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HomeMy WebLinkAboutC2. PSA American Sealcoat and Another Peters Painting Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: James Goehrung, Facility Services Superintendent Chuck Winn, Assistant City Manager SUBJECT: Authorize the City Manager’s Signature for the Professional Services Agreement for American Sealcoat and Another Peters Painting, for parking lot repairs and upgrades, and lot striping of multiple city buildings. MEETING DATE: July 13, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager’s signature for the Professional Services Agreement for American Sealcoat and Another Peters Painting, for parking lot repairs and upgrades and lot striping for multiple city buildings for 2015. The Buildings and Lot Work Items are listed in the contract proposals included as Attachment A. SUGGESTED MOTION: Authorize the signature of the City Manager for the Professional Services Agreement with American Sealcoat and Another Peters Painting for parking lot repairs and upgrades, and lot striping of multiple city buildings for 2015. Total projected costs for the year for the five buildings are $2,625.00. BACKGROUND: Contracts now include specifications that contractors meet the State Prevailing Wage rate. This contract is for one year and upon approval, can be negotiated and extended for another year. Pg - 1 72 UNRESOLVED ISSUES: None for the work for this year. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The costs for the lot work is paid for from the Facilities Budget. Attachments: Professional Service Agreement Attachment A – Parking Lot Building Listing, Cost per Building, and Description of Level of Service. Report compiled on: June 30, 2015 73 PROFESSIONAL SERVICES AGREEMENT FACILITES PROJECT AGREEMENT FORM THIS AGREEMENT is dated as of the 13TH day of July in the year 2015, by and between CITY OF BOZEMAN, hereinafter called OWNER, and American Sealcoat, and Another Peters Painting, hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified in the bid proposal or indicated in the Contract Documents. The project work is generally described as follows: Parking Lot repairs and upgrades on multiple city lots. Work includes Crack Sealing the lots; straightening the Curb Stops, and Striping the Parking Space Lines and ADA Lot Designation Symbols. The projects for which the Work under the Contract Documents includes the lots at: Bozeman Public Library; Bozeman Senior Social Center; Fire Station #1; Fire Station #2; Fire Station #3. Article 2. CONTRACT TIME. 2.1 The Work will be completed during the Summer season, weather permitting. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Bozeman Public Library ($800.00); Bozeman Senior Social Center ($1,100.00); Fire Station #1 ($600.00); Fire Station #2 ($25,00); Fire Station #3 ($125.00). 74 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, 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 Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, 75 investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.12 Appendix A and Appendix B. 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 76 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to 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. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 77 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title (JOINT VENTURE) By (SEAL &) (ATTEST) Title _____________________________ City of Bozeman (OWNER) By _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) _____________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) c:\wpdocs\forms\agreefrm.mrg 78