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HomeMy WebLinkAboutResolution No. R17-16 RESOLUTION NO. R17-16 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CIP CONSTRUCTION TECHNOLOGIES,INC. FOR MANHOLE REHABILITATION SERVICES WITHIN THE CITY OF LAUREL. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Contract between the City of Laurel and CIP Construction for the manhole rehabilitation project and work described in the attached Contract and the Proposal (Exhibit A) is accepted and approved. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the Contract on behalf of the City. Section 3: Effective date. The effective date for the attached Contract is hereby approved upon approval by the City Council. Introduced at a regular meeting of the City Council on May 16, 2017, by Council Member Mountsier PASSED and APPROVED by the City Council of the City of Laurel this 16th day of May, 2017. APPROVED by the Mayor this 16th day of May, 2017. CITY OF LAUREL 4/9/1,1all� Mark A. Mace, Mayor ATTEST: 411„," L /:,t any eeler, Clerk/Treas if i Lke ro to fo Sam S. Painter, Civil City Attorney R17-16 Approve CIP Construction Technologies,Inc.Contract INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 16`h day of May, 2017, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as "City' and CIP Construction Technologies, Inc., a contractor licensed to conduct business in the State of Montana, whose address is 134 ls`Avenue West, Kalispell, Montana 59901, hereinafter referred to as "Contractor". SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated April 25, 2017, attached hereto as Exhibit "A" and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit "A". SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor sixty-three thousand eight hundred ninety-three dollars ($63,893.00) for the work described in Exhibit A. Any alteration or deviation form the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY'S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR'S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City's personnel policies or handbook and shall not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub-contracts in any dealings between Contractor and any third parties. The City is Page 1 of 5 interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers' Compensation Act. Contractor shall maintain workers' compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of§39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. 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. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. 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. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. 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. I. All work is 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, work product or other articles Page 2 of 5 used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor's compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. Page 3 of 5 1 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party's attorney's fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party's authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SEcrIoN FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. Page 4 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 16TH DAY OF MAY, 2017. CITY OF LAUREL CONT' 771,11 421 1-le°.1( ,-----41095 Mark A. Mace, Mayor C • Cons ��lZ chnoInc. Fos ATTE' : Employer Identification Number / / 17 B- .�. er, Clerk/Treasurer / 93 1 q(i i 5 of 5 EXHIBIT A CIF Construction Technologies, Inc. 1341eAve W Kalispell,MT 59901 Phone(406)291-8017 Fax(406) 752-4630 Billing Phone:(406)257-3938 E-mail:supertec rexforddsLnet Website:www.cipmanhole.com PROPOSAL #LaurelPro17-4-25 April 25,2017 Faxed&Emailed City of Laurel Laurel,MT Phone 406-860-8139 Email:mwheeler®laurel.mt.gov Pages:2 Attn:Matt Wheeler and Guy Rollins PROJECT:City of Laurel Manhole Rehabilitation SCOPE: Line interior of eight sewer manholes with cured-in-place fiberglass liner by authorized licensed installer CIP Construction Technologies,Inc.,rebuild invert channels and benches,and level existing chimneys via the Mr.Manhole system. ITEM DESCRIPTION DIMENSIONS` PRICE la. Line mh in front of Safety Center 438 x 1025' 6483.00 lb. Repair hole in invert channel 95.00 lc. Mr.Manhole leveling system 1395.00 1d. Supply and install new frame and cover 315.00 2a. Line mh in intersection of 2"d St&4th Ave 4.58 x 9.5 6009.00 2b. Build new benches and invert channel 750.00 2c. Mr.Manhole leveling system 1395.00 2d. Supply and install new frame and cover 315.00 3a. Line mh in intersection of 4th St&4s'Ave 438 x 10.17 6427.00 3b. Build new benches and invert channel 750.00 3c. Mr.Manhole leveling system 1395.00 3d. Supply and install new frame and cover 315.00 4a. Line mh in intersection of 5th St&4'h Ave 438 x 10.0 6320.00 4b. Build new benches and invert channel 750.00 4c. Mr.Manhole leveling system 1395.00 4d. Supply and install new frame and cover 315.00 5a. Line mh 5th St next to church parking lot 4.0 x 7.67 4219.00 5b. Repair invert channel 350.00 5c. Mr.Manhole leveling system 1395.00 5d. Supply and install new frame and cover 315.00 ITEM DESCRIPTION DIMENSIONS` PRICE 6a. Line mh on Montana Ave w of middle school gym 4.0 x 10.08 5544.00 6b. Build new benches and invert channel 750.00 6c. Mr.Manhole leveling system 1395.00 6d. Supply and install new frame and cover 315.00 7a. Line mh at 515 Idaho 4.58 x 10.42 •6585.00 7b. Build new benches on one side 350.00 7c. Mr.Manhole leveling system 1395.00 7d. Supply and install new frame and cover 315.00 8a. Line mh at 614 Idaho 4.0 x 7.42 4081.00 8b. Build new benches and invert channel 750.00 8c. Mr.Manhole leveling system 1395.00 8d. Supply and install new frame and cover 315.00 9. Mobilization* NC TOTAL $63,893.00 *The normal mobilization fee of$2000 is being waived as well as an overall price reduction of approximately 10%being figured in because this project is to be started and finished before July 1,2017 and performed in conjunction with other CIP projects with the City of Billings and the Town of Joliet. The anticipated project length is two weeks. Please get me approval as soon as possible so the liners can be ordered,shipped and delivered prior to June 1. Manufacturer's Warranty:To stop infiltration and further deterioration-Five Years Labor,Twenty Years Materials. It is agreed that the City of Laurel in all instances and at its expense,including but not limited to installation,repair,or warranty service,will provide CIP with the following.adequate access to structure(s),a source of water supply,assistance with traffic control and/or personnel in high traffic areas if necessary,assistance as needed to coordinate and control sewage flow,a location for garbage disposal(e.g., access to dumpster);hydrovac assistance for excavating the manholes that are to receive the Mr.Manhole leveling process if the chimneys are deeper than 12". CIP will provide the normal preparatory work and equipment necessary to install the liner system which includes pressure cleaning @ 3500 p.s.i.,and step removal. We expect that our process will eliminate further deterioration and greatly increase the life of the structure(s). Independent lab tests predict a 50- 100 year life span for our liner in a sanitary sewer environment. Thank you for the opportunity to assist you and the City in solving these infrastructure problems. We look forward to working with you on this project and others in the future. Best regards, JCm Swauv Jim Swain President SUPEINF-01 JNELSON ACORO DATE(MMIDDN YYY) �.� CERTIFICATE OF LIABILITY INSURANCE 05/16/2017 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 have ADDITIONAL INSURED provisions or 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 co1TACT Jackie Nelson NAME: Helena Office PHONEFAX PayneWest Insurance,Inc. (A/C,No,Ext): (MC,No): P.O.Box 6127 EMAIL nelson Helena,MT 59604 ADDRESS:I @paynewest.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Western National Assurance Company 24465 INSURED INSURER B:Montana State Fund 811212 CIP Construction Technologies,Inc. INSURER C: 1341st Ave W INSURER D: Kalispell,MT 59901 INSURER E: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMBS A X COMMERCIAL GENERAL UABILfY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE )( OCCUR CPP1131628 02/19/2017 02/19/2018 DAEMISEs ERENTED $ 100,000 MED EXP An one.erson $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X NI LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER A AUTOMOBILE LIABILITY COMBINED SINGLE UNIT 1,000,000 ANY AUTO CPP1151218 02/19/2017 02/19/2018 BODILY INJURY Per arson OWNEDX AUTOS SCHEDULED AUTOS ONLY BODILY INJURY Per accident $ X AUTOS ONLY X AUTOS ONLYY Per accid nt AMAGE UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ B WORKERS ID EMPLOYERS LIABILITY Y/N X STATUTE ERH- ANYPROPRIETOR/PARTNER/EXECUTIVE 034549907 09/01/2016 09/01/2017 500,000 OFFICEOPRIET ER EXCLUDED? N N/A E.L EACH ACCIDENT $ (Mandatory In NH) E.L DISEASE-EA EMPLOYE: $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Laurel City W 1St St.e ACCORDANCE WITH THE POLICY PROVISIONS. 11Laurel,MT 59044 AUTHORIZED REPRESENTATIVE datk Ok4ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form ��0��-���� Request for Taxpayer Give�mmmome ^ m*queatex �ono^ (n°.. wu.w=u�»oo� Identification Number and Certification uen��othe Department IRS. Internal Revenue Service ci.,j Name( inctax / . ' ,�i � � ^ h ~�«r� � � �� 8 �l (QCj� v1M1100-0- �_ �� eu,m°� "me.if em ' ^ �^^ � ~+~« ' ^ b � mm���v Exemptfrombackup �6 �� � n�m�� Om�� �� oo�����: � �� � withholding � Address ' �no.) m=� ' Requester's name and @ ��YO F LAUR EL� 13 vi City,s. state RO. Box 10 � Ka , 5pft / j/4 7— S 0/ Laurel, Montana 59044 44 w� List account e~ i~~ / CO Part I Taxpayer Identification Number(TIN) Enter your TIN in hThe TIN provided must match the name given on Line 1m avoid Social security number backup withholding.For individuals, this is your social security number(SSN). However,for a resident | I l I + | | I alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entm=a, xis your employer identification number(EIN). If you do not have a number, see How to get a TIN on page 3. or Note.If the account is in more than one name, see the chart on page 4 for guidelines on whose Emp *n=m*mmcam"identification number number tventer. I JP-|3|&7 lel' '/ . Pa Certification Under penaltieof perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S.person(including a U.S.resident alien). Certification instructions.You must cross Out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to rdport all interest and dividendstax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, eommn of debt, contributions to an individual retirement arrangement(IRA), and generally, payments . • '^ •^ , ' and dividends,you are not required to sign the Certification, but you must provide your correct TIN. (See the in , "' on p.ge ^ Sign Signature of �� Here u.s.person � � SAN , Purpose of Form 7 • An individual hois ucitize or res sent of the United States Aperson who isrequired tofile aninformation return with the ' IRS, must obtain your correct taxpayer identification number 0 A purtnorship, corporation, company, or association (TIN) to report, for example, incomepaidto you, naa| estate created or"'*�'i^"dinthe United States o, under the laws transactions, mortgage interest you paid, acquisition or of the United 8tatos, or abandonment of secured property, cancellation of debt,or • Any s,ate(other than a foreign estate) or trust. See contributions you made to an IRA. Regulations sections 301.7701-6(a) and 7(a)for additional information. U.S. Use FormvV 8 only if you are U.S. person ' (including a resident a|\erV,to provide your correct TIN to the Special rules for partnerships. Partnerships that conduct a person requesting it (the requester) and, when opp|ioab|o, to: trade or business in the United States are generally required 1. Certify�hat theT|N you are giving is correct(oryqu are to pay a withholding tax on any foreign partners' share of income fmmsuch buoineus Further, ince�oincases wnoma �aitingfo,anumbor�o �� ia»uad)' partnershipForm yy-8has not been r*r~ivydais `— required 2. O*�|fythat you amsubject nu� tobankup*ithh»|di»g' «/ presumepartner�n iaoei`nperson, and pay the 3. Claim exemption from backup withholding if you are a withholding tax. Therefore, if you are a U.S. person that is a U.S. exempt payee. . partner in a partnership d oti a trade or business in the In 3 above, if applicable, also rtifyi that as a United States, provide Form W-9 to the partnership to U.S. pe,00n, your allocable share of any ertn h|p income establish your U.S. status and avoid withholding on your from a U.S. trade or business is not subject to the share of partnership income. withholding tax on foreign partners' share of effectively The h gives Form W-9 to the partnershipfor connected income. purposes ofestablishing its U.G. status and avoiding Note. If a requester gives you a form other than Form «Y'g to withholding on its allocable share of net income from the request your TIN, you must use the requester's form if it is partnership conducting a trade or business in the United substantially similar to this Form VV'S. States is in the following cases: 1 For federal tax purposes,you are considered a person if you • The U.S. owner of a disregarded entity and not the entity, are: Cat.No.10231X Form W-9 (R"^ 11-2005)