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HomeMy WebLinkAboutC5. PSA Core Controls 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 Core Controls, Inc., for replacement of an existing boiler at the Bozeman Senior Social Center. MEETING DATE: July 13, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager’s signature for the Professional Services Agreement for Core Controls, Inc., for replacement of an existing boiler at the Bozeman Senor Social Center. The 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 Core Controls, Inc., for replacement of an existing boiler at the Bozeman Senior Social Center. Total projected costs for the removal and disposal of the existing boiler and setup of the new more efficient boiler. Cost for the project is $20,825.00. BACKGROUND: The current boiler is old and has not been operating very effectively. This was included in the budget for this year and we were able to get the bids needed and now can install during the time that the boiler will be off. Work will be done once the new boiler is delivered. Pg - 1 110 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 – Project Details From the Bid Document. Report compiled on: June 30, 2015 111 PROFESSIONAL SERVICES AGREEMENT FACILITIES 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 Core Controls, Inc., 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: Provide the labor and materials necessary to replace an existing boiler at the Bozeman Senior Social Center. Work includes removal and disposal of the existing boiler and startup of the new boiler. Article 2. CONTRACT TIME. 2.1 The Work will be completed during the Summer season. 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) for labor and materials, ($20,825.00). 112 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 reviewed and approved for completed work. 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 upon review of system operation. 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, investigations, tests, reports and data with the terms and conditions of the Contract 113 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. 7.18 Any modification, including Change Orders, duly delivered after execution of 114 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. 115 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 116