HomeMy WebLinkAbout10-06-20 City Commission Packet Materials - C8. Agreement w Central Excavation Inc for 2020 Storm Improvements
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Kyle Mehrens, Stormwater Program Coordinator
Mitch Reister, Public Works Director
Jeff Mihelich, City Manager
SUBJECT: Agreement with Central Excavation, Inc. in the amount of $76,293.00 for construction of the 2020 Storm Improvements.
MEETING DATE: October 6, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign an Agreement with Central Excavation, Inc. in the amount of $76,293.00 for construction of the 2020 Storm Improvements.
BACKGROUND: In 2014, the City Commission created a Stormwater Division (Division) to manage public infrastructure, improve waterway health, and comply with environmental
regulations. The Division has completed projects and implemented administrative programs to
achieve set goals since. The 2020 Storm Improvements (Project) is a continuation of these efforts.
The Project includes the construction of three minor drainage improvement projects, including:
1. Southbridge: Installation of a new storm inlet and pipe to alleviate flooding and street failure near the intersection of Commonwealth Street and South 20th Avenue.
2. O’Connell Drive: Installation of a storm sewer to fix the frequent washout and erosion of
a gravel road within the City’s right-of-way. The repair will convey runoff subsurface to an existing culvert under South Church Avenue, reducing the chance of road degradation.
3. Spruce Drive: Installation of a new storm inlet, pipe, and ditch to alleviate street and park flooding on and adjacent to Spruce Drive. The existing curb cut easily clogs and results in
nuisance flooding and icy conditions for adjacent residents and playground equipment.
Staff solicited quotes from three 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 $76,293.00, which Staff reviewed and found consistent with local costs.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: The Division will pay for the Project with remaining funds approved in the City’s FY19 Budget (FY19 Capital Plan STRM48 - Annual Inlet Replacement Program).
Attachments: Project Agreement Form Project Quotes
Project Drawings
Report compiled on September 16, 2020
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AGREEMENT FORM
2020 Storm Improvements
THIS AGREEMENT is dated as of the day of ____________ in the year 2020, 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 generally includes the completion of three minor
drainage improvement projects: Oconnel Dr., South 20th Ave., and Spruce Dr. Article 2. CONTRACT TIME.
2.1 The Work will be completed within 35 days after the date when the contract
time commences to run as provided in the General Conditions. Final payment
will be withheld until 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 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 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 performance of the Work in accordance
with the Contract Documents the sum of (subject to adjustment as provided
in the Contract Documents) Seventy-Six Thousand Two-Hundred and Ninety-
Three Dollars ($76,293.00).
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.
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4.1 Progress Payments. OWNER will make progress payments monthly on account
of the contract price on the basis of 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 the CONTRACTOR
in accordance with the General Conditions and as outlined herein.
4.2 Final Payment. Upon final completion and acceptance of the Work in
accordance with the General Conditions, 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 OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1 CONTRACTOR has familiarized themselves 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.
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
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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 Certificates of Insurance and Performance and Payment Bonds
7.3 Supplementary Conditions of the General Conditions
7.4 Special Provisions
7.5 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as
further amended by the City of Bozeman Modifications to MPWSS (by reference)
7.6 Notice to Proceed
7.7 Plans and Specifications
There 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 defined in the General Conditions).
Article 8. GENERAL REQUIREMENTS.
8.1 CONTRACTOR Use of Premises. The CONTRACTOR shall confine their
operations at 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 own information
and shall not rely solely upon information shown on the drawings concerning
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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 to maintain the structural integrity of the existing structures. The CONTRACTOR shall take whatever means
necessary to insure 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 insure 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 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 to 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 of services will be required.
8.6 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
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Documents, and upon written notice 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 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 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 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. 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, location of flagmen, barricades and other safety measures
arranged. Providing and maintaining safety barricades, and other work site
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.
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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.
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
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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.
Article 13. INSURANCE.
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 themselves, 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 except
for workers compensation.
All insurance coverages shall remain in effect throughout the life of the Agreement.
Each insurance policy, except workers compensation, 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
Add 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
Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations:
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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. Longshoremans): 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
e. Coverage will include:
1. Premises - Operations 2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury 5. Products and Completed Operations
6. Broad Form Property Damage will include explosion, collapse, blasting
and underground where applicable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury:
Each Person: $500,000.00 Each Accident: $1,000,000.00
Property Damage:
Each Accident: $1,000,000.00
(or)
b. Combined Single Limit: $1,000,000.00
Coverage to Include
1. All Owned 2. Hired
3. 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. Deductible not to exceed
$5,000.00 per occurrence on property damage.
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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’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:
6.1 Each Occurrence $ 1,000,000.00
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 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 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
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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.
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 of 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.
Article 17. NONDISCRIMINATION AND EQUAL PAY
The CONTRACTOR agrees that all hiring by CONTRACTOR of persons performing this
Agreement shall be on the basis of merit and qualifications. The CONTRACTOR will
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have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The
CONTRACTOR will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political
ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands
of the position require an age, physical or mental disability, marital status or sex
distinction. The CONTRACTOR shall be subject to and comply with Title VI of the Civil
Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder.
CONTRACTOR represents it is, and for the term of this Agreement will be, in
compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-
104, MCA (the Montana Equal Pay Act). CONTRACTOR must report to the City any
violations of the Montana Equal Pay Act that Contractor has been found guilty of
within 60 days of such finding for violations occurring during the term of this
Agreement.
CONTRACTOR shall require these nondiscrimination terms of its subcontractors
providing services under this Agreement.
** End of Agreement Form Except for Signatures**
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement Form the
day and year first above written.
CENTRAL EXCAVATION, INC. (CONTRACTOR)
By: ____________________
Title: ____________________
Signature: __________________
(IF JOINT VENTURE)
By: ____________________
Title: ____________________
Signature: __________________
CITY OF BOZEMAN (OWNER)
By: Jeff Mihelich SEAL:
Title: City Manager
Signature: __________________
ATTEST: APPROVED AS TO FORM:
By: Greg Sullivan
Title: City Attorney
Signature: __________________
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BID FORM
2O2O STORM IMPROVEMENTS PROJECT
CITY OF BOZEMAN
BOZEMAN, MONTANA 59771
TO:City Clerk
P.O. Box 1230
Bozeman, Montana 59771-1230
THE UNDERSIGNED BIDDER, having familiarized himself with the'Work required by the Contract
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 himself of the expense and difficulties attending performance of the work:
HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form
attached, to perform all work for the construction of 2020 STORM IMPROVEMENTS PROJECT,
including the assumption of all obligations, duties, and responsibilities necessary for the successful
completion of the contract and the furnishing of all materials and equipment required to be incorporated
in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor,
superintendence, and services required to perform the V/ork; Bonds, Insurance and Submittals; all as
indicated or specified in the Contract Documents to be performed or fumished by Contractor within the
time and for the prices set forth in the following schedules.
The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the
Invitation to Bid.
The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen
( 15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within
the time specified per schedule after commencement of the contract time as defined in the General
Conditions.
The allowed contract time is 35 calendar days.
'Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently
unless separate notices to proceed are issued for the awarded schedules.
Liquidated Damages shall be as specified in Article 2.2 &.2.3 of the Agreement Form.
The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a
discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked
and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the
contract.
1 BTD FORM
114
The undersigned Bidder agrees that he has been afforded access to the construction site and has
performed those independent site investigations as he deemed necessary.
The undersigned Bidder hereby certifies the following:
A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person,
firm, or corporation, and is not submitted in conformity with any agreement or rules of any group,
association, or ganization, or corporation;
B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid;
C) That he has not solicited or induced any person, frrm, or corporation to refrain from bidding;
D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or
over the Owner.
E) That he is not currently operating beyond the contract time on any previously awarded public works
contract as defined and required by Article 15-50-203, MCA, as amended.
The undersigned Bidder(s) either singularly or as a joint venture hereby certif,res (certiff) pursuant to
Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed.
2 BID FORM
115
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following
unit prices or lump sums:
BID SCHEDULE
Schedule 1: General Conditions & installation of storm drain at2014 Commonwealth Street,
including: removing and replacing existing curb and gutter, removing and replacing existing
street section curb to curb, removing and replacing existing sidewalk, installing new storm drain
inlet, installing new storm drain pipe, installation of outlet velocity dissÍpation, restoring existing
boulevard and detention pond to pre-existing conditions, and all related work incidental to
construction.
TOTAL SCHEDULE 1 BID $ì,q-
pi¡11--k *l,l l,[1,. lh" J"IL, .,J ilone,--
Item Description Ilnit
Unit
Price
Estimated
Ouantity
Total Estimated
Price
1 0 1 Taxes, Bonds, Insurance L.S.7w*I 7aÐ
102 Mobilization L.S 4tt€1 9to*
103 Remove Existing Concrete S.F.tÐ 54 7<t9
t04 1.5" Minus Crushed Base Course C.Y 7rÐ 5 3ço"2
105 Asphalt Concrete Pavement 4"
Thickness S.Y.<*22 IttsØ
106 Concrete Curb and Gutter L.F It l*- -6 kro>
107 Concrete Sidewalk 4" Depth S.F ¡t4lôlF 36 ?e/>
108 Standard Storm Drain Inlet Each ),qu*I ) t*9
109 12" Schedule 40 PVC Storm
Drain Pipe L.F 5*6t j.?7
1r0 Install Outlet Velocity
Dissipation Each /5ç1+I 7<0>
111 Connection to Existing 2"
Foundation Drain L.S lqA I /.oq,u-lt2 Site Restoration L.S.i snu I lg+
113 Traff,rc Control L.S ZaL 1 çoo>tt4 Miscellaneous 'Work Each $1.00 5,000 $5,000.00
(TOTAL/SCHEDULE I BID - WRTTTEN V/O )
3 BID FORM
116
Schedule 2: Installation of storm drain in Oconnell Drive, including: modifying existing
stormwater basin inlet structure, removing existing storm manhole, installing new storm
manholes, installing new storm drain pipe, installing outletvelocity dissipation, restoring existing
gravel driveway, repairing existing driveway and swale, restoring existing asphalt parking,
regrading existing street side ditch, and all related work incidental to construction.
TOTAL SCHEDULE 2 BID æt
uLE2 BrD - WRTTTEN WORDS)
$
4
Item Description Unit
Unit
Price
Estimated
Quantity
Total
Estimated Price
201 Mobilization L.S 7rrt9 1 lrrt*
202 Core I5" Penetration into
Existing Pond Inlet Structure L.S 1.KIL I î/o>
203 Remove Existing Storm Drain
Manhole L.S.&*I &)L
204 48" Storm Drain Manhole Each 3.(fis 4 H çrre
205 8" Schedule 40 PVC Storm
Drain Pipe L.F .ro-t36 (. t*u
206 15" Class 3 RCP Storm Drain
PiPe L.F 6t*8 S*q!z-
207 Asphalt Concrete Pavement 4"
Thickness S.Y.ÁBe 7 7æ
208 Site Restoration L.S.-ldi- lt-lo-1 l rcnz
209 Regrade Ditch L.F 'lq¿38 7ù9+
210 Install Outlet Velocity
Dissipation Each 7sÊ 1 7x¡+
211 1.5" Minus Crushed Base
Course C.Y.7t>20 I s6o:
212 Traffic Control L.S.Itúu:l--1 &)e
2r3 Miscellaneous Work Each $ 1.00 5 000,$5,000
BID FORM
117
Schedule 3: Installation of new storm drain inlet, pipe, and swale at New Hyalite View Park.
TOTAL SCHEDULE 3 BID $o e-
(TOTAL SCHEDULE 3 BrD -woRDS)
5
Item Description Unit
Unit
Price
Estimated
Quantity
Total
Estimated Price
301 Mobilization L.S ?tau I arctL
302 Remove Existing Concrete S.F.XqY-t6 'fute
303 Concrete Curb and Gutter L.F.lrcL 4 9+s+
304 Concrete Valley Gutter S.F 5tc¡8 16qe
305 Standard Storm Drain Inlet Each ?,?cnY I 2.Çcae
306 12" Schedule 40 PVC Storm
Drain Pipe L.F (zL l5 l,cttf
307 Install Outlet Velocity
Dissipation Each 7aL 1 7rÈ
308 Install Swale L.F.lzL 133 2xtØ
309 Site Restoration L.S.I no*I *rto*
310 Traffic Control L.S.ire+1 ìú'eL-
311 Miscellaneous Work Each $1.00 5,000 $5,000
BID FORM
118
BASIS OF AWARD If the contract is awarded, the Owner will award a single Contract in accordance
with the Instructions to Bidders. Bidders shall submit a Bid for all bid Schedules on a unit price
basis for each item of Work listed as provided and described above. The Owner reserves the right to
accept or reject the Bids, or portions ofthe Bids denoted as separate schedules or alternates. The award
will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder
which, in the Owner's sole and absolute judgment, will best serve the interest of the Owner. The low
bidder will be determined on the basis of the lowest Total Combined Schedule 1,2,3 and 4 Bid.
The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered
in preparation of this Bid:
No.Dated
No Dated
No Dated
No Dated
Submitted this day of
SIGNATURE OF
Montana Contractor
If an individual
Number (-
ão
2
doing business as
If a Partnership by
partner
If a Corporation:
(a)
Title Vio C lr'Þ
by
?(
(Seal &
Attest)
f//c øBusiness Address of Bidder: lllZ 11.,r*
6 BTD FORM
119
If Bidder is a joint venture, other party must sign below:
Montana License Number and Class
If an Individual:
business as
If a Partnership
by Partner
If a Corporation:
doing
(a Corporation
by
Title
(Seal &
Attest)
7 BID FORM
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139