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HomeMy WebLinkAbout04- Century Companies Inc.; S. Willson Curb Replacement - Contract Agreement , ~ CONTRACT. MilO CONTRACT AGREEMENT THIS CONTRACT AGREEMENT is dated as of the 1st day of October in the year 2004 by and between CITY OF BOZEMAN hereinafter called OWNER and Century Companies. 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 or indicated in the Contract. The project Work is generally described as follows: 1.1 "~So Willson Curb Replacement": Replacement of curb and gutter as shown on the attached plan sheet 1 of 1. 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 Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of eiqhteen thousand one hundred thirty and 00/100 Dollars ($18~130.00 ). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the Montana Public Works Standard Specification, Fifth Edition General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Payment. Upon satisfactory final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the full contract price. 1 . ~ 4.1.1 Measurement and Payment. Payment for the work satifactorily 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. 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. 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. 2 , . . 6.3 Montana Public Works Standard specifications (MPWSS) , Fifth 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, Fifth Edition, General Conditions). Article 7. GENERAL REOUIREMENTS. 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 corttacting the OWNERS thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely upon information shown on the drawings 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- t ure s , 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 3 , < 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. The CONTRACTOR shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters and driveways 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. 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, Fifth 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 County or Montana Department of 4 , . Transportation 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 OWNER'S 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 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 5 . - 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 (1%) 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 reliev~ 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. 10.1.5 PREVAILING WAGE RATES On all projects and contracts with the Owner, 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 6 --- . .' 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. 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 45 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, Fifth Edition, and included herein: 7 SC -: 5.04 ~ONTRACy'OR'S LIABILITY INSURANCE , Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions .shall provi~e 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 ....; ,,: ".- Products anduCompieted- Qperai"loni'- .~ .& ~.'_ ~.. ~.... _'__':'_...i:~":',.._., 5 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 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 Property Damage: Each Accident $1,000,000.00 . (or) b. Combined Single Limit 5: loon noo on -: ..........................- _~__.~_'n.' ...._ ~,-- ,.~. -_._~--, -"'~~. -..,.. -. -.. --~_.. .'. "... ~.I'..._,_. . ./ ,\ t~ -..; .~ -{ ." " " .--~-~... - -.. ,. . -~. ~--- . .. . ~...'.,,, .... .~.-..._~-_. ~ ~'.... ", '. . .,' . '~.'~~"'r"'~' ,_".:.._..,.~_;.... .", ':~'.__'_.'.' .........._ .. ......'........_...,...__ .. , Coverage to Include " 'I. All Owned 2. Hired ' . .. J. Non-Owned' 4. Contractor's Liability Insurance under 5.04.A.3.through 5.04.A6may be satisfied 'by primary insurance or a. combination:, of primary and 'exce~s or umbrella . insurance. Primary occurrence limit cannot be less than$l,OOO,OOO.OO. 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,. arid 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 followi}1g . amounts: . Each Occurrence . ," . $ 1.000.000.00" Aggregate' $ 3.000.000.00 '. - ..,_n.... _" ~.. _. ....... n.".." ... ... ~ I SC~ 5.04.B.5 CANCELATION NOTICE. I Amend paragraph 5.04.B.5 of the General Conditions by strikiilg out the words "30 I days'" arid replacing them with the words "45 days~'and as so amended paragr~ph 5.04.B.5 remains in effect. ",. . .... . 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, Fifth 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. 10 ... IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ~tz..'t" (...nW\,f>-N,IU I 'Nc.. (Contractor) By -.4 ~ - ~'" s:'1oU4+~t;fz.t.2- Title M,~uz.. Montana Contractor Registration Number ;53( ,~,..,-",w',^,""';.J"'.J""..J \.:_ -.. -~~~----"-'..I...... .....'*.. ~,,--:.r"'.."'~"':::-../,' ,: ...~..... ::-.... <~......~~......- ,I,~ "'. '"'",::~.., ~ ~ ~<.,_... _~...'....","""'.J~J,~ -'"'~... ~ :: ...~. ,,:" ~ 'ooJi' -~ -..-/ -::. =0: ~~:: =..,."~ -- :~= ::v: ~ ::":: ... . ~ - - "'" -- ~. .... ..... ~ . , "":-..... ,J!,. ""'" ~ ~.. "i~,""''; ........... ~ ...~...... ......<~;...~~"'.. \,$ " ' ........... ".j~:./.. , ~ {." '" ~ ........' .,.,.-'~.,,--......~-....~ -..........~ .rIt'......<t/".,..,...... City of Bozeman BY~'~ Title City Manaqer :~L~d~ Title Clerk of Commission 11 - - .' - EXHIBIT A - BID FORM S. Willson Curb Replacement NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Figures ) 101 Pavement S.F. $ Z. g) 1,616 $~ removal 102 Combined concrete L.F. $ Le.OO 286 $ ~ '40 . 110 curb & gutter 103 Sawcutting L.F. $ Z. , CJ() 296 $ 5''lz.. va 104 Pavement S.F. $ S:. /)'() 1430 $ 7~ I SO . UO replacement 105 Mobilization LS $ I "Vr1O. crO LS $ I. 2-00. 00 I f TOTAL BASE BID $ Ie /30. tJf) / ~I(",~ -r~USAND {,Wi..-11...l>E.6> ....~I~ t>o~ ANb ~pt, - (TOTAL BASE BID - WRITTEN WORDS) , ~ . . EXHIBIT B S. Willson Curb Replacement 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 the 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. No separate measurement and payment shall be made for traffic control. Item 1 01: Pavement removal. Measurement and payment for this item shall be by the square foot at the unit price bid, constituting full compensation for a equipment, tools and labor, including the performance of all work to provide incidentals necessary to remove and dispose of existing asphaltic concrete pavement. Item 1 02: Combined concrete curb and cutter. Measurement and payment for this item shall be as per MPWSS Section 02528 4.1, lineal foot method. Item 103 : Sawcuttina. This item shall be measured and paid for by the linear foot (LF) at the unit price bid for "Sawcutting", which price and payment shall constitute full compensation for furnishing all materials, tools, equipment, labor, and incidentals necessary to saw cut asphalt or pee pavement or structures. Item 1 04: Asphalt pavement replacement Measurement and payment for this item shall be as perMPWSS Section 025104.1, square foot method. Item 105: Mobilization. This item shall cover the preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all facilities necessary for the work on the project; for the costs of obtaining any required permits, bonds, and insurance; and for all other work and operations which must be performed, or costs incurred prior to beginning work on the various items on the project. Unit of measurement . . . . is lump sum. Measurement: When the percentage of the original contract amount for each unit shown below is earned, the percentage of the Contract Lump Sum price for Mobilization shown below will be paid. Percentaae of Oriainal Contract Percentaae of Lump Sum Price Amount in Place for Mobilization Earned 5 20 10 50 25 60 65 75 90 90 100 100 Payment for Mobilization will be made on the percentage of the contract unit price bid per lump sum as indicated in the Bid Form.