HomeMy WebLinkAbout15- Montana Lines, Inc for Thermoplastic MarkingsCONTRACT.MR0
CONTRACT AGREEMENT
City of Bozeman 2015 Thermoplastic Markings
THIS CONTRACT AGREEMENT is dated as of the day of
in the year 2015 by ani between CITY OF BOZEMAN hereinafter
called OWNER and hereinafter
called CONTRACTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in
the Contract. The Project Work is generally described as
follows:
1.1 Installation of inlaid thermoplastic pavement markings at
various locations in the City of Bozeman circled on the attached
aerial photos (Exhibit C).
Article 2. CONTRACT TIME.
2.1 The Work will be completed within 30 calendar days after the
date the written notice to proceed is issued. Final payment will
be withheld until final completion and acceptance of the work as
stipulated in this Agreement.
Article 3, CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR for performance of the Base Bid
Work in accordance with the Contract Documents the sum (subject
/
toContract Documents) of
-adjustment as _ provided in _ the � l�`��-Dollars
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance
with the Montana Public Works Standard Specification, Sixth
Edition General Conditions. Applications for payment will be
processed as provided in the General Conditions,
4.1 Payment. Upon satisfactory final completion and acceptance
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coeiTRAcr amc
of the Work in accordance with the General Conditions, OWNER
shall pay the full contract price.
4,1.1 Measurement and Payment. Payment for the work
satisfactorily completed in accordance with this contract shall
be made pursuant to the applicable measurement and payment
sections in Exhibit B, based on the unit prices established in
Exhibit A (Bid Form), of this agreement.
No item that is required by Contract for the proper and
successful completion of the Work will be paid for outside of or
in addition to the prices submitted in the contract. All work
not specifically set forth as a pay item herein shall be
considered a subsidiary obligation of the CONTRACTOR and all
costs in connection therewith shall be included in the contract
price.
Article 5, CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR
makes the following representations:
5.1 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.
5.2 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.
5.3 CONTRACTOR has made or caused to be made examinations, and
investigations 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.
5.4 CONTRACTOR has correlated the results of all such observa-
tions, examinations, investigations, tests, reports and data with
the terms and conditions of the Contract Documents.
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Article 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement
between OWNER and CONTRACTOR as attached to or referenced in this
Agreement, are made a part hereof and consist of the following:
6.1 This Agreement.
6.2 Certificates of Insurance and Performance and Payment Bonds,
6.3 Montana Public Works Standard Specifications (MPWSS), Sixth
Edition, and as further amended by the City of Bozeman
Modifications to MPWSS (by reference).
6.4 Notice to Proceed.
There are no Contract Documents other than those listed above in
this Article 6.
The Contract Documents may only be altered, amended or repealed
by a modification (as defined in the Montana Public Works
Standard Specifications, Sixth Edition, General Conditions).
Article 7. GENERAL REQUIREMENTS.
7.1 Contractor Use of Premises. The CONTRACTOR shall confine
his operations at site of the proposed work to within the right-
of-way or construction easements provided.
It shall be understood that the responsibility for protection and
safekeeping of equipment and materials on or near the site will
be entirely that of the CONTRACTOR and that no claim shall be
made against the OWNER by reason of any act of an employee or
trespasser. It shall be further understood that should any
occasion arise necessitating access by the OWNER to the sites
occupied by these stored materials and equipment, the CONTRACTOR
owning or responsible for the stored materials or equipment shall
immediately remove same. No materials or equipment may be placed
upon any private property until the property OWNER has agreed in
writing to the location contemplated by the CONTRACTOR to be used
for storage.
7.2 Protection of Existing Structures. The CONTRACTOR shall be
solely responsible for locating all existing underground
installations, including service connections, in advance of
excavating or trenching, by contacting the OWNERS thereof and
prospecting. The CONTRACTOR shall use his own information and
shall not rely solely upon information shown on the drawings
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concerning existing underground installations. The CONTRACTOR
shall repair all damage to existing utilities or property at his
own expense. The CONTRACTOR shall, at a minimum, call the "One-
Call" utility locate system (Phone: 1-800-424-5555) at least 72
hours in advance of starting construction.
Where excavation will be required adjacent to existing struc-
tures, the CONTRACTOR shall be solely responsible to maintain the
structural integrity of the existing structures. The CONTRACTOR
shall take whatever means necessary to insure that the existing
structure is not damaged and if necessary shall install sheet
piling. The CONTRACTOR shall repair all damage to the existing
structures at his own expense. Any fences destroyed during
construction shall be repaired to the satisfaction of the
property owner. Any delay, additional work, or extra cost to the
CONTRACTOR caused by existing underground installations shall not
constitute a claim for extra work, additional payment or damages.
7.3 Protection of Existing Mailboxes, Curbs and Gutters and
Driveways, etc. The CONTRACTOR shall take whatever means
necessary to insure that the existing mailboxes, curbs and
gutters and driveways, and other public or private improvements
are not damaged during construction. If it is necessary to
remove or disturb mailboxes during construction, the CONTRACTOR
shall repair and restore the mailboxes at his own expense to the
satisfaction of the property owner. Any curb, gutter, or
driveways damaged during construction, not noted to be replaced
on the drawings, shall be replaced by the CONTRACTOR at his own
expense.
7.4 Surface Drainage. Water from such sources as surface
runoff, dewatering and flushing of water lines during project
construction shall not be allowed to enter into drainage ways or
open areas that will cause flooding of existing structures,
street intersections, or lawn areas.
7.5 Work Sequence. The CONTRACTOR shall schedule the work to
minimize inconvenience to the OWNER and to adjacent property
owners and to minimize interruptions to utility service. This
shall include minimizing obstruction to local traffic especially
on dead end streets. Work shall be scheduled so as to minimize
disruptions to local mail delivery. Close coordination will be
required between the CONTRACTOR, OWNER, and COUNTY. The utility
service companies such as power, gas, telephone, and video shall
be contacted at least 72 hours in advance of when locating of
services will be required.
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Article 8. Warranty and Guarantee.
8.1 CONTRACTOR warrants and guarantees to OWNER that all Work
will be in accordance with the Contract Documents and will not be
defective. Prompt notice of all defects shall be given to
CONTRACTOR. All defective Work, whether or not in place, may be
rejected, corrected or accepted as provided in the Montana Public
Works Standard Specification, Sixth Edition (MPWSS).
Article 9. Traffic Control.
9.1 The CONTRACTOR shall conduct his work so as to interfere as
little as possible with public travel, whether vehicular or
pedestrian. Whenever it is necessary to cross, obstruct, or
close roads and walks, the CONTRACTOR shall obtain approval of
such actions from the appropriate road agency and shall provide
and maintain suitable and safe lighted detours or other temporary
expedients for the accommodation of public and private travel in
accordance with the current edition of the Manual on Uniform
Control Devices for Streets and Highways (MUTCD). The CONTRACTOR
shall not occupy the work site or initiate construction until all
traffic control provisions are in place and the OWNER has been so
notified.
9.2 Safety Provisions. Safety provisions must be entirely
adequate and meet with City, County, State and Federal
regulations to protect the public on these streets and roads.
9.3 Barricades and Lights, Prior to the start of construction
across roads or walks, all construction permits shall be
obtained, utility companies notified, and traffic patterns,
signing, location of flagmen, barricades and other safety
measures arranged. Providing and maintaining safety barricades,
and other work site safety measures shall be the responsibility
of the CONTRACTOR and shall be included in the contract price.
The CONTRACTOR shall cooperate and coordinate his methods with
the OWNERS traffic control plans prior to the disruption of the
normal flow of any traffic.
All open trenches and other excavations shall be provided with
suitable barriers, signs, and lights to the extent that adequate
protection is provided to the public. Obstructions, such as
material piles and equipment, shall be provided with similar
warning signs and lights.
All barricades and obstructions shall be illuminated by means of
warning lights from sunset to sunrise. Materials stored upon or
alongside public streets and highways shall be provided with
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similar warning signs and lights.
All barricades, signs, lights and other protective devices shall
be installed and maintained in conformity with applicable
statutory requirements and, where within railroad and highway
right-of-way, as required by the authority having jurisdiction
thereover.
Work performed within property under the OWNER'S jurisdiction
shall have all barricades, signs, lights and protective devices
installed and maintained.
Article 10 STATE LAWS AND REGULATIONS.
10.1 All applicable laws, ordinances and the rules and regula-
tions of all authorities having jurisdiction over construction of
the project shall apply to the contract throughout.
10.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids
will be considered that do not carry the Bidder's Certificate of
Contractor's Registration number on the envelope containing the
Bid and on the Bid. Information pertaining to the Montana
Contractor Registration requirements may be obtained from the
Montana State Department of Revenue, Helena, Montana. (1-800-556-
6694)
10.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS
GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50,
MCA, the Owner shall withhold, in addition to other amounts
withheld as provided by law or specified herein, 1 percent (lo)
of all payments due the Contractor and shall transmit such moneys
to the Montana Department of Revenue.
10.1.3 The CONTRACTOR'S attention is called to the Industrial
Accident Insurance laws in force in Montana and to the
responsibility of the OWNER for the collection of premiums
thereunder. The CONTRACTOR'S compliance with said laws is
required and shall relieve the OWNER of any responsibility for
payment of premiums thereunder and shall furnish the OWNER with
satisfactory evidence showing that all premiums arising from this
contract have been paid before payment is made on the final
estimate.
10.1.4 LOCAL LABOR Contractor shall give preference to the
employment of Montana residents in accordance with applicable
portions of Title 18, Chapter 2, Part 4, MCA.
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10.1.5 PREVAILING WAGE RATES On all projects and contracts with
the Owner in excess of $25,000.00, Contractor and all
subcontractors shall pay for all labor employed the standard
prevailing rate of wages. The standard prevailing rate of wages
as used herein means that standard prevailing rate of wages in
the locality where the work is to be performed as determined by
the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as
bound herein. The Contractor and subcontractors are directed to
the Montana Commissioner of Labor for information on the standard
prevailing rate of wages applicable to this contract within this
area.
Article 11. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall
furnish a Performance Bond and a Payment Bond in favor of the
OWNER each in an amount equal to one -hundred Percent (100.) of
the Agreement amount.
Article 12. INSURANCE. Without limiting any of the other
obligations or liabilities of the CONTRACTOR, CONTRACTOR shall
secure and maintain such insurance from an insurance company (or
companies) authorized to write insurance in the State of Montana,
with minimum "A.M. Best Rating" of B+, VI, as will protect
himself, his subcontractors, the Owner and their respective
agents and employees from claims for bodily injury, death or
property damage which may arise from operations and completed
operations under this Agreement. Such coverage shall be written
for claims arising out of all premises/ operations, sub-
contracted operations, products/completed operations, and all
liability assumed by the CONTRACTOR under any contract or
agreement. CONTRACTOR shall not commence work under this
Agreement until such certified copies of the insurance policy
shall have been filed with the OWNER. The City of Bozeman shall
be named as additional insured on any insurance certificates.
All insurance coverages shall remain in effect throughout the
life of the Agreement.
Each insurance policy shall contain a clause providing that it
will not be cancelled by the insurance company without 30 days
written notice to the OWNER and Engineer of intention to cancel.
The minimum amounts of such insurance coverages being as per
Section SC -5.04, Supplementary Conditions to the General
Conditions, Montana Public Works Standard Specifications, Sixth
Edition, and included herein:
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SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph
5.04.B.-
C.
.04.B:C. The limits of liability for the insurance required by
Paragraph 5.04 of the General Conditions shall provide coverage
for not less than the following amounts or greater
where required by Law or Regulations:
1. Workers' Compensation, etc, under Paragraphs 5,04.1 and 5.04.2
of the General Conditions.
a. State Statutory
b. Applicable Federal (e.g. Longshoremans) Statutory
c. Employer's Liability $ 500,000.00
2. Contractor's Liability Insurance under Paragraphs 5.04.A.3
through 5.04. A.6 of the General Conditions which shall also
include completed operations and product liability coverage.
a. GENERAL AGGREGATE $ 3,000,000.00
b. Products -Completed
Operations Aggregate $ 3,000,000.00
c. Personal and Advertising
d. Each Occurrence
(Bodily Injury and
Property Damage) $ 1,000,000.00
e. Coverage will include:
1. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
5 Products and Completed Operations
6. Broad Form Property Damage will include explosion,
collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement
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3. Automobile Liability under Paragraph 5.04.A.6 of the General
Conditions:
a. Bodily Injury:
Each Person $ 500,000.00
Each Accident $ 1,000,000.00
(or)
Property Damage:
Each Accident $1,000,000.00
b. Combined Single Limit $ 1,000,000.00
Coverage to Include
1. All Owned
2. Hired
3. Non -Owned
4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6
may be satisfied by primary insurance or a combination of primary and
excess or umbrella insurance. Primary occurrence limit cannot be less
than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence
on property damage.
5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the
General Conditions as follows:
The Contractor's insurance coverage shall name the Owner, and Engineer
and Engineer's Consultants as an additional insured under Commercial
General Liability, Automobile Liability, Excess or Umbrella polices.
6. The Contractual Liability coverage required by Paragraph 5.04.B.4.
of the General Conditions shall provide coverage for not less than the
following amounts:
Each Occurrence $ 1,000,000.00
Aggregate $ 3,000,000.00
Article 13, MISCELLANEOUS.
13.1 Terms used in this Agreement which are defined in the
General Conditions shall have the meanings indicated in the
General Conditions of the Montana Public Works Standard
Specifications, Sixth Edition.
13.2 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 whose work has proven unsatisfactory the right
to be engaged in or employed upon any part of the Work.
13.3 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 given notice shall
be entitled to reasonable attorney's fees and costs, including
fees, salary, and costs of in-house counsel.
13.4 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 the Agreement.
13.5 The CONTRACTOR hereby agrees to indemnify, defend, and hold
the OWNER harmless from all claims and liability due to the
activities of CONTRACTOR, their agents, employees, or both, in
performing the work required.
The CONTRACTOR is and shall perform this agreement as an
independent contractor, and as such, is responsible to the OWNER
only as to the results to be obtained in the work herein
specified, and to the extent that the work shall be done in
accordance with the terms, plans and specifications. The
CONTRACTOR shall have and maintain complete control over all of
its employees, subcontractors, agents and operations, being
responsible for any required payroll deductions and providing
required benefits, such as, but not limited to, workman's
compensation and unemployment insurance.
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13.6 The Contractor agrees not to discriminate in the
fulfillment of this Agreement on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or
actual or perceived sexual orientation, gender identity or
disability. The Contractor agrees this requirement shall apply
to the hiring and treatment of the Contractor's employees and to
all subcontracts.
13.7 CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting
work within the City of Bozeman are required to have a current
Business License. Applications for Business Licenses may be
obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
(Contractor
By
e
Montana Contractor Registration Number 4; )s
SEAL AND ATTEST:
City of Bozeman
(Owner)
4
Title City Manaaer
of.��®�°®�
SEAL 1} ATTEST:
By . ' '= 0- i ,
L
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Title Cjty Clerk 4Y
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11
EXHIBIT A
BID SCHEDULE - City of Bozeman 2015 Thermoplastic Markings
NO.
ITEM
UNIT
UNIT PRICE
QUANTITY
TOTAL PRICE
101
8" white
LF
$t.
270
$�_
striping
102
24" white
LF
$ r
165
striping
103
Words &
SF
$�
637
$�I(.�V_
symbols
104
Traffic
LS
$
LS
$��,rCL/.
Control.
TOTAL
BASE HID
•{
$*Z 'G
BID TOTAL - WRITTEN WORDS)
12
EXHIBIT B
MEASUREMENT AND PAYMENT
The quantities listed in the Bid Form are estimates for the purpose
of bidding only. Payment to the Contractor will be made based on
the actual satisfactorily completed work quantities measured in the
field. Under the terms of this contract, the unit price as
contained in this Bid Form shall be applicable to quantity
overruns.
The following measurement and payment sections do not necessarily
name every incidental item required by the Contract Documents to
complete the work. Cost of all such incidental items shall be
included in the various related bid items.
Items 101, 102, and 103: Themo lactic striping material. These
items shall be measured and paid for as per MPWSS Section 02582,
4.1,
Item 104: Traffic Control.
This item shall be measured and paid for as per MPWSS Section 01570
Part 4, lump sum basis.
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EXHIBIT C
Work Locations
14
Google earth feet' 200
meters 80
Google ogle earth feet 1000
meters 300 4
1
141
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MEMORANDUM
To: Chris Kukulski, City Manager
Date: July 27, 2015
Re: Quote for thermoplastic pavement markings
Andrew Kerr
Engineering Assistant
582-2286
We requested a quote from Montana Lines, Inc., for the installation of thermoplastic
pavement markings on Baxter Lane from N. 7"' to N. 19t'. The markings would replace
worn painted markings with the more permanent thermoplastic material. We received a
quote of $44,292.55 for this work, which staff believes is a reasonable cost.
Montana Lines is an approved sole -source supplier for installation of thermoplastic
pavement markings.
I recommend that you sign the attached agreement (two copies) so that we may proceed
with this work. Adequate fielding has been designated for pavement markings in the
Street Maintenance and Fuel Tax fiends.
One copy of the agreement should be retained by the City Clerk and the other returned to
me.
Attachments