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HomeMy WebLinkAbout08-05-19 City Commission Packet Materials - C9. Agreement with Central Excavation for Church Street Stormwater Improvements Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kyle Mehrens, Stormwater Program Coordinator Mitch Reister, Director of Public Works SUBJECT: Agreement with Central Excavation, Inc. in the amount of $71,250.00 for construction of the Church Street Stormwater Improvements MEETING DATE: August 5, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign an Agreement with Central Excavation, Inc. in the amount of $71,250.00 for construction of the Church Street Stormwater Improvements. BACKGROUND: In 2014, the City Commission instructed Staff to implement a Stormwater Division (Division) that works to manage public infrastructure, improve waterway health, and comply with environmental regulations. Since, Staff has completed projects and implemented administrative programs to achieve set goals. The Church Street Stormwater Improvements (Project) is a continuation of these efforts. The Project includes the construction of a stormwater treatment unit near the intersection of E. Main St. and S. Church Ave. Staff selected the unit’s location because the roads, parking lots, yards, and driveways contained within its urban watershed have a direct connection to Bozeman Creek, meaning no removal of stormwater pollutants currently occurs. Once constructed, the unit will treat stormwater flowing from 40 urban acres, and collect approximately six tons of sediment, litter, and other pollutants annually. Similar units already installed by the City prevented a combined total of 51 tons of debris from dumping into local waterways in 2018. This additional amount will bring the City closer to achieving its stormwater pollutant removal requirement set by the Montana Department of Environmental Quality. Staff solicited quotes from two contractors to meet the City’s Purchasing Policy for work costing between $5,000 and $79,999. Central Excavation, Inc. submitted the low quote of $71,250.00, 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 Division enterprise funds approved in the City’s FY19 Budget (FY19 Capital Plan Project STRM39). Attachments: Agreement Project Quotes Project Drawings Report compiled on July 23, 2019 96 AGREEMENT FORMChurch Street Stormwater Improvementsin the year 2019, by and between CITYTHIS AGREEMENT is dated as of the _ day of.OF BOZEMAN, hereinafter called OWNER, and Central Excavation, Inc. hereinafter calledCONTRACTOR.OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agreeas follows:Article 1.WORK.CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. Theproject Work is generally described as follows: Installation of a stormwater treatment unit nearthe intersection of East Main Street and South Church Avenue, including supplying and installingthe treatment unit, 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 timecommences to run as provided in the General Conditions. Final payment will be withhelduntil final 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 inthis Agreement and that OWNER will suffer financial loss if the Work is not substantiallycomplete within the time specified above, plus any extensions thereof allowed inaccordance with the General Conditions. They also recognize the delays, expense anddifficulties involved in proving, in a legal or arbitration proceeding, the actual loss sufferedby OWNER if the Work is not substantially complete on time. Accordingly, instead ofrequiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages fordelay (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 issubstantially complete.!Article 3.CONTRACT PRICE.3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with theContract Documents the sum of (subject to adjustment as provided in the ContractDocuments) Seventy One Thousand Two Hundred and Fifty Dollars ($71,250.00).Section 006AGREEMENT FORMPage 1 of 1297 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 thecontract price on the basis of CONTRACTOR'S application for payment as recommendedby ENGINEER. All progress payments will be on the basis of the progress of the Workmeasured 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 the CONTRACTOR inaccordance with the General Conditions and as outlined herein.4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with theGeneral Conditions, OWNER shall pay the remainder of the contract price asrecommended by ENGINEER.Article 5.INTEREST.All monies not paid when due hereunder shall bear interest at the simple rate established by theFederal Cost of Money Rate commencing at the time of a claim.Article 6.CONTRACTOR'S REPRESENTATIONS.In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the followingrepresentations:6.1 CONTRACTOR has familiarized himself with the nature and extent of the ContractDocuments, 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 orperformance of the Work.6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests andstudies of such reports and related data in addition to those referred to above as theydeem necessary for the performance of the Work at the contract price, within thecontract time and in accordance with the other terms and conditions of the ContractDocuments, and no additional examinations, investigations, tests, reports or similar dataare 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 ContractDocuments.Section 006AGREEMENT FORMPage 2 of 1298 6.4 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepanciesthat they have discovered in the Contract Documents and the written resolution thereofby 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 sexualorientation, gender identity or disability in the performance of Work performed for thecity of Bozeman. This prohibition shall apply to the hiring and treatment of theCONTRACTOR'S employees and to all subcontracts it enters into in performance of theagreement with the City of Bozeman.Article 7.CONTRACT DOCUMENTS.The Contract Documents which comprise the entire Agreement between OWNER andCONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:7.1 This Agreement7.2 Certificates of Insurance and Performance and Payment Bonds7.3 Supplementary Conditions of the General Conditions7.4 Special Provisions7.5 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as furtheramended by the City of Bozeman Modifications to MPWSS (by reference)7.6 Notice to Proceed7.7 Plans and SpecificationsThere are no Contract Documents other than those listed above in this Article 7.The Contract Documents may only be altered, amended or repealed by a modification (as definedin the General Conditions).Article 8. GENERAL REQUIREMENTS.8.1 CONTRACTOR Use of Premises. The CONTRACTOR shall confine his operations at site ofthe proposed work to within the right-of-way or construction easements provided.It shall be understood that the responsibility for protection and safekeeping ofequipment and materials on or near the site will be entirely that of the CONTRACTORand that no claim shall be made against the OWNER by reason of any act of anemployee or trespasser. It shall be further understood that should any occasion arisenecessitating access by the OWNER to the sites occupied by these stored materials andequipment, the CONTRACTOR owning or responsible for the stored materials orequipment shall immediately remove same. No materials or equipment may be placedupon any private property until the property OWNER has agreed inwriting to the location contemplated by the CONTRACTOR to be used for storage.Section 006AGREEMENT FORMPage 3 of 1299 8.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for locatingall existing underground installations, including service connections, in advance ofexcavating or trenching, by contacting the OWNERS thereof and prospecting. TheCONTRACTOR shall use his own information and shall not rely solely upon informationshown on the drawings concerning existing underground installations. The CONTRACTORshall repair all damage to existing utilities or property at his own expense. TheCONTRACTOR 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 CONTRACTORshall be solely responsible to maintain the structural integrity of the existing structures.The CONTRACTOR shall take whatever means necessary to insure that the existingstructure is not damaged and if necessary shall install sheet piling. The CONTRACTORshall repair all damage to the existing structures at his own expense. Any fencesdestroyed during construction shall be repaired to the satisfaction of the propertyowner. Any delay, additional work, or extra cost to the CONTRACTOR caused by existingunderground installations shall not constitute a claim for extra work, additionalpayment or damages.8.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways, etc. TheCONTRACTOR shall take whatever means necessary to insure that the existing mailboxes,curbs and gutters and driveways, and other public or private improvements are notdamaged during construction. If it is necessary to remove or disturb mailboxes duringconstruction, the CONTRACTOR shall repair and restore the mailboxes at his own expenseto the satisfaction of the property owner. Any curb, gutter, or driveways damaged duringconstruction, not noted to be replaced on the drawings, shall be replaced by theCONTRACTOR at his own expense.8.4 Surface Drainage: Water from such sources as surface runoff, dewatering and flushing ofwater lines during project construction shall not be allowed to enter into drainage waysor open areas that will cause flooding of existing structures, street intersections, or lawnareas.8.5 Work Sequence: The CONTRACTOR shall schedule the work to minimize inconvenienceto the OWNER and to adjacent property owners and to minimize interruptions to utilityservice. This shall include minimizing obstruction to local traffic especially on dead endstreets. 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 becontacted at least 72 hours in advance of when locating of services will be required.Section 006AGREEMENT FORMPage 4 of 12100 8.6 CONTRACTOR shall coordinate plant selection, installation and soil amendments withthe OWNER'S Landscape Designer and in accordance with the Bozeman City HallLandscape Planting Plan.8.7 CONTRACTOR shall install and maintain proper barriers for the protection of all existingtrees 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 foundto be defective or not in accordance with the Contract Documents, and upon writtennotice form 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 thewritten notice within the designated time, the OWNER may correct the work at theexpense of the CONTRACTOR.9.2 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordancewith the Contract Documents and will not be defective. Prompt notice of all defectsshall be given to CONTRACTOR. All defective Work, whether or not in place, may berejected, corrected or accepted as provided in the Montana Public Works StandardSpecification, Sixth Edition (MPWSS).9.3 CONTRACTOR is exempt from warranty should damage to the installed plant materialsoccur due to vandalism. City employees or rodents within the two year warranty periodafter acceptance of work by the OWNER.Article 10. Traffic Control.10.1 CONTRACTOR shall conduct his work so as to interfere as little as possible with publictravel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, orclose roads and walks, the CONTRACTOR shall obtain approval of such actions from theappropriate road agency and shall provide and maintain suitable and safe lighteddetours or other temporary expedients for the accommodation of public and privatetravel in accordance with the current edition of the Manual on Uniform Control Devicesfor Streets and Highways (MUTCD). The CONTRACTOR shall not occupy the work site orinitiate construction until all traffic control provisions are in place and the OWNER hasbeen 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, allconstruction permits shall be obtained, utility companies notified, and traffic patterns,signing, location of flagmen, barricades and other safety measures arranged. ProvidingSection 006AGREEMENT FORMPage 5 of 12101 and maintaining safety barricades, and other work site safety measures shall be theresponsibility of the CONTRACTOR and shall be included in the contract price. TheCONTRACTOR shall cooperate and coordinate his methods with the OWNER'S trafficcontrol 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 andlights.All barricades and obstructions shall be illuminated by means of warning lights fromsunset to sunrise. Materials stored upon or alongside public streets and highways shallbe provided with similar warning signs and lights.All barricades, signs, lights and other protective devices shall be installed andmaintained in conformity with applicable statutory requirements and, where withinrailroad and highway right-of-way, as required by the authority having jurisdictionthereover.Work performed within property under the OWNER'S jurisdiction shall have allbarricades, 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 havingjurisdiction over construction of the project shall apply to the contract throughout.11.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will beconsidered that do not carry the Bidder's Certificate of the CONTRACTOR'Sregistration number on the envelope containing the Bid and on the Bid.Information pertaining to the Montana Contractors registration requirementsmay be obtained from the Montana State Department of Revenue, Helena,Montana. (1-800-556-6694)11.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSSRECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the OWNER shallwithhold, in addition to other amounts withheld as provided by law or specifiedherein, 1 percent (1%) of all payments due the Contractor and shall transmitsuch moneys to the Montana Department of Revenue.11.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance lawsin force in Montana and to the responsibility of the OWNER for the collection ofpremiums thereunder. The CONTRACTOR'S compliance with said laws is requiredand shall relieve the OWNER of any responsibility for payment of premiumsSection 006AGREEMENT FORMPage 6 of 12102 1thereunder and shall furnish the OWNER with satisfactory evidence showing thatall premiums arising from this contract have been paid before payment is madeon the final estimate.111.1.4 LOCAL LABOR Contractor shall give preference to the employment of Montanaresidents 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 inexcess of $25,000.00, Contractor and all subcontractors shall pay for all laboremployed the standard prevailing rate of wages. The standard prevailing rate ofwages as used herein means that standard prevailing rate of wages in the localitywhere the work is to be performed as determined by the MontanaCommissioner of Labor pursuant to MCA 18-2-402 and as bound herein. TheContractor and subcontractors are directed to the Montana Commissioner ofLabor for information on the standard prevailing rate of wages applicable to thiscontract within this area.Article 12. PERFORMANCE AND PAYMENT BONDS.The CONTRACTOR shall furnish a Performance Bond and a Payment Bond in favor of theOWNER each in an amount equal to one-hundred Percent (100%) of the Agreement amount.Article 13. INSURANCE.Without limiting any of the other obligations or liabilities of the CONTRACTOR, CONTRACTORshall 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, his subcontractors, the Owner and their respective agents andemployees from claims for bodily injury, death or property damage which may arise fromoperations and completed operations under this Agreement. Such coverage shall be written forclaims arising out of all premises/ operations, sub-contracted operations, products/completedoperations, 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 theinsurance policy shall have been filed with the OWNER. The City of Bozeman shall be named asadditional insured on any insurance certificates.All insurance coverages shall remain in effect throughout the life of the Agreement.Each insurance policy shall contain a clause providing that it will not be canceled by theinsurance company without 30 days written notice to the OWNER and Engineer of intention tocancel. The minimum amounts of such insurance coverages being as per Section SC-5.04,Supplementary Conditions to the General Conditions, Montana Public Works StandardSpecifications, Sixth Edition, and included herein:Section 006AGREEMENT FORMPage 7 of 12103 1SC - 5.04 CONTRACTOR'S LIABILITY INSURANCEAdd the following new paragraphs immediately after Paragraph 5.04.B:C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditionsshall provide coverage for not less than the following amounts or greaterwhere required by Law or Regulations:1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions.a.State: Statutoryb. Applicable Federal (e.g. Longshoremans): Statutoryc. Employer's Liability: $500,000.002. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the GeneralConditions which shall also include completed operations and product liability coverage.a. GENERAL AGGREGATE: $3,000,000.00b. Products-Completed Operations Aggregate: $3,000,000.00c. Personal and Advertisingd. Each Occurrence (Bodily Injury and Property Damage): $1,000,000.00e. Coverage will include:1. Premises - Operations2. Operations of Independent Contractor3. Contractual Liability4. Personal Injury5. Products and Completed Operations6. Broad Form Property Damage will include explosion, collapse, blasting andunderground where applicable.7. Per Project Aggregate Endorsement3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:a. Bodily Injury:Each Person: $500,000.00Each Accident: $1,000,000.00Property Damage:Each Accident: $1,000,000.00(or)b. Combined Single Limit: $1,000,000.00Coverage to IncludeSection 006AGREEMENT FORMPage 8 of 12104 1. All Owned2. Hired3. Non-Owned4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primaryinsurance or a combination of primary and excess or umbrella insurance. Primary occurrencelimit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence onproperty damage.5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows:The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer'sConsultants 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 Conditionsshall provide coverage for not less than the following amounts:6.1 Each Occurrence $ 1,000,000.006.2 Aggregate $ 3,000,000.00Article 14. MISCELLANEOUS.14.1 Terms used in this Agreement which are defined in the General Conditions shall havethe meanings indicated in the General Conditions of the Montana Public WorksStandard Specifications, Sixth Edition.14.2 This Agreement and all of the covenants hereof shall inure to the benefit of and bebinding upon the OWNER and the CONTRACTOR respectively and his partners,successors, assigns, and legal representatives. Neither the OWNER nor theCONTRACTOR shall have the right to assign, transfer or sublet his interest or obligationshereunder without written consent of the other party. The Owner reserves the right towithdraw at any time from any subcontractor whose work has proven unsatisfactory theright 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 anattorney to enforce any of the terms or conditions of this Agreement or to give anynotice required herein, then the prevailing party or the party given notice shall beentitled 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 bemade in writing and executed in the same manner as this original document and shallafter execution become a part of the Agreement.Section 006AGREEMENT FORMPage 9 of 12105 1iI14.5 CONTRACTOR hereby agrees to indemnify, defend, and hold the OWNER harmless fromall claims and liability due to the activities of CONTRACTOR, their agents, employees, orboth, in performing the work required.14.6 CONTRACTOR is and shall perform this agreement as an independent contractor, and assuch, is responsible to the OWNER only as to the results to be obtained in the workherein specified, and to the extent that the work shall be done in accordance with theterms, plans and specifications. The CONTRACTOR shall have and maintain completecontrol over all of its employees, subcontractors, agents and operations, beingresponsible for any required payroll deductions and providing required benefits, suchas, but not limited to, workman's compensation and unemployment insurance.14.7 CONTRACTOR agrees not to discriminate in the fulfillment of this Agreement on thebasis of race, color, religion, creed, sex, age, marital status, national origin, or actual orperceived sexual orientation, gender identity or disability. The Contractor agrees thisrequirement shall apply to the hiring and treatment of the Contractor's employees andto all subcontracts.Article 15. CITY OF BOZEMAN BUSINESS LICENSE.All Contractors conducting work within the City of Bozeman are required to have a currentBusiness License. Applications for Business Licenses may be obtained at City Hall, 121 N. RouseAvenue, Bozeman, Montana.Article 16. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL.CONTRACTOR is responsible for proper disposal of all waste soils and materials unlessotherwise directed herein. Where waste materials are disposed on private property not ownedby the CONTRACTOR, evidence of property owner's written permission shall be obtained andprovided to the OWNER. CONTRACTOR shall comply with all local, state, and federal laws andregulations pertaining to erosion control, fill in wetlands, and floodplains. The CONTRACTORshall dispose of all refuse and discarded material in an approved location.CONTRACTOR shall exercise every reasonable precaution throughout the life of the project toprevent 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 intoor alongside of rivers, streams, impoundments or into natural or manmade channels leadingthereto. In addition, the CONTRACTOR shall conduct and schedule his operations to avoidmuddying or silting of rivers, streams or impoundments. The CONTRACTOR shall meet therequirements of the applicable regulations of the Department of Fish, Wildlife and Parks,Department of Environmental Quality, City of Bozeman and other local, State, or Federalregulations relating to the prevention or abatement of water pollution and siltation.Section 006AGREEMENT FORMPage 10 of 12106 111CONTRACTORS specific attention is directed to the Montana Water Pollution Control Act andthe Montana Stream Preservation Act. The CONTRACTOR shall be responsible for obtaining anyrequired discharge permits associated with erosion control and groundwater dewateringoperations. CONTRACTOR'S responsibility shall include all cleanup, restoration, etc., of anydetention or discharge areas.** End of Agreement Form Except for Signatures**Section 006AGREEMENT FORMPage 11 of 12107 11111IN WITNESS WHEREOF, the parties hereto have executed this Agreement Form the day and yearfirst above written.CENTRAL EXCAVATION, INC.(CONTRACTOR)By:_VV^ATitle: ^€^l^~Signature: \M(JOINT VENTURE)By:Title:Signature:CITYOFBOZEMAN(OWNER)By: Andrea SurrattTitle: City ManagerSignature:Seal:Attest:APPROVED AS TO FORM:By: Karen StambaughTitle: Assistant City AttorneySignature:Section 006AGREEMENT FORMPage 12 of 12108 QUOTE FORMChurch Street Stormwater ImprovementsTO:>1Stormwater 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 Church Street Stormwater Improvements ,including the assumption of all obligations, duties, and responsibilities necessary for the successfulcompletion of the contract and the furnishing of all materials and equipment required to beincorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation,facilities, labor, superintendence, and services required to perform the work; bonds, insurance andsubmittals; all as indicated or specified in the Contract Documents to be performed or furnished by theContractor within 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 4109 nr11r111JjjijA) 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 or shamquote;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, InsuranceL.S.102MobilizationL.S.1^00gg^1/to^fSS-S^!1^^ay<103 | Unclassified ExcavationL.S.104Hydrodynamic Separator Unit^lc^1105Flowable FillL.S. |^ -y^^-1^/SQ^L.S.s ^2S-1^7^o^_5 5^A106 | Site RestorationL.S.107 | Traffic ControlL.S.3'3^<,«$--1^^^108Miscellaneous WorkEach//SOaL1$1.005,0001.^<»<L$5,000.00TOTAL SCHEDULE 1 QUOTESt'l/CA/y d ^ +Ao </ ^ Ay</ ^0 kitl^re^ \ . / Vy /^ f ^JLE 1 QUOTE - WRITTEN WORDS)$ ~7L^^QoA^r'."r.S ^ftJt/ fiMiJe. .Section 003QUOTE FORMPage 2 of 4110 1iJBasis 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 foreachitem 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 ^1 day of —^v/v^.,2019.Name of Company: C—<?n///-<>// ^x-Ccii/.'^^ITLName of Contractor (print): (^V^A/ \A/a Us.^ ke.ra.Signature of ContractorA/L-)nl^7^Montana Contractor Registration Number: MT'' A ^//4_^If an individual:doing business as:_If a Partnership:-by_, partnerJJiIf a Corporation: L-^kyt rci I k.^<^ci\fa^"ii)rJ(a) Loro^r^i{ii)r<Jby.^^-^Titlei/ «. 1 re s., l.e.^Section 003QUOTE FORMPage 3 of 4111 i111Business Address of Contractor: ~/3 / 1~ (^^ ^/al^^rJ^ MT ^7/4/If 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:doingPartner.CorporationJJjJISection 003QUOTE FORMPage 4 of 4112 111111NON-DISCRIMINATION AFFIRMATION FORMChurch Street Stormwater Improvementsi J ( ftxrc v<^\>.^ _ [name of entity submitting] hereby affirms it will not discriminateon the basis of race, color, religion, creed, sex, age, marital status, national origin, or becauseof actual or perceived sexual orientation, gender identity or disability in the performance ofwork performed for the City of Bozeman, if a contract is awarded to it, and also recognizesthe eventual contract, if awarded, will contain a provision prohibiting discrimination asdescribed above and that this prohibition shall apply to the hiring and treatment of thet/-* I tl^cav«'{7d^ _ [name of entity submitting] employees and to all subcontracts itenters into in performance of the agreement with the City of Bozeman.Signature of Bidder:Z--^\^son authorized to sign on behathe bidder1]j]]1iSection 004NON-DISCRIMINATION AFFIRMATION FORMPage 1 of 1113 QUOTE FORMChurch Street Stormwater 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 Church Street Stormwater Improvements ,including the assumption of all obligations, duties, and responsibilities necessary for the successfulcompletion of the contract and the furnishing of all materials and equipment required to beincorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation,facilities, labor, superintendence, and services required to perform the work; bonds, insurance andsubmittals; all as indicated or specified in the Contract Documentsto be performed orfurnishedbytheContractor within 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 4114 1IA) 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 or shamquote;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 PriceEstimatedQuantityTotalEstimatedPrice101Taxes, Bonds, InsuranceL.S.,?<2>o013&06102 | MobilizationL.S.^^?OC7103Unclassified ExcavationL.S.^/1^0001$ d? oo^QOQ104Hydrodynamic Separator UnitL.S.//^(&OU1^0 &00105Flowable FillL.S.^&o12^00106 I Site RestorationL.S./OQ{>G1107Traffic ControlL.S.3ooo1/OOGO3oc»o108 I Miscellaneous WorkEach$1.005,000$5,000.00TOTAL SCHEDULE 1 QUOTEs7?800^^/y" ^—A^- ^-^o--'(TOTAL SCHEDULE 1 QUOTE - WRITTEI^WORDS)Section 003QUOTE FORMPage 2 of 4115 jBasis 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 ?./ day of J t/^?^_, 2019.Name of Company: Q^idl^i ^^CCjl/^^- ^U^\ii^<--fName of Contractor (print): G^i r 0 <\} C?^ ^A ^Signature of Contractor /<O^//—£<T^^Montana Contractor Registration Number: _^ /Ub 'YlIf an individual:doing business as:.If a Partnership:-by., partnerIf a Corporation: D/^JaU ^^Ca^lo- ^~ ^4 i'/^^ T^^(a) U-<•-'('•".by Bt//<?^ G^d^/TitlejP_^5^e^_Section 003QUOTE FORMPage 3 of 4116 ]1i!Business Address of Contractor: ^^ P^O^ /> 1^',.^-fr^ w'^^^y/If 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:doingPartner.CorporationiSection 003QUOTE FORMPage 4 of 4I117 11111]NON-DISCRIMINATION AFFIRMATION FORMChurch Street Stormwater Improvementsy^/l feb<^^<C/-^*^/'<l</'i^-[name of entity submitting] hereby affirms it will not discriminateon the basis of race, color, religion, creed, sex, age, marital status, national origin, or becauseof actual or perceived sexual orientation, gender identity or disability in the performance ofwork performed for the City of Bozeman, if a contract is awarded to it, and also recognizesthe eventual contract, if awarded, will contain a provision prohibiting discrimination asdescribed above and that this prohibition shall apply to the hiring and treatment of theQ^jf^.1 Oc,^A3^L^-^'^^ [name of entity submitting] employees and to all subcontracts itenters into in performance of the agreement with the City of Bozeman.,fB,dde.A^^<=_Signature of Bidder:Person authorized to sign on behalf of the bidderjL1\Section 004NON-DISCRIMINATION AFFIRMATION FORMPage 1 of 1118 406-442-0370 1300 Cedar Street Helena, Montana 59601 PREPARED FOR: CITY OF BOZEMAN PUBLIC WORKS DEPARTMENT BOZEMAN, MONTANA PREPARED BY: SHEET INDEX KALISPELL SHELBY HAVRE GLASGOW GREAT FALLS LEWISTOWNMISSOULA HELENA BUTTE DILLON BOZEMAN BILLINGS HARDIN SHERIDAN MILES CITY GLENDIVE SIDNEY CHURCH STREET STORMWATER IMPROVEMENTS BOZEMAN, MT GENERAL NOTES: 1 LEGEND 119 CONTROL POINT TABLE 406-442-03701300CedarStreetHelena,Montana59601CHURCHSTREETSTORMWATERIMPROVEMENTSBOZEMAN,MT2 PLANANDPROFILES. CHURCH AVE E.MAINST120 PLAN PROFILE 180°406-442-03701300CedarStreetHelena,Montana59601CHURCHSTREETSTORMWATERIMPROVEMENTSBOZEMAN,MT3 DETAILS2 DETAIL STREET PAVEMENT REPLACEMENT SECTION NOT TO SCALE 1 DETAIL HYDRODYNAMIC SEPARATOR UNIT NOT TO SCALE 121