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HomeMy WebLinkAboutContract Requirements Intermodal Facility I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN, MT BOZEMAN INTERMODAL FACILITY Federal Transit Administration Contractual Requirements of Contractors and Subcontractors on Projects Funded in Whole or in Part by the United States PART 1 - PURPOSE This project includes funding from the Federal Transit Administration (FT A) and is therefore subject to Federal requirements. This section sets forth the requirements that shall be adhered to by all Contractors and Subcontractors in performance of the Contract. PART 2 - REFERENCES a. Federal Transit Laws, 49 U.S.C. Chapter 53. b. Transportation Equity Act for the 21st Century 1998 (TEA-21), P.L. 105-178 as amended, TEA-21 Restoration Act 1998, P.L. 105-206. c. Sections 4001 and 1555 of the Federal Acquisition Streamlining Act of 1994,41 U.S.C. ~ 403(11) and 40 U.S.C. ~ 481(b), respectively, d. 49 C.F.R. part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. e. Executive Order 12612, "Federalism," dated 10-26-87. f. FTA Circular 5010.1C, "Grant Management Guidelines," dated 10-1-98. g. FT A Master Agreement. h. Best Practices Procurement Manual. PART 3 - DEFINITIONS a. Centralize means concentrating procurement actions and decisions in one person or group within an organization. b. ContractinQ Officer means a procuring official who has delegated authority, usually including authority to sign contracts and amendments on behalf of the procuring agency for one or more specific contracts. c. Contractina Officer's Technical ReDresentatlve (COTR) means a representative of the procuring agency who has more limited authority than the contracting officer, usually including providing technical direction to the contractor. d. DBE means Disadvantaged Business Enterprise. e. DOT refers to the United States of America Department of Transportation. f. FT A refers to the Federal Transit Administration. g. Grantee means the public or private entity to which a grant or cooperative agreement is awarded by FT A. The grantee is the entire legal entity even if only a particular component of the entity is designated in the assistance award document. FT A CONTRACTUAL REQUIREMENTS PAGE 1 OF 24 APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT For the purposes of this document, "grantee" also includes any subgrantee of the grantee. Furthermore, a grantee is responsible for assuring that its subgrantees comply with the requirements and standards of this circular, and that subgrantees are aware of requirements imposed upon them by Federal statutes and regulations. h. Proiect means activity or activities (task or tasks), listed in the Project Description, the Approved Project Budget, and any modifications stated in the Conditions to the Grant Agreement or Cooperative Agreement applicable to the project. i. Recipient means any entity that receives Federal assistance directly from FTA to accomplish the project. The term "Recipient" includes each FT A "Grantee" as well as each FT A Recipient of a Cooperative Agreement. Except as FT A permits otherwise, the Recipient is the entire legal entity even though only a single organization within that entity is designated as the Recipient in the Grant Agreement or Cooperative Agreement. j. State means any of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State exclusive of local governments. "State" does not include any public and Indian housing agency under the United States Housing Act of 1937. k. SubreciDient means any entity that receives Federal assistance awarded by an FT A recipient rather than from FTA directly. The term "subrecipient" also includes the term "subgrantee," but does not include "third party contractor" or "third party subcontractor." I. Third party contract refers to any purchase order or contract awarded by a grantee to a vendor or contractor using Federal financial assistance awarded by FT A. PART 4 - CONTRACTUAL REQUIREMENTS a. Bidders shall report the name, address, DBE/non-DBE status, age of the firm, and annual gross receipts of all firms who quote to them on subcontracts as part of their bid package. b. The Contractor or subcontractor agrees to include appropriate clauses in each subcontract stating subcontractor's responsibility under Federal law, regulation, or directive, including any necessary provisions requiring the subcontractor to extend applicable requirements to its subcontractors to the lowest tier necessary. c. Flv America Reauirements The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. d. Buv America Reauirements 1. The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FT A CONTRACTUAL REQUIREMENTS PAGE 2 OF 24 .; I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT FT A-funded projects are produced in the United States, unless a waiver has ~een granted by FT A or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7. 2. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids or offers on FT A-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. e. Carqo Preference Requirements The Contractor agrees: 1. To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; 2. To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the precedinq paraQraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FT A Owner (throuqh the Contractor in the case of a subcontractor's bill-of-Iadinq.) 3. To include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material. or commodities by ocean vessel. f. Seismic Safetv Requirements The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. g. EnerQY Conservation Requirements The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. h. Clean Water Requirements 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to FT A and the appropriate EPA Regional Office. 2. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. FT A CONTRACTUAL REQUIREMENTS PAGE 3 OF 24 FT A CONTRACTUAL REQUIREMENTS PAGE 4 OF 24 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT i. Lobbvino Byrd Anti-Lobbying Amendment, 31 U.5.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.5.C. ~ 1601, et seq.] ~ Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the Owner. j. Access to Records and Reports The following access to records requirements apply to this Contract: 1. The Contractor agrees to provide the Owner, the FT A Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Owner, the FT A Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 4. The City of Bozeman will require prime contractors to maintain records and documents of payments to Disadvantaged Business Enterprises (DBEs) for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Bozeman or DOT. This reporting requirement also extends to any certified DBE subcontractor. 5. Interim audits will be performed of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. 6. FT A does not require the inclusion of these requirements in subcontracts with non-DBE subcontractors. I I I I I I I I I I I I I 'I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT k. Federal ChanQes Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Owner and FT A, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. I. Bondina Reauirements 1. Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to Owner and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. 2. Rights Reserved a. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by Owner to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of Owner. b. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of Owner, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of Owner's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. C. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by Owner as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense Owner for the damages occasioned by default, then the undersigned bidder agrees to indemnify Owner and pay over to Owner the difference between the bid security and Owner's total damages, so as to make Owner whole. d. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested. will render the bid unresponsive. 3. Performance and Payment Bonding Requirements The Contractor shall be required to obtain performance and payment bonds as follows: a. Performance Bonds i. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the Owner determines that a lesser amount would be adequate for the protection of the Owner. ii. The Owner may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of FT A CONTRACTUAL REQUIREMENTS PAGE 5 OF 24 FTA CONTRACTUAL REQUIREMENTS PAGE 6 OF 24 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT the increase in contract price. The Owner may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. b. Payment Bonds i. The penal amount of the payment bonds shall equal: (1) Fifty percent of the contract price if the contract price is not more than $1 million. (2) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) Two and one half million if the contract price is more than $5 million. ii. If the original contract price is $5 million or less, the Owner may require additional protection as required by subparagraph (i) if the contract price is increased. c. Advance Payment Bondinq Requirements The Contractor may be required to obtain an advance payment bond if the Contract contains an advance payment provision and a performance bond is not furnished. The Owner shall determine the amount of the advance payment bond necessary to protect the Owner. d. Patent InfrinQement Bondinq Requirements (Patent Indemnitv) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The Owner shall determine the amount of the patent indemnity to protect the Owner. e. Warrantv of the Work and Maintenance Bonds i. The Contractor warrants to Owner, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by Owner, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the Project Manager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. ii. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by Owner and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to Owner. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to Owner written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN, MT BOZEMAN INTERMODAL FACILITY equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). m. Clean Air 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. ~~ 7401 et sea. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 2. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. n. Recvcled Products 1. The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 2. The Recycled Products requirements apply to all procurement actions involving items designated by the EPA, when the Owner or Contractor purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000, using Federal funds. o. Davis-Bacon and Cooeland Anti-Kickback Acts 1. Minimum Wages i. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1 )(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1 )(ii) of this FT A CONTRACTUAL REQUIREMENTS PAGE 7 OF 24 FTA CONTRACTUAL REQUIREMENTS PAGE 8 OF 24 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator. or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (n)(1 )(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Hi. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate. the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. iv. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of I I I I I I I I I I I I I I I I I I I APRil 2007 BOZEMAN, MT BOZEMAN INTERMODAl FACILITY any costs reasonably anticipated in providing bona fide fringe benefits ,under a plan or program, provided, that the Secretary of labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. v. (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (n)(1 )(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 2. Withholding The City of Bozeman shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, FT A CONTRACTUAL REQUIREMENTS PAGE 9 OF 24 FTA CONTRACTUAL REQUIREMENTS PAGE 10 OF 24 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of Bozeman may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records i. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. ii. (A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Bozeman for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH- 347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 5. That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; 6. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN, MT BOZEMAN INTERMODAL FACILITY 7. That each laborer or mechanic has been paid not less thafl the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. Iii. The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees i. Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State FT A CONTRACTUAL REQUIREMENTS PAGE 11 OF 24 FTA CONTRACTUAL REQUIREMENTS PAGE 12 OF 24 I I I I I I I I I I I I I I I I I I I APRil 2007 BOZEMAN INTERMODAl FACILITY BOZEMAN, MT Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. ii. Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. iii. Equal emolovment ODDortunitv - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 5. Compliance with Copeland Act Requirements The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract Termination: Debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT 8. Compliance with Davis-Bacon and Related Act Requirements All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility i. By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a' person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a){1). iii. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.1001. p. Contract Work Hours and Safety Standards 1 . Overtime Requirements No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for Unpaid Wages and Liquidated Damages The City of Bozeman shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such FT A CONTRACTUAL REQUIREMENTS PAGE 13 OF 24 APRil 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN,MT I I I I I contract or any other Federal contract with the same prime contractor, or any oth~r federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. I I I q. Promot Pavment 1. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) calendar days from the receipt of each payment the prime contractor receives from the City of Bozeman. The prime contractor agrees further to return retainage payments to each subcontractor within ten (10) calendar days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above-referenced timeframe may occur only for good cause following written approval from the City of Bozeman. This clause applies to both DBE and non-DBE subcontractors. I I I I 2. If the prime contractor withholds payment from the subcontractor without a bona fide reason or without providing prompt written documentation to the City of Bozeman, sanctions may be imposed upon the prime contractor. The City of Bozeman will determine if the prime contractor is withholding payment without a just cause, and interest may accrue on the unpaid amount owed to the subcontractor(s). However, if a determination of just cause is made, then no interest will accrue. If interest accrues on the amount to the subcontractor, the prime contractor is responsible for including that total amount to the subcontractor at the time of payment. If necessary, direct payments will be made to subcontractors, and deducted from the amount due to the prime contractor. r. No Obliaation bv the Federal Government 1. The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 9 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the I I I I I 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. s. Proqram Fraud and False or Fraudulent Statements or Related Acts I FT A CONTRACTUAL REQUIREMENTS PAGE 14 OF 24 I I I I I I I I I I I I I I I I I I I I APRil 2007 BOZEMAN INTERMODAl FACILITY BOZEMAN, MT underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious. or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. ~ 5307, the Government reserves the right to impose the penalties of 18 U.S.C. ~ 1001 and 49 U.S.C. ~ 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. t. SusDension and Debarment 1. This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. 2. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. 3. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Bozeman. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Bozeman, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. u. Contracts Involvina Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: 1. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974,5 U.S.C. ~ 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. FT A CONTRACTUAL REQUIREMENTS PAGE 15 OF 24 FT A CONTRACTUAL REQUIREMENTS PAGE 16 OF 24 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT 2, The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FT A. v, Civil Riohts Reauirements The following requirements apply to the underlying contract: 1 . Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. S 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. S 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U,S,C, S 12132, and Federal transit law at 49 use. S 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability, In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2, Equal Employment Opportunity The following equal employment opportunity requirements apply to the underlying contract: i. Race, Color. Creed. National Orioin. Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. S 2000e, and Federal transit laws at 49 U,S,C, S 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U,S, Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et sea., (which implement Executive Order No, 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U,S,C, S 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age, Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, In addition, the Contractor agrees to comply with any implementing requirements FT A may issue, ii. AQe - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S,C, SS 623 and Federal transit law at 49 u.s.e. S 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. Iii. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. S 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN. MT 3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FT A, modified only if necessary to identify the affected parties. w. Disadvantaaed Business Enterprises 1. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 5.01%. A separate contract goal of 5.01 % DBE participation has been established for this procurement. 2. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Bozeman deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). 3. Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid: i. The names and addresses of DBE firms that will participate in this contract; ii. A description of the work each DBE will perform; iii. The dollar amount of the participation of each DBE firm participating; iv. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; v. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and vi. If the contract goal is not met, evidence of good faith efforts to do so. Bidders must present the information required above as a matter of responsiveness (see 49 CFR 26.53(3)). 4. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than ten (10) calendar days after the Contractor's receipt of payment for that work from the City of Bozeman. In addition, the Contractor is required to return any retainage payments to those subcontractors within ten (10) calendar days after the subcontractor's work related to this contract is satisfactorily completed. 5. The Contractor must promptly notify the City of Bozeman, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Bozeman. FT A CONTRACTUAL REQUIREMENTS PAGE 17 OF 24 FTA CONTRACTUAL REQUIREMENTS PAGE 18 OF 24 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT x. Incorporation of Federal Transit Administration (FTA) Terms 1. The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FT A Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FT A mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. y. Title VI Assurance 1. The City of Bozeman, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 2. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: i. Compliance with Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOr) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. ii. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or Indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. iii. Solicitations for Subcontracts. Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. iv. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN, MT BOZEMAN INTERMODAL FACILITY of Bozeman, FT A, or the DOT to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the City of Bozeman, FT A, or the DOT as appropriate, and shall set forth what efforts it has made to obtain the information. v. Sanctions for Noncompliance In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the City of Bozeman shall impose contract sanctions as it the FT A or the DOT may determine to be appropriate, including, but not limited to: (1) withholding of payments to the contractor under the contract until the contractor complies; and/or (2) cancellation, termination, or suspension of the contract, in whole or in part. vi. Incorporation of Provisions The Contractor shall include the proVISions of paragraphs (i) through (vi) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the City of Bozeman, FT A, or the DOT may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City of Bozeman to enter into such litigation to protect the interests of the City of Bozeman, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. FT A CONTRACTUAL REQUIREMENTS PAGE 19 OF 24 FT A CONTRACTUAL REQUIREMENTS PAGE 20 OF 24 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT BUY AMERICA CERTIFICATION Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 V. S. C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate of Non-Compliance with 49 V.S.C. 53230)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(8), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT CERTIFICATION REGARDING LOBBYING APPENDIX A, 49 CFR PART 20 Certification Requirement for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form~~LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. ~ 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. ~ 1352(c)(1 )-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] FT A CONTRACTUAL REQUIREMENTS PAGE 21 OF 24 FTA CONTRACTUAL REQUIREMENTS PAGE 22 OF 24 I I I I I I I I I I I I I I I I I I I APRil 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN. MT The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN,MT DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION FORM 1: Disadvantaged Business Enterprise (DBE) Utilization The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate box): o The bidder/offeror is committed to a minimum of % DBE utilization on this contract. o The bidder/offeror (if unable to meet the DBE goal of _ %) is committed to a minimum of ~ % DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offeror's firm: State Registration No. By (Signature) Title FT A CONTRACTUAL REQUIREMENTS PAGE 23 OF 24 FT A CONTRACTUAL REQUIREMENTS PAGE 24 OF 24 I I I I I I I I I I I I I I I I I I I APRil 2007 BOZEMAN INTERMODAl FACILITY BOZEMAN, MT DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION FORM 2: Letter of Intent Name of bidder/offeror's firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by DBE firm: The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ By (Signature of Bidder) Title Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By (Signature of DBE Firm) Title If the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. (Submit this page for each DBE subcontractor) I I I I I I I I I I I I I I I I I I I @ AlA Document A701™ Instructions to Bidders for the following PROJECT: (Name and location or address): :8' THE OWNER: (Name and address): THE ARCHITECT: (Name and address): '~' "',."-,,, ~ TABLE OF ARTICLES DEFINITIONS 1997 iAD~lTt6NS ANti l:5faTioNs-: ;Th~ author of this document ;ha~ added information ine~ed for its completion. The author may also have 'ieVi,ised the text of the :or:i!ginal AlA-~standard form. ,,'An ~dditionk a~d Deletions , , iReport that,notes added iini~rmation:as!well as ,rev~s~ons to the standard 'fotm,.text i1 a-.\:ailablefrom .the author and should be ''r~Vi~wed. --- This document has important:! legal consequences.' Consul tati~IJ.wi th an_ at torn_El..y-is encquraged wi th ;l:8Spect to its' ~ompletion ,or !!Iodf'fication, . 2 BIDDER'S REPRESENT A TIONS 3 BIDDING DOCUMENTS 4 BIDDING PROCEDURES 5 CONSIDERATION OF BIDS ) 6 POST.BID INFORMATION 7 PERFORMANCE BOND AND PAYMENT BOND 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR '~... . ,~ ELECTRONIC COPYING of any portion of this AlA" Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AlA Document A701!!111. - 1997. Copyright. C 1970, 1974, 19791 1997 and 1997 by The American Institute of A:rchitecls. All rights reJ;le~ved. WARNING: This AlAs Document is prot!:!cted by u.s. Copyri9ht Law and International T:reaties. Una.uthorized. :t"Gproduction ot" distribution of this AIA~ Document, Or any portion of it, may r~sult in seVQre civil and criminal penalti8s, and will b8 prosecuted to the maximum extant poSSible under the law. This drLlft was p:roduc~d by AlA software at 11:05:4/ on 040/09/200'7 UIldE;!t' Order No.l000259422 1 which expire~ ntl 9/18/2007, ilnd is not for r.esale. - User Notes: (300(~8738&;~l 1 I ARTICLE 1 DEFINITIONS ~ 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (Ge\lera~, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the C~ntract. I I i , ~ 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AlA Doc!lment A201, or in other Contract Documents are applicable to the Bidding Documents. ' "','" ,..... I ~ 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execuQ,on pf the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. ~ 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stiputate~ therein, submitted in accordance with the Bidding Documents. I '1-. .'''-''\ _.1 ; j ~ 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Wor~ described in the Bidding Documents as the base, to which Work may be added or from which Work may b~ de*ted for stirns $tated in Alternate Bids.:: ;1 ~ 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted tronrthe ainouht of the Base Bid if the corresponding change in the Work, as described in the Bidding DocumentS.j&J;lCcepteu., I I I ~ 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. , ~ 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Wdding Documents. I ~ 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipnienttl{' ta,bor for a portion of the Work.' I ARTICLE 2 BIDDER'S REPRESENTATIONS .._" ~ 2.1 The Bidder by making a Bid represents that:'.." ~ 2.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the :rrojootl~f any, being bid concurrently or presently under construction. / '. ., I ~"" I ~ 2.1.2 The Bid is made in compliance with the Bidding Documents. j ~. i j j j ~ 2.1.3 The Bidder has visited the site, become familiar with local conditions under which t~e Work is to ~ I performed and has correlated the Bidder's personal observations with the requirements oftI)e proposed Cdntn~ct Documents. : 1,.,...,.....; ;:.'."".mm.... " ,i' I ~ 2.1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without ,,,,. exception. I ARTICLE 3 BIDDING DOCUMENTS..... ~ 3.1 COPIES / .',.". ," '. ~ 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office~esighated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated the~ein~'The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will he d~ducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidd~r's deposit will be refunded." I I I I AIA Ooournent A.701'D1l - 1997. Copyright @ 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All riQhts :reserved. WARNING: This AI^~ Document is protected by U.S. Copyrigh~ Law and Int~rnational Treatias. Unauthori~~ ~~production or di~trib~tion of thie: AIA'il Document, or any portion of it, may :t"!:!l!Iult in liIevere civil and criminal pena.lt.ies, and will be p:r;os~cuted to thQ maximum ext9nt possible under the: law. This dra.ft wa.s produced by AlA softwar@: at 11:05:47 on 04/09/2007 under order No.l000259422 1 which expires on 9/18/2007, and i~ hot. for resi'!le. User Notes: 130001373136:(.) 2 I I I I I I I I I I I I I I I I I I I I ~ 3.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders. ~ 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ~ 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on Ute ~bove terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance pf cppies of the Bidding Documents. .~,.. ."' .. t~" ,. " ~ 3.2 INTERPRET A TION OR CORRECTION OF BIDDING DOCUMENTS , ~ 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each oth~r, a;nd with other work being bid concurrently or presently under construction to the extent that it relates to the Wctk fbr which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Archifecr~rrors, inconsistencies or ambiguities discovered. 1 ~ 3.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Doc*mepts shall rqakela written request which shall reach the Architect at least seven days prior to the date for receipt of Bids.; : ~ 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by p.dqendum. .. . Interpretations, corrections and changes of the Bidding Documents made in any other maruier will ntwbe"binding; and Bidders shall not rely upon them. : ~ 3.3 SUBSTITUTIONS ~ 3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.' ~ 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approvalhasbeen received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall'include the ~ame of the material or equipment for which it is to be substituted and a complete description of the proposed SUhstitutidn including drawings, performance and test data, and other information necessary for an evaluation. A stat~tneii(, setting forth changes in other materials, equipment or other portions of the Work, including changes in the'work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be finaL ~ 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approv'"al willhe'i;et. foh-hin an Addendum. Bidders shall not rely upon approvals made in any other manner. : [ \, V .. .j ~ 3.3.4 No substitutions will be considered after the Contract award unless specifically pro~de4 for in the ton(~act Documents. 'I ' ~ 3.4 ADDENDA ~ 3.4.1 Addenda will be transmitted to all who are known by the issuing office to have received'R'completesetuf Bidding Documents. ~ 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on~I~J()T !~~~ purpose. . ~ 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids ex,~ept an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt ofiBids. ~ 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. ,. AlA. Docurn"U),t A701- - 1997. CopyrilJht e 1970, 1974, 1976, 198'7 ~nd 1997 by The American Institute of Arc;hite:cts. All Light.s reserved. WARNING: This AlAe Document is protected by U.s. Copyriqht Law and tnte:r;national Treaties. UnauthoriZied rep~oduC'tion or distribution of this AIA~ Document, or any portion of it, may .r-~$ult in 8&Vere civil and criminal penalties, and will b8 pros@cuted to the maximum extent poseible unde:r; th& law. Thi.~ r:l.ratt was produced by AlA softwar~ a.t 11:05:47 on 04/09/200' under Ordet No.1000259422_1 which expires. on 9/18/~uorl, and is not tot" tesal~. U~er ~otes: (3000873862) 3 I ARTICLE 4 BIDDING PROCEDURES ~ 4.1 PREPARATION OF BIDS ~ 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents. I ~ 4.1.2 All blanks on the bid form shall be legibly executed in a non-erasable medium. I ~ 4.1.3 Sums shall be expressed in both words and figures. In case of discrepancy, the amoUnt written in words shall govern. I ~ 4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid. ~ 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter !'No; Change." I ~ 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award ofless than the coml:Hna'tion of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form l10f qualify the Bid in any other manner. . .,' I .\ I ~ 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal [0",* of the Bitldet. The Bidder shall provide evidence oflegal authority to perform within the jurisdiction of the Wprk.!Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a ~orporation sh~ll further give the state of incorporation and have the corporate seal affixed. A Bid submitted py auagenrshall have"g' current power of attorney attached certifying the agent's authority to bind the Bidder. ' I I ~ 4.2 BID SECURITY ~ 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the ." Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payme!ltof all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish suphbonds ifreguired, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a ~enaltY,The amount of ! the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2. , I I ~ 4.2.2 If a surety bond is required, it shall be written on AlA Document A31 0, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the" bond a certified and current copy of the power of attorney. I ~ 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being consIdered . until either (a) the Contract has been executed and bonds, if required, have been furnished. or (b)thespe<;:ified tithe has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected. ! ' i ~ 4.3 SUBMISSION OF BIDS 1 i ,. ~ 4.3.1 All copies of the Bid, the bid security, if any, and any other documents required to bp su,bmitted with t4e Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the partY; rec~!Yi.ng, tl1,~J3ids, '!:Il9 shall be identified with the Project name, the Bidder's name and address and, if applicable, ~he designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. I I I ~ 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt ofB'icls. Bids received after the time and date for receipt of Bids will be returned unopened. I ~ 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location design~ted:for receipt of Bids. ~ 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered. I ~ 4.4 MODIFICATION OR WITHDRAWAL OF BID ~ 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. I I AlA Dooument .A,701Dl ~ 1997. CoPyri9ht @ 1970, 1974, 1978, 198'1 and 1997 by The AmericaI'l rnstitute of Architects. All rights re.servw. WAaNING: This AIA~ Docum~nt is protected by U.s. Copyright Law and International Tre~ties. Unauthorized reproduction or distribution of this AlA" DOoUIrn;lntl or any portion of itl may result in sever!:! civil ~nd crilllinal penalties, and will be proseouted. t.o t.he maximum extent possible under thiliil: law. This draft Was pr.oduced by AlA ~:;o:f.twa:['€:! ;::It 11:05:47 on 04/09/2007 undf!:t. Qrder No.1UOU~5~422 1 which expires on 9/18/2[)()"I/ and is nut. for resale. - User Notes: (3000Ha'.lfHi7.) 4 I I I I I I I I I I I I I I I I I I I I ~ 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time- stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid. ~ 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the recei~t of Bids provided that they are then fully in conformance with these Instructions to Bidders. i ; ~ 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted. ; ARTICLE 5 CONSIDERATION OF BIDS ~ 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the p~op~rly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids m~y'b~ made available to Bidders. ' , ~ 5.2 REJECTION OF BIDS !; i, The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required qid security or py other data required by the Bidding Documents, or a Bid which is in any way incomplete or~rregular is suJ;lject to rejection. i ,.,." ...' , i i".,,~.,,~^ ~ 5.3 ACCEPTANCE OF BID (AWARD) ~ 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds availal;de; The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. " ~ 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unlessotller:vise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sut'rtoft~e Base Bid, and; Alternates accepted. ' ARTICLE 6 POST -BID INFORMATION ~ 6.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect, uponJequest,..a properly executed AlA Document A305, Contractor's Qualification Statement, unless such a Statemenrhas been prev.iously", required and submitted as a prerequisite to the issuance of Bidding Documents. ' / 'i ~ 6.2 OWNER'S FINANCIAL CAPABILITY i i i c/' The Owner shall, at the request of the Bidder to whom award of a Contract is under considc:ratibn and no 1atedthan seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder teasbnable evidencb that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such teasbnable evidence is furnished, the Bidder will not be required to execute the Agreement between tht O~e;~;}d'C~ntra~tor~'" , , ' ~ 6.3 SUBMITTALS ~ 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of ' "" selection for the award of a Contract, furnish to the Owner through the Architect in writing: ,e" .1 a designation of the Work to be performed with the Bidder's own forces; .' ., .2 names of the manufacturers, products, and the suppliers of principal items or/systems of materials and equipment proposed for the Work; and i . .3 names of persons or entities (including those who are to furnish materials or:equipment fabricated to a special design) proposed for the principal portions of the Work. ' ~ 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding ,. Documents. AlA Document A701B1 - 1997. Copyright e 1970, 19"74, 1978, 1987 and 1997 by The American Institute ot' Arc:hitf!cts. All riQht.s res!:!rved. WARNING = This A.IA- Docwnitmt is proteoted by U.S. Copyri9ht I".aw and International T:reaties. OnauthorizM reproduction or distribution of this AlA'" Doc:ument, Or any portion of it, mil.Y result in sever~ c:ivil <ind criminal pena.lties. and will be prosecuted to the maximum extl;lnt possible under the law. Thj~ draft was produced by A.lA software at 11:05:47 on. 04/09/2007 under Order No.lOOU2594~2 1 whir:h explreQ on 9/1.8/~(J()'J, and is not for resillf? - USli'~ Notes: (3000873862) 5 I ~ 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner ll1aYllccept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited. I I ~ 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no niasonable objection must be used on the Work for which they were proposed and shall not be changed except.withthe.written consent of the Owner and Architect. I I ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND ~ 7.1 BOND REQUIREMENTS ~ 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the BidderlsuSual , ,., ; sources. ' , I ~ ' ~ 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shalt be jneluded in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the tontract, the cbst i?f such bonds shall be added to the Bid in determining the Contract Sum. ,. I ~ 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. I ~ 7.2 TIME OF DELIVERY AND FORM OF BONDS ~ 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days followiJJgthe date ,Of' execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of in,tent,ihe Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that ~uch'bon<is will bc furnished and delivered in accordance with this Section 7.2.1. I I ~ 7.2.2 Unless otherwise provided, the bonds shall be written on AlA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum. I ~ 7.2.3 The bonds shall be dated on or after the date of the Contract. I ~ 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on betvllf 9fthesiIrety'to~ffix thereto a certified and current copy of the power of attorney. " 'j ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR , Unless otherwise required in the Bidding Documents, the Agreement for the Work will be )witten on AlAi , Document AlGI, Standard Form of Agreement Between Owner and Contractor Where theBasisu()fP.lly:m~mt iSll Stipulated Sum. I I I I I At.A Documant A701D/. - 1997. copyriqht @ 1970, 19:74, 1978, 1997 and 1997 by The American Institute ot' Arc:hitE:!c:t.:;. All rights L~served. WARNING: This AlA. Dooum~nt is protected by U.S. copyright L~w and Internation~l Treaties. Unauthoriz~d rep~odu~tion or distribution of this AIA4 Document, or any portion Of it, may result in SliV8re civil and crimin.!ll ~naltie:!i, and will be pros~c1Jtecl to the ma.x.imum extent poSSible undQr the law. This draft was produced by A.1A software tit 11:05:47 on 0<1/09/2007 unrier. Q,rder No.1000259422_1 which expires on 9/18/2007, ~nd is not for Aes~le. U.ser Note.s: p0008"nHfl2) I 6 I I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 1. DEFINITIONS (Reference Article 1 - Definitions) a. OWNER City of Bozeman, A Municipal Corporation 411 East Main Street Bozeman, MT 59715 (406) 582-2320 (406) 582-2323 fax b. ARCHITECT Prugh & Lenon Architects, P.C. 27 East Main Street Bozeman, MT 59715 (406) 587~1255 (406) 587-1819 fax c. PROJECT Bozeman Intermodal Facility 26 East Mendenhall Street Bozeman, MT 59715 d. CONSTRUCTION MANAGER Martel Construction, Inc. 1203 S. Church Bozeman, MT 59715 (406) 586-8585 (406) 586-8646 fax e. CONTRACTOR! TRADE CONTRACTOR Any person, firm or corporation having a direct contract or purchase order with the Construction Manager. f. This Section supplements the Instructions to Bidders, AlA Document A701. 1997 Edition, and if in conflict, supersedes the conflicting item. 2. BIDDER REPRESENTATIONS (Reference Article 2) a. Each Bidder must inform himself fully of the conditions of the project and employment of labor hereon. b. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. 3. DOCUMENTS Bidding Documents may be secured at the office of the Architect for a plan deposit fee of $100.00. Contractors who submit bids may obtain a full refund of the deposit upon returning sets in good condition no more than 10 days after Notice to Proceed has been given. Plan holders returning sets after 10 days after Notice to Proceed will not receive a refund. 4. EXAMINATION Contractors will not be given extra payments for conditions which can be determined by examining the site and documents. SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SITB-1 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SITB-2 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT 5. QUESTIONS Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids. 6. CONFLICTS IN CONTRACT DOCUMENT Contract Documents shall consist of the following component parts: 1. Advertisement for Bids 2. Addenda 3. The Accepted Proposal 4. General Conditions of the Contract 5. Specifications 6. Plans and Drawings (Large Scale over Small Scale) 7. This Instrument In the event that any provision in any of the component part of the Contract conflicts with any provision of any other component part, the provision is the component part first enumerated herein shall govern, except as otherwise specifically stated. 7. SUBSTITIUTION OF MATERIALS AND METHODS (Reference Article 3.3 Substitutions) a. Materials and methods to be bid under this "LUMP SUM BID" shall include ONLY materials which are included in the original Contract Documents and Addenda thereto. If an item has been specified by means of a standard specification (government, industry, etc.) or a performance specification, any manufacturer may be bid which can perform to these specifications. b. All items to be considered for approval prior to receipt of Bids must be in the form of a written request per 3.3.2 on enclosed SUBSITITUTION REQUEST FORM. This form must be received by the Architect no later than 7 days prior to receipt of bids. The Architect's decision of approval or disapproval of a proposed substitution shall be final. c. The Trade Contractor will be responsible for all costs associated with the substitution. d. Generally, NO SUBSTITUITONS will be made after the award of the Contract. Substitution will be considered only if, after award of the Contract, the Trade Contractor submits proof in writing that a material which was specified and bid, or accepted by an Alternate Proposal, has since become unavailable for incorporation into this project. Substitution shall be considered a change in the Work and can only be authorized in a written Change Order. 8. PROPOSALS (Reference Article 4.3 - Submission of Bids) a. Bidder shall be a licensed contractor in the State of Montana. b. Proposals entitled to consideration must be made in accordance with the following instructions: (1) made upon the form provided therefore without additions not called for, unauthorized conditional or alternate bids, or irregularities of any kind; (2) base bid number shall be stated both in writing and in figures; (3) completed forms shall be without interlineations, alterations, or erasures; (4) shall contain no recapitulation of work to be done; (5) no oral, telephone proposals, or modifications will be considered; (6) any bidder may modify his bid by fax communication at any time prior to the I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT scheduled closing time for receipt of bids. (7) Sealed envelope must be received before bid closing. Address envelope: TO: Martel Construction, Inc. c/o The City of Bozeman 411 East Main Bozeman. MT 59715 PROJECT: Bozeman Intermodal Facility Bozeman, MT Acknowledge Receipt of Addenda Nos. Bid Package (8) See Invitation To Bid "Submissions of Bids" for more details. c. Proposals entitled to consideration must be signed in longhand by the proper representative of the firm submitting the bid. as follows: (1) the principal of the single-owner firm; (2) a principal of the partnership firm; (3) an officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing that agent to sign; (4) other persons signing for a single-owner firm, or a partnership shall attach a "Power of Attorney" evidencing his authority to sign for that firm. 9. WITHDRAWAL OF BIDS (Reference Article 4.4 - Modification or Withdrawal of Bid) a. No bids shall be withdrawn for a period of ninety (90) days after scheduled closing time for receipt of bids. 10. OPENING OF BIDS (Reference Article 5.1 - OoeninQ of Bids) a. All bids received by the stated hour will be opened, except when only one bid is received; however, a single bid may be opened if it is considered to be in the best interest of the Owner. Bids received after the time so fixed are late bids and will not be considered. b. No responsibility will attach to the Construction Manager/Owner or his representatives for the premature opening of or the failure to open, a bid not properly addressed and identified. c. The Construction Manager/Owner reserves the right to waive any variation in form of presentation of bids received when such waiver is in the interest of the Owner. d. Alternates as presented are in no specific order. Alternates will be accepted in the Owner's best interest. e. The Construction Manager/Owner may require evidence of responsibility from the bidder prior to award of the contract; the bidder shall furnish information and data as requested for this purpose. f. The Construction Manager/Owner reserves the right to waive irregularities and award to contractor SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 51TB-3 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SITB-4 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT of the Owner's choice. 11. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS (Reference Article 7) a. The Construction Manager/Owner requires the successful Trade Contractor to furnish a Performance Bond in the amount of - See Federal Transit Administration Contractual Requirements. b. The Construction Manager/Owner requires the successful Trade Contractor to furnish a Labor and Material Payment Bond in the amount of - See Federal Transit Administration Contractual Requirements. c. The bonds shall be executed on AlA forms A-311 or a reasonable facsimile thereof; no other forms will be acceptable d. The bonds shall be signed by the attorney-in-fact and countersigned by a bonafide agent. e. Bond shall be secured from a Montana Sate-Licensed bonding company and approved by the Owner. f. Attorneys-in-fact who sign contract bonds must file with each bond a certified and effectively-dated copy of their own power of Attorney; (1) one original copy shall be furnished with each set of bonds (2) others furnished with a set of bonds may be copies of that original. g. Attorneys-in-fact who have their current Power of Attorney on file with the State auditor do not need to submit these copies with contract bonds. 12. AGREEMENT FORM (Reference Article 8) a. The agreement form between the Construction Manager and the Trade Contractor shall be AlA A401- 1997. The agreement form shall be signed in longhand by the proper representative of the contracting firm, as follows: (1) the principal of the single-owner firm; (2) a principal of the partnership firm; (3) an officer of the incorporated firm, or an agent whose signature is accompanied by a certified coy of the resolution of the board of Directors authorizing that agent to sign; (4) other person signing for a singleMowner firm or a partnership shall attach "Power of Attorney" evidencing his authority to sign for that firm. 13. GENERAL CONDITIONS a. General conditions of the contract for construction, AlA Document A201, except as hereinafter amended, are part of this Specification. b. These conditions shall be read by all figuring any part of the job and all shall be held responsible for their contents even thought they are not repeated at the beginning of each division of these specifications. I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT 14. TIME OF COMMENCEMENT AND COMPLETION DATE a. Work must be started on or before a date set forth by the Owner in a written "Notice to Proceed". b. Work must be completed per the Construction Manager's construction schedule. c. An extension of time may be granted by the Construction Manager. Extensions will be considered on written notification submitted by the Contractor to the Architect. 15. CONSTRUCTION MANAGER'S REQUIREMENTS a. Trade Contractor shall maintain the job clear of trash and debris. All waste materials shall be removed from the site, to the appropriate containers daily. b. Trade Contractor shall visit the site and become familiar with all conditions prior to submitting this proposal. Contractor shall verify all dimensions and conditions shown on these drawings with those at the site. Any variation which requires physical change shall be brought to the attention of the Architect prior to the Bid date. END OF SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SITB-5 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT BID FORM Bozeman Intermodal Facility Bozeman, MT BID PACKAGE: SUBMITTED BY: To: Martel Consrtuction, Inc. clo The City of Bozeman 411 East Main Bozeman, MT 59715 Phone (406) 582-2320 Fax (406) 582-2323 We, the undersigned bidder, having carefully read the Documents for the proposed contract, including the General Conditions, Supplementary Conditions, Specifications, and Drawings and having carefully ascertained the conditions under which the Work is to be performed, hereby bid and offer to enter into a Contract to perform the Work as described in accordance with the Documents, complete and ready for use by the time specified, for the price of: Base Bid: (Including 1 % Gross Receipts Tax) Dollars. $ Cost to Provide 100% Performance and Payment Bond (Base Bid) $ Alternates: (See Drawings and Specifications for Complete Description) 1. Additional Level of Parking Please circle one. (Add or Deduct) $ $ 2. Elevator NO.3 Modification (Add or Deduct) Cost to Adjust 100% Performance and Payment Bond for the Alternates %. (Alternate bids should not include the cost of bonding. If the alternates are accepted and a bond is required, the above bid amount will be adjusted on a percentage basis as provided.) Subject to such additions and deductions as may be properly made under the terms of the Contract. The prices are firm and are not subject to escalation. BID FORM PAGE 1 OF 3 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN,MT PERIOD OF ACCEPTANCE: The bidder agrees that this bid shall remain open for acceptance and the price shall remain firm and unchanged and notwithstanding any error in the Bid at the amount stated for a period of sixty (90) days from the date of closing of this Bid. CONTRACT: The bidder agrees that this Bid is subject to a formal AlA Contract being prepared and executed. The bidder agrees to execute the Contract within 14 days of notification of the acceptance of his bid and to provide Certificates of Insurance including Worker's Compensation Insurance. The Bidder shall furnish Performance and Payment Bonds, per the FT A Contractual Requirements. Cost of said bonds is listed as a bid item to the base bid above. Alternates will be adjusted based upon the percentage stated. DISADVANTAGED BUSINESS ENTERPRISE: This project is subject to the requirements of Title 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs (DBE). Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit bids and the City of Bozeman hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the basis of race, color, sex, sexual orientation, national origin, age or place of residence. A contract goal of 5.01 % DBE participation has been established for this project. In the event that the apparent successful bidder of this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Bidders will submit, in writing, the names of the DBEs included in their bid, a description of the work DBEs will perform, the dollar value of each DBE subcontract, and written assurance that the bidder has made a good faith effort towards meeting DBE goals. Exclusive agreements between DBEs and bidders are forbidden. The City of Bozeman reserves the right to waive failure of a bidder to meet the DBEs goals if sufficient effort, as determined by the City of Bozeman, has been made to comply with the DBE goals and the requirements are not met. A bidder's or proposer's failure to show a good faith effort to achieve the specified contract goal for the participation of Disadvantaged Business Enterprise in the completion of this project will be grounds for finding the bid or proposal non-responsive. BID FORM PAGE 2 OF 3 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN,MT ADDENDAS: Addendum No. Addendum No. Addendum No. Addendum No. Dated Dated Dated Dated SUBMITTED BY: Company: Name of Bidder: Signature of Bidder: Dated: License No.: Telephone No.: Fax No.: Email: ATTACHMENTS: (On Bidder's own letterhead) Attachment A - Clarifications and Qualifications - Include any clarifications or qualifications of bid proposal. These clarifications and qualifications shall only be provided for information only and mayor may not influence the award. BID FORM PAGE 3 OF 3 I I I I I I I I I I I I I I I I I I I APRIL 2007 BOZEMAN INTERMODAL FACILITY BOZEMAN, MT Great Falls Builders Exchange 202 2nd Avenue South Great Falls, MT 59405 453-2513 727-7548 fax Missoula Plan Exchange 201 North Russell Street PO Box 3109 Missoula, MT 59806 549.5002 721-2941 fax Montana Contractor's Association 171711th Avenue Helena, MT 59601 442-4162 449-3199 fax Northwest Plan Exchange 2303 Highway 2 East Kalispell, MT 59901 755-5888 755-5896 fax Plans may also be viewed at Martel Construction's offices located at: Martel Construction, Inc. 1203 South Church Avenue Bozeman, MT 59715 586-8585 586-8646 fax Martel Construction, Inc. 305 Highway 83 Bigfork, MT 59911 837-1063 837-1068 fax Late bids will not be opened or acknowledged. END OF INVITATION TO BID INVITATION TO BID ITS-3