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Home My WebLink AboutResolution No. R18-04 RESOLUTION NO. R18-04 A RESOLUTION AUTHORIZING TIiE 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: Apvroval. The Contract between the City of Laurel and CIP Construction for the manhole rehabilitation project and work described in the attached Contract and the Pmposal(E�ibit 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 Februazy 6, 2018, by Council Member xlose PASSED and APPROVED by the City Council of the City of Laurel this 6th day of February, 2018. APPROVED by the Mayor this 6`h day of February, 2018. CITY OF LAUREL �.,.��i2�a�C .!2��'''vL.—. C.�.�--_""_""_._. Thomas C. Nelson, Mayor AT Bethany e , Clerk-Treasurer Approved to f Sam Painter, Civil City Attorney Ri8-04 Approve CIP Construction Technologies,Inc. contract INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 6�' day of February, 2018, 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 December 11, 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�vriting 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 forty nine thousand seven hundred four dollars ($49,704.00) 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 WARRANfIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for I 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, Page 1 of 5 agreements or sub-contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is sc�lely responsible for all work and work product under tliis contract, including,techniques, sequences, procedz�res, and means. Contractor shall supervise and direct the work to the best of hislher ability. B. Wages and Emplayment. Contractor shall abide by all applicable State of Montana Rules, Regulations andlor Statutes in regards to prevailing wages and employment requirements. Contractar shall ciamply with the applicable requirernents of the Warkers' Compensation Act. Contractor shall maintain workers' cornpensation cc>verage for all members and employees of hislher business, except for thase rnembers who are exempted as independent contractors under the provisions of§39-71-401, MCA. Contractor understands that all cantractors or subcontractars working an publicly funded projects aze required to have withheld from earnings a license fee af ane percent (1%) af the gross contract price if the gross contract price is Five Thausand Dollars ($S,OQO) or mare. This license fee is paid to the Montana Departrnent of Revenue pursuant ta Montana law. C. Unless atherwise specified by the terms af this Agreement, a11 materials and equipment used by Contractor on the Canstructian Project shall be new and where nat otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and rnaterials shall be of a kind and nature acceptable to the City. E. All equiprnent, materials, and labor provided to, on, or for the Contract rnust 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 fram cornpletion and final acceptance by the City. Upon receipt of City's written notice af a defective or nonconforrning condition during the warranty period, Contractar shall take all actions, including redesign and replacement, to correct the defective or nonconfornung condition within a time frame acceptable to the City and at no additional cast to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that � such defective or noncanforming condition has been corrected. Contractor warrants the corrective action taken against defective a.nd nonconforming conditions for a period of an additional one(1} year from the date of City's acceptance af the corrective action, F. Contractar and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities andlor has rnade field examinatians. Contractor has knawledge of the services or project sought under this Contract and he/she further understands the site conditians ta be encountered during the performance of this Contract. Contractor has knowledge af the types and character of equipment necessary far the work, the types of materials needed and the � sources ofsuch materials, and the condition ofthe Iocal labor market. i H. Contractor is responsible for the safety af the work and sha12 maintain all Iights, guards, signs, I temparary passages, or other protectians necessary for that puipase at all times. ' I. All work is perfarmed at Contractor's risk, and Contractor shall promptly repair or replace all damage and lass at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, hawever, should the damage or lass be caus�i by an intentional or negligent act of the City, the risk of such lass shall be placet.i an the City. Page 2 of 5 I� II��I J. Contractor is respansible for axzy loss or damage to materials, tools, wark product ar other articles used or held far use in the campletion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Cantractor's compensatian by City, whether directly incorporated into the Contract or not, passes ta City at the tirne af payment, free and clear of all liens and encumbrances. SECTIQN FIVE INDEMNITY AND INSURANCE Contractar shall indernnify, defend and save City, its officers, agents and emplayees harmless from any and all losses, c�amage and liability accasioned by, grawing out of, or in any way arising or resulting frorn any intentional or negligent act on the part of Contractor or its agents or ennployees. SECTION SIX COMP'LIANGE WITH LAWS Contractar shall comply wikh a11 federal, state, local laws, ordinances, rules and regulations. Contractar 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 rnust be on the basis of inerit and qualification and further that Contractor shall not discriminate on the basis of race, color, religionx creed, political ideas, seac, age, rnarital status,physical ar mental disability or national origin. SECTION EIGHT DEFAULT ' If either party fails ta comply with any term or conditian af this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released frorn all obligations if the default is not cured within ten (10) days after written natice is provided to the i defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for darnages, specific performance, and any other remedy provided by law except for punitive darnages. 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 ar rna.iled to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party rnay terminate the contract far their convenience upon thirty days written natice sent pastage prepaid, ta the addresses provided herein. Page 3 af 5 SECTION TEN GOVERNING LAW AND DISPUTE RESClLU"TION The Parties agree that the laws of the State of Montana govem this Cantract, The Parties agree that venue is proper within the Caurts of Yellowstone County, Montana. If a dispute arises, the Parties, thraugh a representative(s) with full authority to settle a dispute, shall meet and atternpt to negotiate a resolution of the dispute in good fai#h no later than ten business days after the dispute arises. If negotiatians fail, the Parties may utilize a third party mediatar 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 ta the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party's attarney's fees and all costs charges and expenses related to the actian. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding af the parties and supersede any and all priar negotiations or understandings relating to this praject. This contract shall not be modified, amended, or changed in any respect except through a written dacurnent signed by each party's authorized respective agents. SECTION THIRTEENTH A5SIGNMENT OF RIGHTS The rights of each party under this Gontract are persanal ta that party and may not be assigned or transferred to any other person, firm, corporatian, or other entity without the prior, express, and written cansent of the other party. SECTION FOURTEEN SEVERABILITY I � Each provisian, sectian, or subsection of this Contract shall stand separate and independent of every � other. In the event that a court of campetent jurisdiction shall find any provisian, section, or subsectian of this cc�ntract to be invalid, the remaining provisions, sections, and subsections af this contract shall remain in full force and effect. � SEc�rTON FIFTEEN 1 PARAGRAPH�3EADINGS The titles to the paragraphs of this cantract 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 6TH DAY OF FEBRUARY, 2018. CITY OF LAUREL CONT T ._ � f , � f��'✓�C � �� Y�`9- 5'��G��- i Thomas C. Nelson, Mayor CIP ction Technologies, Inc. i ATTEST: Employer ldentification Number � , � �3y � �' � Bethany eel , lerk/Treasurer � � 5 of 5 CIP Construction Technologies, I�c. l34 I�`Ave W KaCispetl,MT S99Q1 F/:one(406)291-8017 Fax(406) 752-4630 Silling Phone:(406)25�3938 E-mait:supertec�ja7 exforddsl.net Website; www cipmanhole.com PROP4SAL #LaurelProl7-12-7amended December 12,2017 Faaced&Emailed City of Laurel Laurel,MT Phane 406-860-8I39 Email:mwheeIer@IaureI.mt.gov Pages:2 Attn:Matt Wheeler and Guy Roliins PROJECT:City af Laurel Manhole Rehabilitatian SC4PB: Line interior of five sewer manholes with cured-in-place fiberglass liner by authorized licensed installer CIF Constructian Technolagies,Inc.and rebuild chimney sections via the Mr.Manhale process. ITEM DESCRIPTION DIMENSIONS` PRICE la. Line rnh in Hwy 10 between Locust&Juniper 6.17 x 833 11,370.00 Use Series 11b00 liner(5 layers of fibergiass&PVC)—aur heaviest Iiner Ib. Mr.Manhole leveling system 1395.00 lc. Supply and install new frame and cover ��S��Q 2a. Line mh in Hwy lp in intersection at Juniper 4.33 x 8.0 5,000.00 �, Use Series 6$OO liner(3 layers of fiberglass&PVC)—our standard heavy liner � 2b. Mr.Manhole teveling system 1395.00 2c, Supply and install new frame and cover ��•�� 3a. Line mh in Hwy 10 at Ridge Motel 4.5 x 10.08 7,709.00 Use Series 9200 liner(4 layers of fiberglass&PVC)—our 2°d heaviest liner 'i 3b. Nir.Manhole teveling system 13��•�fl ; 3c. Supply and instali new frame and cover 365.00 ! 4a. Line mh in Hwy 10 150 ft east of Fir Ave 4.5 x 12,25 7,656.00 Use Series 68001iner(3layers of fiberglass&PVC)—our standard heavy liner 46. Mr.Manhole Ieveling system 1395.00 4c. Supply and instail new frame and cover ��$•�� , Sa. Line mh in Hwy 14 at lift station 4.33 x 14.67 9,169.00 Use Series 6800 liner(3 layers of fiberglass&FVC)—our standard heavy liner 5b. Mr.Manhole leveling system 1395.00 � Sc. Supply and install new frarne and cover 365.00 � 6 Mabilization* NC I TOTAL $49,744.00 *The normal mobilizatian fee of$2d00 wili be waived perf'orrned in conjunction with ather upcorning CIP prajects with the City of Red Ladge and the Tawn of Raberts. Manufacturer's Warrantv:To stop infiitrarian 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 lirnited to installation,repair,or warranty service,wiIl provide CIP with the following:adequate access to structure{s),a saurce af water suppty,traffic control,assistance as needed ta coardinate and control sewage flow,a locatian for garbage dispasai{e.g.,access to dumpster);hydravac assisGance. CIP will provide the normal preparatory work and equipment necessary to install the linar system which includes pressure cleaning @ 3500 p.s.i.,and step removal. We expect that our pracess will eliminate further deterioration and greatly increase the life of the structure(s). Independent lab tests predict a 50- t 00 year life span far our liner in a sanitary sewer environment. Thank you for the opporttznity to assist yau and the City in salving these infrastructure problems. We loak forward to working with you on this project and athers in the future, Best regards, ,J'i,s-wSwa�,n. Jim Swain President