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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 Page 5 of 10 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 Page 6 of 10 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 Page 7 of 10 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 Page 8 of 10 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 Page 9 of 10 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 Page 10 of 10 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 Page 3 of 4 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 Blank Page 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 Blank Page 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 ($___________). Section 006 AGREEMENT FORM Page 2 of 12 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. Section 006 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. Section 006 AGREEMENT FORM Page 4 of 12 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. Section 006 AGREEMENT FORM Page 5 of 12 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 Page 6 of 12 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. Section 006 AGREEMENT FORM Page 7 of 12 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: Section 006 AGREEMENT FORM Page 8 of 12 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 Page 9 of 12 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. Section 006 AGREEMENT FORM Page 10 of 12 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. Section 006 AGREEMENT FORM Page 11 of 12 ____________ (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) Section 006 AGREEMENT FORM Page 12 of 12 Blank Page 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 Blank Page 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 Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 4 of 14 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 Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 5 of 14 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 Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 6 of 14 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. Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 7 of 14 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. Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 8 of 14 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. Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 9 of 14 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 Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 10 of 14 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. Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 11 of 14 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 Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 12 of 14 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 Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS 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 Section 010 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 14 of 14 Blank Page 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 3 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. 5 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. 6 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 ↑ Back to Table of Contents 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 ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 7 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 8 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 9 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 10 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 11 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 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 ↑ Back to Table of Contents 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 ↑ Back to Table of Contents 12 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. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents LINE CONSTRUCTION – EQUIPMENT OPERATORS Wage Benefit $35.04 $16.45 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – GROUNDMAN Wage Benefit $27.36 $15.60 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents 13 LINE CONSTRUCTION – LINEMAN Wage Benefit $45.74 $17.60 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents 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. ↑ Back to Table of Contents PAINTERS Wage Benefit $25.00 $0.00 Travel: No travel or per diem established. ↑ Back to Table of Contents 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. ↑ Back to Table of Contents 14 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. ↑ Back to Table of Contents 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 ↑ Back to Table of Contents 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 ↑ Back to Table of Contents 15 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 Blank Page Section 016 STANDARD DRAWINGS Page 1 of 8 Section 016 STANDARD DRAWINGS Page 2 of 8 Section 016 STANDARD DRAWINGS Page 3 of 8 Section 016 STANDARD DRAWINGS Page 4 of 8 Section 016 STANDARD DRAWINGS Page 5 of 8 Section 016 STANDARD DRAWINGS Page 6 of 8 Section 016 STANDARD DRAWINGS Page 7 of 8 Section 016 STANDARD DRAWINGS Page 8 of 8 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 Blank Page