HomeMy WebLinkAbout04-15-19 City Commission Packet Materials - C3. Agreement with Central Excavation for BMX Park Storm Improvements
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Kyle Mehrens, Stormwater Program Coordinator
Andrea Surratt, City Manager
SUBJECT: Agreement with Central Excavation, Inc. in the amount of $70,824.00 for the construction of the BMX Park Storm Improvements
MEETING DATE: April 15, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign an Agreement with Central
Excavation, Inc. in the amount of $70,824.00 for the construction of the BMX Park Storm Improvements.
BACKGROUND: In 2014, the City Commission instructed Staff to implement a Stormwater
Division to manage public infrastructure, improve waterway health, and comply with
regulations. To date, Staff has completed projects and implemented programs to achieve set
goals. The BMX Park Storm Improvements (Project) is a continuation of these efforts.
The Project includes the rehabilitation and improvement of 244’ of drainage ditch located near the intersection of N. 4th Ave. and W. Peach St. Staff selected the Project’s location because the
current system is overgrown and degraded, resulting in flooding and adverse water quality
impacts. Staff will complete the Project on private property within two recently acquired utility
easements. Once constructed, the installed infrastructure will convey stormwater flowing from a 58-acre urban drainage basin and route the water into existing downstream infrastructure.
Staff solicited quotes from two contractors to meet the City’s Purchasing Policy for construction-
related work costing between $5,000 and $79,999. Central Excavation, Inc. submitted the low
quote of $70,824.00, which Staff reviewed and found consistent with local costs.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: Staff will pay for the Project with Stormwater Enterprise Funds approved
in the City’s FY19 Budget (Capital Plan Project STRM51).
Attachments: Agreement Project Quotes Project Drawings
Report compiled on April 4, 2019
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AGREEMENT
BMX Park Storm Improvements
THIS AGREEMENT is dated as of the day of ________ in the year 2019, by and between the
CITY OF BOZEMAN, hereinafter called OWNER, and Central Excavation, Inc., hereinafter called
CONTRACTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
project Work is generally described as follows: Installation of 244’ of 30” reinforced concrete
storm sewer and three concrete manholes near the intersection of W. Peach Street and N. 4th
Avenue, including excavation, material supply, installation, site restoration, traffic control, and
all other items incidental to construction.
Article 2. CONTRACT TIME.
2.1 The Work will be completed within 25 days after the date when the contract time
commences as provided in the General Conditions. Final payment will be withheld until
completion and acceptance of the Work, as stipulated in this Agreement.
2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in
this Agreement and that OWNER will suffer financial loss if the Work is not substantially
complete within the time specified above, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expense, and
difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered
by the OWNER if the Work is not substantially complete on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER five-hundred dollars ($
500.00) for each day that expires after the time specified herein until the Work is
substantially complete.
Article 3. CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR for the performance of the Work in accordance with the
Contract Documents the sum (subject to adjustment as provided in the Contract
Documents) of Seventy Thousand Eight Hundred Twenty Four Dollars ($70,824.00).
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Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance with the General Conditions.
Applications for payment will be processed as provided in the General Conditions.
4.1 Progress Payments. OWNER will make progress payments monthly on account of the
contract price on the basis of the CONTRACTOR'S application for payment as
recommended by ENGINEER. All progress payments will be on the basis of the progress
of the Work measured by the schedule of values provided for in the General Conditions.
4.1.1 The OWNER may retain five (5) percent of the amount due to the CONTRACTOR in
accordance with the General Conditions and as outlined herein.
4.2 Final Payment. Upon completion and acceptance of the Work in accordance with the
General Conditions, the OWNER shall pay the remainder of the contract price as
recommended by ENGINEER.
Article 5. INTEREST.
All monies not paid when due hereunder shall bear interest at the simple rate established by the
Federal Cost of Money Rate commencing at the time of a claim.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce the OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and federal, state and local
laws, ordinances, rules, and regulations that in any manner may affect cost, progress or
performance of the Work.
6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and
studies of such reports and related data in addition to those referred to above as they
deem necessary for the performance of the Work at the contract price, within the
contract time and in accordance with the other terms and conditions of the Contract
Documents, and no additional examinations, investigations, tests, reports or similar data
are or will be required by CONTRACTOR for such purposes.
6.3 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the Contract
Documents.
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6.4 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies
that they have discovered in the Contract Documents and the written resolution thereof
by ENGINEER is acceptable to CONTRACTOR.
6.5 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability in the performance of Work performed for the
city of Bozeman. This prohibition shall apply to the hiring and treatment of the
CONTRACTOR’S employees and to all subcontracts it enters into in performance of the
agreement with the City of Bozeman.
Article 7. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire Agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:
7.1 This Agreement
7.2 Invitation to Submit Quote
7.3 Quote Form
7.4 Non-Discrimination Affirmation Form
7.5 Payment Bond
7.6 Performance Bond
7.7 Certificates of Insurance
7.8 Standard General Conditions of the Construction Contract: Section C-700
7.9 Supplementary Conditions of the General Conditions: Section 00810
7.10 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further
amended by the City of Bozeman Modifications to MPWSS (by reference)
7.11 2019 Montana Prevailing Wage Rates
7.12 Special Provisions
7.13 Product Specifications
7.14 Measurement and Payment
7.15 Manhole Specifications
7.16 Standard Drawings
7.17 Standard Forms
7.18 Plans
There are no Contract Documents other than those listed above in this Article 7.
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The Contract Documents may only be altered, amended or repealed by a modification (as defined
in the General Conditions).
Article 8. GENERAL REQUIREMENTS.
8.1 CONTRACTOR Use of Premises. The CONTRACTOR shall confine their operations at the
site of the proposed work to within the right-of-way or construction easements
provided.
It shall be understood that the responsibility for protection and safekeeping of
equipment and materials on or near the site will be entirely that of the CONTRACTOR
and that no claim shall be made against the OWNER by reason of any act of an
employee or trespasser. It shall be further understood that should any occasion arise
necessitating access by the OWNER to the sites occupied by these stored materials and
equipment, the CONTRACTOR owning or responsible for the stored materials or
equipment shall immediately remove same. No materials or equipment may be placed
upon any private property until the property OWNER has agreed in
writing to the location contemplated by the CONTRACTOR to be used for storage.
8.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for
locating all existing underground installations, including service connections, in advance
of excavating or trenching, by contacting the OWNERS thereof and prospecting. The
CONTRACTOR shall use their information and shall not rely solely upon information
shown on the drawings concerning existing underground installations. The
CONTRACTOR shall repair all damage to existing utilities or property at their own
expense. The CONTRACTOR shall, at a minimum, call the "One-Call" utility locate system
(Phone: 1-800-424-5555) at least 72 hours in advance of starting construction.
Where excavation will be required adjacent to existing structures, the CONTRACTOR
shall be solely responsible for maintaining the structural integrity of the existing
structures. The CONTRACTOR shall take whatever means necessary to ensure that the
existing structure is not damaged and if necessary shall install sheet piling. The
CONTRACTOR shall repair all damage to the existing structures at their own expense.
Any fences destroyed during construction shall be repaired to the satisfaction of the
property owner. Any delay, additional work, or extra cost to the CONTRACTOR caused
by existing underground installations shall not constitute a claim for extra work,
additional payment or damages.
8.3 Protection of Existing Mailboxes, Curbs and Gutters, and Driveways, etc. The
CONTRACTOR shall take whatever means necessary to ensure that the existing
mailboxes, curbs and gutters and driveways, and other public or private improvements
are not damaged during construction. If it is necessary to remove or disturb mailboxes
during construction, the CONTRACTOR shall repair and restore the mailboxes at their
own expense to the satisfaction of the property owner. Any curb, gutter, or driveways
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damaged during construction, not noted to be replaced on the drawings, shall be
replaced by the CONTRACTOR at their own expense.
8.4 Surface Drainage: Water from such sources as surface runoff, dewatering, and flushing
of water lines during project construction shall not be allowed to enter into drainage
ways or open areas that will cause flooding of existing structures, street intersections, or
lawn areas.
8.5 Work Sequence: The CONTRACTOR shall schedule the work to minimize inconvenience
to the OWNER and adjacent property owners and to minimize interruptions to utility
service. This shall include minimizing obstruction to local traffic especially on dead end
streets. Work shall be scheduled so as to minimize disruptions to local mail delivery.
Close coordination will be required between the CONTRACTOR, OWNER, and COUNTY.
The utility service companies such as power, gas, telephone, and video shall be
contacted at least 72 hours in advance of when locating services will be required.
8.6 CONTRACTOR shall coordinate plant selection, installation and soil amendments with
the OWNER’S Landscape Designer and in accordance with the Bozeman City Hall
Landscape Planting Plan.
8.7 CONTRACTOR shall install and maintain proper barriers for the protection of all existing
trees on site.
Article 9. WARRANTY AND GUARANTEE.
9.1 If, within two years after acceptance of the work by the OWNER, any of the work is found
to be defective or not in accordance with the Contract Documents, and upon written
notice from the OWNER, the CONTRACTOR shall correct any work beginning within seven
(7) calendar days of said written notice. Should the CONTRACTOR fail to respond to the
written notice within the designated time, the OWNER may correct the work at the
expense of the CONTRACTOR.
9.2 CONTRACTOR warrants and guarantees to the OWNER that all Work will be in
accordance with the Contract Documents and will not be defective. Prompt notice of all
defects shall be given to the CONTRACTOR. All defective Work, whether or not in place,
may be rejected, corrected or accepted as provided in the Montana Public Works
Standard Specification, Sixth Edition (MPWSS).
9.3 CONTRACTOR is exempt from warranty should damage to the installed plant materials
occur due to vandalism, City employees or rodents within the two year warranty period
after acceptance of work by the OWNER.
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Article 10. TRAFFIC CONTROL.
10.1 CONTRACTOR shall conduct their work so as to interfere as little as possible with public
travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or
close roads and walks, the CONTRACTOR shall obtain approval of such actions from the
appropriate road agency and shall provide and maintain suitable and safe lighted
detours or other temporary expedients for the accommodation of public and private
travel in accordance with the current edition of the Manual on Uniform Control Devices
for Streets and Highways (MUTCD). The CONTRACTOR shall not occupy the work site or
initiate construction until all traffic control provisions are in place and the OWNER has
been so notified.
10.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City,
County, State, and Federal regulations to protect the public on these streets and roads.
10.3 Barricades and Lights. Prior to the start of construction across roads or walks, all
construction permits shall be obtained, utility companies notified, and traffic patterns,
signing, the location of flagmen, barricades and other safety measures arranged.
Providing and maintaining safety barricades, and other worksite safety measures shall
be the responsibility of the CONTRACTOR and shall be included in the contract price.
The CONTRACTOR shall cooperate and coordinate their methods with the OWNER'S
traffic control plans prior to the disruption of the normal flow of any traffic.
All open trenches and other excavations shall be provided with suitable barriers, signs,
and lights to the extent that adequate protection is provided to the public. Obstructions,
such as material piles and equipment, shall be provided with similar warning signs and
lights.
All barricades and obstructions shall be illuminated by means of warning lights from
sunset to sunrise. Materials stored upon or alongside public streets and highways shall
be provided with similar warning signs and lights.
All barricades, signs, lights and other protective devices shall be installed and
maintained in conformity with applicable statutory requirements and, where within
railroad and highway right-of-way, as required by the authority having jurisdiction
thereover.
Work performed within property under the OWNER'S jurisdiction shall have all
barricades, signs, lights and protective devices installed and maintained.
Article 11. STATE LAWS AND REGULATIONS.
11.1 All applicable laws, ordinances and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout.
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11.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be
considered that do not carry the Bidder's Certificate of the CONTRACTOR'S
registration number on the envelope containing the Bid and on the Bid.
Information pertaining to the Montana Contractors registration requirements
may be obtained from the Montana State Department of Revenue, Helena,
Montana. (1-800-556-6694)
11.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS
RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the OWNER shall
withhold, in addition to other amounts withheld as provided by law or specified
herein, 1 percent (1%) of all payments due the Contractor and shall transmit
such moneys to the Montana Department of Revenue.
11.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws
in force in Montana and to the responsibility of the OWNER for the collection of
premiums thereunder. The CONTRACTOR'S compliance with said laws is required
and shall relieve the OWNER of any responsibility for payment of premiums
thereunder and shall furnish the OWNER with satisfactory evidence showing that
all premiums arising from this contract have been paid before payment is made
on the final estimate.
11.1.4 LOCAL LABOR Contractor shall give preference to the employment of Montana
residents in accordance with applicable portions of Title 18, Chapter 2, Part 4,
MCA.
11.1.5 PREVAILING WAGE RATES On all projects and contracts with the Owner in excess
of $25,000.00, Contractor and all subcontractors shall pay for all labor employed
the standard prevailing rate of wages. The standard prevailing rate of wages as
used herein means that standard prevailing rate of wages in the locality where
the work is to be performed as determined by the Montana Commissioner of
Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and
subcontractors are directed to the Montana Commissioner of Labor for
information on the standard prevailing rate of wages applicable to this contract
within this area.
Article 12. PERFORMANCE AND PAYMENT BONDS.
The CONTRACTOR shall furnish a Performance Bond and a Payment Bond in favor of the
OWNER each in an amount equal to one-hundred Percent (100%) of the Agreement amount.
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Article 13. INSURANCE.
13.1 Without limiting any of the other obligations or liabilities of the CONTRACTOR,
CONTRACTOR shall secure and maintain such insurance from an insurance company (or
companies) authorized to write insurance in the State of Montana, with minimum "A.M.
Best Rating" of B+, VI, as will protect himself, their subcontractors, the Owner and their
respective agents and employees from claims for bodily injury, death or property
damage which may arise from operations and completed operations under this
Agreement. Such coverage shall be written for claims arising out of all premises/
operations, sub-contracted operations, products/completed operations, and all liability
assumed by the CONTRACTOR under any contract or agreement. CONTRACTOR shall not
commence work under this Agreement until such certified copies of the insurance policy
shall have been filed with the OWNER. The City of Bozeman shall be named as additional
insured on any insurance certificates.
13.2 All insurance coverages shall remain in effect throughout the life of the Agreement.
13.3 Each insurance policy shall contain a clause providing that it will not be canceled by the
insurance company without 30 days written notice to the OWNER and Engineer of
intention to cancel. The minimum amounts of such insurance coverages being as per
Section SC-5.04, Supplementary Conditions to the General Conditions, Montana Public
Works Standard Specifications, Sixth Edition, and included herein:
SC – 5.04 CONTRACTOR’S LIABILITY INSURANCE
13.3.1 Add the following new paragraphs immediately after Paragraph 5.04.B:
a. The limits of liability for the insurance required by Paragraph 5.04 of
the General Conditions shall provide coverage for not less than the
following amounts or greater where required by Law or Regulations:
1. Workers’ Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the
General Conditions.
a. State: Statutory
b. Applicable Federal (e.g. Longshoreman's): Statutory
c. Employer’s Liability: $500,000.00
2. Contractor’s Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6
of the General Conditions which shall also include completed operations and
product liability coverage.
a. General Aggregate: $3,000,000.00
b. Products-Completed Operations Aggregate: $3,000,000.00
c. Personal and Advertising
d. Each Occurrence (Bodily Injury and Property Damage): $1,000,000.00
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e. Coverage will include:
i. Premises - Operations
ii. Operations of Independent Contractor
iii. Contractual Liability
iv. Personal Injury
v. Products and Completed Operations
vi. Broad Form Property Damage will include an explosion,
collapse, blasting and underground where applicable.
vii. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury:
i. Each Person: $500,000.00
ii. Each Accident: $1,000,000.00
iii. Property Damage:
iv. Each Accident: $1,000,000.00
(or)
b. Combined Single Limit: $1,000,000.00
c. Coverage to Include
i. All Owned
ii. Hired
iii. Non-Owned
4. Contractor’s Liability Insurance under 5.04.A.3 through 5.04.A.6 may be
satisfied by primary insurance or a combination of primary and excess or
umbrella insurance. Primary occurrence limit cannot be less than
$1,000,000.00. A deductible not to exceed $5,000.00 per occurrence on
property damage.
5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General
Conditions as follows:
a. The Contractor’s insurance coverage shall name the Owner, and
Engineer and Engineer’s Consultants as an additional insured under
Commercial General Liability, Automobile Liability, Excess or Umbrella
policies.
6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the
General Conditions shall provide coverage for not less than the following
amounts:
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a. 6.1 Each Occurrence $ 1,000,000.00
b. 6.2 Aggregate $ 3,000,000.00
Article 14. MISCELLANEOUS.
14.1 Terms used in this Agreement which are defined in the General Conditions shall have
the meanings indicated in the General Conditions of the Montana Public Works
Standard Specifications, Sixth Edition.
14.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the OWNER and the CONTRACTOR respectively and their partners,
successors, assigns, and legal representatives. Neither the OWNER nor the
CONTRACTOR shall have the right to assign, transfer or sublet their interest or
obligations hereunder without the written consent of the other party. The Owner
reserves the right to withdraw at any time from any subcontractor whose work has
proven unsatisfactory the right to be engaged in or employed upon any part of the
Work.
14.3 In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing party or the party has given notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-
house counsel.
14.4 Any amendment of modifications of this Agreement or any provisions herein shall be
made in writing and executed in the same manner as this original document and shall
after execution become a part of the Agreement.
14.5 CONTRACTOR hereby agrees to indemnify, defend, and hold the OWNER harmless from
all claims and liability due to the activities of CONTRACTOR, their agents, employees, or
both, in performing the work required.
14.6 CONTRACTOR is and shall perform this agreement as an independent contractor, and as
such, is responsible to the OWNER only as to the results to be obtained in the work
herein specified, and to the extent that the work shall be done in accordance with the
terms, plans and specifications. The CONTRACTOR shall have and maintain complete
control over all of its employees, subcontractors, agents, and operations, being
responsible for any required payroll deductions and providing required benefits, such
as, but not limited to, workman's compensation and unemployment insurance.
14.7 CONTRACTOR agrees not to discriminate in the fulfillment of this Agreement on the
basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or
perceived sexual orientation, gender identity or disability. The Contractor agrees this
requirement shall apply to the hiring and treatment of the Contractor’s employees and
to all subcontracts.
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Article 15. CITY OF BOZEMAN BUSINESS LICENSE.
All Contractors conducting work within the City of Bozeman are required to have a current
Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse
Avenue, Bozeman, Montana.
Article 16. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL.
CONTRACTOR is responsible for proper disposal of all waste soils and materials unless
otherwise directed herein. Where waste materials are disposed on private property not owned
by the CONTRACTOR, evidence of property owner's written permission shall be obtained and
provided to the OWNER. CONTRACTOR shall comply with all local, state, and federal laws and
regulations pertaining to erosion control, fill in wetlands, and floodplains. The CONTRACTOR
shall dispose of all refuse and discarded material in an approved location.
CONTRACTOR shall exercise every reasonable precaution throughout the life of the project to
prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals,
fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into
or alongside rivers, streams, impoundments or into natural or manmade channels leading
thereto. In addition, the CONTRACTOR shall conduct and schedule their operations to avoid
muddying or silting of rivers, streams or impoundments. The CONTRACTOR shall meet the
requirements of the applicable regulations of the Department of Fish, Wildlife and Parks,
Department of Environmental Quality, City of Bozeman and other local, State, or Federal
regulations relating to the prevention or abatement of water pollution and siltation.
CONTRACTORS specific attention is directed to the Montana Water Pollution Control Act and
the Montana Stream Preservation Act. The CONTRACTOR shall be responsible for obtaining any
required discharge permits associated with erosion control and groundwater dewatering
operations. CONTRACTOR'S responsibility shall include all cleanup, restoration, etc., of any
detention or discharge areas.
** End of Agreement Except for Signatures**
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
CENTRAL EXCAVATION, INC. (CONTRACTOR)
By: ____________________
Title: ____________________
Signature: ____________________
(JOINT VENTURE)
By: ____________________
Title: ____________________
Signature: ____________________
CITY OF BOZEMAN (OWNER)
By: Andrea Surratt
Title: City Manager Seal:
Signature: ____________________
APPROVED AS TO FORM:
By: Greg Sullivan
Attest:
Title: City Attorney
Signature: ____________________
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111111QUOTE FORMBMX Park Storm ImprovementsTO:Stormwater DivisionP.O. Box 1230Bozeman, Montana 59771-1230THE UNDERSIGNED CONTRACTOR, having familiarized themselves with the work required by theContract Documents, the site(s) where the work is to be performed, local labor conditions and all laws,regulations, municipal ordinances and other factors which may affect the performance of the work,and having satisfied themselves of the expense and difficulties attending performance of the work.HEREBY PROPOSES AND AGREES, if this quote is accepted, to enter into an Agreement, in the formattached, to perform all work for the construction of the BMX Park Storm Improvements, including theassumption of all obligations, duties, and responsibilities necessary for the successful completion of thecontract and the furnishing of all materials and equipment required to be incorporated in, and form apermanent part of, the work; tools, equipment, supplies, transportation, facilities, labor,superintendence, and services required to perform the work; bonds, insurance and submittals; all asindicated or specified in the Contract Documents to be performed or furnished by the Contractorwithin the time and for the prices set forth in the following schedules.The undersigned Contractor agrees to be bound by this quote for a period not to exceed that specifiedin the Invitation to Submit Quote.The undersigned Contractor agrees to furnish the required bonds and to enter into a contract withinfifteen (15) calendar days after the City of Bozeman's acceptance of this quote and further agrees tocomplete all work within the time specified per schedule after the commencement of the contract timeas defined in the General Conditions.The allowed contract time is 25 calendar days.Where multiple schedules are awarded under a single contract, the contract times shall runconcurrently unless separate notices to proceed are issued for the awarded schedules.Liquidated Damages shall be as specified in the Agreement Form.The undersigned Contractor agrees that the unit prices shall govern in checking the quote, and should adiscrepancy exist in the total prices and total amount of quote as listed above, after extensions arechecked and corrections made, if any, the total amount of the quote as corrected shall be used inawarding the contract.The undersigned Contractor agrees that they have been afforded access to the construction site andhas performed those independent site investigations as they deemed necessary.The undersigned Contractor hereby certifies the following:Section 003QUOTE FORMPage 1 of 424
11i111A) That this quote is genuine and is not made in the interest of, or on behalf of, any undisclosedperson, firm, or corporation, and is not submitted in conformity with any agreement or rules ofany group, association, organization, or corporation;B) That they have not directly or indirectly solicited any other Contractor to put in a false quote;C) That they have not solicited or induced any person, firm, or corporation to refrain from quoting;D) That they have not sought by collusion to obtain for themselves any advantage over any otherContractor or over the City of Bozeman.E) That they are not currently operating beyond the contract time on any previously awarded publicworks contract as defined and required by Article 15-50-203, MCA, as amended.The undersigned Contractor either singularly or as a joint venture hereby certifies (certify) pursuant toArticle 37-71-203, MCA, that they are duly and regularly licensed.The Contractor agrees to perform all the work described in the Contract Documents for the followingunit prices:QUOTE SCHEDULESchedule 1: General conditions, stormwater improvements, and miscellaneous work.ItemDescriptionUnitUnit PriceEstimatedQuantityTotalEstimatedPrice101 I Taxes, Bonds, and InsuranceL.S.1^00'y^—102 | MobilizationL.S.^1iw£-_^/c^oOS—1^.cw4/e_103Remove and Dispose of ExistingConcrete Retaining WallsL.S./^^a&-1/_AW<^104Remove Existing 30" CM P PipeL.F.^0^G-201,^0^_105 | Install 30" Class 3 RCP PipeL.F.l^^s-244-^.(\^106 | Install 72" Storm ManholeEach'5/^'cc<?a-107Connect 8" PVC StormEach108Grout SDMH#2 Flow ChannelL.S.^^3^1/^0^ye-l,Q^o^-^ZX)1Sexy0«>109Import Backfill and Grade SiteC.Y.//^^350110Restore Site and Apply HydroseedL.S.^3oo^1^%b^Ill I Miscellaneous WorkEach/,$1.005,000^3W^$5,000.00TOTAL SCHEDULE 1 QUOTE$ ^.E^/^-^(.t/f^i-Y -i-A.ito.^^^ ^-,(A// AqnA^/'~<-(/ h^f^i^-hur-^l/lg/'-s d/v'(TOTAL SCHEDULE 1 QUOTE-WRITTEN WORDS) ^vov-e^Section 003QUOTE FORMPage 2 of 425
11I1'11Basis of Award:If the contract is awarded, the City of Bozeman will award a single Contract in accordance with theInstructions for Contractors. Contractors shall submit a quote for all items on a unit price basis for eachitem of work listed as provided and described above. The City of Bozeman reserves the right to acceptor reject the quotes, or portions of the quotes denoted as separate schedules or alternates. The awardwill be made by the City of Bozeman on the basis of that quote from the lowest responsive, responsibleContractor which, in the City of Bozeman's sole and absolute judgment, will best serve the interest ofthe City of Bozeman. The low Contractor will be determined on the basis of the lowest combined TotalSchedule 1 Quote.The undersigned Contractor acknowledged receipt of the following Addenda, which have beenconsidered in preparation of this quote:No.:Dated:No.:Dated:No.:Dated:No.:Dated:^(-<^rrkSubmitted this ^T^'day of.-^/FA/ ^^»A//n^ Tl, 2019.Name of Company:A/r.Name of Contractor (print): ^,\//r/J Wai3/^Signature of ContractorMontana Contractor Registr'alion Number: f{T^ A//^ 3If an individual:doing business as:_If a Partnership:.byI_, partneri}If a Corporation: Ce^f^^{'^fca\r^ IfDfi,(a) CorpafJ,,/^/by /f^^^^^—^—^Title f^/c-r t^C^Jf^Section 003QUOTE FORMPage 3 of 426
11'I1111]1Business Address of Contractor:^~? r^s, r^Js ^^4(J^ HT^ ^7^1~rIf Contractor is a joint venture, other party must sign below:Montana License Number and Class:If an Individual:business as:If a Partnership:By:If a Corporation:(a)_by.doingPartnercorporationTitle:i11Section 003QUOTE FORMPage 4 of 427
11IIQUOTE FORMBMX Park Storm ImprovementsTO:Stormwater DivisionP.O. Box 1230Bozeman, Montana 59771-1230THE UNDERSIGNED CONTRACTOR, having familiarized themselves with the work required by theContract Documents, the site(s) where the work is to be performed, local labor conditions and all laws,regulations, municipal ordinances and other factors which may affect the performance of the work,and having satisfied themselves of the expense and difficulties attending performance of the work.HEREBY PROPOSES AND AGREES, if this quote is accepted, to enter into an Agreement, in the formattached, to perform all work for the construction of the BMX Park Storm Improvements, including theassumption of all obligations, duties, and responsibilities necessary for the successful completion of thecontract and the furnishing of all materials and equipment required to be incorporated in, and form apermanent part of, the work; tools, equipment, supplies, transportation, facilities, labor,superintendence, and services required to perform the work; bonds, insurance and submittals; all asindicated or specified in the Contract Documents to be performed or furnished by the Contractorwithin the time and for the prices set forth in the following schedules.The undersigned Contractor agrees to be bound by this quote for a period not to exceed that specifiedin the Invitation to Submit Quote.The undersigned Contractor agrees to furnish the required bonds and to enter into a contract withinfifteen (15) calendar days after the City of Bozeman's acceptance of this quote and further agrees tocomplete all work within the time specified per schedule after the commencement of the contract timeas defined in the General Conditions.The allowed contract time is 25 calendar days.Where multiple schedules are awarded under a single contract, the contract times shall runconcurrently unless separate notices to proceed are issued for the awarded schedules.Liquidated Damages shall be as specified in the Agreement Form.The undersigned Contractor agrees that the unit prices shall govern in checking the quote, and should adiscrepancy exist in the total prices and total amount of quote as listed above, after extensions arechecked and corrections made, if any, the total amount of the quote as corrected shall be used inawarding the contract.The undersigned Contractor agrees that they have been afforded access to the construction site andhas performed those independent site investigations as they deemed necessary.The undersigned Contractor hereby certifies the following:Section 003QUOTE FORMPage 1 of 428
111111IA) That this quote is genuine and is not made in the interest of, or on behalf of, any undisclosedperson, firm, or corporation, and is not submitted in conformity with any agreement or rules ofany group, association, organization, or corporation;B) That they have not directly or indirectly solicited any other Contractor to put in a false quote;C) That they have not solicited or induced any person, firm, or corporation to refrain from quoting;D) That they have not sought by collusion to obtain for themselves any advantage over any otherContractor or over the City of Bozeman.E) That they are not currently operating beyond the contract time on any previously awarded publicworks contract as defined and required by Article 15-50-203, MCA, as amended.The undersigned Contractor either singularly or as a joint venture hereby certifies (certify) pursuant toArticle 37-71-203, MCA, that they are duly and regularly licensed.The Contractor agrees to perform all the work described in the Contract Documents for the followingunit prices:QUOTE SCHEDULESchedule 1: General conditions, stormwater improvements, and miscellaneous work.ItemDescriptionUnitUnit PriceEstimatedQuantityTotalEstimatedPrice101 I Taxes, Bonds, and InsuranceL.S.3Soo13^°'102 | MobilizationL.S.6f0oo~1^ooo103Remove and Dispose of ExistingConcrete Retaining WallsL.S.ISCXD-1;S^o-~104Remove Existing 30" CMP PipeL.F.3.^20^00105 | Install 30" Class 3 RCP PipeL.F.1^0'244^^0106 | Install 72" Storm ManholeEach(sOoo '3/gc»c?o107 | Connect 8" PVC StormEach1£'€>0~1/^•oo-108Grout SDMH#2 Flow ChannelL.S.s^'1S-OQ109Import Backfill and Grade SiteC.Y.If350s^s-o110Restore Site and Apply HydroseedL.S.y.c?^o'1^e?<s>oIll I Miscellaneous WorkEach$1.005,000$5,000.00TOTAL SCHEDULE 1 QUOTE$ ^3>03>0^^M(TOTAL ^HEDULE 1 QUOTE - WRITTEN WORDS)-tL^ ^r-Section 003QUOTE FORMPage 2 of 429
Basis of Award:If the contract is awarded, the City of Bozeman will award a single Contract in accordance with theInstructions for Contractors. Contractors shall submit a quote for all items on a unit price basis for eachitem of work listed as provided and described above. The City of Bozeman reserves the right to acceptor reject the quotes, or portions of the quotes denoted as separate schedules or alternates. The awardwill be made by the City of Bozeman on the basis of that quote from the lowest responsive, responsibleContractor which, in the City of Bozeman's sole and absolute judgment, will best serve the interest ofthe City of Bozeman. The low Contractor will be determined on the basis of the lowest combined TotalSchedule 1 Quote.The undersigned Contractor acknowledged receipt of the following Addenda, which have beenconsidered in preparation of this quote:No.:Dated:No.:Dated:No.:Dated:No.:Dated:Submitted this /3 day of /^<^r-&^,2019.Name of Company: Oi^tiJv/ C?t(<;Ai/d41 an ^(JIUI,>L'<<> T^<-.Name of Contractor (print): 8i//o^ ^r)/n/LSignature of Contractor /C?^A——|Montana Contractor Registration Number: 3t7^6^If an individual:doing business as:.If a Partnership:-by_, partner1If a Corporation: G?I^IC/<LA,/ ^^c^y*^*^ ^-Ui<li^/o/(a) C./^i<'<,\ lt>^t,irt^f5by ^yroi^ (^^M^dL^/Title P^r( l^*n^Section 003QUOTE FORMPage 3 of 430
nnn111]1i]]]]Business Address of Contractor: 6 S ^ /^7o*. »>;>.<» ^>^ ^IT7^^^ nnr 5^^1If Contractor is a joint venture, other party must sign below:Montana License Number and Class:If an Individual:business as:If a Partnership:By:If a Corporation:(a)_by.Title:doingPartnercorporationSection 003QUOTE FORMPage 4 of 431
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