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HomeMy WebLinkAbout06- DLM Contracting Inc.; Change Order, Water Supply - Hyalite Transmission Main CHANGE ORDER No. TWO (2) DATE OF ISSUANCE February 28. 2006 EFFECTIVE DATE Fc.hlllan 28. 2996 ~5 Owner City of Bozeman. MT CONTRACTOR DLM Contractin2 Inc Contract: Bozeman Water Supply. HvaHte Transmission Main Project: Schedules 1. 2. & 3 OWNER's Contract No. ENGINEER Morrison-Maierle. Inc. ENGINEER's Contract No. 0417.040.03.050 You are directed to make the following changes in the Contract Documents: Description: See Attached Change Order No.2 Summary and the attached Supplemental General Conditions For Projects In Montana With Epa State Assistance Grant Funding Reason for Change Order: See Attached Change Order No.2 Sununary Attachments: (List documents supporting change): 1. Change Order No.2 Summary 2. Federal/State Funding Supplement General Conditions, (Page 1 - 18) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: $ 4.273,104.00 Original Contract Times: Substantial Completion: Ready for fmal payment: Original Contract Price 210 240 da s Net change from previous Change Orders: Substantial Completion: 36 Ready for final payment: 36 (days) Net Increase from previous Change Orders: $ 5.176.22 $ 4.278.280.22 Contract Times prior to this Change Order: Substantial Completion: 246 Ready for final payment: 276 (days) Contract Price prior to this Change Order: $ 4.292.876.69 Net increase (decrease) this Change Order: Substantial Completion: 27 Ready for final payment: 27 (days) Contract Times with all approved Change Orders: Substantial Completion: 273 Ready for final payment: 303 (days) Net increase of this Change Order: $ 14,596.47 Contract Price with all approved Change Orders: Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and the ork Huantities and value were properly determined and are correct. .g..-I-Ol.R Date ~-.)!( -Df- Date APPROVEDB. ~ ~If OWNER (Autl'iorized Signature) ~ ...,2--ob Date BY: H:\0417\040-03\DocumentsIChange Orders & WCDIChange Order #2 Docs & TransCB.doc ITEM CONTRACT DESCRIPTION JUSTIFICATION CONTRACT COST NO. SCHEDULE Time (Days) 1 1 Mongollon Dr. Non~shrink County Road Department revised the Encroachment Permit to require flowable fill in all aved road cuts. 0 $ 2,893.40 ..u _ __.._._.. ~. . ,., " . 2 Unknown irrigation main at 19th & Nez Contractor broke an unknown private 12" Peirce irrigation main at said intersection $ 877.92 3 2 Controls Additions & HMI Upgrade in Provide additional operational flexibility accordance with Work Directive 8-16-0 and track additional data $ 5,775.00 4 PDI-M Test Station Flush Mo.unt$600 Need to use a 4' Cone Manhole to flush mount the Type "M" test station equipment on S. 19th Ave for traffic safe $ 764.39 5 Sta 87+35 Combination Air Valve Vault Move the air valve manhole away from adjust road shoulder for traffic safety. $ 1,326.74 6 3 Connection Bldg piping restraint The thrust rods could not clear the MJ Couplers so thrust restraint bolts were added. l.___2-,-11lJI.:?J!. 7 2 14 day no-cost Contract Time Extensio Complete critical work items such as gates installation and seeding, beyond the Contrator's sheduled November 11, 2004 Winter Shutdown. 14.0 $ 8 1,2 & 3 Weather Days Request prior to the Inclement Weather prevented December 1, 2005 Winter Shutdown reasonable work Progress 4.0 $. 9 1,2, & 3 The Supplementary Conditions, Article A $5,000 deductible for earthquake loss 5.06B, is hereby amended to allow a was not available. $25,000 deductible for earthquake loss only. Deductible on other loss or damage shall remain at $5,000. N/A $ 10 The contract document is hereby This project is funded in part by grant(s) amended to require that the Contractor from the U.S. Environmental Protection shall comply with the following: (1) all Agency and the Federal requirements applicable Provisions of 40 CFR Parts need to be added to the Construction 29, 31, 34, and 35 (if applicable), OMB Contract. Circulars A.87, A-102,and A-133 and (2) the terms and conditions set forth in this contract. N/A $ 11 3 Connection Bldg interior Trim work Owner desired to add interior wood trim at ceilin . 0.0 $ 759.24 12 1,2, & 3 Weather Days Request since February Inclement Weather prevented 13,2006 Resume Work Order (Feb. 17 reasonable work Progress 20 & 24-28) 9.0 TOTAL 27 , . SUPPLEMENTAL GENERAL CONDITIONS FOR PROJECTS IN MONTANA WITH EPA STATE ASSISTANCE GRANT FUNDING 19 April 2002 TABLE OF CONTENTS I. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS ON FEDERALLY ASSISTED CONSTRUCTION CONTRACTS ............................................................................ 2 II. GUIDANCE FOR UTILIZATION OF SMALL, MINORITY AND WOMEN BUSINESS ENTERPRISES REQ UIREMENTS OF 40 CFR ~35.3145(D). .........................................................................................................8 III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS.. ..................... .......................................................... ............. .................. ....................... ........... ............ 13 IV. PROHIBITION AGAINST LISTED VIOLA TED FACILITIES ................................................................15 V. DISCOVERY OF ARCHAEOLOGICAL AND OTHER HISTORICAL ITEMS....................................... 16 VI. WILLIAMS - STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.............................16 VII. WAGE DETERMINATION ..........................................................................................................................17 VIII. A C CES S .. ...................... .............. ......................................... ....... .................... ........................ ........... ...... ...... 1 7 IX. CONSTRUCTION SITE EROSION & SEDIMENT CONTROL MEASURES ........................................17 I. EQUAL EMPLOYMENT OPPORTUNITY and AFFIRMATIVE ACTION REQUIREMENTS on FEDERALLY ASSISTED CONSTRUCTION CONTRACTS NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation in each trade 3.3% Goals for female participation in each trade 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number for the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed (see form on P. 7). 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Billinq Economic Area. This noti~e shall be included in, and shall be a part of, all solicitations for offers and bids on all federal and federally assisted construction contracts or subcontracts. EQUAL OPPORTUNITY CLAUSE The Equal Opportunity Clause published at 41 CFR Part 60-1.4(b) is required to be included in, and is part of, all nonexempt federally assisted construction contracts and subcontracts. The Equal Opportunity Clause shall be considered to be a part of every contract and subcontract required by the regulations in this part to include such a clause, whether or not it is physically incorporated in such contracts. 2 In addition to the clause described above, all federal contracting officers, all applicants, and all non- construction contractors, as applicable, shall include the specifications set forth in this section in all federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to 960-4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of non-construction Federal contracts and subcontracts covered under the Executive Order. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered Area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands ); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area, (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs (7)(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably by able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction 3 . ' work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the federal register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off~the~street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under (7)(b) above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by 4 , ' publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j, Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7)(a) through (p). The efforts of a contractor association, joint contractor~union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under (7)(a) through (p) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has positive impact on the employment of minorities and women in the industry, 5 ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive order if a specific minority group of women is under-utilized). 10. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g.. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) 6 r-- r-- ..- 0 ..- 10 c.. 0) 0) 10 () .~ ::: ~ ():t::;::I ..- U-o~o~ 0"0 100 :a:E~~co CI) .!!2 '0 -.:t 0 o~Cl~XU ~--l wmO..: ~O> COO) ;::10 cO') . > Q)CI)O)~offi O::::JO..-o..:o 0::: L.U CO :2 :J Z L.U Z o :c c.. L.U --l L.U I- ~ CI) CI) LlJ 0::: o o <( u.i :2 <( z CI) ~ o I- U ~ I- Z o u Ii LlJ CD ::2: :J Z o 0::: L.U r o --l 0... ::2: LlJ 0:: o I- U ~ I- Z o u ~ ~ :E 0- ~ Cl 0 Q) (!) c:i z t5 ~ 'E 8 z .$ ro 0 c: 0 :a5 15.. E 8 '0 .iB ro E := rn W .iB ro 0 1:: ro CiS "'0 Q) ro E t5 w z 0 ~ t) u ~ 0 'E --l 0 Cl C,) - z 0 <( 'E I- ~ 0 u ~ LlJ ""') ..... 0 J!! 0::: (5 c.. 0 o ~ :!E 0:: o LL Z I- ~ 0:: I- Z o (..) ~ 0 c: 0 "" Q) 15.. E 8 :$ ro E ~ W 1:: - 2 0 C/) 0 "'0$ 0 .$ro 0 roo ~ .5 6It Ci5 ~ w C w C - 0:: 0 c ~.... o 0 E ro <(.l= c: fETO "'00 Q)..c - ~ roC/) .5 Ci5 w - 0 ..... Q) ..0..... E~ ~~ oc -0 ..... 0 Q)"c >-::1 gC/) C. E w ..... Q) - .&:l Q) E E ~ ~Z Ie ~ 00 t)-'= roc... .l="" c: . 8 ~ .&:lQ) ::I .... C/)"'O ~ <C ~ en I- ~ 0:: I- Z o (..) a:l ~ en LL o Z o ~ (..) i! i= o z r-- II. GUIDANCE FOR UTILIZATION OF SMALL, MINORITY AND WOMEN BUSINESS ENTERPRISES REQUIREMENTS OF 40 CFR S35.3145(d). A. REQUIREMENTS 1. The recipient and prime contractor will exercise good faith efforts to attract and utilize small, minority, and women's business enterprises primarily through outreach, recruitment, and race/gender neutral activities. At a minimum, the recipient and project bidders will follow the six affirmative steps below: a. Including small, minority and women's businesses on solicitation lists; b. Assuring that small, minority and women's businesses are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small, minority and women's businesses; d. Establishing delivery schedules, when the requirements of the work permit, which will encourage participation by small, minority and women's businesses; e. Using the services of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate; and f. Require a. through e. to be taken if subcontracts are awarded. B. FAIR SHARE OBJECTIVE 1. The fair share objective for this project is 2%. MBE's and 3% WBE's. C. DEFINITIONS 1. Minority Business Enterprise (MBE) is a business concern which is: a. Certified as socially and economically disadvantaged by the Small Business Administration; (1) Socially disadvantaged individuals are those who haye been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. (2) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished capital and credit opportunities, as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Small Business Administration shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individuals. Indiyiduals who certify that they are members of named groups (Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian- Indian Americans), are to be considered socially and economically disadvantaged. Economically and socially disadvantaged individuals are deemed to include women. b. Certified as a minority business enterprise by a State or Federal agency; or c. An independent business concern which is at least 51 percent owned and controlled by minority group member(s). (1) A minority group member is an individual who is a citizen of the United States and one of the following: (a) Black American: 8 (b) Hisoanic American (with origins from Puerto Rico, Mexico, Cuba, South or Central America) (c) Native American (American Indian, Eskimo, Aleut, native Hawaiian); or (d) Asian-Pacific American (with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan or the Indian subcontinent). (2) In order to satisfy this third criteria of the MBE definition, the minority ownership's interest must be real, substantial and continuing. Such interest is characterized by: (a) Risk of loss/share of profit commensurate with the proportional ownership; and (b) Receipt of the customary incidents of ownership, such as compensation (i.e. salary and other personnel compensation). (3) A minority owner must have and exercise control of the business decisions. Characteristics of control include, but are not limited to: (a) Authority to sign bids and contracts; (b) Decisions in price negotiations; (c) Incurring liabilities for the firm; (d) Final staffing decisions; (e) Policy-making; and (f) General company management decisions. (4) Only those firms performing a useful business function according to custom and practice in the industry, are qualified as MBEs. Acting merely as a passive conduit of funds to some other firm where such activity is unnecessary to accomplish the project does not constitute a "useful business function according to custom and practice in the industry." The purpose of this approach is to discourage the use of MBE "fronts" and limit the creation of an artificial supplier and broker marketplace. 2. Women's Business Enterorise (WBE) is a business which is certified as such by a State or Federal agency, or which meets the following definition: "A women's business enterprise is an independent business concern which is at least 51 percent owned by a woman or women, who also control and operate it. Determination of whether a business is at least 51 percent owned by a woman or otherwise qualified WBE which is 51 percent owned by a married woman in a community property State will not be disqualified because her husband has a 50 percent interest in her share. Similarly, a business which is 51 percent owned by a married man and 49 percent owned by an unmarried woman will not become a qualified WBE by virtue of his wife's 50 percent interest in his share of the business." As in the case of a MBE, only United States citizens will be deemed to be WBEs. Similar to the MBE criteria, WBE should meet the criteria cited in subparagraphs C.1.c.(2), (3), and (4). 3. Fair Share or Fair Share Obiective A fair share or a fair share objective is an amount of funds reasonably commensurate with the total project funding and the availability of qualified MBEs and WBEs, taking into account experience on EPA-funded projects and other comparable projects in the area. A fair share objective does not constitute an absolute requirement, but a commitment on the part of the bidder to exercise good faith efforts as defined in this section to use MBEs and WBEs to achieve the fair share objective. 9 4. Small Business (SBEkAny business entity, including its affiliates, that is independently owned and operated, and not dominant in its field of operations in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards set forth in 13 CFR Part 121. 5. Small Business in a Rural Area._A small business in a rural area (SBRA) is a business entity meeting the definition of a small business, and is located and conducts its principal operations in a geographical area (county) listed in the Small Business Administration's Listing of Non-Metropolitan Counties by State. 6. Recipient. A party receiving SRF financial assistance. 7. Proiect. The work financed through an SRF loan. a. Bidder. A party seeking to obtain a contract with a recipient through a competitive, advertised, sealed bid process. 9. Offeror. A party seeking to obtain a contract with a recipient through a negotiative procurement process. 10. Prime Contractor. A party that has obtained a contract with a recipient through a competitive, advertised, sealed bid process. 11. Good Faith Efforts. Good faith efforts by a recipient, prime contractor, and/or bidder/Offeror means efforts to attract and utilize SBEs, MBEs, and WBEs primarily through outreach, recruitment, and race/gender neutral activities. The following are examples of activities to assist recipients, prime contractors and/or bidders/offerors to comply with good faith efforts. A. Include qualified SBEs, MBEs, and WBEs on solicitation lists. 1. Maintain and update a listing of qualified SBEs, MBEs, and WBEs and SBRAs that can be solicited for supplies, construction and/or services. 2. Provide listings to all interested parties who requested copies of the bidding or proposing documents. 3. Contact appropriate sources within your geographic area and State to identify qualified MBEs and WBEs for placement on your minority and women's business listings. 4. Utilize other MBE/WBE listings such as those of the State's Minority Business Office, the Small Business Administration, Minority Business Development Agency, US EPA- Office of Small and Disadvantaged Business Utilization (OSDBU) and the Department of Transportation. 5. Have the State environmental agency personnel review this solicitation list. B. Assure that SBEs, MBEs, and WBEs are solicited. 1. Conduct meetings, conferences, and follow-ups with SBEs, MBEs, WBEs, and SBRAs, small, minority and/or women's business associations, minority media, etc., to inform these groups of opportunities to provide supplies, services, and construction. 2. MBE Utilization is facilitated if the recipient or prime contractor advertise through the minority media. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project. 3. Conduct pre bid, pre-solicitation, and post-award conferences to ensure that consultants, suppliers, and builders solicit SBEs, MBEs, WBEs, and SBRAs. 10 '"' 4. Provide bidders and offerors with listings of qualified SBEs, MBEs, WBEs, and SBRAs and establish that a fair share of contracts/procurements should be awarded to these groups. 5. Advertise in general circulation, trade publications, State agency publications of identified source, minority or women's business focused media, etc., concerning contracting opportunities on your projects. Maintain a list of minority or women's business-focused publications that may be utilized to solicit MBEs or WBEs. 6. Provide interested SBEs, MBEs, WBEs, or SBRAs with adequate information about plans, specifications, timing and other requirements of the proposed projects. 7. Provide SBE, SBRA, MBE or WBE trade organizations with succinct summaries of solicitations. 8. Notify SBEs, MBEs, WBEs, or SBRAs of future procurement opportunities so that they may establish bidding solicitations and procurement plans. C. Divide total requirements when economically feasible, into small tasks or quantities to permit maximum participation of SBEs, MBEs, WBEs and SBRAs. 1. Perform an analysis to identify portions of work that can be divided and performed by qualified SBEs, MBEs, WBEs and SBRAs. 2. Scrutinize the elements of the total project to develop economically feasible units of work that are within the bonding range of SBEs, MBEs, WBEs and SBRAs. 3. Analyze bid packages for compliance with the good faith efforts to afford SBEs, MBEs, WBEs and SBRAs maximum participation. D. Establish delivery schedules, where requirements of the work permit, which will encourage participation by SBEs, MBEs, WBEs and SBRAs. . 1. Consider lead times and scheduling requirements often needed by SBE, MBE, WBE or SBRA participation. 2. Develop realistic delivery schedules which may provide for greater SBE, MBE, WBE or SBRA participation. E. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the US Department of Commerce, as appropriate. 1. Use the services of outreach programs sponsored by the Minority Business Development Agency and/or the Small Business Administration to recruit bona fide firms for placement on SBEs', MBEs', WBEs', or SBRAs' bidders lists to assist these firms in the development of bid packaging. 2. Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime contractors in identifying MBEs for potential work opportunities on this project. D. REPORTING 1. Biddors/offerors shall demonstrate compliance with good faith efforts in order to be deemed responsible. Demonstration of compliance may include completing the "MBEIWBE Subcontractor Solicitation Sheet". However, the recipient may specify other methods of demonstrating compliance. 11 LLiffio 1Il:5t) ~ :: ~ IDOe co .0 .50! W lJ lIl.o -g~~ z o ~ :i D:: o u.. ~ z o ~ I- C3 :i o UJ D:: o I- ~ I- Z o u m :.') UJ w m ~ m ::E C'-. c: ~ 0 15..~ Q) Q) c: (,) ..... 0 ~~t5 - Q) Q) ,,;'ar 15 0 ..... :l c: ..... O~.E Q)15 15z :l ..... O.E '5 5 ~ cenOJ :l m .5: 00::'0 E ..... :l <(00 "'0 Q) t) ~ ctl OCl!lC ..c: 0.. 0 a...::3() '0 ?; 5 $.Q~ ctl "0 Q) ou..a... c: o :,;;:; co E ..... .E .5: ~ o .0 co Q) :5 co :5 en Q) -.:: 1:: Q) lJ >. .0 Q) ..... Q) ..c:t "'0 Q) Q) ..... 5,5 'en lJ ....."'0 Q) c: "'0 co c: Q) ::3 :l Q) ..... ..c:..... I- .!a '0"'0 Q) c: ..... o Q) :,;;:;tt::: .Q.O ......,:.:: lJ ..... en 0 ~~ ..... .E 1ii Q)..... ::3 c: O"Q) Q)Cf) 0:: Q) $0 ctl ::3 00 ~ co en en Q) lJ Q) c: ~ en 1i) Q) ..c. en Cii c g ::0 "'0 ctl Q) en => "'0 Q) t) $ c: o () CI!l en C/) ..... ~'O.g :go~ <!zc ai~o Eo,g ctl ..c. ::3 za...Cf) I ~ Q) :;:::; i= i...: o t) ctl ..... C o t) Q) ..... :l co c: OJ U5 Q) >. co III 0 N ...- III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. INSTRUCTIONS Under Executive Order 12549, an individual or organization debarred or excluded from participation in Federal assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for $25,000 or more. The status of prospective individuals or organizations can be checked at: http://epls .arnet.qov! A prospective prime contractor must submit a completed certification (see form on p. 14) or explanation to the project owner for the project. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. B. HOW TO OBTAIN FORMS Additional forms may be obtained from the State or may be reproduced. 13 SRF Project Number United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 use Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. 14 IV. PROHIBITION AGAINST LISTED VIOLATED FACILITIES A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (2) Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act (42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111 (d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4) Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. 6) Facilitv means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. 15 , . V. DISCOVERY OF ARCHAEOLOGICAL AND OTHER HISTORICAL ITEMS In the event of an archaeological find during any phase of construction, the following procedure will be followed: (1) Construction shall be halted, with as little disruption to the archaeological site as possible. (2) The Contractor shall notify the Owner who shall contact the State Historical Preservation Officer. (3) The State Historical Preservation Officer may decide to have an archaeologist inspect the site and make recommendations about the steps needed to protect the site, before construction is resumed. (4) The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds. A similar procedure should be followed with regard to more recent historical resources. Should any artifacts, housing sites, etc., be uncovered, the same procedure should be followed as for an archaeological find. In the event archaeological/historical data are evaluated to meet National Register criteria, the Advisory Council on Historic Preservation may be notified and asked to comment. VI. WILLIAMS - STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 A. AUTHORITY (1) The contractor is subject to the provisions of the Williams-Steiger Occupational Safety and I-Iealth Act of 1970. (2) These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federallaw(s) , including but not limited to the latest amendment of the following: a. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 94-596; b. Part 1910 p Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations; c. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. B. SAFETY AND HEALTH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 - Safety and Health Regulations for Construction (29 CFR 22801), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda to be included. Attendance by the owner, architect, general foreman, shop steward(s), and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. 16 , . The gang foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the owner and architect, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970. (5) This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein. VII. WAGE DETERMINATION 1. If the sole source of funding for the project. excluding recipient contributions, is the State Revolving Fund, the contractor shall meet the requirements of Title 18, Chapter 2, Part 4, Montana Code Annotated. regarding standard prevailing wages, including posting the wage scale and paying the appropriate wages. Bid specifications and contracts must contain the prevailing wage rates and provisions for payroll record keeping in accordance with 18-2-422 MCA. 2. If there are other sources of funding for the project that require federal Davis~Bacon wage rates then the contractor may satisfy the SRF wage rate requirements by meeting federal Davis-Bacon requirements. VIII. ACCESS 1. The recipient must insure that representatives of the Environmental Protection Agency and the State will have access to project records and the project work whenever it is in preparation or progress and must provide proper facilities for such access and inspection. The recipient must allow the Regional Administrator. the Comptroller General of the United States, the State agency, or any authorized representative, to have access to any books, documents, plans, reports, papers, including records of contractors which are pertinent to the project for the purpose of making audit. examination, excerpts. copies, and transcriptions thereof. The recipient must insure that a party to a subagreement will afford access to such project work, sites, documents, and records. IX. CONSTRUCTION SITE EROSION & SEDIMENT CONTROL MEASURES Every effort shall be made by the contractors and subcontractors to prevent and correct problems associated with erosion and runoff processes which could occur during and after project construction. The efforts should be consistent with applicable local ordinances. the EPA Nonpoint Source Pollution Control Guidance and Department of Environmental Quality Stormwater Management Plan. Wherever appropriate, the contractor's efforts shall reflect the following engineering principles: 1. When appropriate, land grading and excavating should be kept at a minimum to reduce the possibility of creating runoff and erosion problems which require extensive control measures. 2. Whenever possible, topsoil should be removed and stockpiled before grading begins. 3. Land exposure should be minimized in terms of area and time. 4. Exposed areas subject to erosion should be covered as quickly as possible by means of mulching or vegetation. 5. Natural vegetation should be retained whenever feasible. 17 , ' 6. Appropriate structural or agronomic practices to control runoff and sedimentation should be provided during and after construction. 7. Early completion of stabilized drainage systems (temporary and permanent systems) will substantially reduce erosion potential. 8. Roadways and parking lots should be paved or otherwise stabilized as soon as feasible. 9. Clearing and grading should not be started until a firm construction schedule is known and can be effectively coordinated with the grading and clearing activity. 18 ,. CHANGE ORDER No. THREE (3) DATE OF ISSUANCE AU2ust 15,2006 EFFECTIVE DATE AIt~u~l1.5,!DOl) 87'15 Owner City of Bozeman, MT CONTRACTOR DLM Contractinl! Inc Contract: Bozeman Water Supplv - Hvalite Transmission Main Project: Schedules 1. 2, & 3 OWNER's Contract No. ENGINEER Morrison-Maierle, Inc. ENGINEER's Contract No. 0417.040.03.050 You-are dIrected to make the followmg changes m the Contract Documents Description: See Attached Change Order NO.3 Summary Reason for Change Order: See Attached Change Order No.3 Sununary Attachments: (LIst documents supportmg change): 1 Change Order No.3 Summary I CHANGE IN CONTRACT PRICE. I Ongmal Contract PrIce $ 4.273.104.00 Nct Increase from prevIOUS Change Orders: $ 19,772.69 Contract Pnce prIor to thIS Change Order' $ 4,292,876.69 Net mcrease of thIS Change Order: $ 80.529.01 Contract PrIce WIth all approved Change Orders: $ 4,3730405.70 I CHANGE IN CONTRACT TIMES: I Ongmal Contract TImes: Suhstanttal CompktlOn 210 Ready for final payment. 240 (days) Net change from prevIOUS Change Orders: Substanttal CompletIOn. 63 Ready for final payment: 63 (days) Contract TImes pnor to thIS Change Order: SubstantIal CompletlOn. 273 Ready for final paym.ent: 303 (days) Net mcrease (decrease) thIS Change Order: Substanttal CompletlOn 32 Ready for final payment: 32 (days) Contract TImes With all approved Change Orders SubstantIal CompletlOn. 305 Ready for final payment: 335 (days) Contractor certIfies and agrees that there are no addItlOnal costs or clmms for extra work, addItIOnal tIme, delays or omItted Items, of any nature whatsoever, assocIated WIth the subject change order Items, except as IdentIfied and set forth herem and unless expressly stated otherwIse 10 the Change Order. And further, that the pnee agreed-upon herem represents the full cost and value for the subject work performed and the matenals supphed under the terms of the co~nd e work quantIttes and value were pr perl determmed and are correct. Date r-/~- .Ob Date (\~~~' OWNER (Authonzed Signature) <it - 3 J-Of, Date H:\0417\040-03\DoGuments\Change Orders & WCDIChange Order #3 Docs & TransCB doc " CONTRACT SCHEDULE Schedule 3 1.1 WTP Building and Connection Building Owner requested additions to address drainage Improvements including; existing and future drainage problems install French drains and drainage which cause unsafe icing conditions at piping, connection of roof drains, and the WTP site. ___no ~',IE"!rnner1tre~toraJion--'--____n_____ _____ n 1.2 Install a new Caustic Soda pipe carrier Owner requested work to replace an conduit between the WTP and Caustic existing Caustic Soda line which is Buildin . failin . Above items from Work Directive 5-17-06: 2 Schedule 3 2.2 Install flexible couplings on the 30" This additional work was conducted to supply line on either side of the meter address and prevent additional vault. Increase Contract time 14 days differential settlement between the Meter for materials delivery for Flexible Vault and the 30" supply line. cou lin sand 7 da s for installation. 3 4 Schedule 2 2.1 Schedule 2 2.0 2.0 Total $ 45,761.79 21.0 Total $ 26,176.09 Owner requested additional work to increase security and safety at the remote Intake Building site. Relocate Main Electrical Panel to secure building wall, add Meter Vault sump pump and electrical power, install lockable bollards, install gate operator lockable covers, and provide safety chain at access hatch "f', Above items from Work Directive 5-17-06: Contract time due to Northwestern NWE took over seven months to Energy (NWE) delay in installation of schedule and install the electrical service the electrical service to to the Intake to Intake Building, Building. 0.0 Total $ 8,591.13 $ $ 7.0 32 80,529.01 TOTAL " BOZEMAN WATER SUPPLY - HYALlTE TRANSMISSION MAIN MMI Project No. 417040.03 08/15/06 ~ ..~ ..~ .~.~.'!0';.a .}t...} ..... .. .......................... Contract Time - Substantial Completion (days): 210 Contract Time - Final Completion (days): 240 Notice to Proceed: April 27,2005 Original Subst. Completion Date: November 23,2005 Original Final Completion Date: December 23,2005 Item Description Date Added Total Contract Revised Subst. Revised Final Completion Contract Time Completion Date Date Subst. Final Subs!. Final 1 Chanae Order NO.1 July 21,2005 36 36 246 276 December 29,2005 Januarv 28, 2006 2 Chanae Order NO.2 February 28, 2006 27 27 273 303 January 25, 2006 Februarv 24, 2006 3 ChanCle Order NO.3 August 15, 2006 32 32 305 335 Februarv 26, 2006 March 28, 2006 4 Weather Davs Shutdown #1{Days) 74 74 May 11, 2006 June 10, 2006 Shut Down #1 Date December 1, 2005 Start Work #1 Date February 13, 2006 Remainina Contract Days at Shutdown #1 87 85 Shut Down #2 (Days) 65 65 July 15,2006 August 14, 2006 Shut Down #2Date March 1 0, 2006 Start Work #2 Date May 15, 2006 Remainina Contract Days at Shutdown #2 (less 1 dav) 61 91 Shutdown #3(Days) July 15, 2006 August 14, 2006 Shut Down #1 Date July 26, 2006 TBD TBD Start Work #1 Date TBD Remaining Contract Days at Shutdown #3 N/A 19 Current Contract Completion Dates* *To be Determined upon Resume Work CHANGE ORDER No. FOUR (4) DATE OF ISSUANCE December 21.2006 EFFECTIVE DATE Owner Citv of Bozeman. MT CONTRACTOR DLM Contractin2 Inc Contract: Bozeman Water Supplv - Hvalite Transmission Main Project: Schedules 1. 2. & 3 OWNER's Contract No. ENGINEER Morrison-Maierle. Inc. ENGINEER's Contract No. 0417.040.03.050 You are directed to make the following changes in the Contract Documents: Description: Several additional work items - see the attached Change Order No.4 Summary. Reason for Change Order: The additional work items were request by the Owner to enhance the long-term operation and maintenance of the facilities. Attachments: (List documents supporting change): 1. Change Order No.4 Summary (1 page) CHANGE IN CONTRACT PRICE: Original Contract Price $ 4.273.104.00 Net Increase from previous Change Orders: $ 100,301.70 Contract Price prior to this Change Order: $ 4,373.405.70 Net decrease of this Change Order: $ 22,178.64 Contract Price with all approved Change Orders: $ 4.351.227.06 2. Pinal Contract Reconciliation (2 pages) CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: 210 Ready for final payment: 240 (days) Net change from previous Change Orders: Substantial Completion: +95 Ready for final payment: +95 (days) Contract Times prior to this Change Order: Substantial Completion: 305 Ready for final payment: 335 (days) Net increase of this Change Order: Substantial Completion: N/A Ready for final payment: 38 (days) Contract Times with all approved Change Orders: Substantial Completion: 305 Ready for final payment: 373 (days) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed~upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the co~ that the work quantities and value were properly determined and are correct. (' ~ ''-1'-1, lex, Date RECOMMENDED BY: ~ E R-Signature) ( E~:~ 191O-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. ..; t..l. -J/~O~ Date APPROVED~ ~j , OWNER (Authorized Signature) 1-IO~o7 Date H:I0417\040-03\DocumentsIChange Orders & WCD\Change Order #4 Docs & TransCB.doc rUlMORRISON ITiJ MAIERLE,INC. All Employe~Ow"ed ConrpllllY l~;:;:<;;:>'}:' ~.::<~~~~~ ': " . :~~?:>,:; '. . '." ...... I,,' ,;i:';;'n:Z~...,_C~:'-: . ..-... . . . .,:L . '.::,:'.," ITEM NO. DESCRIPTION SCHEDULE 2 - HYALlTE INTAKE 1 Trash Rack Hooks/Handles 2 Fish Ladder Baffle 3 Staff Gauge 4 Meter Vault Locking Lid 5 Weir Gate #15 Modification 6 Canal Gate #8 Controls Adjustment 7 Intake Bldg Roof Heat Tape CITY OF BOZEMAN -..':.~TRANSMISSIQN.'AINfJTp PROJECT '" 'Ie . CHANGE ORDER'NO~ 4 SUMMARY JUSTIFICATION These additional work items were requested by the Water Treatment Plant Superintent to improve the long-term operation and maintenace of the new facilities. 1 Snow Plow Guard wI Paint SCHEDULE 3 - HY ALlTE CONNECTION BLDG 2 Additional Flow Meter & Installation 3 Connection Bldg Roof Heat Tape The additional work items were requested by the Water Treatment Plant Superintent to improve the long-term operation and maintenace of the new facilities. INSTALLED QUANTITIES RECONCILIATION *** COST Materials I labor $ 72 .40 $ 70.22 $ 825.00 $ 561.76 $ 50.75 $ 122.89 $ 388.75 $ 122.89 $ 125.32 $ 315.99 $ 70.22 $ $ Subtotal $ 1,462.22 $ 1,263.96 $ OH&P (15%) 5% OH&P SCHEDULE 2 TOTAL $ 695.00 $ $ 7,261.73 $ Subtotal $ 7,956.73 $ OH&P (15%) 5% OH&P 438.88 $ 105.33 $ $ 544.21 $ SubContracts . ., ~->- . 'Pmi~~~ " : -,y,",!<~'~' - , , ;,' ',~'''' '" CONTRACT TIME (Days) $ 142.62 - $ 1 ,386.76 4* $ 173.64 0.25 $ 511.64 0.25 $ 441.31 3' 654.50 $ 724.72 1 3,715.00 $ 3,715.00 2 4,369.50 $ 7,095.68 $ 408.93 $ 218.48 $ 7,723.08 503.00 $ 1,636.88 4* 850.00 $ 8,217.06 21'* 3,751.00 $ 3,751.00 2 5,104.00 $ 13,604.94 $ 1,275.14 $ 255.20 $ 15,135.28 $ $ (48,717.00) 3,680.00 o (45,037.00) SCHEDULE 3 TOTAL SCHEDULE 1 TOTAL*" SCHEDULE 2 TOTAL '** ICHANGE ORDER NO.4 TOTAL SCHEDULE 3 TOTAl'** ITOTAL INSTALLED QUANTITIES RECONCILlATlON*** $ 38 * Additional Contract time allows some time for fabrication as well as installation. ** Additional Flow meter commissioned on Nov 13 (meter required a long delivery time and extended cable not delivered until Nov. 3) *** See attached Final Contract Reconciliation $ (22,178.64)l r-OlMORRISON CdJ MAIERLE,INc. Page 1 012 December 21, 2006 MMI PROJECT 041.040.03.050 . All EMpI.yu-Ow.d C..,..y BOZEMAN, MONTANA HY ALlTE TRANSMISSION MAIN .":<AN~~QNtRACT RECoNCILIATION' , ~';- <'" - ',-" " , ".....'-.; , December 5, 2006 Schedule 1 - HYALITE TRANSMISSION MAIN CONTRACT AMOUNT FINAL INSTALLEO INSTALLED QUANTITIES ITEM ~",IMA'~O NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT QUANTITY AMOUNT % DIFFERENTIAL 101 MOBILIZATION - DEMOBILIZATION (NO MORE THAN 3% OF BID 1 LS $75,000.00 $75,000.00 1 $75,000.00 100.00 SCHEDULE 1 TOTAL $0.00 102 TAXES, BONDS, AND INSURANCE 1 LS $68,000.00 $68,000.00 1 $68,000.00 100.00 $0.00 103 GENERAL REQUIREMENTS, COMPLETE 1 LS $95,000.00 $95,000.00 1 $95,000.00 100.00 $0.00 104 30-INCH D.1. PIPE C151 CL 150 1,500 LF $106.00 $159,000.00 1500 $159,000.00 100.00 $0.00 105 30-INCH 11.25' D.1. BEND 1 EA $2,500.00 $2,500.00 1 $2,500.00 100.00 $0.00 106 30-INCH 22.5' D.I. BEND 3 EA $2,500.00 $7,500.00 2 $5.000 00 66.67 $2,500.00 107 30-INCH 45' D.I. BEND 1 EA $2,600.00 $2,600.00 $0.00 0.00 $2.600.00 108 30-INCH X 1O-INCH BLOWOFF HYDRANT ASSEMBLY, COMPLETE 1 EA $7,000.00 $7,000.00 1 $7,000.00 100.00 $0.00 109 30-INCH X 24-INCH D.1. REDUCER 1 EA $2,000.00 $2,000.00 1 $2,000.00 100.00 $0.00 110 24-INCH D.I. PIPE, C151 CL200 21015 LF $84.00 $1,765,260.00 21027 $1,766,268.00 100.06 $1 008.00 111 24-INCH 11.25' D.I. BEND 6 EA $1,500.00 $9,000.00 8 $12,000.00 133.33 $3000.00 112 24-INCH 22.5' D.I. BEND 8 EA $1,800.00 $14,400.00 9 $16,200.00 112.50 $1 800.00 113 24-INCH 45' D.1. BEND 9 EA $1,800.00 $16,200.00 8 $14,400.00 88.89 $1,800.00 114 24-INCH 90' D.1. BEND 6 EA $2,000.00 $12,000.00 6 $12,000.00 100.00 $0.00 115 24-INCH BUTTERFLY VALVE 3 EA $5,500.00 $16,500.00 3 $16,500.00 100.00 $0.00 116 24-INCH X 8-INCH BLOWOFF HYDRANT ASSEMBLY, COMPLETE 2 EA $5,500.00 $11,000.00 2 $11,000.00 100.00 $0.00 117 6-INCH COMBINATION AIR VALVE WI VAULT. COMPLETE 6 EA $8,500.00 $51,000.00 6 $51,000.00 100.00 $0.00 118 72-INCH INSPECTION MANHOLE, COMPLETE 2 EA $7,000.00 $14,000.00 2 $14,000.00 100.00 $0.00 119 LOW PERMEABILITY TRENCH BACKFILL PLUGS 6 EA $300.00 $1,800.00 6 $1,800.00 100.00 $0.00 120 PIPELINE CORROSION PROTECTION 1 LS $170,000.00 $170,000.00 1 $170,000.00 100.00 $0.00 121 LANDSCAPE SODDING 1100 LF $25.00 $27,500.00 $0.00 0.00 527,500.00 122 SEEDING' 22000 LF $1.50 $33,000.0 17000 $25,500.00 77.27 -'-.18.(::.0.111:: ,', 123 WETLAND RESTORATION 1800 LF $1.50 $2,700.0 1800 $2,700.00 100.00 $0.00 124 LINED DITCH CROSSING RESTORATION 8 EA $400.00 $3,200.0 8 $3,200.00 100.00 $0.00 125 GRAVEL PUBLIC ROAD RESTORATION 1604 LF $13.00 $20,852.0 1634 $21,242.00 101.87 $390.00 126 ASPHALT PUBLIC ROAD RESTORATION 327 LF $26.00 $8,502.0 442 $11,492.00 135.17 $2 990.00 127 GRAVEL PRIVATE DRIVE ACCESS CROSSINGS 235 LF $35.00 $8,225.0 214 $7,490.00 91.06 $735.00 128 ASPHALT PRIVATE DRIVE ACCESS CROSSINGS 150 LF $45.00 $6,750.00 204 $9,180.00 136.00 $2,430.00 129 CONCRETE PRIVATE DRIVE ACCESS CROSSINGS 40 LF $70.00 $2,800.00 $0.00 0.00 $2.800.00 130 UNDERGROUND FACILITIES CROSSINGS 61 EA $200.00 $12,200.00 93 $18,600.00 152.46 $6,400.00 131 DIRECTED EXPLORATORY EXCAVATION - EXISTING TRANSMISSION 40 EA $120.00 $4,800.00 50 $6,000.00 125.00 MAIN $1,200.00 132 MISCELLANEOUS WORK 30000 $ $1.00 $30,000.00 $0.00 0.00 $30.000.00 133 CONTROL CABLE, IN PLACE 22515 LF $1.00 $22,515.00 22515 $22,515.00 100.00 $0.00 134 PIPE DELINEATOR, IN PLACE 41 EA $100.00 $4,100.00 41 $4,100.00 100.00 $0.00 SCH 1 ORIGINAL CONTRACT AMOUNT $2,686,904.00 BID ALTERNATE NO.1 1 LS $25,000.00 $25,000.00 0 $0.00 ~~in'~i1~;:' I - :~ $22,664.76 1 $22.664.76 100:00 . .. '. .;. , :~<>'.: '.: "sa:.ilil ~'7:319~ 14 $7.000.00 100.llO .. " ,:; :'.,' ......, 'l.F.. . El5e(} . $6,888,00 . '1QO.110 ',,~ -/ ~;\',:/A,,' '?:, 'ii '. ::it." '.(".." .... ,El5e(} - ~'. '. . . .. Qp2. .T~li!lii;AlrVliua~.;;;;:y.S $$.862.45 . 100.llO " ~. .. -- .....~" LS'. . 1 . .. Sub-Total of Schedule I $2,673,102.21 97.94 $48,717.00 . Bid Item 122 Quantity Reduced under C.O. #1 Item 11 ITEM NO. DESCRIPTION 201 MOBILIZATION-DEMOBILIZATION (NO MORE THAN 3% OF BID SCHEDULE 2 TOTAL PRICE 202 TAXES, BONDS, AND INSURANCE 203 GENERAL REQUIREMENTS, COMPLETE Schedule 2 . HYAUTE CREEK RAW WATER INTAKE CONTRACT AMOUNT PERFORMED TO DATE QUANTITY UNIT PRICE UNIT AMOUNT QUANTITY AMOUNT $28,000.00 $33,000.00 $40,000.00 $1 00 $80.00 LS LS LS LS SF $28,000.00 $33,000.00 $40,000.00 1,02\) 000, $1,200.00 .1 . 1. 1 61 $28,000.00 $33,000.00 $40,000.00 $1 012,414.2$ $4,880.00 1 1 1 :"1' 15 205 ADDITIONAL CEMENTITIOUS CONCRETE REPAIR SCHD 2 ORIGINAL CONTRACT AMOUNT $1,122,200.00 . Bid Item 204 Price Adjusted under C.O. #1. lor 59% oleO Item 6 + Item 13 (To $1, 012,414.26) .~ l' ..1 . .', .1.... LS LS '.L$.. LS.', '.: i.s $ 1 $6.332,00 1 $5,775.0!l ., 1 $2$,11~ 1 $8,591.13 c. 1..' t 1,723Jls: 1,172,891.62 Schedule 3 . HYALITE SUPPLY CONNeCTION BUILDING CONTRACT AMOUNT PERFORMED TO OA TE ITEM NO. DESCRIPTION QUANTITY 301 MOBILIZATION-DEMOBILIZATION (NO MORE THAN 3% OF BID SCHEDULE 3 TOTAL 302 TAXES, BONDS, AND INSURANCE 303 GENERAL REQUIREMENTS, COMPLETE UNIT UNIT PRICE AMOUNT QUANTITY AMOUNT LS $10,000.00 LS $15,000.00 LS $24,000.00 $10,000.00 $15,000.00 $24,000.00 $387685,1 co ~~<,-..::'- i(;<;..:~'~~~-. "':-"';-"":" ~ ....:_ SCHD 3 ORiGINAL CONTRACT AMOUNT '-~, , . Bid Item 304 Price Adjusted under C.O. #1, for 41% of CO Item 6 (To $387,685.14). Page 2 of 2 , % INSTALLED QUANTITIES DIFFERENTIAL ~ 100 100 100 100. 407 $0.00 $0.00 $0.00 .In<:t IJtC ,.' '. $3,680.00 % INSTALLED QUANTITIES OIFFERENTlAL 100 100 100 100 ':. "" ,,' $0.00 $0.00 $0.00 TOTAL ORIGINAL CONTRACT AMOUNT $4,273,104.00 Total Differential $45,037.00 SUMMARY CHANGE ORDER No.1 $5,176.22 CHANGE ORDER No,2 $14,596.47 CHANGE ORDER No.3 $80,529.01 CHANGE ORDER No.4* -$22.178.64 TOTAL EXECUTED CHANGE ORDERS $78,123.06 TOTAL ORIGINAL CONTRACT AMOUNT $78,123.06 $4.273.104.00 FINAL TOTAL CONTRACT AMOUNT $4,351,227.06 'C.O. #4 includes Quantities Differential