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HomeMy WebLinkAbout05-B19-096-Addendum-1_2021.06.04 234 East Babcock, Suite 3  Bozeman, MT 59715  (406) 586-0277  FAX (406) 586-4951 406.586.0277 tdhengineering.com 234 East Babcock Street Suite 3 Bozeman, MT 59715 ADDENDUM NO. 1 PROJECT NAME: Downtown Bozeman Streetscape Project 2021 PROJECT No. : B19-096 This addendum No. 1 forms part of the Contract Documents and modifies the original Bidding Documents as noted below. All provisions of the Contract Documents not in conflict with this Addendum shall remain in full force. Acknowledge receipt of this Addendum in the space provided on the Bid Form and on the outside of the Bid Envelope. Failure to do so may subject the Bidder to disqualification. This addendum consists of two (2) pages and two (2) attachments. 1. CHANGES TO CONTRACT DOCUMENTS: Bid Form – New Bid Form attached to this addendum. Revise the following: The allowed contract time shall be 30 45 calendar days total. These 30 45 days shall be consecutive days and can occur any time between June 14 July 1, 2021 and August 20 October 29, 2021. Agreement Form – New Agreement Form attached to this addendum. Revise the following: The Work will be completed within 30 45 calendar days total after the date when the contract time commences to run as provided in the General Conditions. These 30 45 days shall be consecutive days and can occur any time between June 14 July 1, 2021 and August 20 October 29, 2021. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. I hereby certify that this Addendum was prepared by me or under my direct supervision, and that I am duly registered as a Professional Engineer under the laws of the State of Montana. Kyle Scarr, PE Registration Number 16813 PE 6/7/2021 Page 2 Attachments: Revised Bid Form Revised Agreement Form END OF ADDENDUM NO. 1 BID FORM 1 BID FORM DOWNTOWN BOZEMAN STREETSCAPE CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of ROUSE AVENUE LIGHTING BETWEEN MAIN STREET AND LAMME STREET, 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 Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time shall be 45 calendar days total. These 45 days shall be consecutive days and can occur any time between July 1, 2021 and October 29, 2021. Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 & 2.3 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked BID FORM 2 and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. BID FORM 3 BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Item Description Unit Unit Price Estimated Quantity Total Estimated Price 101 Mobilization L.S. 1 102 Traffic Control L.S. 1 103 Protect Existing Structures and Utilities (Overhead and Underground) L.S. 1 Streetscape Improvements 201 Saw Cut Existing Asphalt/Concrete L.F. 185 FT 202 Remove and Replace Existing Asphalt S.Y. 42 SY 203 Remove and Replace Existing Sidewalk S.F. 255 SF 204 Structural Concrete Pole Foundation EA. 20 205 Conduit, 2.0” PVC, Sidewalk- Boulevard Trench L.F. 108 FT 206 Conduit, 2.0” PVC, Street Trench L.F. 68 FT 207 Conductor, Copper, #10 AWG, Lighting & Ground L.F. 3700 FT 208 Install Owner Supplied Decorative Light Pole and Luminaire Assembly EA. 20 209 Electrical Service EA. 1 TOTAL BID $_____________________ ____________________________________________________________________________________ (TOTAL BID - WRITTEN WORDS) BID FORM 4 BASIS OF AWARD If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Bid. The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated___________________ Submitted this _____ day of _____________________, 2021. SIGNATURE OF BIDDER:__________________________________________ Montana Contractor Registration Number______________________________ If an individual:_____________________________________________ doing business as_____________________________________________ If a Partnership:___________________________________________by ________________________________________, partner _____________________________________________ If a Corporation:_____________________________________________ (a) ____________________________________________ by ____________________________________________ (Seal & Title___________________________________________ Attest) Business Address of Bidder: __________________________________ BID FORM 5 If Bidder 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 _________________________________________ (Seal & Title________________________________________ Attest) AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2021, by and between CITY OF BOZEMAN, hereinafter called OWNER, 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: Reconstruction of South 6th Avenue from Babcock Street to Cleveland Street including: replacement of existing water mains, valves, fittings and appurtenances, sewer mains and manholes, and storm drainage pipe, inlets and manholes; removing the existing road section from curb to curb and constructing a new road section, new signage, spot replacement of existing sidewalks, adjusting existing utilities to accommodate the new roadway, restoring boulevards to pre-existing conditions and all related work incidental to construction. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Rouse Avenue Lighting between Main Street and Lamme Street, City of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 45 calendar days total after the date when the contract time commences to run as provided in the General Conditions. These 45 days shall be consecutive days and can occur any time between July 1, 2021 and October 29, 2021. 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 seven hundred fifty dollars ($ 750.00) for each day that expires after the time specified herein until the Work is substantially complete. 2.3 Special Liquidated Damages. OWNER and CONTRACTOR further recognize that time is of the essence in accommodating water service interruptions throughout the course of the project, and that owner will suffer financial loss if the provisions specified below are not met: 1. All water system interruptions shall comply with the time frames specified in Special Provision 33, or shall be subject to the provisions of this section of this agreement. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the provisions listed in section 2.3.1 of this agreement are not met. 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) or for each hour that expires after the maximum time allowed for water service interruptions specified in section 2.3.1 of this agreement, 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 _________________________________________________________ ($__________). 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 studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 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 he deems 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. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 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 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 Standard General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Sixth Edition, MDT Standard Specifications, Latest Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 with addenda (by reference). 7.12 Appendices 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 Plan Set 7.24 Streetlamp Specifications 7.25 Order to Suspend Work and to Resume Work 7.26 Lien Waivers for Prime Contractors and Subcontractors. Any Contractor Certificates and Releases 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. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 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 where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 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 giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 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 this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title _____________________________ (JOINT VENTURE) By (SEAL &) (ATTEST) Title _____________________________ City of Bozeman (OWNER) By _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) _____________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY)