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1 CONTRACT AGREEMENT PROJECT # 09-07-TONKIN FENCE TONKIN TRAIL FENCE This Contract Agreement is made and entered into this 29 day of June, 2009, and between the City of Missoula and Fencecrafters LLC , hereinafter referred to as “Contractor,” for the scope of work listed below. A. SCOPE OF WORK Contractor shall furnish all labor, equipment and materials necessary to complete the following items: 1. Install approximately 2200 feet of ranch fence as per specifications (one top rail, butt-treat posts) attached as Exhibit A at cost of $17,950. B. TIME OF COMPLETION Work shall begin as soon as possible after the issuance of the Notice to Proceed and be completed (Number of days or Date by which work must be complete): 45 Days C. PAYMENT Upon completion and acceptance by the City of the work performed under this agreement, the City of Missoula shall pay Contractor in accordance with the lump sum price of Seventeen thousand nine hundred fifty dollars 17,950.00) as shown on the Quotation Proposal dated May 14, 2009 hereby made a part of this agreement less 1% payable to the Montana Department of Revenue. Where unit prices are listed on the Quotation Proposal the payment shall be based upon unit prices for quantities installed and accepted. The payment shall be full compensation for the work described on the attached Quotation Proposal. D. DOCUMENTS AND DRAWINGS The following documents shall be made a part of this agreement: 1. Quotation Proposal dated May 14, 2009 2. Project Special Conditions 3. The City of Missoula General Conditions (Short Form) 4. Performance and Payment bonds if contract over $10,000. 5. Certificates of Insurance 6. Notice of Award 7. Notice to Proceed 8. City of Missoula Business License ---PAGE BREAK--- 2 Contract Agreement Project 09-07-Tonkin Fence (Cont’d) ACKNOWLEDGMENT AND APPROVAL OF AGREEMENT: City of Missoula Contractor By: By: JOHN ENGEN MAYOR Attest: MARTHA L REHBEIN CITY CLERK (Seal) ATTORNEY FOR THE CITY OF MISSOULA ---PAGE BREAK--- 3 PROJECT SPECIAL CONDITIONS FOR TONKIN TRAIL FENCING 09-07-Tonkin Trail FENCE Fence Construction These Project Special Conditions are special provisions that modify and/or supplement in part the General Conditions or the Technical Specifications of the contract. In the event of a conflict, these Project Special Conditions shall take precedence. These Project Special Conditions are incorporated into this Contract Agreement. 1. Insurance Contractor shall carry required Worker’s Compensation insurance with coverage amounts per the General Conditions. Other insurance requirements are modified as follows: A. Contractor Commercial General Liability Coverage may be reduced to $1 Million per occurrence and $2 Million General Aggregate and $2 Million for this project. B. Products - Completed Operations Aggregate may be reduced to $2 Million for this project. C. Contract Indemnity coverage shall be $1 Million per occurrence and $2 Million aggregate for this project. D. Owner’s and Contractor’s Protective Policy per the General Conditions is NOT required. E. Contractor shall carry required Property Insurance on the Work equal to the Total Project Cost per the General Conditions. 2. CONSTRUCTION SCHEDULE & SEQUENCE OF WORK The Contractor shall submit a Construction Schedule to be approved by the City. The Contractor should schedule his work so as not to cause unnecessary conflicts with other construction or unnecessary inconvenience to the public or to local businesses. Time is of the essence in this contract. Therefore, the Contractor shall prosecute the work regularly and uninterruptedly with such force as to complete the work within the contract time and to minimize the effects on park users and Parks Department scheduled activities. 3. PERFORMANCE AND PAYMENT BONDS According to the Montana Codes Annotated Section 18-2-201(4), the City may waive the requirement for performance and payment bonds on projects of lower cost. Therefore, if this project costs less than $10,000, the City will waive that requirement. However, if the project is $10,000 or more performance and payment bonds will be required for the full amount of the contract price. 4. PREVAILING WAGE RATES If the project is covered by Davis Bacon or Related Acts (DBRA), the Davis Bacon Wage Rates apply in contractors over $2000 in which Federal funds are provided toward the const of the project. Project Special Conditions ---PAGE BREAK--- 4 In accordance with the enacted amendments to Montana Codes Annotated 18-2-401(9)(a), “Public works contract” means a contract for construction services let by the state, county, municipality, school district, or political subdivision or for non-construction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000. Therefore, any public works contraction or non-construction services contract for a total amount less than $25,000 does not meet the MCA definition of a “Public Works Contact” within the meaning of the code, and will not be required to pay the standard prevailing wage rates. 5. Liquidated Damages There will be no provisions for Liquidated Damages in this contract agreement. 6. Access And Safety Access to playground areas, sports areas and trails must be maintained at all times. Appropriate barriers and signs shall be placed to protect employees and private citizens from worksite hazards. 7. Working Hours Work shall be limited to the hours between 7 a.m. and 5 p.m. Monday through Friday unless special arrangements are approved by the Parks and Recreation Director. 8. Traffic Control And SIGNING Traffic control and signing shall be the responsibility of the contractor. 9. Parking Lot Access and Safety Access to parking lots must be maintained at all times. Pedestrians shall be guided by fencing or other approved means. 10. IRRIGATION The bidder shall be aware that there is underground irrigation in Tonkin Trail. Damage to irrigation shall be the contractor's responsibility to repair. Repairs to irrigation shall be considered incidental and no additional compensation will be paid. Four inches of Top soil shall be placed in excavated lawn area and raked smooth. Potentially conflicting irrigation elements will be marked and/or flagged by the Parks Department prior to construction. 11. PLAN SHEETS The plan sheets are illustrative; the actual alignment of the fence will be set by the contractor in the field an approved by the Parks Department prior to construction. 12. MATERIALS All materials used must be as per the “Specifications for Fence Materials” dated May 14, 2009, which is also part of this contract. All deviations from the “Specifications for Fence Materials” must be approved by the Parks & Recreation Department prior to their installation.