HomeMy WebLinkAboutWestridge Stormwater Treatment Project - Quote Documents
Westridge Stormwater Treatment Project
Contract Documents, Construction Specifications, and Plans
Prepared By:
City of Bozeman Stormwater Division
7024 Sourdough Canyon Rd
Bozeman, MT 59715
Ph. (406) 582-2916
Fax (406) 582-2263
August 2020
TABLE OF CONTENTS
Westridge Stormwater Treatment Project
CONTRACT DOCUMENTS
Section 001: Invitation to Submit Quote
Section 002: Instructions for Contractors
Section 003: Quote Form
Section 004: Non-Discrimination Affirmation Form
Section 005: Notice of Award
Section 006: Agreement Form
Section 007: Payment Bond
Section 008: Performance Bond
Section 009: Standard General Conditions of the Construction Contact: Section C-700
Section 010: Supplementary Conditions of the General Conditions: Section 00810
Section 011: Montana Prevailing Wage Rates
CONSTRUCTION SPECIFICATIONS
Section 012: Special Provisions
Section 013: Product Specifications
Section 014: Measurement and Payment
Section 015: Hydrodynamic Separator Specification
Section 016: Standard Drawings
APPENDIX A: PLAN SET
Section 017: Project Drawings
APPENDIX B: STANDARD FORMS
Section 018: Standard forms A-K
Section 001
INVITATION TO SUBMIT QUOTE
Page 1 of 2
INVITATION TO SUBMIT QUOTE
Westridge Stormwater Treatment Project
The City of Bozeman, Montana, hereby gives notice that it is accepting quotes for the:
Westridge Stormwater Treatment Project
The City of Bozeman will receive quotes for the construction of the aforementioned project at
the office of the Stormwater Division at 7024 Sourdough Canyon Rd, Bozeman, Montana 59715
until 5:00 p.m., local time, September 18, 2020.
City of Bozeman Physical Address:
Stormwater Division, 7024 Sourdough Canyon Rd, Bozeman, Montana 59715
City of Bozeman Mailing Address:
Stormwater Division, Professional Building, P.O. Box 1230, Bozeman, Montana 59771-1230
Quote Acceptance Deadline:
The City of Bozeman must receive quotes before 5:00 p.m., September 18, 2020. Stormwater
Division staff will review quotes and award the project directly after the end of the submittal
period. Contractors must submit original copies. The City of Bozeman will not accept faxed or
electronic quotes.
General Project Information:
Installation of a stormwater treatment unit near the intersection of Westridge Drive and
Overbrook Drive, including supplying and installing the treatment unit, site restoration, traffic
control, and all other items incidental to construction.
Contract Documents, Construction Specifications, and Plans:
The Stormwater Division shall provide Contractors with a set of the compiled documents.
Montana Department of Labor and Industry Registration Requirements:
The Contractor and any subcontractors doing work on this project will be required to obtain
registration with the Montana Department of Labor and Industry (DLI). Forms for registration
are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue,
Helena, Montana 59604-8011. Contractors can receive information regarding registration by
calling 1-406-444-7734. The Contractor is not required to have registered with the DLI before
submitting a quote for this project but must have registered before the execution of the
Construction Agreement.
Prevailing Wage Requirements:
All laborers and mechanics employed by the Contractor or subcontractors in the performance of
the construction work shall be paid wages at rates as required by the laws of the state of
Montana.
Section 001
INVITATION TO SUBMIT QUOTE
Page 2 of 2
Non Discrimination Requirements:
Discrimination in the performance of any contract awarded under this invitation on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and all subcontracts. Every entity submitting
under this invitation must sign and return the required affirmation.
Submittal Requirements:
The Stormwater Division does not require a Bid Bond for this project; however, the successful
Contractor shall furnish an approved Performance Bond and a Labor and Materials Payment
Bond, each in the amount of one hundred percent (100%) of the contract amount. The successful
Contractor shall provide Certificate(s) of Insurance.
City of Bozeman Rejection Rights:
The Stormwater Division reserves the right to reject any or all quotes received, to waive
informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days,
and to accept the lowest responsive and responsible quote, which is in the best interest of the
City of Bozeman.
Equal Opportunity Employer Requirement:
The Contractor is required to be an Equal Opportunity Employer (EOE).
DATED at Bozeman, Montana, this 26th day of August 2020.
Adam Oliver
Stormwater Project Manager, City of Bozeman
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 1 of 10
INSTRUCTIONS FOR CONTRACTORS
Westridge Stormwater Treatment Project
Overview:
The City of Bozeman will receive quotes for the construction of the project above at the office of the
Stormwater Division at 7024 Sourdough Canyon Rd, Bozeman, Montana 59715 until 5:00 p.m., local
time, September 18, 2020., at the following locations:
City of Bozeman Physical Address:
Stormwater Division, 7024 Sourdough Canyon Rd, Bozeman, Montana 59715
City of Bozeman Mailing Address:
Stormwater Division, Professional Building, P.O. Box 1230, Bozeman, Montana 59771-1230
The Contractor must provide quotes on the forms provided in this bound copy of the Contract
Documents. The Contractor must legibly prepare quotes and write them in ink, with all prices given in
figures and the total amount given in words and numbers. The City of Bozeman will not permit
alterations by erasures or interlineations. Quotes shall be strictly in accordance with the Contract
Documents and Quote Form. The City of Bozeman may consider any modifications thereof or
deviations as sufficient cause for rejection. The City of Bozeman may deem quotes carrying riders or
qualifications irregular and reject.
The Quote Form shall also contain the following information:
1. Name of the Contractor: _____________________________________
2. Montana Certificate of Contractor Registration No.:___________
3. Acknowledge Receipt of Addendum No.:_____, _____, _____, _____
Contractors shall make quotes in accordance with the following instructions:
1. Submit one complete bound copy of the Contract Documents directly to the Stormwater
Division.
2. Quotes shall be made in ink upon the unaltered Quote Form supplied with these documents.
3. All blank spaces must be properly filled.
4. The total quote price must be stated in both words and figures. In case of a discrepancy
between the unit price and total quote price, the unit prices or lump sum prices shall be used
in computing the total quoted price.
5. The Quote Form shall contain no additions, conditions, stipulations, erasures, or other
irregularities.
6. The Contractor must acknowledge receipt of all Addenda issued.
7. The Contractor must include a completed and signed Non-Discrimination Affirmation Form.
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 2 of 10
Signature of Contractor:
The Contractor must sign each quote in ink and include their full name and business address or place
of residence. In the case of a firm or partnership, each member must insert their name and business
address or place of residence. In the case where the Contractor submits a quote on behalf of a
corporation, the City of Bozeman requires the signatory of such corporation to be an official who is
authorized to bind the corporation, and who shall also affix the corporate seal of such corporation.
The quote of a corporation signed by a person other than a corporate officer shall include a Power of
Attorney showing that person's authority.
Quote Totals:
No Contractor may submit more than one quote. The City of Bozeman will not receive two quotes
under different names from one firm or association.
Responsibilities of Agent:
The City of Bozeman may require any person signing a quote as the agent of another, or of others, to
submit satisfactory evidence of this authority to do so.
Qualifications of Contractor:
The City of Bozeman may request that the Contractor submit satisfactory evidence that they have
practical knowledge of the particular work quoted upon and that they have the necessary financial
resources to complete the proposed work.
In determining the lowest responsible Contractor, the City of Bozeman will consider the following
elements:
1. Whether the Contractor involved maintains a permanent place of business.
2. Whether the Contractor involved has adequate plant and equipment to do the work properly
and expeditiously.
3. Whether the Contractor involved has a suitable financial status to meet obligations incident to
work.
4. Whether the Contractor involved has appropriate technical experience.
The City of Bozeman may require each Contractor to show that former work performed was done in
such a manner that there are no just or proper claims pending against such work. No Contractor will
be accepted if they are engaged in any other work which impairs their ability to finance the Contract.
The Contractor shall demonstrate their competence by meeting all requirements herein stipulated if
requested.
Contract Documents:
The City of Bozeman intends that the Montana Public Works Standard Specification, 6th Edition
(MPWSS), be used to govern the contractual and performance aspects of this project. The City of
Bozeman hereby incorporates the MPWSS as part of these Contract Documents, as modified by the
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 3 of 10
City of Bozeman MPWSS (COB MODS), dated March 31, 2011, including all Addenda which are also
hereby incorporated as part of these Contract Documents, and as further modified herein by the City
of Bozeman. The Contractor shall utilize all standard forms of MPWSS while executing these Contract
Documents unless otherwise noted or revised in the bound Contract Documents.
Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of
the project and detail modifications to the MPWSS made by the City of Bozeman, to assist the
Contractor in preparation of their quote.
The City of Bozeman makes the complete Contract Documents apart hereof, which consist of the
following:
1. Invitation to Submit Quote
2. Instructions for Contractors
3. Quote Form
4. Non-Discrimination Affirmation Form
5. Notice of Award
6. Agreement Form
7. Payment Bond
8. Performance Bond
9. Standard General Conditions of the Construction Contact: Section C-700
10. Supplementary Conditions of the General Conditions: Section 00810
11. Montana Prevailing Wage Rates
12. Special Provisions
13. Product Specifications
14. Measurement and Payment
15. Hydrodynamic Separator Specifications
16. Standard Drawings
17. Project Drawings
18. Notice to Proceed
19. Field Order
20. Monthly Pay Summary
21. Change Order Form
22. Resume Work
23. Suspend Work
24. Work Change Directive
25. Pay Request
26. Certificate of Substantial Completion
27. Blank Claim Form
28. Construction Stormwater Permit: Sites Less than One (1) Acre
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 4 of 10
Examination of Contract Documents and Site:
Before submitting a quote, each Contractor must:
1. Examine the Contract Documents thoroughly
2. Visit the site to familiarize themselves with location conditions that may in any manner affect
cost, progress or performance of the work
3. Familiarize themselves with federal, state and local laws, ordinances, rules and regulations that
may in any manner affect cost, progress or performance of the work
4. Study and carefully correlate observations with the Contract Documents
Any Contractor may, upon request, examine those reports of investigations and tests of subsurface
and latent physical conditions at the site (if any) which have been relied upon in preparing the
drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are
they part of the Contract Documents. Before submitting a quote, each Contractor will, at their own
expense, make such additional investigations and tests as the Contractor may deem necessary to
determine their quote for the performance of the work in accordance with the time, price and other
terms and conditions of the Contract Documents.
On request, the City of Bozeman will provide each Contractor access to the site to conduct such
investigations and tests as each Contractor deems necessary for submission of their quote. Any
administrative requirements and associated costs of such studies are the responsibility of the
Contractor.
The lands upon which the work is to be performed, rights-of-way for access thereto and other lands
designated for use by the Contractor in performing the work are identified in the specifications or on
the plan set.
The submission of a quote will constitute an incontrovertible representation by the Contractor that
they have complied with every requirement of this section and that the Contract Documents are
sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for
performance of the work.
Where logs of test borings are included in the Contract Documents, it is agreed that such logs do not
constitute a part of the Contract and are included only for the convenience of the Contractor and do
not relieve them of their duties under this section or any other responsibility under the Contract.
No information derived from any inspection of records of investigation or compilation thereof made
by the City of Bozeman will in any way relieve the Contractor from properly performing their
obligations under the Contract.
Underground Utilities:
The location of underground utilities as shown on the drawings is approximate, and the City of
Bozeman assumes no responsibility for determining their exact location. The Contractor shall note the
reference to utility lines and service lines for various utilities as noted on the drawings and that the
Section 002
INSTRUCTIONS FOR CONTRACTORS
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approximate location may or may not be given. The Contractor shall make written inquiry of the
related utility agency to determine the location of underground utilities in the project area.
Interpretation of Contract Documents:
If any person contemplating submitting a quote for the proposed Contract is in doubt as to the true
meaning of any part of the specifications, or other proposed Contract Documents, they may submit to
the City of Bozeman a written request for an interpretation thereof. The person submitting the
request will be responsible for its prompt delivery. Any interpretation of the proposed documents will
be made only by an Addendum duly issued, and the City of Bozeman will electronically mail a copy of
any such Addendum to each person receiving a set of such documents.
Time of Completion:
The time of completion of the work is a basic consideration of the Contract. It will be necessary that
the Contractor satisfies the City of Bozeman of their ability to complete the work within the stipulated
time. The number of days within which or the dates by which, the work is to be substantially
completed are set forth in the Quote Form and the Agreement Form.
Liquidated Damages:
Provisions for liquidated damages are set forth in the Agreement Form.
Addenda:
Any Addenda issued during the time of quote submittal, or forming a part of the Contract Documents
loaned to the Contractor for the preparation of their quote, shall be covered in the quote and shall be
made a part of the Contract Documents. The Contractor shall acknowledge receipt of each Addendum
in the quote. The City of Bozeman will consider incomplete and not consider any quote in which all
issued Addenda are not acknowledged.
Quote Requirements:
The City of Bozeman expects the Contractor to base their quote on materials and equipment
complying fully with the plans and specifications and, in the event, they name in their quote materials
or equipment which do not conform, they will be responsible for furnishing materials and equipment
which fully conform at no charge in their quote price.
Before submitting a quote, each Contractor should read the complete Contract Documents (including
all Addenda), specifications and plans, including all related documents containing herein, all of which
contain provisions applicable not only to the successful Contractor but also to their subcontractors.
Quote Quantities:
The Contractor must satisfy themselves by personal examination of the locations of the proposed work
and by such other means as they may prefer as to the correctness of any quantities.
The estimated unit quantities of the various classes of work to be done under the Contract Documents
Section 002
INSTRUCTIONS FOR CONTRACTORS
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are approximate and are to be used only as a basis for estimating the probable cost of the work and
for comparing the quotes offered for the work. The Contractor agrees that, during progress of the
work, the City of Bozeman may find it advisable to omit portions of the work, to increase or decrease
the quantities as may be deemed necessary or desirable, that the actual amount of work to be done
and materials to be furnished may differ from the estimated quantities, and that the basis for payment
under the Contract Documents shall be the actual amount of work done and the materials furnished.
The Contractor agrees that they will not claim damages, anticipated profits or otherwise on account of
any difference which may be found between quantities of work done and the estimated quantities.
Modifications and Withdrawal of Quotes:
A quote may be modified or withdrawn by an appropriate document duly executed in the manner that
a quote must be executed and delivered to the place where quotes are to be submitted prior to the
date and time for the opening of quotes, as called for in the Invitation to Submit Quote. Requests for
modification or withdrawal must be written and must be signed in the same manner and by the same
person(s) who signed the quote.
If, within twenty-four (24) hours after quotes are opened, any Contractor files a duly signed written
notice with the City of Bozeman and promptly thereafter demonstrates to the reasonable satisfaction
of the City of Bozeman that there was a material and substantial mistake in the preparation of its
quote, that Contractor may withdraw its quote. Thereafter, if the work is readvertised or negotiated,
that Contractor will be disqualified from further quoting on the work.
Acceptance and Rejection of Quotes:
The City of Bozeman reserves the right to accept or reject the quotes, or portions of quotes, and to
award more than one quote or schedule for the same quote if any of the aforementioned
combinations of quotes or schedules will be in the best interest of the City of Bozeman. The City of
Bozeman reserves the right to waive irregularities in any quote submitted, or reject nonconforming,
non-responsive or conditional quotes and to correct arithmetical errors in the quote prior to
comparison.
Subcontractors:
Within seven days after the City of Bozeman opens quotes, the apparent successful Contractor, and
any other Contractor so requested, shall submit a list of subcontractors they expect to use in the work.
An experience statement with pertinent information as to similar projects and other evidence of
qualification shall be furnished for each named subcontractor if requested by the City of Bozeman. If
the City of Bozeman, Engineer, or Project Manager after a due investigation has a reasonable objection
to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent
successful Contractor to submit an acceptable substitute. If the substitution results in an increase in
the quote, a corresponding adjustment will be made in the Contract price. If the apparent successful
Contractor declines to make any such substitution, the Contract may not be awarded to such
Section 002
INSTRUCTIONS FOR CONTRACTORS
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Contractor. Any subcontractor so listed and to whom the City of Bozeman does not make written
objection prior to the giving of the Notice of Award will be deemed acceptable.
The Contractor shall not be required to employ any subcontractor against whom they have a
reasonable objection.
The use of subcontractors listed by the Contractor and accepted by the City of Bozeman prior to the
Notice of Award will be required in the performance of the work.
Award of Contract:
The City of Bozeman reserves the right to reject any or all quotes, including without limitation,
nonconforming, nonresponsive, unbalanced, or conditional quotes. The City of Bozeman further
reserves the right to reject the quote of any Contractor whom it finds, after reasonable inquiry and
evaluation, to be non-responsible. The City of Bozeman may also reject the quote of any Contractor if
the City of Bozeman believes that it would not be in the best interest of the project to make an award
to that Contractor, whether because quote is not responsive, or the Contractor is unqualified or of
doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the
City of Bozeman. The City of Bozeman also reserves the right to waive all informalities not involving
price, time, or changes in the work and to negotiate Contract terms with the successful Contractor.
In evaluating quotes, the City of Bozeman will consider whether or not the quotes comply with the
prescribed requirements, and such alternatives, unit prices, and other data, as may be requested in
the Quote Form or prior to the Notice of Award.
In evaluating Contractors, the City of Bozeman will consider the qualifications of the Contractor and
may consider the qualifications and experience of subcontractors, suppliers, and other individuals or
entities proposed for those portions of the work for which the identity of subcontractors, suppliers, or
other individuals or entities must be submitted as provided in the Supplementary Conditions.
The City of Bozeman may conduct such investigations as they deem necessary to establish the
responsibility, qualifications, and financial ability of the Contractor, proposed subcontractors,
suppliers, individuals, or entities to perform the work in accordance with the Contract Documents.
If the Contract is to be awarded, the City of Bozeman will award the Contract to the Contractor whose
quote is in the best interests of the project. Consideration factors will include conformance with all
material terms and conditions of the Contract Documents, price, and other appropriate factors.
If the Contract is to be awarded, the City of Bozeman will give the successful Contractor a Notice of
Award within sixty (60) days after the day of the quote opening.
The City of Bozeman reserves the right to cancel the award of any Contract at any time before the
complete execution of said Agreement Form by all parties without any liability.
If at any time this Contract is to be awarded, the total of the lowest acceptable quote exceeds the
funds then estimated by the City of Bozeman as available, they may reject all quotes or take such
Section 002
INSTRUCTIONS FOR CONTRACTORS
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other action as best serves the City of Bozeman’s interests.
Cancellation of Award:
The City of Bozeman reserves the right to cancel the award of any Contract at any time before the
complete execution of the Contract by all parties without any liability.
Performance and Payment of Bonds:
The Contractor to whom the Contract is awarded will be required to furnish a Performance Bond and a
Payment Bond in favor of the City of Bozeman each in an amount equal to one-hundred percent
(100%) of the Agreement Form amount.
The bonds shall be executed on the forms bound herein, signed by a surety company authorized to do
business in the State of Montana, and acceptable as a surety to the City of Bozeman and
countersigned by a Montana Resident Agent.
With the bonds, there shall be filed with the City of Bozeman one copy of Power of Attorney certified
to include the date of the bond.
Execution and Approval of Agreement Form:
The Agreement Form shall be signed by the successful Contractor and returned, together with the
Contract bonds, within the time shown on the Quote Form. If the Agreement Form is not executed by
the City of Bozeman within fifteen (15) days following receipt from the Contractor of the signed
Agreement Form and bonds, the Contractor shall have the right to withdraw their quote without
penalty. No Agreement Form shall be considered as effective until it has been fully executed by all of
the parties thereto.
Failure to Execute Agreement Form:
Failure to execute the Agreement Form and furnish a Performance Bond and Payment Bond shall just
cause for annulment of the award. The award may then be made to the next lowest responsible and
qualified Contractor, or the work may be re-advertised as the City of Bozeman may decide.
Payments:
Payment for all work performed under this Agreement Form will be made by the City of Bozeman
within the time period specified in and in accordance with the procedures outlined in the General
Conditions.
Notice of Extended Payment Provision:
This Contract allows the City of Bozeman to make payment within 21 days after approval of the
payments. Payments made after the time limit will be subject to interest at the rate specified in the
Agreement Form.
When the work extends beyond thirty (30) days, progress payments will be made monthly for any
work accomplished during the preceding month, but subject to retainage as specified elsewhere.
Section 002
INSTRUCTIONS FOR CONTRACTORS
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Prevailing Wage Rates:
On all projects and contracts with the City of Bozeman, 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.
Posting:
The Contractor shall post in a prominent and accessible place on the site of the work a legible
statement of all wages to be paid to the employees.
Local Labor:
The Contractor shall give preference to the employment of Montana residents in accordance with
applicable portions of Title 18, Chapter 2, Part 4, MCA.
Montana Contractor Registration Requirements:
The Contractor and any subcontractors doing work on this project will be required to obtain
registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the
Montana Contractor Registration requirements may be obtained from the Montana State Department
of Revenue, Helena, Montana. (1-800-556-6694).
Additional Contractor License Fee (Montana Contractors Gross Receipt Tax):
In accordance with Title 15, Chapter 50, MCA, the City of Bozeman shall withhold, in addition to other
amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due to the
Contractor and shall transmit such money to the Montana Department of Revenue.
Contractor Preference:
In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, preference will be given to the
lowest responsible Contractor who is a resident of the State of Montana over a nonresident
Contractor from any state or country that enforces a preference in their state or country for their
resident Contractors. The preference given to Montana resident Contractor will be equal to the
preference given in the other state or country. This preference applies unless specifically prohibited
by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be
preferred for use in all projects if such products are comparable in price and quality. Further,
wherever possible, products manufactured and produced in the State which are suitable substitutes
for products manufactured or produced outside the State and comparable in price, quality and
performance shall be preferred for use in this project. Preference regarding these products shall be in
accordance with the laws of the State of Montana.
Section 002
INSTRUCTIONS FOR CONTRACTORS
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Blank Page
Section 003
QUOTE FORM
Page 1 of 4
QUOTE FORM
Westridge Stormwater Treatment Project
TO: Stormwater Division
P.O. Box 1230
Bozeman, Montana 59771-1230
THE UNDERSIGNED CONTRACTOR, having familiarized themselves 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 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 form
attached, to perform all work for the construction of the Westridge Stormwater Treatment 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 work; bonds, insurance and
submittals; all as indicated or specified in the Contract Documents to be performed or furnished by the
Contractor 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 specified
in the Invitation to Submit Quote.
The undersigned Contractor agrees to furnish the required bonds and to enter into a contract within
fifteen (15) calendar days after the City of Bozeman’s acceptance of this quote and further agrees to
complete all work within the time specified per schedule after the commencement of the contract
time as 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 run
concurrently 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
a discrepancy exist in the total prices and total amount of quote as listed above, after extensions are
checked and corrections made, if any, the total amount of the quote as corrected shall be used in
awarding the contract.
The undersigned Contractor agrees that they have been afforded access to the construction site and
has performed those independent site investigations as they deemed necessary.
The undersigned Contractor hereby certifies the following:
Section 003
QUOTE FORM
Page 2 of 4
A) That this quote 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, organization, or corporation;
B) That they have not directly or indirectly solicited any other Contractor to put in a false or sham
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 other
Contractor or over the City of Bozeman.
E) That they are 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 Contractor either singularly or as a joint venture hereby certifies (certify) pursuant to
Article 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 following
unit prices:
QUOTE SCHEDULE
Schedule 1: General conditions, stormwater improvements, and miscellaneous work.
Item Description Unit Unit Price Estimated
Quantity
Total
Estimated
Price
101 Taxes, Bonds, Insurance L.S. 1
102 Mobilization L.S. 1
103 Dewatering and Stormwater Permit L.S. 1
104 Unclassified Excavation L.S. 1
105 Hydrodynamic Separator Unit L.S. 1
106 Flowable Fill L.S. 1
107 Inlet Replacement L.S. 1
108 Site Restoration L.S. 1
109 Traffic Control L.S. 1
110 Miscellaneous Work Each $1.00 5,000 $5,000.00
TOTAL SCHEDULE 1 QUOTE $_____________________
____________________________________________________________________________________
(TOTAL SCHEDULE 1 QUOTE - WRITTEN WORDS)
Section 003
QUOTE FORM
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Basis of Award:
If the contract is awarded, the City of Bozeman will award a single Contract in accordance with the
Instructions for Contractors. Contractors shall submit a quote for all items on a unit price basis for
each item of work listed as provided and described above. The City of Bozeman reserves the right to
accept or reject the quotes, or portions of the quotes denoted as separate schedules or alternates.
The award will be made by the City of Bozeman on the basis of that quote from the lowest responsive,
responsible Contractor which, in the City of Bozeman’s sole and absolute judgment, will best serve the
interest of the City of Bozeman. The low Contractor will be determined on the basis of the lowest
combined Total Schedule 1 Quote.
The undersigned Contractor acknowledged receipt of the following Addenda, which have been
considered in preparation of this quote:
No.: _________ Dated: _______________
No.: _________ Dated: _______________
No.: _________ Dated: _______________
No.:__________Dated:_______________
Submitted this _____ day of _____________________, 2020.
Name of Company: __________________________________________
Name of Contractor (print): ___________________________________
Signature of Contractor_______________________________________
Montana Contractor Registration Number: ________________________
If an individual: ______________________________________________
doing business as:____________________________________________
If a Partnership: ___________________________________________by
______________________________________, partner
_____________________________________________
If a Corporation: ____________________________________________
(a) ____________________________________________
by ____________________________________________
Title___________________________________________
Section 003
QUOTE FORM
Page 4 of 4
Business Address of Contractor: ____________________________________
____________________________________
If Contractor is a joint venture, other party must sign below:
Montana License Number and Class: ______________________________
If an Individual: __________________________________________ doing
business as: _________________________________________________.
If a Partnership: _____________________________________________
By: __________________________________________Partner
_________________________________________________
If a Corporation: ______________________________________________
(a)________________________________Corporation
by _________________________________________
Title: _______________________________________
Section 004 NON-DISCRIMINATION AFFIRMATION FORM Page 1 of 2
NON-DISCRIMINATION AFFIRMATION FORM
Westridge Stormwater Treatment Project
_________________________ [name of entity submitting] 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, if a contract is awarded to it, and also recognizes
the eventual contract, if awarded, will contain a provision prohibiting discrimination as
described above and that this prohibition shall apply to the hiring and treatment of the
_________________________ [name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement with the City of Bozeman.
Signature of Bidder: ______________________________
Person authorized to sign on behalf of the bidder
Section 004 NON-DISCRIMINATION AFFIRMATION FORM Page 2 of 2
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Section 005
NOTICE OF AWARD
Page 1 of 2
NOTICE OF AWARD
Westridge Stormwater Treatment Project
DATED: ____________________
TO: ____________________
ADDRESS: ____________________
PROJECT: ____________________
You are notified that the City of Bozeman (Owner) has considered your bid opened on _________
for the above Contract. The Owner has determined that you are the apparent successful bidder
and is awarding you the Contract for the _____________________________. The price of your
Contract is: ______________________________________ Dollars (________________).
Four (4) copies of each of the proposed Contract Documents accompany this Notice of Award.
Two (2) sets of the Drawings will be delivered separately or otherwise made available to you
immediately.
You must comply with the following conditions within fifteen (15) days of the date of this Notice
of Award, that is, by________________________________. You must deliver the following to
the Owner before the aforementioned date:
1. Four (4) fully executed counterparts of the Agreement Form, including all Contract
Documents and Drawings.
2. Executed Agreement Form, Payment Bond, and Performance Bond as specified in the
Instructions for Bidders and General Conditions.
3. Certificates of Insurance as specified in the Supplementary Conditions (paragraphs SC-5.04
and SC-5.06).
Failure to comply with these conditions within the time specified will entitle the Owner to
consider your bid abandoned, annul this Notice of Award, and declare your Bid Security forfeited.
The Owner will return to you two fully signed counterpart of the Agreement with the Contract
Documents attached within ten (10) days after you comply with these conditions.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: ____________________ BY: ____________________
(CITY MANAGER) (CITY CLERK)
DATE: ____________________
Section 005
NOTICE OF AWARD
Page 2 of 2
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Section 006
AGREEMENT FORM
Page 1 of 12
AGREEMENT FORM
Westridge Stormwater Treatment Project
THIS AGREEMENT is dated as of the day of ________ in the year 2020, by and between CITY
OF BOZEMAN, hereinafter called OWNER, and and ____________________, 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 a stormwater treatment unit and
inlet near the intersection of Westridige Drive and Overbrook Drive, including supplying and
installing the 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 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 (subject to adjustment as provided in the Contract
Documents) of ____________________ Dollars ($___________).
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AGREEMENT FORM
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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 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 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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AGREEMENT FORM
Page 3 of 12
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 Certificates of Insurance and Performance and Payment Bonds
7.3 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further
amended by the City of Bozeman Modifications to MPWSS (by reference)
7.4 Notice to Proceed
7.5 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 his 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.
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AGREEMENT FORM
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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 his own 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 his 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 his 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 his 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 his 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.
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AGREEMENT FORM
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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 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 his 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 his 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,
Section 006
AGREEMENT FORM
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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.
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.
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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.
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 himself, his 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.
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 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
Section 006
AGREEMENT FORM
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limit cannot be less than $1,000,000.00. 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:
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 his partners,
successors, assigns, and legal representatives. Neither the OWNER nor the
CONTRACTOR shall have the right to assign, transfer or sublet his 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.
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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.
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 wet lands, 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 his 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.
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____________
(CONTRACTOR)
By: ____________________
Title: ____________________
Signature: __________________
(JOINT VENTURE)
By: ____________________
Title: ____________________
Signature: __________________
CITY OF BOZEMAN
(OWNER)
By: ____________________
(CITY MANAGER) Seal:
Attest: ____________________
APPROVED AS TO FORM:
By: ____________________
(CITY ATTORNEY)
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Section 007 PAYMENT BOND
Section 007 PAYMENT BOND
Section 007 PAYMENT BOND
Section 008 PERFORMANCE BOND
Section 008 PERFORMANCE BOND
Section 008 PERFORMANCE BOND
Section 009
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
Page 1 of 2
Standard General Conditions of the Construction Contract
Westridge Stormwater Treatment Project
The following document shall be made a part of the Contract Documents:
1. Montana Public Works Standard Specifications (Sixth Edition)
2. City of Bozeman Modifications to Montana Public Works Standard Specifications (Sixth)
Edition
Section 009
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
Page 2 of 2
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Section 010
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 1 of 14
SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions
of the Contract Documents as indicated below. All provisions that are not so amended or
supplemented remain in full force and effect.
SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.0l.A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed
copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit
all copies to Engineer who will forward them to the Owner. Owner shall execute all
copies and return two copies to the Contractor. Owner shall also furnish a counterpart or
conformed copy to the Engineer and shall retain three copies.
SC - 2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following
in its place: Following the execution of the Agreement by the Owner and the Contractor, written
Notice to Proceed with the Work shall be given by the Owner to the Contractor. The
Contract Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to
read as follows:
2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to
confirm the hourly rates per Paragraph ll.Ol.A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and year of manufacture as well as
the horse power, capacity or weight, and accessories.
Section 010
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 2 of 14
SC- 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the
following in its place:
Prior to the first application for payment all schedules and documents identified in
paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No
progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents
by either Engineer or Owner will neither impose on Engineer or Owner responsibility for
the sequencing, scheduling or progress of the Work and will not interfere with or relieve
Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to
form and substance if it provides the necessary information to reference the equipment
and establish the hourly rates in accordance with paragraph ll.Ol.A.S.c.
SC - 4.01AVAILABILITY OF LANDS
Add to Paragraph 4.0l.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's
easement or right-of-way, the Contractor shall obtain consent from the property owner
and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials
excavated from the site, any private property outside the designated
construction easement boundaries or right-of-way without written permission from the
property owner and tenant.
SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS
Delete the first sentence of 4.02.A and replace with the following:
A. Reports and Drawings: The Special Provisions identify:
Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special
Provisions.
Section 010
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 3 of 14
SC- 4.03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or
physical conditions within 15 days of discovery and before disturbing the subsurface as
stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be
valid for differing subsurface or physical conditions if procedures of this paragraph 4.03
are not followed.
SC- 4.04- UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation,
the Contractor shall according to MCA 69-4-501, notify all owners of
underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract
Documents with respect to existing underground facilities is based on information
and data obtained from the owners of the facilities without field exploration, and
as such, Owner and Engineer are not responsible for the accuracy or completeness
of such information or data.
SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A 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 A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner
and the Engineer and their agents and employees from claims for bodily injury, or
property damage which may arise from operations and completed operations under this
Agreement. Contractor shall not commence work under this Agreement until such
insurance has been obtained and certificates of insurance, with binders, or certified
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copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement,
except that the Contractor shall maintain the Commercial General Liability Policy
including product and completed operations coverage for a period of at least one year
following the substantial completion date for property damage resulting from
occurrences during the agreement period.
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: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General
Conditions.
a. State
b. Applicable Federal (e.g. Longshoremans)
c. Employer's Liability
Statutory
Statutory
$ 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
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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 Each Accident
$ 500,000.00 $ 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.
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 polices. 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:
Each Occurrence
Aggregate
$ 1,000,000.00
$ 3,000,000.00
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SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30
days" and replacing them with the words "45 days" and as so amended paragraph
5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its
place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible
amounts as may be provided in these Supplementary Conditions or required by
Laws and Regulations). This insurance shall:
1. Include the interests of Owner, Contractor, Subcontractors, Sub-
Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall be listed
as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for
physical loss and damage to the Work, temporary buildings, false
work and materials and equipment in transit and shall insure against
at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned by
enforcement of Laws and Regulations, water damage (other than
caused by floods), and other perils or causes of loss as may be
specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges of
engineers and architects);
4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being
incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment
recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work
by Owner.
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6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise
agreed to in writing by Owner, Contractor, and Engineer with thirty
days written notice to each other additional insured to whom a
certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this Paragraph SC5.06 shall comply with the requirements of
Paragraph 5.06.C of the General Conditions.
D. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this Article 5.06.A shall comply with the requirements of GC -
5.06. C. The qualifications of the insurance company shall comply with
the requirements of SC- 5.02.A.
SC-6.02 Working Hours Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00AM. To 5:00P.M. Emergency work may be done without prior permission.
SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.l of the General Conditions in its entirety and replace with the
following: 1. Contractor shall submit to Engineer with each application for payment an updated
progress schedule reflecting the amount of work completed and adjustments to future
work. Such adjustments will be acceptable to Engineer as providing an
orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated
schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance
of progress schedules by the Engineer will neither impose on Engineer
responsibility for the sequencing, scheduling or progress of the Work, nor interfere with
or relieve Contractor from Contractor's full responsibility therefore.
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SC- 6.13 SAFETY AND PROTECTION
Change Supplementary Conditions in paragraph 6.13.C to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is
solely responsible for initiating, maintaining, and supervising safety precautions
and programs in connection with the Work. The right of the Owner and Engineer
to observe or otherwise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and work
schedules including preconstruction and scheduled monthly safety meetings,
posted safety rules, tailgate meetings, and site inspections by safety and other
inspectors employed by the Contractor.
H. The Contractor shall be responsible for and shall take necessary precautions and
provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables,
etc., and other underground construction uncovered in the proximity, or otherwise
affected by the construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected
property owner at the Contractor's expense. The Contractor shall also
be responsible for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property or facility,
regardless of location or character, which may be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to and from the work or any
part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or
authority having jurisdiction over, the damaged property or facility concerning its
repair or replacement or payment of costs incurred in connection with said
damage.
I. The Contractor shall conduct his 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, driveways, and walks, whether public or private, the
Contractor shall obtain approval from the governing party and shall, at his own
expense, provide and maintain suitable and safe bridges, detours, and other
temporary expedients for the accommodation of public and private drives before
interfering with them. The provisions for temporary expedients will not be
required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public
property involved, to obstruct traffic at the designated point.
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J. Safety provisions must be entirely adequate and meet with City or State and
Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to
read as follows: While Owner and Engineer may have the right under this Contract to observe or
otherwise review the work, progress and operations of the Contractor, it is
expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder.
SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and
limitations of the Engineer’s Resident Project Representative (if any).
SC- 11.01 COST OF THE WORK
Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in
its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof
whether rented from Contractor or rented from others. The cost shall be calculated as
follows and will include the costs of transportation, loading, unloading, assembly,
dismantling and removal thereof for equipment involved only in the changed portion of
the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being
used for other portions of the Work. The cost of any such equipment, machinery, or parts
shall cease when the use thereof is no longer necessary for the Work. Hourly equipment
and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as
follows: 1. For working equipment, the hourly rate shall be the monthly rental rate
divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly
rental rate divided by 176 hours per month, and the hourly operating cost
shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the
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SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
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equipment rental rates will be negotiated prior to the work being
performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.l and 2 of the General Conditions in its entirety and insert the
following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by
more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or
more of the Contract Price which is the total sum of all schedules (if any), and
SC- 14.02.A APPLICATIONS FOR PAYMENTS
Add the following language at the end of paragraph 14.02.A.l of the General Conditions:
Payments for materials in storage shall be based only upon the actual cost of the materials
and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived
for the material in storage included in the first progress payment application. However,
proof of payment and clear title must be submitted with Application No. 2 for all material
included in Application No. 1. Without such documentation amounts paid for materials in
storage will be deducted from subsequent payments. Beginning with the
second application, all requests for payment for materials in storage shall be
accompanied by Bill of Sale, invoice or other document warranting clear title as required
above.
Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash
retainage. Retainage may be used by the Owner to offset costs for any of the losses
enumerated in Paragraphs l4.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.l.a. through
14.02.D.l.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner.
Add a new paragraph after paragraph to 14.02.A.3 to read:
4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and
other data specified herein or reasonably required by Owner or Engineer. The
Owner reserves the right to require submission of monthly certified payrolls by the
Contractor.
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SC -14.02.C PAYMENT BECOMES DUE
Delete Paragraph 14.02.C.l of the General Conditions in its entirety and insert the following in
its place:
1. The Owner will, upon presentation to him of the Contractor's Application for
Payment with Engineer's recommendation, review and act upon said payment
request once each month on or about the day of each month stipulated by the
Owner at the preconstruction conference. Payment will become due when Owner
approves the application for payment and when due, will be paid by Owner to
Contractor.
SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.l.c to read:
.. .entitling Owner to a set-off against the amount recommended, including liquidated
damages; or...
SC-14.03 CONTRACTORS WARRANTY OF TITLE
Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the
Owner to Contractor, nor any use or occupancy of the Work or any part thereof will
release the Contractor from complying with the Contract Documents. Specifically the
Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included
in an application for payment or not, for the hull insurable value thereof. Passing title to
Owner for materials and equipment included in an application for payment does not
relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these
Supplementary Conditions. All insurance shall remain in effect as provided in Article 5.
SC- 14.05 PARTIAL UTILIZATION
Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially
completed portions of the work at any time, but such taking possession or use will not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. Owner’s use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's
use of any facilities not specifically identified in the Contract Documents will be in
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I
Accordance with conditions agreed to prior to such use, and any extra costs or delays in
completion incurred and properly claimed by Contractor will be equitably adjusted with a
Change Order. Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by Owner prior to substantial completion of the
entire work will be done in accordance with General Conditions 14.04. Guarantee
periods for accepted or substantially completed work including mechanical and electrical
equipment will commence upon the start of continuous use by Owner. All tests and
instruction of Owner's personnel must be satisfactorily completed, and Owner shall
assume responsibility for and operation of all facilities occupied or used except as may
arise through portions of work not yet completed by Contractor If the work has been
substantially completed and the Engineer certifies that full completion thereof is
materially delayed through no fault of the Contractor, the Owner shall, without
terminating the Agreement, make payment of the balance due for the portion of the work
fully completed and accepted.
SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A:
After Contractor has remedied all deficiencies to the satisfaction of the Engineer and
delivered all construction records, maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, and other documents (all as required by the
Contract Documents), Owner and Contractor shall be promptly notified in writing by
Engineer that the work is acceptable.
SC-16.01 DISPUTE RESOLUTION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for
a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and
a copy will be sent to Engineer for information. Once the other party receives the request
for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually
agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws
or Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.C below, no mediation arising of or relating
to the Contract Documents shall include by consolidation, joiner, or in any other manner
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Page 13 of 14
any other person or entity (including Engineer, Engineer's
Consultant and the Officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless:
1. the inclusion of such other individual or entity is necessary if complete relief is
to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or
fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and
3. the written consent of the other individual or entity sought to be included
and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall
constitute consent to mediation of any dispute not specifically described in such
consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 l.B, if a Claim or counterclaim, dispute or other
matter in question between Owner and Contractor involves the Work of a Subcontractor,
either Owner or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts
required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such
Subcontractor. Nothing in this paragraph SC-16.0 l.C nor in the provision of such
subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not
otherwise exist.
SC-17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby
designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered. The mailing address for giving notices to Owner
given in the Agreement is hereby designated as the place to which all notices, letters, and
other communication to Owner shall be mailed or delivered. Either party may change his
address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810
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MONTANA
PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2020
Effective: January 2, 2020
Steve Bullock, Governor
State of Montana
Galen Hollenbaugh, Commissioner
Department of Labor and Industry
To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact:
Employment Relations Division Montana Department of Labor and Industry
P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-6543
The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best
to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities
Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this
publication.
The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the department at (406) 444-6543.
In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the department at (406) 444-6543.
GALEN HOLLENBAUGH Commissioner Department of Labor and Industry State of Montana
2
TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
WAGE RATES:
A. Date of Publication ………………………………………………………………………………………………………………. 3 B. Definition of Heavy Construction ………………………………………………………………………………………............. 3 C. Definition of Public Works Contract ………………………………………………………………………………………….... 3 D. Prevailing Wage Schedule ……………………………………………………………………………………………………… 3 E. Rates to Use for Projects ………………………………………………………………………………………………………… 3 F. Wage Rate Adjustments for Multiyear Contracts ……………………………………………………………………………… 3 G. Fringe Benefits ……………………………………………………………………………………………………………………. 4 H. Dispatch City ………………………………………………………………………………………………………………………. 4 I. Zone Pay ………………………………………………………………………………………………………………………….. 4 J. Computing Travel Benefits ……………………………………………………………………………………………………… 4 K. Per Diem ………………………………………………………………………………………………………………………….. 4
L. Apprentices ……………………………………………………………………………………………………………………….. 4 M. Posting Notice of Prevailing Wages ……………………………………………………………………………………………. 5 N. Employment Preference ……………………………………………………………………………………………………....... 5 O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ……………………………………………………………………………………………………………………. 5 R. Foreman Rates …………………………………………………………………………………………………………………. 5
BOILERMAKERS ……………………………………………………………………………………………………………………….. 6 BRICK, BLOCK, AND STONE MASONS ………………………………………………………………………………………........ 6 CARPENTERS ………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS ……………………………………………………………………………….. 7 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 …………………………………………………………………………………………………………..... 7 OPERATORS GROUP 2 ……………………………………………………………………………………………………………. 7 OPERATORS GROUP 3 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 4 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 5 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 6 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 7 ……………………………………………………………………………………………………………. 9
CONSTRUCTION LABORERS LABORERS GROUP 1 ……………………………………………………………………………………………………………. 9
LABORERS GROUP 2 ……………………………………………………………………………………………………………. 9 LABORERS GROUP 3 ……………………………………………………………………………………………………………. 10 LABORERS GROUP 4 ……………………………………………………………………………………………………………. 10 DIVERS …………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ………………………………………………………………………………………………………………………. 11 ELECTRICIANS …………………………………………............................................................................................................ 11 DRYWALL APPLICATORS …………………………………………………………………………………………………................ 11 HEATING AND AIR CONDITIONING ...................................................................................................................................... 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ………………………………………………………………... 12 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS ……………………………………………………………. 12 LINE CONSTRUCTION EQUIPMENT OPERATORS …………………………………………………………………………………..........………………. 12 GROUNDMAN ………………………………………………………………………………………………...........……………….. 12
LINEMAN ……………………………………………………………………………………………...........………………………… 13 MILLWRIGHTS ………………………………………………………………………………………………………………………….. 13 PAINTERS ……………………………………………………………………………..............….................................................... 13 PILE BUCKS …………………………………………………………………………………………………………………………….. 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS ……………………………………………………………………………….. 14 SHEET METAL WORKERS …………………………………………………………………………………………………………… 14 SOLAR PHOTVOLTAIC INSTALLERS ………............................................................................................................…........ 14 TRUCK DRIVERS .................................................................................................................................................................. 15
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A. Date of Publication January 2, 2020
B. Definition of Heavy Construction
The Administrative Rules of Montana (ARM), 24.17.501(4) – (4)(a), states “Heavy construction projects include, but are
not limited to, those projects that are not properly classified as either ‘building construction’, or ‘highway construction.’
Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for
commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs,
chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to
construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood
control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not
incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and
waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units – not
buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm,
etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples,
tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply
lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells.”
C. Definition of Public Works Contract
Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the state,
county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county,
municipality, or political subdivision in which the total cost of the contract is in excess of $25,000...”.
D. Prevailing Wage Schedule
This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein. These
rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for
Building Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at
www.mtwagehourbopa.com or by contacting the department at (406) 444-6543.
E. Rates to Use for Projects
ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the time the
bid specifications are advertised.”
F. Wage Rate Adjustments for Multiyear Contracts
Section 18-2-417, MCA states:
“(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform
must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the
workers performing the contract.
(2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12
months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The
adjustment must be made and applied every 12 months for the term of the contract.
(3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the
contractor and any subcontractors and not the contracting agency.”
4
G. Fringe Benefits
Section 18-2-412, MCA states:
“(1) To fulfill the obligation...a contractor or subcontractor may:
(a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages
directly to the worker or employee in cash;
(b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that
meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved
by the U. S. department of labor; or
(c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of
payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel
allowances, applicable to the district for the particular type of work being performed.
(2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees
for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs
that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S.
department of labor.”
Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be
considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in
effect that specifies otherwise.
H. Dispatch City
ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is closest to the center
of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula.”
I. Zone Pay
Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as “...an amount added to the base pay; the combined sum
then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by
measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.”
See section H above for a list of dispatch cities.
J. Computing Travel Benefits
ARM, 24.17.103(22), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and
from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the
road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever
is closer, to the center of the job.” See section H above for a list of dispatch cities.
K. Per Diem
ARM, 24.17.103(18), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is paid
when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location
overnight or longer.”
L. Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those
programs. Additionally, Section 18-2-416(2), MCA states, “…The full amount of any applicable fringe benefits must be
paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in
approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when
working on a public works contract.
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M. Posting Notice of Prevailing Wages
Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are “…performing work or
providing construction services under public works contracts, as provided in this part, shall post in a prominent and
accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of
the project, a legible statement of all wages and fringe benefits to be paid to the employees.”
N. Employment Preference
Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana
residents in the performance of work on public works contracts.
O. Projects of a Mixed Nature
Section 18-2-408, MCA states:
“(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public
works construction services project is classified as a highway construction project, a heavy construction project, or a building
construction project.
(2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at
the rate for that project classification”
P. Occupations Definitions
You can find definitions for these occupations on the following Bureau of Labor Statistics website:
http://www.bls.gov/oes/current/oes_stru.htm
Q. Welder Rates
Welders receive the rate prescribed for the craft performing an operation to which welding is incidental.
R. Foreman Rates
Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at
least the journey level rate.
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WAGE RATES
BOILERMAKERS
Wage Benefit $33.17 $30.88
Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks.
Travel:
All Districts 0-120 mi. free zone >120 mi. federal mileage rate/mi.
Special Provision: Travel is paid only at the beginning and end of the job.
Per Diem:
All Districts
0-70 mi. free zone >70-120 mi. $65.00/day
>120 mi. $80.00/day
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BRICK, BLOCK, AND STONE MASONS
Wage Benefit
$33.68 $14.89
Travel: 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day
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CARPENTERS Wage Benefit $31.00 $13.57
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr.
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CEMENT MASONS AND CONCRETE FINISHERS
Wage Benefit $22.85 $12.64
Duties Include:
Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for
sidewalks, curbs, or gutters.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 1
Wage Benefit $27.91 $13.55
This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring
Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr.
>60 mi. base pay + $5.50/hr.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 2
Wage Benefit $28.70 $13.55
This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 3
Wage Benefit $29.45 $13.55
This group includes but is not limited to:
Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway
Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes,
Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill,
over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 4
Wage Benefit
$30.45 $13.55
This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 5
Wage Benefit
$31.45 $13.55
This group includes but is not limited to:
Cranes, 45 tons up to and incl. 74 tons.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 6
Wage Benefit
$32.45 $13.55
This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All).
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 7
Wage Benefit
$33.45 $13.55
This group includes but is not limited to:
Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons;
Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr.
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CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL
Wage Benefit $23.08 $10.94
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr.
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CONSTRUCTION LABORERS GROUP 2
Wage Benefit
$25.90 $10.94
This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker.
Zone Pay:
0-30 mi. free zone >30-60 mi. base pay + $3.05/hr.
>60 mi. base pay + $4.85/hr.
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CONSTRUCTION LABORERS GROUP 3
Wage Benefit $26.04 $10.94
This group includes but is not limited to:
Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure
Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power);
Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr.
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CONSTRUCTION LABORERS GROUP 4
Wage Benefit $26.76 $10.94
This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc
Zone Pay: 0-30 mi. free zone
>30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr.
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DIVERS
Wage Benefit Stand-By $41.23 $16.88 Diving $82.46 $16.88 Depth Pay (Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures
0-25 ft. free zone >25-300 ft. $1.00 per ft.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr.
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DIVER TENDERS
Wage Benefit $40.23 $16.88 The tender shall receive 2 hours at the straight time pay
rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr.
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DRYWALL APPLICATORS
Wage Benefit $31.00 $13.57
Zone Pay: 0-30 mi. free zone
>30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr.
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ELECTRICIANS
Wage Benefit
$34.08 $14.56
Travel:
District 4
No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when
traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day
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HEATING AND AIR CONDITIONING
Wage Benefit $30.09 $18.83
Duties Include: Testing and balancing, commissioning and retro-commissioning of all air-handling equipment and duct work.
Travel: 0-50 mi. free zone >50 mi.
▪ $0.25/mi. in employer vehicle.
▪ $0.65/mi. in employee vehilcle.
Per Diem: $70/day
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INSULATION WORKERS - MECHANICAL (HEAT AND FROST)
Wage Benefit $37.77 $19.87
Duties Include: Insulate pipes, ductwork or other mechanical systems.
Travel: 0-30 mi. free zone >30-40 mi. $25.00/day >40-50 mi. $35.00/day >50-60 mi. $45.00/day >60 mi. $60.00/day plus
▪ $0.56/mi. if transportation is not provided.
▪ $0.20/mi. if in company vehicle. >60 mi. $90.00/day on jobs requiring an overnight stay plus
▪ $0.56/mi. if transportation is not provided.
▪ $0.20/mi. if in company vehicle.
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IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS
Wage Benefit $28.00 $26.40
Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel.
Travel: 0-45 mi. free zone
>45-60 mi. $45.00/day >60-100 mi. $70.00/day
>100 mi. $90.00/day
Special Provision: When the employer provides transportation, travel will not be paid. However, when an employee is required to travel over 70 miles one way, the employee may elect to receive the travel pay in lieu of the transportation.
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LINE CONSTRUCTION – EQUIPMENT OPERATORS
Wage Benefit
$35.04 $16.45
Duties Include: All work on substations
Travel: No Free Zone $60.00/day
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LINE CONSTRUCTION – GROUNDMAN
Wage Benefit
$27.36 $15.60
Duties Include: All work on substations
Travel:
No Free Zone $60.00/day
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LINE CONSTRUCTION – LINEMAN
Wage Benefit
$45.74 $17.60
Duties Include: All work on substations
Travel: No Free Zone $60.00/day
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MILLWRIGHTS
Wage Benefit
$34.00 $13.57
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr.
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PAINTERS
Wage Benefit
$25.00 $0.00 Travel: No travel or per diem established.
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PILE BUCKS
Wage Benefit
$31.00 $13.57
Duties Include:
Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr.
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PLUMBERS, PIPEFITTERS, AND STEAMFITTERS
Wage Benefit $36.46 $18.71
Duties Include:
Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or
gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may
also install heating and cooling equipment and mechanical control systems.
Travel: 0-70 free zone >70 mi.
▪ On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn’t provide transportation. Not to exceed two trips.
▪ On jobs when employees work any number of
consecutive days: $100.00/day.
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SHEET METAL WORKERS
Wage Benefit $30.09 $18.83
Duties Include: Testing and balancing, commissioning and retro-commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, dismantling, and alteration of all HVAC systems, air
veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing.
Travel: 0-50 mi. free zone
>50 mi.
▪ $0.25/mi. in employer vehicle
▪ $0.65/mi. in employee vehicle
Per Diem: $70.00/day
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SOLAR PHOTOVOLTAIC INSTALLERS
Wage Benefit
$34.08 $14.91
Travel:
No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when
traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day
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TRUCK DRIVERS
Pilot Car Driver
No Rate Established
Wage Benefit Truck Driver $31.28 $9.37
Group 2: Combination Truck and Concrete Mixer and Transit
Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service
Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman,
Cardex and Warehouse Expeditor; Water Trucks.
Zone Pay:
All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + .$4.85/hr.
Special Provision: Zone pay only applies to the Truck Driver classification. No zone pay was established for Pilot Car Driver.
Section 012
SPECIAL PROVISIONS
Page 1 of 10
SPECIAL PROVISIONS
Westridge Stormwater Treatment Project
1. GENERAL
The work to be performed under this Contract includes the installation of a stormwater inlet
structure and a treatment unit near the intersection of Westridge Drive and Overbrook Drive,
including supplying and installing the treatment unit, site restoration, traffic control, and all other
items incidental to construction.
All work shall be performed in accordance with applicable sections of the Montana Public Works
Standard Specifications Sixth Edition (MPWSS), and as further modified by the City of Bozeman
Modifications to MPWSS, Sixth Edition, which is hereby included as part of these Special
Provisions. All references to MPWSS sections, unless otherwise noted, are a reference to said
Montana Public Works Standard Specifications.
All correspondence and official authorization concerning the work shall be with the Project
Manager or their designated representatives as identified at the preconstruction conference.
Any changes in the Work or schedule not authorized by the above shall be deemed as
unauthorized and shall be done at Contractor’s risk at no cost to the City of Bozeman. All
damages, reparations, and costs thus incurred during the progress of such unauthorized work
shall be borne exclusively by the Contractor.
2. TIME OF COMMENCEMENT AND COMPLETION DATE
The beginning of the Contract Time shall be stated in a written Notice to Proceed written by the
Project Manager to the Contractor. In establishing the date when Contract Time begins, the
Project Manager will consider that the Contract time begins following delivery of the Notice to
Proceed. A separate Notice to Proceed may be issued for each separate or combined quote
schedule. Where multiple schedules are awarded under a single Contract, the Contract times
shall run concurrently, unless the City of Bozeman agrees to issue a separate Notices to Proceed.
The Contract Time will expire automatically after the number of calendar days stated as Contract
Time, except as the Contract Time may be extended by change order.
3. LIQUIDATED DAMAGES
Subject to the provisions of the Contract Documents, the City of Bozeman shall be entitled to
liquidated damages for failure of the Contractor to complete the work within the specified
Contract time.
The Contractor agrees to pay liquidated damages for compensation to the City of Bozeman for
Section 012
SPECIAL PROVISIONS
Page 2 of 10
expenses incurred by the City of Bozeman during the Contract time overrun.
As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of
$500.00 per calendar day for each day that the work remains uncompleted beyond the Contract
period. Liquidated damages shall be paid by deduction from monthly progress payments and the
final payment.
4. COST LIMITATIONS
The City of Bozeman reserves the right to eliminate or reduce certain proposal items from the
project following the quote opening to make the project financially feasible with the limitations
of the funds allocated for this project. The determination of which items shall be eliminated shall
be the responsibility of the City of Bozeman.
5. NAMES, PRODUCTS AND SUBSTITUTIONS
Where products or materials are specified by manufacturer, trade name, or brand, such
designations are intended to indicate the required quality, type, utility, and finish. Requests for
proposed substitution shall include complete specifications and descriptive data to prove the
equality of proposed substitutions. Substitutions shall not be made without the written approval
of the City of Bozeman. No substitutions will be considered until after Contract award.
6. APPROVAL OF EQUIPMENT AND MATERIALS
The Contractor shall furnish to the City of Bozeman or its Engineer for approval the name of the
manufacturer of machinery, mechanical and other equipment and materials which they
contemplate using in execution of the work, together with the performance capacities and such
other information which may be pertinent or required by the City of Bozeman.
7. CONTRACTOR'S QUALIFICATIONS
The Contractor shall show evidence that they have the finances, organization, and equipment to
perform the work with a limited number of subcontractors. The Contractor will be required to
have a full-time resident General Superintendent on the job at all times while the work is in
progress. They shall be in a position to direct the work and make decisions either directly or
through immediate contact with their superior. Absence or incompetence of the superintendent
shall be reason for the City of Bozeman to stop all work on the project.
8. WARRANTY
If, within two years after acceptance of the work by the City of Bozeman, any of the work is found
to be defective or not in accordance with the Contract Documents, and upon written notice from
Section 012
SPECIAL PROVISIONS
Page 3 of 10
the City of Bozeman, 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 City of Bozeman may correct the work at the expense of the Contractor.
9. SCHEDULING
Prior to or at the preconstruction meeting, the Contractor shall provide the Project Manager the
following schedules:
A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and
progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar
Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to
reflect project changes.
B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that
will become due to the Contractor in accordance with the Construction Progress Schedule.
C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for
the specific conditions involved with each construction schedule.
The Contractor shall limit working hours to 8:00 a.m. to 5:00 p.m., Monday through Friday. No
work shall be done outside of these hours unless specifically approved by the Project Manager.
10. PRECONSTRUCTION CONFERENCE
After the Contract(s) have been awarded, but before the start of construction, a conference will
be held at the jobsite on Westridge, for the purpose of discussing requirements on such matters
as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to
contractors, Contract change orders, insurance, safety, and any other items pertinent to the
project. The Contractor shall arrange to have all supervisory personnel and a representative from
each of the affected utility companies connected with the project on hand to meet with a
representative of the City of Bozeman to discuss the project and any problems anticipated.
11. SHOP AND FABRICATION DRAWINGS
The Contractor shall prepare and submit fabrication drawings, design mix information, material
testing compliance data, and other data, in accordance with the General Conditions. Following
review, the Contractor shall resubmit copies of any drawings which required revision or
correction.
Any review by the City of Bozeman will not relieve the Contractor from responsibility for errors
Section 012
SPECIAL PROVISIONS
Page 4 of 10
or omissions, inadequate design performance requirements, schedule requirements, and proper
operation of any item required under the Contract. Notwithstanding any such review, Contractor
shall remain solely responsible for full and complete performance in accordance with the terms,
conditions, provisions, drawings and specifications set forth in the Contract Documents.
12. UNDERGROUND UTILITIES
The Contractor shall be responsible for checking with the owners of underground utilities such
as the City, County, power and telephone companies, etc. as to the location of their underground
installations in the project area. The Contractor shall be solely responsible for any damage done
to these installations due to failure to locate them or to properly protect them when their
location is known.
It shall be solely the responsibility of the Contractor to fully coordinate their work with the
agencies and to keep them informed of their construction activities so that these vital
installations are fully protected at all times.
A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests
for underground facility locate information. The Contractor is responsible for contacting the One-
call system prior to any excavation.
13. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY
The Contractor shall contain all of their construction operations within the easements and rights
of way unless written approval is secured from the City of Bozeman of the adjoining property or
written approval is given by the City of Bozeman to utilize the adjacent land area.
14. TRAFFIC CONTROL
B. General. The Contractor shall at all times conduct their operations so that there is a
minimum interruption in the use of the City of Bozeman's streets affected by the work. Exact
procedures in this respect shall be established in advance of construction with the City Engineer.
Barricade function, design and construction shall conform to the latest edition of the Manual on
Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge
Construction of the State Highway Commission of Montana latest Edition.
Should construction of the project require the closure of any streets, roads or highways or require
night-time or long-term traffic control, the Contractor will be required to prepare a detailed
TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the
specific conditions. Traffic control plans shall be in conformance with the requirements of the
Section 012
SPECIAL PROVISIONS
Page 5 of 10
Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific
details on traffic detours and estimated durations of the closures. Details of signing, barricades,
flagging and other traffic control devices shall be presented. The Traffic Control Plan shall be
approved by the City of Bozeman prior to construction. The Contractor may be required to modify
or adjust a traffic control set-up to fit specific field conditions encountered during construction.
C. Traffic Access. Construction work shall be programmed by the Contractor so that local
traffic will have continuous access within one block of any given property. It shall be the
responsibility of the Contractor to notify all affected residents in the area of programmed work,
of street closures, parking requirements and restrictions, and any other conditions, a minimum
of twenty-four (24) hours prior to beginning work within the affected area. All signing,
barricades, and other traffic control measures shall be provided by the Contractor.
D. Warning Signals. All streets, roads, highways and other public thoroughfares which
are closed to traffic shall be protected by means of effective barricades on which shall be placed,
mounted or affixed acceptable warning signs. Barricades shall be located at the nearest
intersecting public highway or street on each side of the blocked section.
All open trenches and other excavations within the construction area shall be provided with
suitable barriers, signs and lights to the extent that adequate public protection is provided. All
abrupt grade changes greater than one inch which traffic is required to pass over; and
obstructions, including but not limited to, material stockpiles and equipment shall be similarly
protected.
All barricades and obstructions shall be illuminated by means of warning lights at night. All lights
used for this purpose shall be kept burning from sundown to sunrise.
E. Notifications. The Contractor shall coordinate all of the Contractor’s construction
activities to minimize conflicts at the work site, off-site events, or other construction projects
nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police,
Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR
Ambulance Service, and Allied Waste Services of all planned street closures a minimum of 24
hours before any actual street closure. In addition, all businesses affected by a street closure
shall be given seven (7) days advance notice of the upcoming street closure. The Contractor shall
maintain a log of all advance notifications that have been made for each street segment
construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare
a news release announcing the upcoming street closure which shall specify at a minimum the
impact of the construction upon the public and the duration of the work. At least three days
prior to the street closure, the Contractor shall submit the news release to all local news media,
and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle.
Section 012
SPECIAL PROVISIONS
Page 6 of 10
F. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman
Street Department and the Montana Department of Transportation when working in or near a
signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman
Street Department and the Montana Department of Transportation.
G. Work Methods.
1. The Contractor shall position all traffic control devices according to plan prior
to positioning personnel or equipment on the traveled way.
2. The Contractor shall inspect and check the work zone traffic control frequently
including weekends, holidays, and other non-working days, and shall correct any
deficiencies discovered. The Contractor shall keep a log of all inspections.
3. Construction traffic control devices shall be removed or covered when they
are not being used for construction activities.
4. If the Contractor fails to correct a deficiency in the traffic control system that
the Engineer deems a necessary traffic control modification to expedite the
movement of traffic or an emergency hazard to life and/or property, the City of
Bozeman may correct the deficiency and be reimbursed for all costs from the
next progress payment to the Contractor.
5. Flagging shall be only performed by certified and properly equipped
flagpersons. Flagging shall be done as described in the booklet “Instructions to
Flagpersons” published by the Montana Department of Transportation.
6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians
to the greatest extent possible. When necessary pedestrian detours shall be
established or the sidewalk shall be properly closed to travel in accordance with
the MUTCD and City of Bozeman requirements.
7. The Contractor shall schedule the work to minimize inconvenience to the City
of Bozeman and to adjacent property owners and to minimize interruptions to
utility service and through traffic. The Contractor shall maintain vehicular access
to local businesses at all times. Work shall be scheduled so as to minimize
disruptions to local mail and freight delivery. The Contractor shall maintain
vehicular access to residences able to be used after each shift.
Street closures shall be closures to through traffic with local traffic allowed.
Provide channelization, flaggers, or other measures necessary to allow the safe
Section 012
SPECIAL PROVISIONS
Page 7 of 10
passage of local vehicles to access residences that are within the work zone but
not blocked by construction. Notify all residents at least 24 hours in advance of
any access restrictions for individual approach or street closures. Schedule work
such that individual approach closures last no more than a single shift.
The Contractor shall utilize whatever means they deem necessary to allow traffic
on driveway curbs and aprons a maximum of 10 days after they are poured
unless approval is specifically granted by the home owners to leave them closed
for a longer period of time. The Contractor will be responsible for any cracking
or broken sidewalk that may result from use of the driveways.
8. The Contractor shall designate one (1) employee whose primary purpose shall
be to coordinate traffic control and shall provide a 24 hour per day telephone
number or numbers to contact this person.
15. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL
The Contractor is responsible for proper disposal of all waste soils, materials, and slurries 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 City of Bozeman. Contractor shall comply with all Local, State, and Federal laws
and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all
refuse and discarded materials in an approved location.
This project is less than one acre in area and therefore a Construction Stormwater Permit (Permit)
for Sites Less than One Acre is required to be submitted to the City of Bozeman Stormwater
Division. Compiling and submitting the Permit is the responsibility of the Contractor. This Permit
must be approved by the City of Bozeman prior to any construction activities.
The Contractor shall exercise all reasonable precautions throughout the life of the project to
prevent pollution or siltation of the City of Bozeman’s stormwater system, rivers, streams or
impoundments. Pollutants such as chemicals, slurries, fuels, lubricants, bitumens, raw sewage,
and other harmful wastes shall not be discharged into the city stormwater system or 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 Montana DEQ, Department of Fish, Wildlife and
Parks, Department of Health and Environmental Sciences and other State or Federal regulations
relating to the prevention or abatement of water pollution and siltation. The Contractor's
specific attention is directed to the Montana Water Quality Act and the Montana Stream
Preservation Act.
Section 012
SPECIAL PROVISIONS
Page 8 of 10
The Contractor shall be responsible for obtaining any required discharge permits associated with
groundwater de-watering operations and stormwater runoff. All debris or waste materials shall
be cleaned up by the end of the work day. The Contractor is responsible for required Permit
inspections, corrective actions, and documentation as well as BMP installation, inspections,
maintenance, and removal upon project final stabilization.
16. PROTECTION OF EXISTING PAVEMENT
All equipment shall be fitted with pads on the outriggers and other accessories as necessary to
prevent damage to existing pavement during the course of the project. Any damages to
pavement shall be corrected by the Contractor, at their expense, in a manner as directed by the
Project Manager.
17. MANHOLES, VALVE AND MONUMENT BOXES
All manholes, valve and monument boxes shall be protected with heavy builder’s paper until final
coating and compaction has occurred. Contractor shall dig out and clean completely all boxes
and manholes which are not protected. All manholes and boxes which are at the edges of the
defined limits of construction shall be treated as if they are completely within the construction
area and the area immediately surrounding the raised and/or protected manholes and boxes
shall be feathered in so as to provide a gradual transition over such manhole and/or box.
It is imperative that manholes and valve boxes be accessible to the City of Bozeman for
emergency maintenance of its utilities. The Contractor shall schedule their work to provide timely
access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the
Contractor and not immediately re-exposed shall be subject to being uncovered by City of
Bozeman crews without notice in response to emergency maintenance needs. The Contractor
shall be responsible for reasonable restoration at no cost to the City of Bozeman.
18. OPERATION OF EXISTING VALVES
All existing City of Bozeman water main valves shall be operated by authorized personnel of the
City of Bozeman only. The Contractor shall not operate any existing valves without the written
consent of the City of Bozeman.
19. SALVAGEABLE ITEMS
Any items removed from the existing system under the terms of this Contract shall remain the
property of the City of Bozeman. Should the City of Bozeman choose not to accept any
salvageable items, then the Contractor shall dispose of those items at their expense at a site or
Section 012 SPECIAL PROVISIONS Page 9 of 10
landfill acceptable to the Project Manager. Any costs for the above referenced work shall be at
the Contractor’s expense.
20. ACCESS TO RECORDS
The Contractor shall allow access to any books, documents, papers and records which are directly
pertinent to this Contract by the City of Bozeman, State or Federal agencies, or any of their duly
authorized representatives for the purpose of making an audit, examination, excerpts or
transcriptions.
21. INSURANCE
Insurance coverage required under this Contract shall extend, at a minimum, to the end of the
Contract time.
22. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS
Prior to initiation of any excavation or removal of existing curb, the Contractor shall cut all tree
roots at the back limits of excavation with a Vermeer root cutter or other similar machine capable
of cutting the roots in a neat clean, fashion from existing ground to subgrade elevation.
Indiscriminate ripping of tree roots will not be permitted. The method and equipment to be used
shall be submitted to the Project Manager for approval prior to the start of work. In addition,
the Contractor shall take special care when working around trees to avoid any unnecessary
damage to the branches or the trunks of trees. Protective barriers shall be placed around trees
as necessary to prevent inadvertent damage by equipment.
The Contractor shall take care to locate any existing sprinkler heads or lines prior to
excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The
Contractor shall be responsible for preserving existing property pins in the field. The cost of
resetting property pins removed by the Contractor shall be the responsibility of the Contractor.
23. UNSCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS
One City of Bozeman Water/Sewer Operations Department service worker will be available 7:15
AM till 5:15 PM Monday-Friday with the exception of City of Bozeman recognized holidays, when
water and sewer main replacement work is required. Work scheduled outside these times with
less than 24 hours’ notice will be billed at 1.5 times the service worker’s base pay rate of $ 28.00
per hour. Call outs (emergency response with no notice) will be billed 2 hours double the
employee’s base rate. Each succeeding hour thereafter 1.5 times the base rate.
The Contractor is required to respond to affected property owners within the project and resolve
complaints/issues that are raised. If the City of Bozeman is contacted due to non-responsiveness
Section 012 SPECIAL PROVISIONS Page 10 of 10
on the part of Contractor, the City of Bozeman will resolve the issue and charge the Contractor
for its time at the rates provided for in this section.
24. DELAYS
The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated
in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal
precipitation, or other natural phenomena. Time extensions will not be granted for rain, wind,
flood, or other natural phenomena of normal intensity for the locality where Work is
performed. Such events will not constitute justification for an extension of time unless agreed
upon by both the Project Manager and Contractor, and the total time lost to such events exceeds
5% of the Contract Time. For purposes of determining extent of delay attributable to unusual
weather phenomena, a determination shall be made by comparing the weather for a minimum
continuous period of at least one-fourth of the Contract Time involved with the average of the
preceding 5 –year climatic range during the same time interval based on U.S. Weather Bureau
statistics for the locality where the Work is performed.
25. CONSTRUCTION TRAFFIC ROUTES
To the greatest extent possible, the Contractor shall utilize the arterial and collector streets in
the area for access to and from the site. This includes general construction traffic in addition to
the transport of equipment and materials to and from the site. The streets in the area that meet
this designation include South 3rd Avenue and Kagy Boulevard. The Contractor shall receive prior
approval from the Project Manager in order to use any local residential streets for a short term
construction traffic route.
26. CONSTRUCTION STAKING
The Contractor will be responsible for all layout for construction. The Contractor will be provided
with an electronic version of the plans in AutoCad format and scalable hard copies of the Contract
drawings. Discrepancies between drawings, specifications, and existing conditions shall be
referred to the Project Manager for adjustment before work is performed.
Construction Staking. Due to the nature of this project, construction staking by a licensed
professional surveyor is not required.
Prior to commencing the work, the Contractor shall carefully check all drawings that in any way
impact the location or elevation of the work to be executed by them, and should a discrepancy
be found, they shall immediately report the same to the Project Manager for verification and
adjustment. Any duplication of work made necessary by failure or neglect on the part of the
Contractor to comply with this requirement shall be done at their sole expense.
Section 013
PRODUCT SPECIFICATIONS
Page 1 of 2
Product Specifications
Westridge Stormwater Treatment Project
1. Item 104 (Unclassified Excavation)
a. Specification: Montana Public Works Standard Specifications (6th Edition) - Section 02112
and 02221, City of Bozeman Modifications to Montana Public Works Standard Specifications
(Sixth Edition) – Section 02112 and 02221
b. Measurement and Payment: See Contract Documents Section 014
c. Project Drawings: Pages 1, 2, 3, and 4
2. Item 105 (Hydrodynamic Separator Unit)
a. Specification: See Hydrodynamic Separator Specification - 015
b. Measurement and Payment: See Contract Documents Section 014
c. Project Drawings: Pages 2, 3, and 4
3. Item 106 (Flowable Fill)
a. Specification: Flowable backfill shall be used to backfill all trenches within the scope of this
project. Flowable fill shall extend from the top of the pipe bedding to the bottom of the
concrete/asphalt grade. All flowable (no shrink) backfill shall meet the following MDOT
specifications: Flowable fill is a mixture of Portland cement, fly ash, fine aggregate, air entraining
admixture and water. Flowable fill contains a low cementitious content for reduced strength
development. Submit a mix design for approval. No compressive strength testing is required for
the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable
flowable fill.
TABLE 551-1
FLOWABLE FILL MIX DESIGN GUIDE
MATERIALS EXCAVATABLE NON-EXCAVATABLE
Cement, Type I or II 75.6-102.6 lb/yd3
(45-60 kg/m3)
75.6-151.2 lb/yd3
(45-90 kg/m3)
Fly Ash None 151.2-596.7 lb/yd3
(90-355 kg/m3)
Water Mix designs must produce a
consistency that results in a
flowable, self-leveling product at
time of replacement.
Mix designs must produce a
consistency that results in a
flowable, self-leveling product at
time of replacement.
Air 5% to 35% 5% to 15%
Unit Weight (Wet) 2,430-2,970 lb/yd3
(1,440-1,760 kg/m3)
2,700-3,375 lb/yd3
(1,600-2,000 kg/m3)
Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness
modulus requirement. High air generators or foaming agents may be used in lieu of conventional air
entraining admixtures and may be added at the jobsite and mixed in accordance with the manufacturer’s
recommendation. The requirements for percent air, compressive strength and unit weight are for
Section 013
PRODUCT SPECIFICATIONS
Page 2 of 2
laboratory designs only and are not intended for jobsite acceptance requirements. Proportion fine
aggregate to yield 1 cubic yard (1 cubic meter).
a. Measurement and Payment: See Contract Documents Section 014
b. Project Drawings: Pages 1, 2, and 4
4. Item 107 (Inlet Replacement)
a. Specification: Montana Public Works Standard Specifications (6th Edition) - Section 02720,
City of Bozeman Modifications to Montana Public Works Standard Specifications (Sixth
Edition) – Section 02720
b. Measurement and Payment: See Contract Documents Section 014
c. Project Drawings: Pages 2, 3, and 4
Section 014
MEASUREMENT AND PAYMENT
Page 1 of 2
Measurement and Payment
Westridge Stormwater Treatment Project
The quantities listed in the Quote Form are estimates for the purpose of quoting only. Payment to the
Contractor will be made based on the actual satisfactorily completed work quantities measured in the
field. Under the terms of this contract, the unit price as contained in the Quote Form shall be
applicable to quantity overruns.
The following measurement and payment sections do not necessarily name every incidental item
required by the Contract Documents to complete the work. Cost of all such incidental items shall be
included in the various related bid items.
Item 101: (Taxes, Bonds, Insurance) To be paid on the first progress pay estimate one-hundred percent
(100%) upon mobilization to begin construction, only if the bid price for this item is less than five
percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five
percent (5%), if any, payment shall be made on the basis of the percentage of the work completed of
each progress estimate.
Item 102: (Mobilization) Fifty percent (50%) to be paid on the first progress estimate when mobilizing
to begin construction, and fifty percent (50%) to be paid following substantial completion and
acceptance of the work.
Item 103: (Dewatering and Stormwater Permit) A Dewatering Plan and Construction Stormwater
Permit for Sites Less Than One Acre must be submitted to the City prior to construction. Measurement
and payment shall be on a lump sum basis to complete, submit and comply with these documents.
Item 104: (Unclassified Excavation) Measurement and payment shall be on a lump sum basis for
excavation as required to install the hydrodynamic separator as specified on the Project Drawings. This
bid item shall include excavation and disposal of native materials, groundwater, concrete structures,
curbing, sidewalks, and asphalt as encountered during excavation. This bid item shall also include
protection, movement and/or removal of existing utility lines and all materials, labor, tools, and
equipment necessary to complete the work.
Item 105: (Hydrodynamic Separator Unit) Measurement and payment shall be on a lump sum basis to
furnish and install Hydrodynamic Separation Unit as described in the contract specifications and
contract plan set. Payment shall include the cost to purchase, deliver and install the separation units,
as well as all labor, equipment, and materials incidental to completion of this item, including the
couplers, reducers, pipe sections, connections and bedding gravel. This bid item shall also include all
materials, labor, tools, testing, and equipment necessary to complete the work.
Item 106: (Flowable Fill) Measurement and payment shall be on a lump sum basis to furnish and place
Section 014
MEASUREMENT AND PAYMENT
Page 2 of 2
flowable backfill in all excavations to the bottom of asphalt or landscape grade. Payment shall include
the purchase, delivery and placement of the flowable fill as well as all equipment, labor, and materials
necessary to complete this item.
Item 107: (Inlet Replacement) Measurement and payment shall be on a lump sum basis to remove the
existing curb inlet and associate manhole as well as furnish and install a curb inlet and manhole as
described in the contract specifications and contract plan set. Payment shall include the cost to
purchase, deliver and install the concrete structure, as well as all labor, equipment, and materials
incidental to completion of this item, including the couplers, pipe, connections, sealant, grade
adjustment and leveling course. This bid item shall also include all materials, labor, tools, testing, and
equipment necessary to complete the work.
Item 108: (Site Restoration) Measurement and payment shall be on a lump sum basis. Payment shall
include compensation for restoring the work areas to pre-existing condition, including: replacing
asphalt, concrete, street signage, utilities, landscaping, and any other infrastructure disturbed or
damaged as a result of the completion of the contract work. It is the contractor’s responsibility to
determine the limits of disturbance necessary for completion of the work. The contractor shall be paid
the lump sum bid amount for site restoration. No separate payment will be made if the limits
disturbance and restoration extend beyond what the contractor initially anticipated.
Item 109: (Traffic Control) Measurement and payment shall be as per MPWSS Section 01570-4.1.
Item 110: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for
any work and/or materials which may be encountered during construction, but not addressed
elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material
and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work,
measured as provided above, will be at agreed upon prices or on force account basis. The number of
units in dollars set down in the contract is estimated only, which may be adjusted up or down by the
Engineer in accordance with the needs of the project.
Section 014
HYDRODYNAMIC SEPARATOR SPECIFICATION
Page 1 of 4
Hydrodynamic Separator Specification
Westridge Stormwater Treatment Project
PART 1 – GENERAL
1.1 Work Included
A. Supply and install one (1) hydrodynamic separator designed to improve stormwater
quality. The hydrodynamic separator shall consist of a pre-cast concrete manhole with
fabricated internal components that separate, capture, accumulate, and store
sediment, floatables, and hydrocarbons.
PART 2 – MATERIALS
2.1 Pre-Cast Concrete Manhole
A. Provide a pre-cast reinforced concrete manhole manufactured in accordance with
ASTM designation C-478. Reinforce the concrete slab top and provide manhole frame
and manhole cover capable of withstanding H-20 loading. Use type 304 stainless steel
masonry fixing bolts for mounting internal components. Provide interlocking concrete
joints between all manhole sections, including a butyl rubber sealant. Pipe
connections with manhole shall be secured with a PSX or A-Lok boot and grout.
2.2 Bedding Material
A. Provide ¾ inch minus screened and washed rock for bedding.
2.3 Internal Components
A. Provide internal components designed to withstand loadings associated with
fabrication, shipping, site installation, and normal operation of equipment.
2.4 Hydrodynamic Separators
A. Provide hydrodynamic separators with stormwater pollutant removal efficiencies as
certified by the Washington State Department of Ecology’s Technology Assessment
Protocol – Ecology (TAPE). Hydrodynamic separators shall meet TAPE’s
“Pretreatment” standards and have a “General” Use Level Designation. More
information is available on the following webpage:
i. https://ecology.wa.gov/Regulations-Permits/Guidance-technical-
assistance/Stormwater-permittee-guidance-resources/Emerging-
stormwater-treatment-technologies.
B. Provide self-activating hydrodynamic separators with no mechanical parts or external
power requirements.
Section 014
HYDRODYNAMIC SEPARATOR SPECIFICATION
Page 2 of 4
C. Provide hydrodynamic separators in accordance with the lines, grades, and
dimensions shown on the plans and specifications.
D. Provide hydrodynamic separators that have sediment storage sumps beneath the
vortex chamber to prevent the re-suspension of captured sediment.
E. Provide hydrodynamic separators that can be inspected and maintained from the
surface without requiring entry into the structures, with a minimum 21-inch diameter
unimpeded access for cleaning the separators’ storage sump.
F. Provide hydrodynamic separators that remove sediment, floatables, and
hydrocarbons during normal operation without the use of sorbent material.
G. Provide hydrodynamic separators that retain previously captured sediment,
floatables, and hydrocarbons during events where the activation of the overflow
bypass occurs and up to the achievement of the maximum flow rate.
H. Provide hydrodynamic separators that maintain existing storm sewer grades.
I. Provide hydrodynamic separators that result in minimal disturbance to the existing
storm sewer, adjacent utilities, sidewalk, and road surface.
J. Hydrodynamic Separator Parameters:
i. Location:
a. Westridge Dr. (see plans)
ii. Maximum Flow Rate = 14.4 cfs
iii. Peak Treatment Flow Rate = 1.6 cfs
iv. Pre-Cast Concrete Manhole Diameter = 5 feet
v. Minimum Sediment Storage Capacity = 1.5 cubic yards
vi. Minimum Oil Storage Capacity: 116 gallons
vii. Inlet Pipe Type = ASTM D3034 PS46
viii. Inlet Pipe Size = 12-inch
ix. Inlet Pipe Type = ASTM D3034 PS46
x. Inlet Pipe Size = 15-inch
xi. Outlet Pipe Type = ASTM F679 PS46
xii. Outlet Pipe Size = 18-inch
K. Approved hydrodynamic separators include:
i. Contech Engineered Solutions: Model CDS 2025-5
ii. The project engineer shall evaluate substitutions on an individual basis
2.5 Manhole Lid(s)
A. Provide manhole lid(s) with a ¾” pick hole in lid to facilitate removal (prefabricated or
drilled).
Section 014
HYDRODYNAMIC SEPARATOR SPECIFICATION
Page 3 of 4
B. The project engineer shall approve the manhole lid configuration, orientation, size,
and quantity.
C. The project engineer shall visually inspect and approve the manhole lid alignment to
ensure adequate maintenance access before final setting.
2.6 Shop Drawings
A. Submit for review, the proposed hydrodynamic separator units showing all
components, subcomponents, and related items to be used to construct the unit.
Show all materials, components, finishes, fastening, weld symbols, coatings,
standards, etc. Include only manufacturer’s standard details that pertain to this
project.
B. Submit for review, the proposed pre-cast manholes, including dimensions, concrete
compressive strength, and all information applicable to installation.
C. Provide the hydrodynamic separators’ manufacturer contact information and
supporting calculations or data to support head loss values, maximum flow rates, peak
treatment flow rates, minimum sediment storage capacities, and minimum oil storage
capacities.
PART 3 – EXECUTION
3.1 Delivery
A. Provide fully fabricated hydrodynamic separators, and ship, handle, and store in
accordance with the manufacturer’s recommendations.
B. Notify the project engineer before the planned installation to allow for inspection.
3.2 Installation
A. Install the hydrodynamic separators in accordance with the manufacturer’s
recommendations. Carry out final adjustments required to assemble the units in
accordance with the manufacturer’s written instructions and project engineer’s
requests.
3.3 Testing
A. Visual Inspection
i. The project engineer shall visually inspect the hydrodynamic separators for
structural integrity, water tightness, and workmanship.
3.4 Certificate of Completion
A. Provide the project engineer with a Certificate of Completion guaranteeing that the
materials and fabrications of the hydrodynamic separators comply with this section
of the specifications.
Section 014
HYDRODYNAMIC SEPARATOR SPECIFICATION
Page 4 of 4
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Section 016
STANDARD DRAWINGS
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STANDARD DRAWINGS
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STANDARD DRAWINGS
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STANDARD DRAWINGS
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STANDARD DRAWINGS
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STANDARD DRAWINGS
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STANDARD DRAWINGS
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APPENDIX B: Project Drawings
Page 1 of 2
Appendix A: Project Drawings
Westridge Stormwater Treatment Project
The following documents shall be made a part of the Contract Documents:
Westridge Stormwater Treatment Project: Sheets 1, 2, 3, and 4
APPENDIX B: Project Drawings
Page 2 of 2
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