu 6/4/15 Mon 6/15/15 Mon 6/15/15 Wed 8/12/15 Thu 8/13/15 Mon 8/17/15 Tue 8/18/15 Wed 8/19/15 Wed 8/19/15 Fri 8/21/15' Mon 8/24/15 Mon 8/24/15 Wed 8/19/15 Tue 6/2/15 Wed 6/3/15 1 Wed 6/3/151 Fri 6/12/15 2 Fri 6/12/153 Tue 8/11/154 Mon 7/13/155 Fri 8/14/156,7 Fri 8/14/15 8FF Mon 8/17/159 Tue 8/18/1510 Mon 8/24/15 11 Thu 8/20/15'11 Fri 8/21/15'13 Mon 8/24/1514 Mon 8/24/15115SS Fri 8/21/15',11 612 - - r. n _ , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Project: Projectl Date: Tue 5/26/15 Task Slit p Progress Milestone ® Summary Project Summary - External Tasks LDeadline b - External Milestone ;- Page 1