HomeMy WebLinkAbout09- City Shops / HRDC Bus Barn Facility Notice to Proceed and Standard Agreement with Dowling and BN Builders NOTICE TO PROCEED
PROJECT: ARCHITECT:
City of Bozeman Shops/ HRDC Bus Barn Dowling Sandholm Architects
1812 North Rouse Ave. 2042 Stadium Drive, Suite 2
Bozeman, MT 59715 Bozeman, MT 59715
OWNER: CONTRACTOR:
City of Bozeman BN Builders, Inc.
P.O. Box 1230 2066 Stadium Drive, Ste. 102
Bozeman, MT 59771 Bozeman, MT 59715
DATE: November 4 2009 ARCHITECT'S PROJECT NO: 08 -265
You are notified that the Contract Time for the above Project will commence to run on November 4 2009. On
or before that date, you are to start performing your obligations under the Contract Documents. Work at the Site
may not begin prior to November 0 2009. In accordance with the Agreement, the date of Substantial
Completion is July 28 2010.
Before you may start any Work at the Site, please deliver to the Owner (with copies to the Architect) certificates
of insurance in accordance with the Contract Documents.
Also, before you may start any Work at the Site, you must comply with all permit requirements; submit a
construction schedule identifying critical path items; submit a list of subcontractors; and attend a pre- construction
conference.
City of Bozeman
OWNER BY DATE
7M AIA Document A101 2007
Standard Form of Agreement Between Owner and Contractor where the basis of
payment is a Stipulated Sum
AGREEMENT made as of the 3rd day of November in the year 2009
(In words, indicate day, month and year) ADDITIONS AND DELETIONS:
The author of this document has
BETWEEN the Owner: added information needed for its
(Name, legal status, address and other information) completion. The author may also
have revised the text of the original
City of Bozeman AIA standard form. An Additions and
PO Box 1230 Deletions Report that notes added
Bozeman, MT 59771 and information as well as revisions to
Human Resource Development Council the standard form text is available
32 South Tracy from the author and should be
Bozeman, MT 59715 reviewed. A vertical line in the left
margin of this document indicates
and the Contractor: where the author has added
(7Vame, legal status, address and other information) necessary information and where
the author has added to or deleted
BN Builders from the original AIA text.
Scott Jay This document has important legal
2066 Stadium Drive, Suite 102 consequences. Consultation with an
Bozeman, MT 59715 attorney is encouraged with respect
to its completion or modification.
AIA Document A201 TM -2007,
for the following Project: General Conditions of the Contract
(Name, location and detailed description) for Construction, is adopted in this
document by reference. Do not use
City Shops /HRDC Bus Barn Facility with other general conditions unless
1812 N. Rouse Ave. this document is modified.
Bozeman, MT 59715
The Architect:
(Name, legal status, address and other information)
Dowling Sandholm Architects
Mike Wiseman
2042 Stadium Dr., Suite 2
Bozeman, MT 59715 And
Place Architecture
118 E. Main St.
Bozeman, MT 59715
The Owner and Contractor agree as follows.
AIA Document A101 TM 2007. Copyright C 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized
reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
i maximum extent possible under the law. This document was produced by AIA software at 1149:02 on 1110312009 under Order No.3372974105_1 which
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TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and
are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in
Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed)
Date of commencement shall be November 4, 2009
If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests,
the Owner's time requirement shall be as follows:
3.2 The Contract Time shall be measured from the date of commencement.
3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 38 thirty -eight
weeks from the date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work.)
AIA Document A101 TM 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 2
reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 11:49:02 on 11/03/2009 under Order No.3372974105 1 which
expires on 11/02/2010, and is not for resale.
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Portion of Work Substantial Completion Date
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or, for
bonus payments for early completion of the Work.)
ARTICLE 4 CONTRACT SUM
4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be One Million Nine Hundred Seven Thousand, Six Hundred Dollars and zero
cents 1,907,600.00 subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amount for each and the date when that amount expires.)
Base Bid $1,725,900.00
Add Alternate #1 36,600.00
Add Alternate #2 7,900.00
Add Alternate #3 92,400.00
Add Alternate #4 32,600.00
Add Alternate #5 12,200.00
4.3 Unit prices, if any:
(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price Per Unit 0.00)
Asphalt Paving Square Foot $1,22
Structural Fill Imported Cubic Yards $8.80
Structural Fill On site Cubic Yards $8.80
Clarifier Debris Removal and Structural Cubic Yards $15.40
Fill
4.4 Allowances included in the Contract Sum, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
Item Price
Installation of New Hydraulic Lift $4,600.00
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:
AIA Document A101 TM 2007. Copyright C 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 11:49:02 on 11/03/2009 under Order No.3372974105_1 which
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5.1.3 Provided that an Application for Payment is received by the Architect not later than the 22 day of a month,
the Owner shall make payment of the certified amount to the Contractor not later than the 30 day of the following
month. If an Application for Payment is received by the Architect after the application date fixed above, payment
shall be made by the Owner not later than thirty (35 days after the Architect receives the Application for
Payment.
(Federal, state or local laws may require payment within a certain period of time.)
5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of 5 percent 5%
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 7.3.9 of AIA Document A201TM -2007, General Conditions
of the Contract for Construction;
1 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of5'percent 5%
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of AIA Document A201 -2007.
5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
A Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(section 9.8.5 of AIA Document A201 -2007 requires release gf'applicable retainage upon
Substantial Completion of Work with consent of surety, if any.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document
A201- -2007.
5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
5 »1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by each Owner to
the Contractor when
Init. AIA Document A101 —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 4
reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
i maximum extent possible under the law, This document was produced by AIA software at 11:49:02 on 11/03/2009 under Order No.3372974105 1 which
expires on 11/02/2010, and is not for resale.
User Notes:
(1865512271)
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements,
if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by the Architect.
5.2.2 The Owner's final payment to the Contractor shall be made no later than 35 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
ARTICLE 6 DISPUTE RESOLUTION
6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless
the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker,
(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)
6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the
method of binding dispute resolution shall be as follows:
(Check the appropriate bar. If the Owner and Contractor do not select a method of binding dispute resolution
below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims
will be resolved by litigation in a court of competent jurisdiction.)
Arbitration pursuant to Section 15.4 of AIA Document A201 -2007
Litigation in a court of competent jurisdiction
Other (Specify)
ARTICLE 7 TERMINATION OR SUSPENSION
7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A201 -2007.
7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, ij'any.)
per annum
8.3 The Owner's representative:
(Name, address and other information)
AIA Document A101— —2007. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA"` Document is protected by U.S. Copyright Law and International Treaties. unauthorized 5
reproduction or distribution of this A10 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 11:49:02 on 11/03/2009 under Order No. 3372974105_1 which
expires on 11102/2010, and is not for resale.
User Notes: (1865512271)
James Goehrung, City of Bozeman
PO Box 1230
Bozeman, MT 59771
406 582 -3200 and
Lee Hazelbaker, Human Resource Development Council
32 South Tracy
Bozeman, MT 59715
406 -587 -2434
8.4 The Contractor's representative:
(Name, address and other information)
Scott Jay
BN Builders
2066 Stadium Drive, Suite 102
Bozeman, MT 59715
406 -370 -2589
8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
8.6 Other provisions:
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in
the sections below.
9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner
and Contractor.
9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for
Construction.
9.1.3 The Supplementary and other Conditions of the Contract:
Document Title Date Pages
AIA A312 Performance and 1984 7
Payment Bond
9.1.4 The Specifications:
(hither list the .Specifications here or refer to an exhibit attached to this Agreement.)
Title of Specifications exhibit: Project Manual for City of Bozeman /HRDC Vehicle Maintenance Shop /Bus Barn,
Project DSA -08 -265, dated July 19, 2009
Section Title Date Pages
9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Title of Drawings Exhibit: Drawings as listed on sheet A0, I for City Shops/HRDC Bus Barn Facility. Project#
DSA08 -265 dated July 19, 2009.
AIA Document A101 TM 2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA"` Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 6
reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 11:49:02 on 11/0312009 under Order No.3372974105_1 which
expires on 11102/2010, and is not for resale.
User Notes: (1865512271)
Number Title Date
9.1.6 The Addenda, if any:
Number Date Pages
#1 7/27/09 8
#2 7/31/09 28
#3 8/6/09 20
#4 8/7/09 2
#5 10/14/09 40
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Additional documents, if any, forming part of the Contract Documents:
.1 AIA Document E20ITm -2007, Digital Data Protocol Exhibit, if completed by the parties, or the
following:
.2 Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the Contract Documents. AIA
Document A 201 -2007 provides that bidding requirements such as advertisement or invitation to bid,
Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract
Documents unless enumerated in this Agreement. They should be listed here only if intended to be
part of the Contract Documents.)
Montana Prevailing Wage Rates for Building Construction 2008
Federal Davis -Bacon Wage Rates for Building and Heavy Construction 2008
Amendment A to the Agreement for City of Bozeman
Amendment B to the Agreement for ITRDC
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document
A201 -2007.
(State bonding requirements, if any, and limits of liability for insurance required in Article I I of AIA Document
A201- 2007)
Type of insurance or bond Limit of liability or bond amount 0.00)
Performance and Payment Bond 100% of Contract Sum
This Agreement entered into f th day an ear first itten above.
�.g�
NER (Signature) CONTRACTOR (Sign e
ri5 n Sec
(Printed name and line) (Printed name and title)
AIA Document A101 2007. Copyright Q 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7
reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 11:49:02 on 11103/2009 under Order No.3372974105_1 which
expires on 11/02/2010, and is not for resale.
User Notes: (1865512271)
Additions and Deletions Report for
AIA Document A101 TM —2007
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.
Note. This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 11:49:02 on 1110312009.
PAGE
AGREEMENT made as of the 3rd day of November in the year 2009
City of
Bozeman
PO Box 1230
Bozeman MT 59771 and
Human Resource Development Council
32 South Trams
Bozeman MT 59715
BN Builders
Scott Jav
2066 Stadium Drive Suite 102
Bozeman, MT 59715
City Sha s /HRDC Bus Bqm
1812 N. Rouse Ave.
Bozeman, MT 59715
(Name, legal status, address and other information)
Dowling Sandholm Architects
Mike Wiseman
2042 Stadium Dr. Suite 2
Bozeman, MT 59715 And
Place Architecture
118 E. Main St.
Bozeman MT 59715
PAGE
Date of commencement shall be November 4 2009
Additions and Deletions Report for AIA Document A101 r" —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:02 on 11/03/2009
under Order No.3372974105_1 which expires on 1110212010. and is not for resale.
User Notes:
(1865512271)
3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than }day-.- thirty
eight_ weeks from the date of commencement, or as follows:
PAGE 3
4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be One Million Nine Hundred Seven Thousand Six Hundred Dollars and zero
cents 1 907 600.00 subject to additions and deductions as provided in the Contract Documents.
Base Bid $1,725,900.00
Add Alternate #1 36 600.00
Add Alternate #2 7,900.00
Add Alternate #3 92 400.00
Add Alternate #4 32 600.00
Add Alternate #5 12 200.00
Asphalt Paving Square Foot $1,22
Structural Fill ._Imported Cubic Yards 8.80
Structural Fill On site Cubic Yards $8.80
Clarifier Debris Removal and Structural Cubic Yards $15.40
Fill
Installation of New Hydraulic Lift i4fi00.00
PAGE 4
51.3 Provided that an Application for Payment is received by the Architect not later than the 22 day of a month,
the Owner shall make payment of the certified amount to the Contractor not later than the 30 day of the following
month. If an Application for Payment is received by the Architect after the application date fixed above, payment
shall be made by the Owner not later than thy 35 days after the Architect receives the Application for
Payment.
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of 5 percent 5%
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 7.3.9 of AIA Document A20ITm 2007, General Conditions
of the Contract for Construction;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of 5percent 5 0 /o
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the each Owner
to the Contractor when
Additions and Deletions Report for AIA Document A101 TM —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and 2
International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1149:02 on 11/03/2009
under Order No.3372974105_1 which expires on 11/02/2010, and is not for resale.
User Notes; (1865512271)
PAGE 5
5.2.2 The Owner's final payment to the Contractor shall be made no later than 30-35 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
per annum
PAGE 6
James Goehruna City of Bozeman
PO Box 1230
Bozeman, MT 59771
406 -582 -3200 and
Lee Hazelbaker, Human Resource Development Council
32 South Tracy
Bozeman, MT 59715
406 -587 -2434
Scott JA
BN Builders
2066 Stadium Drive, Suite 102
Bozeman, MT 59715
406 370 -2589
AIA A312 Performance and 1984 7
Payment Bond
Title of Specifications exhibit: Project Manual for City of Bozeman /HRDC Vehicle Maintenance Shop/Bus Barn,
Project DSA -08 -265, dated July 19, 2009
Title of Drawings Exhibit: Drawings as listed on sheet AO 1 for City Shops /HRDC Bus Barn Facility. Project#
DSA08 -265 dated July 19, 2009.
PAGE 7
1 7/27/09 8
42 7/31/09 28
43 8/6/09 20
#4 8/7/09 2
#5 10/14/09 40
Montana Prevailing Wage Rates for Building Construction 2008
Federal Davis -Bacon Wage Rates for Building and Heavy Construction 2008
Amendment A to the Agreement for City of Bozeman
Additions and Deletions Report for AIA Document A101 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and 3
International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:02 on 11/03/2009
under Order No.3372974105_1 which expires on 11/0212010, and is not for resale.
User Notes.
Amendment B to the Agreement for ITRDC
Performance and Payment Bond 100% of Contract Sum
Additions and Deletions Report for AIA Document All 01 TM 2007. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and 4
International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by ALA software at 11:49:02 on 11/03/2009
under Order No.3372974105 1 which expires on 11/0212010, and is not for resale.
User Notes: (1865512271)
Certification of Document's Authenticity
AIAO Document D401 TM —2003
1, hereby certify, to the best of my knowledge, information and belief, that i created the attached final document
simultaneously with its associated Additions and Deletions Report and this certification at 11:49:02 on 11/03/2009
under Order No. 3372974105 I from AIA Contract Documents software and that in preparing the attached final
document I made no changes to the original text of AIA Document A 101 TM 2007 Standard Form of Agreement
Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its
software, other than those additions and deletions shown in the associated Additions and Deletions Report.
(Signed)
(Title)
(Dated)
AIA Document D401' 2003. Copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it,
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User Notes: (1865512271)
AMENDMENT A TO AGREEMENT A1012007
Amendment A shall define the City of Bozeman's agreed division of shared property and construction cost
of such property; including specialty and alternate items.
This amendment to the agreement is entered into on the 3 day of November, 2009
between the Owner:
City of Bozeman
P,O. Box 1230
Bozeman, MT 59771
And the Contractor:
BN Builders
Scott Jay
2066 Stadium Drive, Suitel02
Bozeman MT 59715
For the following project:
City Shops/ HRDC Bus Barn Facility
1812 North Rouse Avenue_
Bozeman, MT 59715
The Owner and Contractor agree as follows:
ARTICLE 4 CONTRACT SUM: Add the following under Article 4
4.5 Contract Sum for work performed for City of Bozeman. The Owner shall pay the Contractor the
Contract Sum in current funds for the Contractor's performance of that portion of the Contract for which
the Owner is responsible as determined by Exhibit A "Cost Allocation Exhibit B "Ownershi Plan" and
Exhibit C "Schedule of Values The Contract Sum shall be
subject to additions and deductions as
provided in the Contract Documents.
ARTICLE 6 DISPUTE RESOLUTION: Add the following under Article 6
6.3 BINDING DISPUTE RESOLUTION FOR CITY OF BOZEMAN
For any Claim between City of Bozeman and Contractor subject to, but not resolved by, mediation pursuant
to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as
follows:
(Check the appropriate box, if the Chvner and Contractor do not select a method of binding dispute
resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than
litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)
Litigation in a court of competent jurisdiction
P-P. A
Owner (signature) Contractor (Signature)
i -Oe r J r Ca>E2.
(Printed name and title) (Printed name and title
End of Amendment A
AMENDMENT B TO AGREEMENT A1012007
Amendment B shall define Human Resource Development Council's (HRDC) agreed division of shared
property and construction cost of such property; including specialty and alternate items.
This amendment to the agreement is entered into on the 3` day of November, 2009
between the Owner:
Human Resource Development Council
32 South Tracy
Bozeman, MT 59715
And the Contractor:
BN Builders
Scott Jay
2066 Stadium Drive, Suite] 02
Bozeman, MT 59715
For the following project:
City Shops/ HRDC Bus Barn Facili
1812 North Rouse Avenue
Bozeman, MT 59715
The Owner and Contractor agree as follows:
ARTICLE 4 CONTRACT SUM: Add the following under Article 4
4.6 Contract Sum for work performed for HRDC: The Owner shall pay the Contractor the Contract Sum
in current funds for the Contractor's performance of that portion of the Contract for which the Owner is
responsible as determined by Exhibit A Cost Allocation Exhibit B "Ownership Plan" and Exhibit C
"Schedule of Values The Contract Sum shall be t
subject to additions and deductions as provided in the
Contract Documents.
4.6.1 Changes to the Contract Sum are as described in the AIA A201 -2007 General Conditions of the
Contract and must also comply with the following policies:
I Change orders solely for the purpose of HRDC facility shall fully comply with "ARRA
FACILITY CONTRACT #1781 -03 "per Addendum #5 and included here as Exhibit D.
2. Change orders for shared portions of the project shall be shown with percentage splits
between Owners and shall fully comply with "ARRA FACILITY CONTRACT #1781-
03 "per Addendum #5 and included here as Exhibit D.
ARTICLE 6 DISPUTE RESOLUTION: Add the following under Article 6
6.3 BINDING DISPUTE RESOLUTION FOR HRDC
For any Claim between HRDC and Contractor subject to, but not resolved by, mediation pursuant to
Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows:
(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute
resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than
litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)
Litigation in a court of the 18"' judicial district of the State of Montana
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS: Add the following under Article 9
9.1.7.3
All work performed for HRDC and paid for with ARRA funds will be subject to "ARRA FACILITY
CONTRACT #1781 -03" per Addendum #5 and included here as Exhibit D. This includes, but is not limited
to, the following items:
3. "FEDERAL AID ARRA (TRANSIT) FTA CIVIL RIGHTS PRECONSTRUCTION
AGENDA" per Addendum #5 and included here as Exhibit E
4. Employment Monthly Report (1589)
5. Invoice with classifications, total hours, total pay, and rate of pay of individuals not on
Davis -Bacon payroll and paid by ARRA funds
6. Invoice of payments, DUNS of payee, and purpose
7. Davis -Bacon payrolls
8. Pay ents to Subcontractors.
9. Ong i g ARRA required submittals, including changes, additions and deletions to ARRA
p icV
Owner Contractor (signature)
(Pr in _1e W name and tit e) (Printed name and title)
End of Amendment B
List of Exhibits for AIA A101 -2007
Standard Form of Agreement Between Owner and Contractor
for City Shops/ HRDC Bus Barn
Exhibit A: Construction Cost Allocation
Exhibit B: SK5.1 Ownership Plan
Exhibit C: Schedule of Values for City Shops/ HRDC Bus Barn
Exhibit D: ARRA Facility Contract 1781 -03
Exhibit E: ARRA (transit) FTA Civil Rights- ARRA Employment
Verification Requirements and Preconstruction Agenda
City Shops/ HRDC Bus Barn Facility
Outline of Construction Cost Allocation
This document is a guideline for allocation of funds for each Owner. Final allocation of
funds will be decided by Owners and Contractor, and reflected in Contractor's Schedule of
Values.
General Conditions Allocation COB HRDC
Mobilization 50.0% $0.0%
Bonding/ Insurance 50.0% 50.0%
Administrative Requirements 50.0% 50.0
Permitting 50.0% 50.0%
ARRA Administrative Requirements 100,0%
Building Allocation (by sf) Size COB HRDC
Structure A Steel Building 10000 sf 100.0%
COB Shop 10000 sf
Structure B Steel Building 11260 sf 100.0%
HRDC Barn 10000 sf
Wash Bay 1260 sf
Structure C Center Building 4134 sf 63.7% 36.3%
COB owned 1709 sf 100.0%
HRDC owned 579 sf 100.0%
Shared 1846 sf 50.0% 50.0%
Overall by sf (from BN Schedule of Values) 49.7% 50,3%
Mechanical Allocation COB% HRDC%
Radiant heat system
Bioler and storage tanks 50.0% 50.0%
Radiant tubing, Structure A 100.0%
Radiant tubing, Structure B (Alt #4) 100.0%
Forced Alr System
Furnaces- Structure C 63.7% 36.3%
Condensing Units- Structure C 63,7% 36.3%
Air Distrubution- Structure C 63.7% 36.3%
Plumbing
Structure A 100.0%
Structure B 100.0%
Structure C 55.0% 45.0%
Rain Water Cistern 50.0% 50.0%
Electrical
Structure A 100.0%
Structure B 100.0%
Structure C 63.7% 36.3%
Specialty Systems
Bulk Fluid Distribution 100.0%
Air Ventilation- Structure A 100.0%
Air Ventiliation- Structure 8 100.0%
Hotsy power washer installation 100.0%
Fire Suppression System 50.0% 50.0%
Site Allocation COB% HRDC%
Site Preparation and Grading 50.0% 50.0%
Utilities Installation 50.0% 50.0%
S'iteRemediation 50.0% 50.0%
Site Asphalt and Concrete 50.0% 50.0%
Water Fill Station (pad, water supply, power) 100.0%
Alternates COB% HRDC%
Alt #1 Bridge Crane 100.0%
Alt #2 Hose Reel Exhaust System 100.0%
Alt #3 Hydraulic Lift and installaion allowance 100.0%
Alt #4 Radiant Slab in HRDC Bus Barn 100,0%
Alt #5 Skylights In COB Shop 100.0%
Owner Supplied Items COB% HRDC%
Per schedule on sheet A2.4. List provided for coordination purposes
Bead Blaster 100.0°/
Chop Saw 100.0%
Grinder 100.0°/
Drill Press 100.0 1 /0
Lathe 100.0%
Press 100.0 °A
Grinder 2 100,0%
Welders 100.0%
Strut Compressor 100.0%
Filter Press 100.0%
Parts Washer 100,0%
Hotsy Pressure Washer 100.0%
Air Compressor 100.0%
Bulk Fluid Tanks 100.0%
Car Hoist SPOA9 100.0%
1T Hoist SP015 100.0%
Water Fill Station Unit 100.0%
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ARRA FACILITY CONTRACT
This Contract is entered into between the State of Montana., DEPARTMENT OF
TRANSPORTATION, "TRANSPORTATION PLANNING DIVISION, 2960 Prospect
Avenue, P.O. Box 201001, Helena., Montana (State) and (Human Resource Development
Council District IX, Inc. (IIRDC), 32 South Tracy, Bozeman, Montana, 59718)
(Grantee). Liaison for the State is (Audrey Allums), Transit Section Supervisor. Liaison
for the Grantee is (Lee Hazelbaker).
The State, having received grant monies from the Federal Transit Administration
(FTA), through ARRA American Recovery Reinvestment Act, as amended, and
desiring to assist the Grantee, enters into the following Contract with Grantee. The
Catalog of Federal Domestic Assistance (CFDA) title is Federal Transit Capital
Investment Grants, and the CFDA number is 20.509.
ARTICLE 1. PROJECT
SECTION 1.1 Purpose of Contract. The purpose of this contract is to assist the
(Grantee) in the construction of a(n) administrative office and vehicle /equipment storage.
SECTION 1.2 Scope of Project The work to be performed by the Grantee shall be in
accordance with the FTA Section 5311 program. The Grantee shall use its best efforts to
efficiently and economically complete the Project.
SECTION 1.3 Project Description Construction of a facility to house the transit facility
offices and bus storage to include a wash bay.
SECTION 1.4 Period of Performance This Contract will be effective as of the last date
on the signature page, with renovation completion by (12 -31- 2012).
SECTION 1.5 Cost of Project. The total cost of the Project shall be $1,200,000.00. The
cost of the Project shall be shared as follows:
Federal 100% $1,200,000.00
SECTION 1.6 Purchase of Project Equipment. The State, on behalf of the Grantee, or
the Grantee with the State's prior approval, shall purchase all Project equipment in
accordance with applicable State law and the standards set forth by the Uniform
Administration Requirement for Grant and Cooperative Agreement to State and Local
Government (49 CFR Part 18). Project equipment shall be purchased in conformity with
the latest approved Cost of Project as shown in Section 1.5.
SECTION 1.7 Use of Project Equipment. The Grantee shall use the Facility for transit-
related purposes only and within the scope described in their Application. If the Facility
is no longer needed for this service, the Grantee shall immediately notify the State and
the State shall dispose of such property in accordance with the FTA Master Agreement
(Attachment D).
SECTION 1.8 Maintenance During the contract period Grantee shall maintain the
Project equipment and facilities at a high level of cleanliness, safety and mechanical
soundness. In addition, all accessible features and equipment used by persons with
disabilities must be maintained in operating condition. This includes but is not limited to
lifts, securement devices, elevators and signage. Equipment must be repaired promptly,
and reasonable steps must be taken to continue serving persons with disabilities while the
repairs are being made (reference 49 CFR, Subpart G, 37.161 and 37.163). The State
reserves the right to rehabilitate any Project vehicle covered under this agreement, after
proper application by Grantee and approval by the State.
1
or self insurance (property damage and liability) adequate to protect the tederal share
portion of Project facilities and equipment. Grantee will furnish proof of such insurance
for the State's approval.
SEC'T'ION 1.10 Records, Reports and Information Access.
1.10.1 Recordkeening. The Grantee shall keep records regarding the use of
Project property, compliance with the provisions of this Contract, the federal assurances,
and such records as the State and the FTA may require, including financial statements,
program operation data, contracts and other Project related documents. If a third party
has exclusive possession of any required information and refuses or fails to provide that
information, the Grantee shall inform the State and set forth its efforts to obtain this
information. Grantee shall maintain these records for at least three years after any final
payment and all other matters pending under this Contract are closed.
1.10.2 Reporting_ During construction and design phases of the project, Grantee
shall advise the State in writing of Project progress at such times and in such manner as
the State and FTA may require, but not less than on a quarterly basis. The I Iuman
Resource Development Council (Agency) will be responsible for providing all required
ARRA employment reporting(see attachment E). The (Agency) will submit electronically
the most current ARRA employment and wage reporting form provided by Transit office
for all (Agency) employees and any consultant, subconsultant, contractor, and
subcontractor it may employ in the Project's development and construction. The report
for each calendar month must be submitted to the Transit office by the 7th day of the
following month, or the last working day before the 7th if the 7th falls on a holiday or
weekend. A Project employee is any (Agency) employee, consultant, subconsultant,
contractor or subcontractor working on the Project, including supervisors, that will be
paid with ARRA funds. Material suppliers are not considered Project employees for
reporting requirements
1. 10.3 Information Access. The Grantee shall indefinitely permit the State, FTA,
or their authorized representatives, to inspect all vehicles, facilities and equipment
purchased for the Project, and all transportation services provided through the Project.
The Grantee shall indefinitely permit the above identified persons to examine the books,
records, data and accounts pertaining to the Project.
1. 10.4 Special Provisions for Projects Financed Under the American Recovery
and Reinvestment Act (Recovery Act)
The Recipient agrees that the following provisions apply to American Recovery and
Reinvestment Act of 2009 (Recovery Act) funds authorized under Pub. L. 111 -5,
February 17, 2009, and agrees to comply with the requirements thereof, except to the
extent FTA determines otherwise in writing:
a. Identification of Recovery Act Funding. A Grant Agreement or Cooperative
Agreement financed with Recovery Act funds will indicate that the Recovery Act is the
source of funding as follows:
(1) If the "Citation of Statute(s) Authoring Project" of the underlying Grant Agreement
displays "49 USC 5307 Urbanized Area Economic Recovery," the Project or Projects
are financed with Recovery Act funds appropriated for the Transit Capital Assistance for
the Urbanized Area Formula Grant Program authorized by 49 U.S.C. 5307.
(2) If the "Citation of Statute(s) Authoring Project" of the underlying Grant Agreement
displays "49 USC 5307 Urbanized Area Economic Recovery Flex," the Project or
Projects are financed with Recovery Act appropriations for highways transferred to
support the FTA Urbanized Area Formula Grant Program authorized by 49 U.S.C.
5307.
(3) if the "Citation of Statute(s) Authoring Project" of the underlying Grant Agreement
displays "49 IJSC 5309 New Starts Economic Recovery," the Project is financed with
Recovery Act appropriations for Capital Investment Grants authorized for Small Starts or
New Starts by 49 LT.S.C. 5309(d) or (e), respectively.
(4) If the "Citation of Statute(s) Authoring Project" of the underlying Grant Agreement
displays "49 iJSC 5309 Fixed Guideway Economic Recovery," the Project is financed
with Recovery Act appropriations for Fixed Guideway Infrastructure Investment for
Modernization, authorized by 49 U.S.C. 5309(b)(2).
2
a
49 USC: 5311 Nonurbanized Area Economic Recovery," the Project is financed with
Recovery Act appropriations for Transit Capital Assistance for the Nonurbanized Area
Formula Program authorized by 49 U.S.C. 5311.
(6) if the "Citation of Statute(s) Authoring Project" of the underlying Grant Agreement
displays "49 USC 5311 Nonurbanized Area Economic Recovery Flex," the Project or
Projects are financed with Recovery Act appropriations for highways transferred to
support the Nonurbanized Area Formula Grant Program authorized by 49 U.S.C. 5311.
(7) If the "Citation of Statute(s) Authoring Project" of the underlying Grant Agreement or
Cooperative Agreement displays "77 Transportation Investments for Greenhouse Gas
Energy Reduction ARRA," the Project is financed with Recovery Act funds specified
for capital investments that will assist in reducing the energy consumption or greenhouse
gas emissions of
their public transportation systems.
b. Identification of Project(s). The Project or Projects for which Recovery Act funding is
provided are set forth in the Recipient's application and reflected in the Approved Project
Budget.
c. Federal Requirements. In addition to applicable Recovery Act statutory and regulatory
requirements, the Recipient agrees that applicable requirements of 49 U.S.C. chapter 53
apply to federally assisted transit projects financed with Recovery Act funds and the
Recovery Act funding, except that the Federal share of the costs for which any Grant is
made under this heading shall be, at the option of the recipient, up to 100 percent.
d. U.S. OMB Provisions. The Recipient agrees to comply with applicable provisions of
U.S. Office of Management and Budget, "Requirements for Implementing Sections 1512,
1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial
Assistance Awards," 2 C.F.R. Part 176, 74 Fed. Rcg. 18449 et seq., April 23, 2009.
Specifically, the Recipient acknowledges and agrees to comply with the following
provisions
1.10.05 (1 Reporting and Registration Requirements under Section 1512 of the
Recovery Act.
(a) This award requires the recipient to complete projects or activities which are funded
under the Recovery Act and to report on use of Recovery Act funds provided through this
award. information from these reports will be made available to the public.
(b) The Recipient agrees to submit the requisite reports no later than seven calendar days
after each calendar quarter in which it receives the Federal assistance award funded in
whole or in part by the Recovery Act.
(c) The Recipient agrees to maintain, and to require its first -tier subrecipients to maintain,
current registrations in the Central Contractor Registration (http: /www.ccr.gov) at all
times during which they have active federal awards funded with Recovery Act funds. A
Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(http: /www.dnb.com) is one of the requirements for registration in the Central
Contractor Registration.
(d) The recipient agrees to report the information described in section 1512(c) of the
Recovery Act using the reporting instructions and data elements that will be provided
online at http: /www.FederalReporting.gov and ensure that any information that is pre
filled is corrected or updated as needed.
(2) Buy America Requirements under Section 1605 of the Recovery Act. Statutory
provisions of 49 U.S.C. Chapter 53 impose Buy America requirements sufficient for
compliance with Section 1605 of the Recovery Act.
(3) Wage Rate Requirements under Section 1606 of the Recovery Act. Statutory
provisions of 49 U.S.C. Chapter 53 impose Wage Rate requirements involving
construction, alteration, maintenance, or repair sufficient for compliance with Section
1606 of the Recovery Act.
(4) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and
Recipient Responsibilities for Informing Subrecipients.
(a) To maximize the transparency and accountability of funds authorized under the
Recovery Act as required by Congress and in accordance with 49 C.F.R. 18.20 or 49
C.F.R. 19.21, as applicable, the Recipient agrees to maintain records that identify
adequately the source and application of Recovery Act fiends.
(b) A Recipient covered by the Single Audit Act Amendments of 1996 and OMB
Circular A -133, "Audits of States, Local Governments, and Non Profit Organizations,"
3
on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection
Form (SF -SAC) required by OMB Circular A -133. The Recipient agrees to accomplish
this by identifying expenditures for Federal awards made under Recovery Act separately
on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA
number, and inclusion of the prefix "ARRA in identifying the name of the Federal
program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC.
(c) The Recipient agrees to separately identify to each subrecipient, and document at the
time of subaward and at the time of disbursement of funds, the Federal award number,
CFDA number, and amount of Recovery Act funds. When the Recipient awards
Recovery Act funds for an existing program, the Recipient agrees to furnish sufficient
information to each subrecipient that distinguishes the subawards of incremental
Recovery Act funds from regular subawards under the existing program.
(d) The Recipient agrees to require each subrecipient to include on its SEFA information
to specifically identify Recovery Act funding similar to the requirements for the recipient
SEFA described above. This information is needed to allow the Recipient to properly
monitor subrecipient expenditure of ARRA funds as well as oversight by FTA, DOT,
Offices of Inspector General and the Government Accountability Office.
c. One -Time Funding. The Recipient acknowledges that receipt of Recovery Act funds is
a "one- time" disbursement that does not create any future obligation by the FTA to
advance similar funding amounts.
f. Integrity. The Recipient agrees that all data it submits to FTA in compliance with
Recovery Act requirements will be accurate, objective, and of the highest integrity.
g. Violations of L,aw. The Recipient agrees that it and each of its subrecipients shall
report to the U.S. DO'T Inspector General or other appropriate Inspector General any
credible evidence that a principal, employee, agent, contractor, subrecipient,
subcontractor, or other person has submitted a false claim under the False Claims Act, 31
U.S.C. 3729 et seq., or has committed a criminal or civil violation of law pertaining to
fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery
Act funds.
h. Maintenance of Effort. A Recipient that is a State agrees to comply with the
maintenance of effort certification it has made in compliance with Section 1201 of
Recovery Act.
i. Emblems. The Recipient agrees to use signs and materials that display both the
American Recovery and Reinvestment Act (Recovery Act) emblem and the
Transportation Investment Generating Economic Recovery (TIGER) program emblem to
identify its Project(s) financed with Recovery Act funds that are provided by U.S. DOT
in a manner consistent with Federal guidance, and to include this provision in any
subagreements, leases, third party contracts, or other similar documents used in
connection with its Recovery Act Project(s).
j. Further Requirements. The Recipient agrees to comply with applicable :future Federal
requirements that may be imposed on the use of Recovery Act funds.
ARTICLE 2. DEFAULT AND TERMINATION
SECTION 2.1 Default. Nonperformance by the Grantee of any obligation imposed by
this Contract, including noncompliance with the federal assurances in Articles 3 and 4, or
reduction of local project cost funding, will constitute default.
SECTION 2.2 Termination. This Contract may be terminated by the State by serving a
notice of termination on the Grantee. Termination may occur for either convenience or
default. If termination is for convenience, the notice shall give the Grantee thirty days to
wind down its activities under this Contract. If termination occurs due to default, the
notice shall state the nature of the Grantee's default, and offer the Grantee an opportunity
to explain its nonperformance. If the State finds that the Grantee has a reasonable excuse
for nonperformance, which is beyond the control of the Grantee, the State may set up a
new work schedule and allow the completion of this Contract.
In any termination, the State will make its contractual payments proportionate to
the work properly performed in accordance with this Contract to the time of termination.
Grantee shall account for any Project property in its possession.
SEC'1'10N 2.3. L,iii Tats ion. Controversy arising from this contract may result in
litigation. Arbitration is not available. This Contract shall be governed by Montana. law.
4
SECTION 2.4 Venue. In the event of litigation concerning this Agreement, venue shall
be in the First Judicial District of the State of Montana, Lewis and Clark County.
ARTICLE 3. MISCELLANEOUS
SECTION 3.1 Contract Modification. Any change in this Contract will only be by
written agreement of the Parties.
SECTION 3.2 Assignment and Subcontracting_ The Grantee shall not assign any portion
of the work to be performed under this Agreement, or execute any contract, amendment
or change order thereto, or obligate Grantee in any manner with any third party with
respect to Grantee's rights and responsibilities under this Agreement, without the prior
written concurrence of the State.
SECTION 3.3 Subcontracts. The Grantee shall include in all subcontracts entered into
pursuant to this Agreement a copy of this Contract, and the subcontract will make the
provisions of this Contract a specific part of the subcontract. In addition, the Grantee
shall include the following provisions in any advertisement or invitation to bid for any
procurement under this Agreement:
Statement of Financial Assistance
This agreement is subject to a financial assistance contract between the
Montana Department of Transportation, the U. S. Department of
Transportation, and the Federal Transit Administration.
SECTION 3.4 Indemnification. The Grantee shall indemnify, defend, and hold harmless
the State of Montana, Department of Transportation, its employees and agents from and
against all claims, demands, or actions from damages to property or injury to persons or
other damage to persons or entities arising or resulting from the performance of this
Contract.
SECTION 3.5 Settlement of Third Party Contract Disputes or Breaches. The term
"third -party contract," as used in this Agreement, is defined as a contract between the
Grantee and its subcontractor in which the Grantee has procured a good and/or service
commercially from the subcontractor. FTA has a vested interest in the settlement of
disputes, defaults, or breaches involving any federally assisted third party contracts. FTA
retains the right to a proportionate share, based on the percentage of the federal share
committed to the Project, of any proceeds derived from any third party recovery.
Therefore, the Grantee shall avail itself of all legal rights available under any third party
contract. The Grantee shall notify the State of any current or prospective litigation or
major disputed claim pertaining to any third party contract. FTA reserves the right to
concur in any compromise or settlement of the Grantee's claim(s) involving any third
party contract, before making federal assistance available to support that settlement. if
the third party contract contains a liquidated damages provision, any liquidated damages
recovered shall be credited to the Project account involved unless FTA permits otherwise.
SECTION 3.6 Notice. All notices arising from the provisions of this Contract shall be in
writing and given to the parties at the addresses listed above, either by regular mail or
delivery in person.
SECTION 3.7 Agency Assistance. No assistance, other than provided for by this
Contract, will be required, but may be provided at the discretion of State.
SECTION 3.8 Severability and Integration. if any part, or parts, of this Contract are
determined to be void, the remaining parts will remain valid and operative. This
document, together with its schedules, attachments, and exhibits, represent the complete
and entire understanding of the parties on its subject matter. No provision, express or
implied, arising from any prior oral or written request, bid, inquiry, negotiation, contract,
or any other form of communication, shall be a provision of this contract unless it is
reduced to writing, signed by the parties, and attached to this document.
5
Grantee shall participate in the selection, award, or administration of a contract it' a
conflict of interest, real or apparent, would be involved. Such a conflict would arise
when:
(1) The employee, officer, board member or agent;
(2) Any member of his or her immediate family;
(3) llis or her partner; or
(4) An organization which employs, or is about to employ any of the above;
has a financial or other interest in the firm selected for award. The Grantee's employees,
officers, board members or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties of
subagreements.
SECTION 3.10 Interest of Members of or Delegates to Congress. No member of or
delegate to the U.S. Congress shall be admitted to any share or part of this Agreement or
to any benefit arising therefrom.
SECTION 3.11 Waivers A party's failure to enforce any provision of this Contract shall
not be construed as a waiver excusing the other party's future performance.
SECTION 3.12 Ineligible Bidders Bidders or Suppliers whose names appear on the U.
S. Comptroller General's List of Ineligible Contractors are not eligible for award of, or
participation in, any contract that may be awarded as a result of this agreement.
Submission of a bid by any bidder constitutes certification as outlined in Attachment C
that he or any subcontractor or suppliers to him, on this proposed contract, if one is
awarded, are not on the Comptroller General's List of Ineligible Contractors. A
subsequent determination by FTA that a bidder knowingly made any misstatement of
facts in this regard will be cause for immediate disqualification, suspension or
termination of the contract for cause
SEC'T'ION 3.13 Byrd Anti Lobbying; Amendment, 31 U.S.C. 1352, as amended by the
Lobbying Disclosure Act of 1995 P.L. 104 -65 codified at 2 U.S.C. L1601-et se q.
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" (Attachment A). 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 recipient.
SECTION 3.14 Employee Political Activity. The provisions of 5 U.S.C. 1501 -1508,
7324 -7326 (the "Klatch Act and implementing regulations set forth in 5 CFR Part 151
are applicable to State and local agencies and their officers and employees to the extent
covered by the statute and regulations. The Hatch Act restricts the political activity of an
individual principally employed by a state or local executive agency in connection with a
program financed in whole or in part by federal loans, grants, or cooperative agreement.
SECTION 3.15 Program Fraud and False or Fraudulent Statements or Related Acts. (1)
The Grantee acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. 3801 et seq. and USDOT regulations, "Program Fraud
Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Grantee 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 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
Grantee further acknowledges that if it makes, or causes to be made, a false, fictitious, or
6
the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
Grantee to the extent the federal government deems appropriate.
(2) The Grantee 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 Grantee, to the extent the federal government deems
appropriate.
(3) The Grantee agrees to include the above two clauses in each subcontract financed in
whole or in part with federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
SECTION 3.16 Debarment and Suspension. The Grantee shall obtain from its third
party contractors certifications required by Department of Transportation regulations,
"Government -wide Debarment and Suspension (Nonprocurement)," 49 CFR Part 29, and
otherwise comply with the requirements of those regulations.
SECTION 3.17 No State Obligations to Third Parties. The State shall not be subject to
any obligations or liabilities to any third party in connection with the performance of this
Project without the specific written consent of the State and FTA. Neither the
concurrence in nor the approval of the award of this contract or any subcontract, or the
solicitation thereof, nor any other act performed by the State under this contract shall
constitute such consent.
SECTION 3.18 Elderly and Handicapped. The Grantee agrees to comply with all
applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq., and implementing regulations, which prohibit employment and other
discrimination against individuals on the basis of age. The Grantee also agrees to comply
with the requirements of 49 U.S.C. 5301(4), 29 U.S.C. 794, the Americans with
Disabilities Act, as amended (42 U.S.C. 12101 et seq.), and the Architectural Barriers Act
of 1968, as amended (42 U.S.C. 4151 et seq.), as well as the applicable requirements of
the regulations implementing those laws.
SECTION 3.19 Buy America Provision. The Grantee agrees that, in its execution of this
Contract, it will comply with the requirements of 49 U.S.C. 53230), with the FTA
regulations 'Buy America" Requirements at 49 CFR part 661, and with any
implementing guidance that the FTA may issue.
SECTION 3.20 Seismic Safety. The Grantee 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 grantee 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.
SECTION 3.21 Clean Water. (1) The Grantee 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 Grantee agrees to report each violation to
the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
7
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
SECTION 3.22 Clean Air. (1) The Grantee 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 seq. The Grantee agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required
to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Grantee agrees to include these requirements in each subcontract
exceeding $1.00,000 financed in whole or in part with Federal assistance provided by
FTA.
SECTION 3,23 Energy Conservation. The Grantee and its third party contractors shall
recognize 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 (42 U.S.C. 6321 et seq.).
SECTION 3.24 Bond Requirements.
Bid Bond Requirements (Construction
(a) Bid Security. A Bid Bond must be issued by a fully qualified surety company
acceptable to The State and listed as a company currently authorized under 31 CFR Part
223 as possessing a Certificate of Authority as described thereunder.
(b) Rights Reserved. In submitting this Bid, it is understood and agreed by bidder
that the right is reserved by The State 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 ofninety (90) days subsequent
to the opening of bids, without the written consent of The State.
(c) It is 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 the State, 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 (Recipient's) damages occasioned by such withdrawal, or
refusal, or inability to enter into an agreement, or provide adequate security therefore.
(d) It is 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 the State as provided in [Item x
"Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense
the State for the damages occasioned by default, then the undersigned bidder agrees to
indemnify the State and pay over to the State the difference between the bid security and
(Recipient's) total damages, so as to make the State whole.
(e) 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.
Performance and Payment Banding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original
contract price, unless the State determines that a lesser amount would be adequate for the
protection of the State.
2. The State may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the
increase in contract price. The State may secure additional protection by directing the
8
bond.
(b) Payment bonds
1. The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than
$1 million.
(ii) Forty percent of the contract price if the contract price is more than $1
million but not more than $5 million; or
(iii) Two and one half million if the contract price is more than $5 million.
2. If the original contract price is $5 million or less, the State may require
additional protection as required by subparagraph 1 if the contract price is increased.
SECTION 3.25 Davis -Bacon Act. Grantee agrees to comply with all Department of
Labor regulations set forth in the Davis -Bacon Act, 29 CF R 5.5 as outlined in Attachment
B.
SECTION 3.26 Federal Changes. Grantee 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 (Attachment D) between the State
and F'TA, as they may be amended or promulgated from time to time during the tern of
this contract. Grantee's failure to so comply shall constitute a material breach of this
contract.
SECTION 3.27 Authority. The Grantee warrants that it has the lawful authority to enter
this Agreement, and that it has taken all actions and complied with all procedures
necessary to execute the authority lawfully in entering this Agreement, and that the
undersigned signatory for Grantee has been lawfully delegated the authority to sign this
Agreement on behalf of Grantee.
SECTION 3.28 Inco oration of FTA Terms. 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 FTA Circular 4220.1 F, dated November 1, 2008, are hereby incorporated
by reference. Anything to the contrary herein withstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in
this Agreement. The Grantee shall not perform any act, fail to perform any act, or refuse
to comply with any State requests which would cause the State to be in violation of the
FTA terms and conditions.
Section 3.29 Disposition of Project, Property With prior FTA approval, the Recipient
may sell, transfer, or lease Project property and use the proceeds to reduce the gross
project cost of other eligible capital public transportation projects to the extent permitted
by 49 U.S.C. 5334(h)(4). The Recipient also agrees that FTA may establish the useful
life of Project property, and that it will use Project property continuously and
appropriately throughout the useful life of that property.
(1) Project Property Whose Useful Life Has Expired When the useful life of
Project property has expired, the Recipient agrees to comply with FTA's disposition
requirements.
(2) Project Pro perty Prematurely Withdrawn from Use For Project property
withdrawn from appropriate use before its useful life has expired, the Recipient agrees as
follows:
(a) Notification Requirement. The Recipient agrees to notify FTA immediately
when any Project property is prematurely withdrawn from appropriate use, whether by
planned withdrawal, misuse, or casualty loss.
(b) Calculating the _F_ air Market Value of Prematurely, Withdrawn Project
Propel1y. The Recipient agrees that the Federal Government retains a Federal interest in
the fair market value of Project property prematurely withdrawn from appropriate use.
The amount of the Federal interest in the Project property shall be determined on the
basis of the ratio of the Federal assistance made available for the property to the actual
cost of the property. The Recipient agrees that the fair market value of Project property
prematurely withdrawn from use will be calculated as follows:
1. Equipment and Supplies tJnlcss otherwise determined in writing by
FTA, the Recipient agrees that the fair market value of Project equipment and supplies
shall be calculated by straight -line depreciation of that property, based on the useful life
of the equipment or supplies as established or approved by FTA. The fair market value
of Project equipment and supplies shall be the value immediately before the occurrence
prompting the withdrawal of the equipment or supplies from appropriate use. In the case
of Project equipment or supplies lost or damaged by fire, casualty, or natural disaster, the
fair market value shall be calculated on the basis of the condition of the equipment or
supplies immediately before the fire, casualty, or natural disaster, irrespective of the
extent of insurance coverage. As authorized by 49 C.F.R. 18.32(b), a State may use its
own disposition procedures, provided that those procedures comply with the laws of that
State.
2. Real Property The Recipient agrees that the fair market value of real
property financed under the Project shall be determined by FTA either on the basis of
competent appraisal based on an appropriate date approved by FTA, as provided by
49 C.F.R. Part 24, by straight line depreciation of improvements to real property coupled
with the value of the land as determined by FTA on the basis of appraisal, or other
Federal law or regulations that may be applicable.
3. Exceptional Circumstances The Recipient agrees that the Federal
Government may require the use of another method to determine the fair market value of
withdrawn Project property. In unusual circumstances, the Recipient may request that
another reasonable valuation method be used including, but not limited to, accelerated
depreciation, comparable sales, or established market values. In determining whether to
approve such a request, the Federal Government may consider any action taken, omission
made, or unfortunate occurrence suffered by the Recipient pertaining to the preservation
of Project property no longer used for appropriate purposes.
(c) Financial Obligations to the Federal Government. Unless otherwise
approved in writing by the Federal Government, the Recipient agrees to remit to the
Federal Government the Federal interest in the fair market value of any Project property
prematurely withdrawn from appropriate use. In the case of fire, casualty, or natural
disaster, the Recipient may fulfill its obligations to remit the Federal interest by either:
1. Investing an amount equal to the remaining Federal interest in like -kind
property that is eligible for assistance within the scope of the Project that provided
Federal assistance for the property that has been prematurely withdrawn from use; or
2. Returning to the Federal Government an amount equal to the remaining
Federal interest in the withdrawn Project property.
SECTION 3.29 Compliance with Laws. Some of the clauses contained in this Contract
are not governed solely by federal law, but are significantly affected by state law, The
laws and regulations cited in this Contract are not all inclusive of those which may apply
to the successful completion of this Contract. The (:grantee understands that it is its
10
operation under this Contract, and that Grantee is solely responsible for its lawful
compliance with them.
ARTICLE 4. NON DISCRIMINATION NOTICE
During the performance of this Agreement, (Human Resource Development Council)
(hereafter in this Section "the Party for itself, its assignees and successors in interest,
agrees as follows:
A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR FEDERAL -AID CONTRACTS
(1) Compliance with Regulations The Party shall comply with all
Regulations relative to nondiscrimination in Federally- assisted programs
of the Department of Transportation, 49 Code of Federal Regulations
(CFR), Part 21, as they may be amended (hereafter referred to as the
Regulations), which are incorporated by reference and made a part of this
Agreement, even if only state funding is here involved.
(2) Nondiscrimination The Party, with regard to the work performed by it
during the Agreement, shall not discriminate on the grounds of sex, race,
color, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Party
shall not participate either directly or indirectly in the discrimination
prohibited by 49 CFR Sec. 21.5.
(3) Solicitations for Subcontracts Including Procurement of Materials and
Equipment In all solicitations, whether by competitive bidding or
negotiation by the Party for work to be performed under a subcontract,
including procurement of materials or leases of equipment, any potential
subcontractor or supplier shall be notified by the Party of the Party's
obligations under this Agreement and the Regulations relative to
nondiscrimination.
(4) Information and Reports The Party will provide all reports and
information required by the Regulations, or directives issued pursuant
thereto, and permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by State or the Federal
Transit Administration (FTA) to be pertinent to ascertain compliance with
Regulations or directives. Where any information required of the Party is
in the exclusive possession of another who fails or refuses to furnish this
information, the Party shall so certify to the Department or the FTA as
requested, setting forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance In the event of the Party's noncompliance
with the nondiscrimination provisions of this Agreement, State may
impose sanctions as it or the FTA determines appropriate, including, but
not limited to,
(a) Withholding payments to the Party under the Agreement until the
Party complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in
whole or in part.
(6) Incorporation of Provisions The Party will include the provisions of
paragraphs (1) through (6) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Party will take such action with
respect to any subcontract or procurement as the State or the FTA may
direct to enforce such provisions including sanctions for noncompliance:
Provided, however, that in the event the Party is sued or is threatened with
Il
Party may request the State to enter into the litigation to protect the
interests of the State, and, in addition, the Party or the State may request
the United States to enter into such litigation to protect the interests of the
United States.
B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF
FAIR PRACTICES, SEC. 49 -3 -207, MCA
In accordance with Section 49 -3 -207, MCA, the Party agrees that for this Agreement all
hiring will be made on the basis of merit and qualifications and that there will be no
discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital
status, physical or mental disability, or national origin by the persons performing the
Agreement.
C) COMPLIANCE WTl`H AMERICANS WITH DISABILITIES ACT (ADA)
(1) The Party will comply with all regulations relative to implementation of
the AMERICANS WITH DISABILITIES ACT.
(2) The Party will incorporate or communicate the intent of the following
statement in all publications, announcements, video recordings, course
offerings or other program outputs: "The Party will provide reasonable
accommodations for any known disability that may interfere with a
person in participating in any service, program or activity offered by
the Party. in the case of documents, recordings or verbal
presentations, alternative accessible formats will be provided. For
further information call the Party."
All video recordings "..........l
agreement will be closed-captioned.
tired: Bull a nd Numberinc
a
b g produced and created under contract and/or- Forma
D) COMPLIANCE WTfH PARTICIPATION BY DISADVANTAGED
BIJSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION
FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26
Each Agreement the Department signs with a Party (and each subcontract the
prime contractor signs with a subcontractor) must include the following
assurance:
The Party, subrecipient or subcontractor shall not discriminate on the basis
of race, color, national origin, or sex in the performance of this contract. The
Party shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of DOT assisted contracts. Failure by the Party 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
recipient deems appropriate.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
(HUMAN RESOURCE DEVELOPMENT COUNCIL)
BY:
DATE:
MONTANA DEPARTMENT OF TRANSPORTATION
BY:
12
DATE:
Approved for Legal Content by:
Approved for Civil Rights Content by:
ATTACHMENT A
APPENDIX A, 49 CFR PART 20-- CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offi?r exceeding $100,(100)
The undersigned [Grantee] 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 ol'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) Ii' any finds 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, 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 fern 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.]
13
The Grantee, (Human Resource Development Council), certifies or affirms the
tnrthf ilness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Grantee understands and agrees that the provisions of 31 U.S.C. A 3$01, et
seq., apply to this certification and disclosure, if any.
Signature of Grantee's Authorized Official
Name and Title of Grantee's Authorized Official
Date
ATTACHMENT 13
DAVIS -BACON ACT
40 1JSC 276a 276a -5 (1998)
29 CFR 5 (1999)
(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 perforated. The wage determination 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.
(13) 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.
14
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
(a)(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.
(iii) 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 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 tinder 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
(a)(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 Grantee 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, trainee, or helper, employed or working on the site of the work (or under the
United States Housing Act of 1937 or Linder the Housing Act of 1949 in the construction or development of
the project), all or par of the wages required by the contract, the Grantee 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
15
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 I (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 I(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 Grantee 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 29
CFR part 5. This information may be submitted in any form desired. Optional Form W14-347 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 topics 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:
(1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR
part 5 and that such information is correct and complete;
(2) That cacti laborer or mechanic (including cacti 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 pennissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That cacti laborer or mechanic has been paid not less than 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 Tabor, 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 there 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) Apprentice s 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 Slate
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary cnrploymcnt 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
Stale Apprenticeship Agency (where appropriate) to be eligible f'or probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification slid]]
not be greater than the ratio pemlitted 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 staled above, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performcd. in addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program slid]] 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
16
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 Flour 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 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 perfonmed until an acceptable program is
approved.
(ii) Tr ainees 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 penmittcd 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 Ifour
Division determines that there is an apprenticeship program associated with the correspondingjourneyman
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 employment opportunity The utilization of apprentices, trainees and journeymen under this part
shall be in conformiity 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.
(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 shat I 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 firms who has an interest in the contractor's firm is a person or firm
17
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
Pursuant to Section 102 (Overtime):
(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 therefor 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 (Grantee) 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 contract or any other Federal contract with the same prime contractor, or any other 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
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 this section.
Section 107 (OSHA):
(This section is applicable to construction contracts only)
Contract Work Hours and Safety Standards Act (i) The Contractor agrees to comply with section 107
of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL
regulations, Safety and I icalth Regulations for Construction 29 C.F.R. Part 1926. Among other things,
the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or
dangerous surroundings or working conditions-
(ii)Subcontracts The Contractor also agrees to include the requirements of this section in each
subcontract. The tern "subcontract" under this section is considered to refer to a person who agrees to
perform any part of the labor or material requirements of a contract for construction, alteration or repair. A
person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials
will be considered a "subcontractor" under this section if the work in question involves the performance of
construction work and is to be performed: (1) directly on or near the construction site, or (2) by the
employer for the specific project on a customized basis. Thus, a supplier of materials which will become an
integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or
materials in question specifically for the Construction project and the work involved may be said to be
construction activity. If the goods or materials in question are ordinarily sold to other customers from
regular inventory, the supplier is not a "Subcontractor." The requirements of this section do not apply to
contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open
market.
ATTACHMENT C.
18
Lower Tier Covered Transactions (Third Party Contracts over $100,000).
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier
participant is providing the signed certification set out below
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the federal government, the State may pursue
available remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the
State if at any time the prospective lower tier participant leans that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "persons," "lower tier covered transaction,"
"principal," "proposal," and 'voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549 [49 CFR Part 29]. You may contact the State for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized in writing by the State.
6. The prospective lower tier participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction without
modification, in a.11 lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List issued by U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of
system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to all remedies available to the federal
government, the State may pursue available remedies including suspension and /or
debarment.
19
Voluntary_ Exclusion_- Lower Tier Covered Transaction
(1) The prospective lower tier participant certifies, by submission of this bid or proposal,
that neither it nor its "principals" [as defined at 49 CFR §29.105(p)] is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Attachment D
Master Agreement available upon request.
Or at website http: /www.fta.dot.gov /documents /15- Master.pdf
ATTACHMENT E:
ARRA employment forni subject to change. Will also be available at
ht!p://www.mdt.mt.k ov/publications/forms.shtml#rw at bottom of page under Transit.
MONTHLY EMPLOYMENT REPORT (Form 1589)
AMERICAN RECOVERY AND REINVESTMENT ACT
1. First day of reporting 2_ Report Month (mm /yy) 3. Contracting Agency 4. Federal Proj.
period (mm /dd /yy) Number
State
5. Project ID 6. State Project Number 7. Project Description
8. Local Agency /Tribe Name and Billing Address 9. DUNS Number
10. Add an "X" if changes have been made to the address or DUNS
Number
11a. Prepared by: (Name and Title) 11 b. Date
12. Employment Data Direct, On Project Jobs
TOTAL TOTAL TOTAL
EMPLOYEES HOURS PAYROLL
Agency Direct Project Employment
Consultant, Contractor and Subcontractor
Name(s)
20
Form 1589
Status of
Employment Total Nbr of Total Total
Reports Employees Hours Pa roll
4 0 0
21
FTA Revised 10/1/09
FEDERAL AID
ARRA (TRANSIT) FTA Civil vil Ri_ ghts
ARRA Employment Report and Verification
Requirements
Preconstruction Agenda
(Attach to Engineer's Preconstruction Minutes)
Civil Rights Agenda: Federal -Aid ARRA -FTA Projects
Part 1: Project Information
Part 2: EEO Construction Pre -Bid Contract Compliance
Part 3: FTA ARRA Report Verifications (Local Agency,
Consultant, and Construction Contractors)
Part 4: FTA Labor Compliance
Part 5: Disadvantaged Business Enterprises (DBE)
Part 6: EEO Post -Award Contract Compliance
If you have questions during the preconstruction conference, please call Bill Anderson
(406) 444 -6334; TTY: (800) 335 -7592; or email: bianderson@mt.00v
Alternative Accessible formats of this document are available upon request.
Contact Civil Rights Bureau at (406)444 -6334
TTY: (800)335 -7592, or email bianderson@mt,cgov
FTA Revised 10/1/09
Part 1: Project Information
District: Information presented by:
Precon Date: Project: Location:
Precon Attendees:
Prime Contractor: Contractor Consultant DUNS
Registration
Local Entity.
Local Government Contact:
Subcontractor(s):
Subcontractor(s) Consultant Registration #(s). Subcontractor DUNS #(s):
Is there a complete written subcontract for each? Yes o No
What work classifications will be on this project?
Are the worker classifications on this project covered by the Yes No
applicable wage decision?
If no is answered above, does a request for authorization of Yes No
additional classification and rate need to be submitted? NA
Estimated Start Date: Estimated Stop Date:
Part 2: EEO Construction Pre -Bid Contract Compliance
Have wage rates been included with all construction pre -bid advertising documents? This
is required for all ARRA federal -aid construction contracts of $2,000 or more.
Have the PR 1273 (Required Contract Provisions: Federal -Aid Contracts) been included
with all construction pre -bid advertising documents?
Have Americans with Disabilities Act (ADA) requirements been considered and resolved? If
questions, contact the MDT ADA Coordinator at (406) 444 -6331.
Have Disadvantaged Business Enterprises (DBE) requirements (DBE Schedule of
Participation; DBE Substitution; CUF Monitoring Report; etc.) been considered and
resolved? If questions, contact the MDT DBE Manager at (406) 444 -6331.
Part 3: ETA ARRA Report Verifications
(Local Agency, Consultant Contractors and Construction Contractors)
1
FTA Revised 9/3/09
Special Provision 9 of Federal Aid Contract Specs reads in relevant art:
9. ARRA REQUIREMENTS 102 Revised 4 -8 -09
"...D. ARRA Reporting Requirements. Submit the most current Department provided form for
the calendar month before the report date. Submit the form to the Project Manager electronically
so it is received by the 7 of each month, or the last working day before the 7 th if the 7 falls on a
holiday or weekend. The Department may update the form at any time during the project. Check
the website each month for the most current form prior to submitting. The form may include
information such as (but not limited to)
Number of project employees
Total on -site hours for project employees
Total on -site wages for project employees
A project employee is any Contractor of Subcontractor employee working any time on the project
site, including supervisors. Material suppliers are not considered project employees for reporting
requirements....
"Whistleblower" posters must be posted at all MDT offices, contractor offices involved with
ARRA (Recovery Act) projects, and under the Recovery Act on each bulletin board. The
posters can be located at: http: /www.mdt.mt.gov /recovery /docs /know your rig_hts.pdf
Verification of employment reporting is crucial for ARRA reporting. Anyone working on the
project (including local agency staff, consultant contractors, and construction contractors) and
being paid with ARRA funds must be reported. Appropriate verifications of the report numbers
must also be submitted. [Form 1589 employment reporting and verification is distinct from form
1512 financial reporting.]
Local agencies "sub- recipients must submit electronically or by fax, as appropriate, to:
Kenn Winegar at kewinegar @mt.g_o_v or (406) 444 -7671 a monthly employment report
(1589) listing, among other items, "the number of hours worked by your staff which will be paid
by ARRA funds; the number of hours worked on site (e.g. at your facilities, or your primary
construction location) by contractors or sub contractors whom you are paving with ARRA funds
and the number of hours worked offsite, but directly on ARRA projects, by contractors or sub-
contractors whom you are paying with ARRA funds."
Reminder: The local agency must list itself as "contractor" on the monthly
report.
Any consultants (i.e. design architects) or construction contractors paid with
ARRA funds must be reported.
FTA ARRA monthly employment report (1589) forms will be available through
MDT Planning. ARRA local administrators must email the monthly
employment report no later than the 7th of the following month to Kenn
Winegar at kewinegar@mtt.gov
to Chris Currie at ccurrie mt. ov an invoice from the local sub recipient including, among
other items, a list of:
2
FTA Revised 9/3/09
o Non —Davis Bacon employees paid for by ARRA funds in that month (Reminder: A
"non -Davis Bacon employee" is any local entity employee, consultant, or other
employee who is funded by ARRA but is not covered on a Davis -Bacon payroll.)
including, among other items,:
classification and name,
total hours within the period,
rate of pay, and
total gross pay within the period.
to Chris Currie at ccurrie @mt.gov a monthly report of all payments, DUNS of the payee,
and purpose.
to Tom Stuber at tstuberCibmt.gov, weekly Davis -Bacon certified payrolls. A Davis -Bacon
payroll must be submitted to verify construction employment paid by ARRA funds. [See Part
4 of this document for details.]
Supervisors and foremen hours and wages may be reported at the contractor's
discretion but are not required. However, the contractor will be contacted if the
monthly employment report is less than the hours reported on the Davis -Bacon
payrolls.
Email scanned copies to tstuberCamt.gov or fax copy of any ARRA payrolls to Tom
Stuber at 406 444 -7671 within seven 7 days after end of work week.
For questions about Davis -Bacon payrolls, contact Bill Anderson at (406)
444 -6334 or email at bianderson@mt.gov
In accordance with new ARRA reporting requirements, all payments made to subcontractors
need to be submitted within 3 days of the payment to the Civil Rights Bureau DBE Program
Manager. Forms are available online to complete and submit at
htt /www.mdt.mt. ov/ ublications /dots /forms contractin /contract payments.pdf.
This form requires entry of:
Contract or project number
Payment Date
Payee
Payment Amount
Local recipient may opt to delegate this task to prime contractor or keep it for itself.
In any case, local recipient is responsible.
Prime contractor will use on -line form to report payments to subcontractor within 3
days.
Local recipient will require prime to report payments to subcontractor, then local
recipient will use on -line form to report payments to subcontractor within 3 days.
3
FTA Revised 9/3/09
Civil Rights Bureau (CRB) must verify the ARRA monthly employee report against the
construction Davis -Bacon payrolls and local agency invoices. CRB will contact you if any
questions arise. If you have any questions about this process, contact Bill Anderson at (406)
444 -9216 or bianderson@mt.gov
Report Due Date MDT Contact Phone /Fax Email Address
Employment By 7 of Kenn Winegar (406) 444 -7671 kewinggar@mt.gov
Monthly Report following month (fax)
1589
Invoice with By 7 of (406) 444 -7671
classifications, following month (fax)
total hours, total
pay, and rate of
pay of Chris Currie (406) 444 -6100 ccurrie@mt.gov
individuals not (phone)
on Davis -Bacon
payroll and paid
by ARRA funds
Invoice of (406) 444 -7671
payments, (fax)
DUNS of
payee, and Chris Currie (406) 444 -6100 ccurrie@mt.gov
p urpose hone
Davis -Bacon By 7 1h day after Tom Stuber (406) 444 -7671 tstuber @mt.gov
Payrolls end of work (fax)
week
Payments to Within 3 days Wendy Stewart (406) 4446337 http /www.mdt.mt.gov/
Subcontractors after payment (phone) publications/
does /forms/
contracting/
contract a ments. df
4
FTA Revised 10/1/09
Part 4: ETA Labor Comi3liance
The Local Agency is responsible to assure wage rates and the PR 1273 are physically affixed to
the prime and any subcontracts and not just referenced in the contract.
Labor Compliance Zone(s):
determined by measuring the road miles over the shortest practical maintained route from
the County Courthouse of the following towns (see General Wage Decision) to the center of the
job. Exemptions from zone pay include: Electricians, Line Construction, Painters, and
Welders. If multiple sites for the project, each site can be listed with the different appropriate
zone.]
This federal aid project is located in zone county
(Is it specified in contract
Labor Compliance Payrolls (construction contractors):
Who is the Prime Contractor's project manager?
What is the anticipated workday?
Email scanned copy or fax copV of any ARRA paVrolls within seven 7 days after end of
work week to Tom Stuber at tstuber mt. ov or 406 444 -7671.
ARRA construction projects require Davis -Bacon certified payrolls.
A completed Statement of Compliance must be attached to each certified payroll.
Be sure the appropriate fringe benefit box has been checked and that the
certification page is signed.
Owners and other salaried supervisors must be shown on the payroll when
performing duties on the project site.
Certified payrolls are not to include the worker's social security number or their
address. If the payroll account system does not allow elimination of this
information, then black out the SSN except for the last four digits and the
employee address.
Payroll records must be retained by the local administrator for a period of three years.
For questions about Davis -Bacon payrolls, contact Bill Anderson at (406) 444 -6334 or at
bianderson@mt.gov.
5
FTA Revised 10/1/09
Labor Compliance Fringe Benefits:
The contractor has three options:
a. Fringe Benefits may be paid directly to employees each week, in cash, or
b. Fringe Benefits may be paid to a trust fund (approved by U.S.DOL), or
c. Fringe Benefits may be paid in a combination of a. and b. above.
Name of trust fund?
It fringe benefits are paid to a trust fund for which the employee is not a member, the contractor
is obligated to provide information to the employee concerning access to the trust fund. This
information must be submitted to the Local Agency or Consultant with the first payroll.
Labor Compliance Work Week:
General Wage Decisions (attached to the contract) set the Base pay zone pay fringe
benefits which equals the total wage package. A contractor may pay more than the wage
package. 40 hours is a standard workweek. On the 41 st hour, overtime (time and a half) must
be paid Overtime is based on 1.5 x base rate zone pay, or 1.5 x the higher wage rate the
contractor has chosen to pay.
Fringe benefits are always paid straight time. Fringe benefits will be indicated on the certified
payroll as paid in cash and /or to an approved bona fide fund. In both straight and overtime
situations, worker must be paid at least what they would have earned under Davis -Bacon
wages.
Labor Compliance Legal Deductions:
1. The only legal deductions are FICA (Social Security Medicare), State (SIT), and Federal
(FIT) Taxes.
2. Deductions other than those mentioned above must be accompanied by a deduction
authorization signed by the employee. The signed and dated authorization must include the
specific weekly dollar amount and the specific reason for the deduction.
3. If a deduction for child support or a garnishment occurs, a letter on the company's letterhead
explaining the judicial decree must accompany the first payroll on which the deduction
occurs.
Labor Compliance Shifting: Yes No
Shifting from the wage rate to the fringe benefits to cover higher fringe benefits than those in the
contract is permitted if it is a requirement of a bargaining agreement or other trust fund
agreement. The wage /fringe package must remain the same or higher than that in the contract
wage rates. Overtime must be calculated on the published Davis -Bacon wage rate or the wage
actually being paid if higher than the published rate. Once the overtime rate is calculated,
shifting can then occur.
Labor Compliance Work Classifications [See table in Part 1]:
1. Flaggers are covered by Davis -Bacon Wage Rates. (All flaggers must be certified)
6
i
FTA Revised 9/3/09
2. Foremen and supervisors working with the tools of the trade more than 20% of the time
must be paid a minimum of the appropriate wage rate for the work they are performing. All
foremen and superintendents must appear on the certified payroll, even if salaried.
3. Employees working at other than their assigned classifications for 20% or more of their time
must be paid for the work they are performing or at the higher of the two rates.
4. Employees must be classified and paid for the work they are performing. The classification
codes shown on the payroll must clearly identify the work being performed. MDT requests
all contractors use the MDT groups from the contract wage rates. If your computer
software will not print the classifications, please write them in.
5. If the contractor uses a classification system other than what is provided in the contract, it
must be easily comparable to the MDT group system and must identify the wage decision
number. A copy of the contractor's code conversion sheet must be provided with the FIRST
payroll submitted for each project.
Example:
Contractor Code MDT Code "Common laborer Laborer, Group 2
Labor Compliance Site of Work:
(This may determine whether Federal Davis -Bacon wages apply to particular
classifications of workers.)
The site of work is limited to the physical place or places where the construction called for in the
contract will remain when work on it has been completed, or other adjacent property used by the
contractor or subcontractor which can be reasonably said to be included in the site, such as
gravel pits or batch plants.
If there is a question as to whether a project is affected by Site of Work regulations, please
contact Bill Anderson at the Civil Rights Bureau at (406) 444 -6331 or by email at
bianderson@mt.gov
Part 5: Disadvantaged Business Enterprises (DBE)
MDT is currently undergoing a disparity study to establish an overall DBE program goal. Based
on the study outcome, MDT will continue to monitor DBE utilization and may institute project
specific goals to ensure achievement of the overall program goal.
ARRA: Subcontractor Payments
In accordance with new ARRA reporting requirements, all payments made to subcontractors
need to be submitted within 3 days of the payment to the Civil Rights Bureau DBE Program
Manager. Forms are available online to complete and submit at
http://www.mdt.mt.gov.publications/docs/forms constructing contracting /contra=ayments.pdf
Part 6: EEO Post -Award Contract Compliance
EEO: Prior to Work
Does the prime contractor with contracts of $10,000 or more and all subcontractors have a
current annual EEO submission prior to performance of any work?
7
FTA Revised 9/3/09
The EEO Submission is available on the MDT Internet site at
ftp:// ftp. mdt.mt.00v /contract/anneeo.pdf
Annual EEO Submissions must be received in Helena and approved prior to the prime or
subcontractor beginning work on the project site and annually thereafter as long as that
prime or subcontractor works on the project. Fax to 444 -7685.
The Prime Contractor's EEO Officer is This person is expected to:
attend compliance reviews;
demonstrate what affirmative actions the prime and each subcontractor have taken;
provide documentation of all recruitment efforts (including subcontractors).
Minority and /or female referral sources can be obtained from MDT Civil Rights
Bureau. The U. S. Department of Labor has held that it shall be no excuse if the
union with which the contractor has a bargaining agreement fails to refer a minority
or female.
MDT provides a listing for minority and /or female referral sources at:
http: /www,indt.mt.gov_ publications /docs/brochures /dbe eeo /referral list.pdf
Obtain the current annual EEO submissions from the prime contractor and any
subcontractors that will be working on the job prior to any work starting.
Schedule the preconstruction conference. Invite the prime contractor, subcontractors, and
the CTEP Liaison. (If any questions, contact Bill Anderson at 444 6331).
EEO: After Work Has Begun:
Is the project site bulletin board in place with all the correct postings from the prime
contractor and each subcontractor? Bulletin Boards must be located in an area accessible
to all employees.
Three ring notebooks can only be used if the work is mobile such as fencing, striping, or
traffic control. Subcontractors may use the Prime's bulletin board as long as the Prime's
own information is posted on it.
Contents of Bulletin Board:
Posters: Packet is available from Civil Rights Bureau at (406) 444 -6331.
Contract Info: FHWA 1273 (Required Contract Provisions); Davis -Bacon Wage Rates
for this project; and DBE Hotline poster.
Field Interviews are not mandatory. However, interviews may be conducted with LC -1's
during working hours by the Civil Rights Bureau staff, the CTEP Liaison, or the Local Entity.
On -site EEO Meetings will be conducted: weekly, every other week, or monthly.
Minutes and attendance roster must be provided to the MDT Inspector. The MDT Inspector
shall be notified when the EEO on -site meeting will be held.
Is the contractor employing a core crew or did new employees get hired for this project? If
yes, what good faith efforts were made to recruit qualified minority and female employees?
8
FTA Revised 9/3/09
Did the prime pay all subcontractors within 7 days after receiving a periodic or final
payment? [28 -2- 2103(2) MCA: No payment is required unless the subcontractor submits a
billing statement or invoice.]
9
FTA Revised 9/3/09
Available from Montana Department of Transportation
Civil Rights Bureau or Website
ADA/DBE /EEO /Labor/Title VI information available from
http://www.mdt.mt-gov/business/contractina.shtml ADA/DBE /EEO /Labor/Title VI, or
Civil Rights Bureau (406) 444 -6331, TTY: (800) 335 -7592
ARRA Monthly Report form (1589)
o Available from Transit Bureau at (406) 444 -4210
n hitr)://www.mdLmt. ublications /forms.shtml #rw
ARRA FTA Website
o http://www.fta.dot.gov/index 9440.html
Civil Rights Bureau (CRB) Manual (labor and EEO)
DBE Newsletter
o htt /www.mdt.mt. ov/ ublications newsletters /dbenewsletter.shtmI
CTEP Civil Rights Agenda
o http://www.mdt.mt.ggy/bLisiness/contracfing/civil/titlevi.shtml
DBE Commercially Useful Function Project Site Review
o htt /mdtinfo.mdt.state.mt.us /civilri hts /docs /dbe cuf. df
CTEP Investigations Handbook
EEO -Labor Compliance Spot Check
o http://www.mdt.mt.gov/other/civilrights/external/Ic s otcheck. df
Equal Employment Opportunity (EEO) Submission Sample Format
o ft /ft .mdt.mt. ov /contract /anneeo. df
Federal Wage Decisions
o http://www.access.g o. ov /davisbacon /davbacsearch.html
Job Site/ Bulletin Board Postings
Job Site Bulletin Board Inspection Checklist
Required Contract Provisions Federal Aid Construction Contracts (PR 1273)
Seven -day Payment to Subcontractors Handout
Site of Work Explanation
Title VI Complaint Procedures/ Forms
o htt /www.mdt.mt. ov/ ublications /docs /forms /dbe /vicom laint. df
Title VI Contract Language
o http://www.mdt.mt.ciov/ipublications/docs/forms/dbe/title vi party.pdf
Title VI Public Hearing Form
o http://www.mdt,mt.ciov/publications/forms.shtml#titlevi
Title VI Rights Pamphlet
Payroll Form WH -347 (Davis -Bacon Certified Payroll) Instructions
htt /www.mdt.mt. ov/ ublications /docs /forms /contractin /wh347. df
htt /www.mdt,mt. ov/ ublications /docs /forms /contractin /wh347instr. df
10
NOTICE OF AWARD
PROJECT: ARCHITECT:
City of Bozeman Shops/ HRDC Bus Barn Dowling Sandholm Architects
1812 North Rouse Ave. 2042 Stadium Drive, Suite 2
Bozeman, MT 59715 Bozeman, MT 59715
OWNER: CONTRACTOR:
City of Bozeman BN Builders, Inc.
P.O. Box 1230 2066 Stadium Drive, Ste. 102
Bozeman, MT 59771 Bozeman, MT 59715
DATE: October 6th, 2009 ARCHITECT'S PROJECT NO: 08 -265
You are notified that your Bid dated August 11 th 2009 for the above Project has been considered. You are the
Successful Bidder and are awarded a Contract for the work included in the base bid and all alternates as
indicated in the construction documents.
The Contract Price is One Million, Nine Hundred Seven Thousand, Six Hundred dollars and zero cents
($1,907,600.00).
Please deliver to the Architect, with copies to the Owner, an executed Agreement and required Bonds and Proof
of Insurance within thirty (30) days of receipt of this Notice of Award. Failure to comply with these conditions will
entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.
Additional sets of Contract Documents will be made available upon request to the Architect.
17 '7
City of Bozeman 1) 1 V
OWNER BY DAT
I'
THE AMERICAN INSTITUTE OF ARCHITECTS
I
Bond No. 6672528
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
BNBuilders, Inc. Safeco Insurance Company of America
2601 4th Ave„ #350 1001 Fourth Ave, Safeco Plaza
Seattle, WA 98121 Seattle, WA 98154
OWNER (Name and Address):
City of Bozeman
1812 North Rouse Ave
Bozeman, MT 59715
CONSTRUCTION CONTRACT
Date: October 6, 2009
Amount: $1,907,600.00 One Million Nine Hundred Seven Thousand Six Hundred Dollars and 00/100
Description (Name and Location): City of Bozeman Shops /HRDC Bus Barn
BOND
Rate (Not earlier than Construction Contract Date): October 9, 2009
Arnount: $1,907,600.00 One Million Nine Hundred Seven Thousand Six Hundred Dollars and 00/100
Modifications to this Bond: None See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
BNBuilders, Inc. Safeco Insurance Company of America
Signature: Signature: p
Name and Title: IV Name and Title: Pamela A. Nelson
Attorney -in -Fact SEAL
(Any additional signatures appear on page 3) 19g3
(FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, E er
AGENT or BROKER: patty)
Willis of Seattle, Inc.
505 Fifth Avenue South, Suite 200
Seattle, WA 98104
206- 386 -7400
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA QD
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W„ WASHINGTON, D.C. 20006 A312 -1984 1
THIRD PRINTING MARCH 1987
y
I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter
successors and assigns to the Owner for the performance mined, tender payment therefor to the
of the Construction Contract, which is incorporated herein Owner; or
by reference. .2 Deny liability in whole or in part and notify the
2 if the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation 5 if the Surety does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surer shatl be deemed
provided in Subparagraph 3.1. p P Y
to be in default on this Bond fifteen days after receipt of an
3 if there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety
under this Bond shalt arise after: demanding that the Surety perform its obligations under
3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any
Surety at its address described in Paragraph 1d below remedy available to the th +nee. If the Surety proceeds as
that the its nee is considering declaring a Contractor provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surely has denied liability, in
Default and has requested and attempted to arrange a
whole or in part, without further notice the
Conference with the Contractor and the Surety to be Owner shalt be
held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner.
notice to discuss methods of performing the Construct 6 After the Owner has terminated the Contractor's right
tion Contract. if the Owner, the Contractor and the to complete the Construction Contract, and if the Surety
Surety agree, the Contractor shall be allowed a reason• elects to act under Subparagraph 4.1, A 2, or 4,3 above,
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreement shalt not waive the Owner's right, if not be greater than those of the Contractor under the
any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
Contractor Default and declared a Cont
3.2 The Owner has decl
Owner to the Surety shall not be greater than those of the
formally terminated the l Owner under the Construction Contract. To the limit of the
Contractor's right to complete
the contract. Such Contractor Default shall not be de- amount of this Band, but subject to commitment by the
Glared earlier than twenty days after the Contractor and Owner of the Balance of the Contract Price to mitigation of
the Surely have received notice as provided in Sub- costs and damages on the Construction Contract, the Sure
paragraph 3.i; and ty is obligated without duplication for:
3,3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the. Contractor for correc-
Contract Price to the Surety in accordance with the tion of defective work and completion of the Construc-
terms of the Construction Contract or to a contractor flan Contract;
selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re-
4 When the Owner has satisfied the conditions of Para- sulting from the actions or faifure to act of the Surety
graph 3,. the Surety shall promptly and at the Surety's ex- under Paragraph 4; and
pense take one of the following actions: 6,3 Liquidated damages, or if no liquidated damages
4.i Arrange for the Contractor, with consent of the are specified in the Construction Contract, actual dam
ages caused by delayed performance or non- perfor-
Owner, to perform and complete the Construction manse of the Contractor.
Contract; or
4.2 Undertake to perform and complete the Construe- 7 The Surety shalt not be liable to the Owner or others for
flan Contract itself. through its agents or through rode- obligations of the Contractor that are unrelated to the Con
8 g 8 struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change, includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga-
with performance and payment bonds executed by a tions.
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Band, whichever oc-
curs first. If the provisions of this Paragraph are void or
.1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. a AiA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312 -1984 2
THIRD PRINTING. MARCH 1987
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
10 Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled, re-
be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on
nature page. behalf of the Contractor under the Construction Con-
tract.
11 When this Bond has been furnished to comply with a 12,2 Construction Contract: The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-
the construction was to be performed, any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, toper-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has
12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con
payable la the Owner t the Contractor under the tractor as required by the Construction Contract or to
Construction Contract after all proper adjustments perform and complete or comply with the other terms
have been made, including allowance to the Con- thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED- AIA QD
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3
THIRD PRINTING MARCH 1987
Bond 6672528
PAYMENT BOND
Conforms with The American Institute of Architects
AIA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY:
BNBuilders, Inc. Safeco Insurance Company of America
2601 4th Ave., #350 Safeco Plaza, Seattle, WA 98185
Seattle, WA 98121
OWNER (Name and Address):
City of Bozeman
1812 North Rouse Ave
Bozeman, MT 59715
CONSTRUCTION CONTRACT
Date: October 6, 2009
Amount: $1,907,600.00 One Million Nine Hundred Seven Thousand Six Hundred Dollars and 00/100
Description (Name and Location): City of Bozeman Shops /HRDC Bus Barn
BOND
Late (Not earlier than Construction Contract Date): October 9, 2009
A=unt: $1,907,600.00 One Million Nine Hundred Seven Thousand Six Hundred Dollars and 00 /100
iNlodifications to this Bond: None X❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY c�Afelt�r��.
Company: Safeco Insurance Company of America SEAL
BNBuilders, Inc.
r 1
Signature: Signature: 953
Name and Title: Name and Title: Pamela A, Nelson
Attorney -in -Fact
(FOR INFORMATION ONLY -Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other
AGENT or BROKER: party):
Willis of Seattle, Inc.
505 Fifth Avenue South, Suite 200
Seattle, WA 98104
206 386 -7400
1 The Contractor and the Surety, jointly and severally, bind from claims, demands, liens or suits by any person or entity
themselves, their heirs, executors, administrators, successors and whose claim, demand, lien or suit is for the payment for labor,
assigns to the Owner to pay for labor, materials and equipment materials or equipment furnished for use in the performance of
furnished for use in the performance of the Construction Contract, the Construction Contract, provided the Owner has promptly
which is incorporated herein by reference. notified the Contractor and the Surety (at the address
2 With respect to the Owner, this obligation shall be null and described in Paragraph 12) of any claims, demands, liens or
void if the Contractor: suits and tendered defense of such claims, demands, liens or
2.1 Promptly makes payment, directly or indirectly, for all suits to the Contractor and the Surety, and provided there is no
sums due Claimants, and Owner Default.
2.2 Defends, indemnifies and holds harmless the Owner 3 With respect to Claimants, this obligation shall be null
Page 1 of 3
S- 2149GE 012008
XDP
and Void if the Contractor promptly makes payment, directly or Construction Contract. The Owner shall not be liable for payment of
indirectly, fog- all sums due. any costs or expenses of any Claimant under this Bond, and shall
4 -The Surety shall have no obligation to Claimants under this have under this bond no obligations to make payments to, give
Bond until: notices on behalf of, or otherwise have obligations to Claimants
4.1 Claimants who are employed by or have a direct contract under this Bond.
with the Contractor have given notice to the Surety (at the 10 The Surety hereby waives notice of any change, including
address described in Paragraph 12) and sent a copy, or notice changes of time, to the Construction Contract or to related
thereof, to the Owner, stating that a claim is being made under subcontracts, purchase orders and other obligations.
this Bond and, with substantial accuracy, the amount of the 11 No suit or action shall be commenced by a Claimant under this
claim. Bond other than in a court of competent jurisdiction in the location
4.2 Claimants who do not have a direct contract with the in which the work or part of the work is located or after the
Contractor: expiration of one year from the date (1) on which the Claimant gave
.1 Have furnished written notice to the Contractor and sent the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on
a copy, or notice thereof, to the Owner, within 90 days which the last labor or service was performed by anyone or the last
after having last performed labor or last furnished materials or equipment were furnished by anyone under the
materials or equipment included in the claim stating, Construction contract, whichever of (1) or (2) first occurs. If the
with substantial accuracy, the amount of the claim and provisions of this Paragraph are void or prohibited by law, the
the name of the party to whom the materials were minimum period of limitation available to sureties as a defense in
furnished or supplied or for whom the labor was done or the jurisdiction of the suit shall be applicable,
performed; and 12 Notice to the Surety, the Owner or the Contractor shall be
.2 Have either received a rejection in whole or in part from mailed or delivered to the address shown on the signature page.
the Contractor, or not received within 30 days of Actual receipt of notice by Surety, the Owner or the Contractor,
furnishing the above notice any communication from the however accomplished, shall be sufficient compliance as of the date
Contractor by which the Contractor has indicated the received at the address shown on the signature page.
claim will be paid directly or indirectly; and 13 When this bond has been furnished to comply with a statutory
.3 Not having been paid within the above 30 days, have or other legal requirement in the location where the construction
sent a written notice to the Surety (at the address was to be performed, any provision in this Bond conflicting with
described in Paragraph 12) and sent a copy, or notice said statutory or legal requirement shall be deemed deleted
thereof, to the Owner, stating that a claim is being made herefrom and provisions conforming to such statutory or other legal
under this Bond and enclosing a copy of the previous requirement shall be deemed incorporated herein. The intent is that
written notice furnished to the Contractor. this Bond shall be construed as a statutory bond and not as a
5 If a notice required by Paragraph 4 is given by the Owner to common law bond.
the Contractor or to the Surety, that is sufficient compliance. 14 Upon request by any person or entity appearing to be a
6 When the Claimant has satisfied the conditions of Paragraph 4, potential beneficiary of this Bond, the Contractor shall promptly
the Surety shall promptly and at the Surety's expense take the furnish a copy of this Bond or shall permit a copy to be made.
following actions: 15 DEFINITIONS
6.1 Send an answer to the Claimant, with a copy to the 15.1 Claimant: An individual or entity having a direct
Owner, within 45 days after receipt of the claim, stating the contract with the Contractor or with a subcontractor of the
amounts that are undisputed and the basis for challenging any Contractor to furnish labor, materials or equipment for use in
amounts that are disputed. the performance of the Contract. The intent of this Bond shall
6.2 Pay or arrange for payment of any undisputed amounts. be to include without limitation in the terms "labor, materials
or equipment" that part of water, gas, power, light, heat, oil,
7 The Surety's total obligation shall not exceed the amount of gasoline, telephone service or rental equipment used in the
this Bond, and the amount of this Bond shall be credited for any Construction Contract, architectural and engineering services
payments made in good faith by the Surety. required for performance of the work of the Contractor and the
Contractor's subcontractors, and all other items for which a
8 Amounts owed by the Owner to the Contractor under the mechanic's lien may be asserted in the jurisdiction where the
Construction Contract shall be used for the performance of the labor, materials or equipment were furnished.
Construction Contract and to satisfy claims, if any, under any 15.2 Construction Contract: The agreement between the
Construction Performance Bond. By the Contractor furnishing and Owner and the Contractor identified on the signature page,
the Owner accepting this Bond, they agree that all funds earned by including all Contract Documents and changes thereto.
the Contractor in the performance of the Construction contract are 15.3 Owner Default: Failure of the Owner, which has neither
dedicated to satisfy obligations of the Contractor and the Surety been remedied nor waived, to pay the Contractor as required
under this Bond, subject to the Owner's priority to use the funds for by the Construction Contract or to perform and complete or
the completion of the work.
comply with the other terms thereof.
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the contractor that are unrelated to the
S- 2149GE 012008 Page 2 of 3
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Sub paragraph 4.3 is added as follows:
4.3 Claimant has furnished to Surety proof of claim duly sworn to by Claimant, along with adequate supporting documentation which
proves the amount claimed is due and payable.
Paragraph 5 is amended as follows:
5 If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance.
Paragraph 6 is deleted in its entirety and the following is substituted in its place:
6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of
claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed
and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to
support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for
payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this
paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by
the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim.
Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy
available to it under this Bond.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Sea]) Company:
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
S- 2149GE 012008 Page 3 of 3
POWER
OF ATTORNEY
No.
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
Pamela A. Nelson Seattle, WA
its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf the following surety bond:
Surety Bond Number: 6672528
Principal: BNBuilders, Inc.
Obligee: City of Bozeman
Amount of Bond: See Bond Form
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA has executed and attested these presents
this 9th day of October 2009
ptx*
Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice P
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and
GENERAL INSURANCE COMPANY OF AMERICA:
"Article 8, Section 8.1 1. FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to
appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the corporation fidelity
and surety bonds and other documents of similar character issued by the corporation in the course of its business On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such
authority or an any bond or undertaking of the corporation, the seal, or a facsimile thereof, may be impressed or affixed or in any
other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or
undertaking."
I, Dexter R. Legg, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA, do hereby certify that the foregoing extracts of the By -Laws of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 9th day of October 2009
�CF COAjcq SEE COMP
CORPORKrE W. ptx* R,
SEAL w SEAL 'A kj
X
wASt�s �fe 1 s2 Dexter R. Legg, Secretary
S- 4910/DA3 5/09 of Wd5
XFT
r
A CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 0 DATE 9/ 0
PRODUCER 877 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 37230 -5191 INSURERS AFFORDING COVERAGE NAIC#
INSURED BNBuilders, Inc. INSURERA:wausau underwriters Insurance Company 260 001
2601 Fourth Ave #350 INSURERB:National Union Fire Ins. Co. of Pittehur 19445 -002
Seattle, WA 98121
INSURER C:
INSURER D:
NSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' POLICY EFFECTIVE POLICY EXPIRATION
TR N TYPE OF INSURANCE POLICY NUMBER T M 12DfYYYYJ DATE MM DD YYYY LIMITS
A GENERAL LIABILITY TBJZ91442966029 19/7/2009 9/7/2010 EACH OCCURRENCE 11000
DAMAGE TO RENTED
X
COMMERCIAL GENERAL LIABILITY PREMISES Eaoccurence 300 000
CLAIMS MADE 7XI OCCUR MED EXP(Any one person) 5 000
X WA stop Gap PERSON A &ADV INJURY 11000
GENERAL AGGREGATE 2
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP /OP AGG 2 000 000
POLICY PRO T LOC
A A_U_TOMOBILELIABILITY ASJZ91442966019 9/7/2009 9/7/2010 COMBINED SINGLE LIMIT 1,000,000
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULEDAUTOS (Perperson)
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY EAACCIDENT
ANYAUTO OTHERTHAN EAACC
AUTO ONLY! AGG
B EXCESS I UMBRELLA LIABILITY 20000397 9/7/2009 9/7/2010 EACH OCCURRENCE 5 000 000
OCCUR CLAIMS MADE AGGREGATE 5., 000 000
DEDUCTIBLE
RETENTION 10, 000
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LIABILITY YIN TORY LIMITS E R
ANY PROPRIETORIPARTNER /EXECUTIVE E.L. EACII ACCIDENT -F
OFFICERIMEMBER EXCLUDED' u
(Mandatory in NH) E.L. DISEASE EA EMPLOYEE
If yes, deeg under
CIAL PROVISI NS below E.L. DISEASE POLIGY LIMIT
OTHER
DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
It is agreed that Owner and Engineer and Engineer's consultants are included as Additional Insureds
as respects to General Liability, Auto Liability and Umbrella Liability.
It is further agreed that such insurance as is afforded shall be Primary and Non- contributory with
any other insurance in force for Or which may be purchased by the Additional Insureds.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City Of Bozeman REPRESENTATIVES.
P.O. Box 1230 AUTHORIZAD REPRESEN TAT E
Bozeman, MT 59771 J j i
ACORD 25 (2009101) Coll:2816409 Tpl:975685 Cert:13107636 1988- 2009ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
W1111S CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 1 09124DATE
/2009
PRODUCER 877_945_7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 37230 -5191 INSURERS AFFORDING COVERAGE NAIC#
INSURED BNBuilders, Inc. INSURERA:Wausau Underwriters Insurance Com an 26042 -001
_y...__
2601 Fourth Ave #350 INSURERB!National Union Fire Ins. Co. of Pittsbur 19445 -002
Seattle, WA 98121
INSURER C:
INSURER D:
INSURER E
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Waiver of Subrogation applies in favor of Owner and Engineer and Engineer's consultants with
respects to General Liability.
Coll:2816409 Tpl:975685 Cert:13107636
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD25(2009/01) Co11:2816409 Tp1 :975685 Cert :13107636
Policy Number: TBJZ91442966029
Issued by Wausau Underwriters Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Additional Insured endorsement Primary And Noncontributory
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
This insurance is primary insurance with respect to the interests of the additional insured shown in the
Schedule; and any other insurance maintained by the additional insured is excess and not contributory
with this insurance.
The coverage afforded by this endorsement does not apply to "bodily injury" or "property damage"
included in the "prod uctslcompleted operations hazard," unless such coverage is required by an "insured
contract" between you and the additional insured shown in the Schedule.
Schedule
Name of Person or Organization
AS REQUIRED BY SIGNED AND WRITTEN CONTRACT
LS2043 Page 1 of 1
01 -06
POLICY NUMBER. ASJZ91442966019 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured
Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage
Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Endorsement Effective: 9/7/2009 Countersigned By:
Named Insured:
BNBuilders, Inc. Authorized Representative
SCHEDULE
Name of Person(s) or Organization(s)
Owner and Engineer and Engineer's consultants
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to the endorsement.
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the
extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision
contained in Section II of the Coverage Form.
CA 20 48 02 99
O Insurance Services Office, Inc., 1998
Policy Number: TBJZ91442966029
Issued by: Wausau Underwriters Insurance Company
'THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Wausau EXPRESS Liability Endorsement
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. Broad Form Additional Insured
Lessor of Leased Equipment
Owners, Managers or Lessors of Premises or Land
Mortgagees, Assignees or Receivers
Any Person or Organization Other Than a Joint Venture
2. Waiver of Right of Recovery by Written Contact or Agreement
3. Duties in the ,Event of Occurrence, Offense, Claim or Suit
4. Unintentional Errors or Omissions
S. Supplementary Payments
6. Two or More Coverage Parts or Policies Issued by Us
7. Expected or Intended Injury from Reasonable Force
S. Non -Owned Watercraft
9. Damage to Premises Rented to You
10. Bodily injury Redefined
11. Insured Contract Redefined
1.2. Personal and Advertising Injury Redefined
1. Broad Form Additional insured
Paragraph 2. of SECTION 11 WHO IS AN add the following.:
e. Additional Insured by Written Contract or Written Agreement
The following are insureds under the policy you have agreed in a written contract or written
agreement to provide them coverage as additional insureds under your policy:
(1) Lessors of Leased Equipment: the person(s) or organization(s) but only with respect to liability
for "bodily in "property damage" or "personal and advertising injury" caused, in whole or in
part, by your maintenance operation or use of equipment leased to you by such person(s) or
organization(s).
With respect to the insurance afforded to these additional insureds, this insurance does not apply
to any "occurrence" which takes place after the equipment lease expires.
(2) Owners, managers, or lessors of premises or land: any owner, manager or .lessor of premises
or land, but only with respect to liability caused, in whole or in part, by the ownership,
maintenance or use of that part of the premises or land leased to you,
This insurance does not apply to
(a) Any "occurrence" which takes place after you cease to he a tenant in that premises or
to lease that land; or
(b) Structural alterations, new construction or demolition operations performed by or on
behalf of the owner, manager or lessor of that premises or land.
GLO566
10-05
Page 1 of'7
(3) Mortgagees, assignees or receivers: any person(s) or organization(s) with respect to their
liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance or use
of your premises.
This insurance does not apply to structural alterations, new construction and demolition operations
Performed by or for that person or organization,
(4) Any person or organization other than a joint venture, for which you have agreed by written
contract to procure "bodily injury" or "property damage" liability insurance, but only for liability
caused. in whole or in part, by operations performed by you or on your behalf, provided that:
(a) This subparagraph (4) does not apply to any agreement to provide insurance to:
(i) An "employee," association of "employees" or labor union, except with
respect to work performed by or
for you or for such "employee," association of "employees" or labor union
under direct contact between
you as contractor and such "employee," association of "employees" or labor
union as owners;
(ii) Any railroad company except with respect to work performed by or for you
for such railroad company
under direct contract or agreement between you and such railroad company;
(iii) Any person or organization whose profession, business or occupation is that
of an architect, surveyor or
engineer with respect to liability arising out of the preparation or approval of
maps, drawings, opinions,
reports, surveys, change orders, designs, specification or the performance of any
other professional
services by such person or organization;
(iv) Any of your subcontractors, or any partner, officer, agent or "employee" of
such subcontractor; or
(v) Anyone more specifically covered in subparagraphs e.(1) through (3) above.
(b) The insurance afforded to any person or organization d under this subparagraph (4):
(i) Shall Include only the insurance that is required to be provided by the terns
of such agreement to procure
insurance, and then only to the extent that such insurance is included within the
terms of this policy, and
a person or organization's status as an insured under this endorsement ends
when your operations for that
insured are completed; and
(ii) Does not apply to "bodily injury" or "property damage" included within the
"products /completed
operations hazard" unless such coverage is required by an "insured contract"
between you and the
additional insured.
The limits of insurance applicable to such insurance shall be the lesser of the limits required by the
agreement between the parties or the limits provided by this policy.
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The insurance afforded to any person or organization as an insured under this subparagraph 2,e.
does not apply to "bodily injury" or "property damage" which occurs prior to the date of your
contract or written agreement with such
person or organization.
2. Waiver of Right of Recovery by Written Contract or Agreement.
Paragraph S. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by
the addition of the following:
We waive anv right of recovery because of payments we make for injury or damage arising out of yow
ongoing operations or 'your work" included in the "products completed operations hazard" that we may
have against any person or organization with whom you have agreed, in a written contract Or agreement
made prior to the date of the "occurrence," to waive your rights of recovery from such person or
organization, but only for payments 'made under the policy and resulting from that contract.
3. Duties in the Event. of Occurrence, Offense, Claim or Suit
Paragraph 2. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and
replaced with the following:
2, Duties in the Event of Occurrence, Offense, Claim or Suit
a. You, your insurance manager or any other person you designate must see to it that we,
or our authorized agents, are notified as soon as reasonably possible of an "occurrence"
or offense which may result in a claim, Notice should include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the
"occurrence" or offense.
Knowledge of an "occurrence" or offense by your agent, servant or `employee'
is not considered knowledge by you unless your insurance manager or other
designated person has received notice from your agent servant or "employee."
b. If a claim is made or "suit" is brought against any insured, you must:
(1) Immediately record the specifics of the claim or "suit" and the date received;
and
(2) Notify us as soon as reasonably possible,
If you report any "occurrence offense, claim or suit to your workers
compensation or automobile liability insurance carrier and the "occurrence
offense, claim or "suit" later develops into a claim under this policy, failure to
report such "occurrence offense, claim or "suit" shall not be considered a
violation of this condition. However, as soon as you become aware that the
particular "occurrence offense, claim or "suit" is a commercial general liability
claim or "suit you must give prompt notification to us.
c. You and any other involved insured must;
(I Immediately send us copies., or legal papers received in connection with
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the claim or "suit
(2) Authorize us to obtain records and other information;
(3) Cooperate with us in the investigation, settlement or defense of the claim or
"suit and
(4) Assist us, upon our request, in the enforcement of any right against any
person or organization which may be liable to the insured because of injury or
damage to which this insurance Iay also apply,
d. No Insureds will, except at their own cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for first aid, without our consent.
4, unintentional Errors and Omissions:
Any unintentional error or omission in the description of, or failure to completely describe, any premises or
operations intended to be covered by this Commercial General Liability Coverage Part will not invalidate
or affect coverage for those premises or operations. However, you must report any such error or omission
to us as soon as reasonably possible after its:
discovery.
S. Supplementary Payments
Paragraphs I .b. and 1 A. of SECTION I SUPPLEMENTARY PAYMENTS COVERAGES A AND B
are deleted and replaced with the following:
b. Up to $3000 for the cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do
not have, to furnish these bonds
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or `suit" including actual loss of earnings up to $500 a day because of time
off from work.
6. Two or More Coverage Parts or Policies Issued by Us
If any claim or "suit" arising out of an "occurrence" or offense covered under this Coverage Part is
also subject to coverage under any other Coverage Part or policy issued by us or by any company
affiliated with us, the total maximum limit of liability under all Coverage Parts or policies shall
not exceed the highest applicable limit of liability under any one Coverage Part or policy. This
condition does not apply to any Coverage Part or policy that is specifically issued as excess
insurance over this Coverage Part,
7, Expected or Intended Injury from Reasonable Force
Paragraph 2.a. of SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABII.ITY is deleted and replaced with the following:
2. Exclusions
This insurance does not apply to;
a, Expected Or Intended Injury
Bodily injury" or "property damage" expected or intended from the standpoint. of the
insured. This exclusion
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does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect
persons or property.
8. Non -owned Watercraft
Paragraph 2.g.(2) of SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY
DAMAGE
LIABILITY is deleted and replaced with the following,
(2).A watercraft you do not own that is:
(a) less than or equal to 50 feet in length; 'or
(b) Not being, used to carry persons or property for a charge.
9. Damage to Premises Rented to You
A. The Damage To Premises Rented To You Limit shown on the Declarations is changed to the
greater of the amount shown or $300,000.
B. Paragraph 6, of SECTION III LIMITS OF `INSURANCE is deleted and replaced with the
following:
6.. Subject to 5 above, the Damage to Premises Rented to You is the most we will pay
under Coverage A for damages because of "property damage" to premises rented to you,
as a result of an "occurrence" caused by fire, lightning, explosion, smoke, leakage from
fire protective systems, or any combination thereof, while rented to you or temporarily
occupied by you with permission of the owner.
C. Paragraph 4.b.(I)(b.) of SECTION TV- COMMERCIAL GENERAL LIABILITY
CONDITIONS is deleted and replaced with the following:
(b) That is insurance for premises rented to you for damage to such premises resulting
from fire, lightning, explosion,
smoke, leakage from fire protective systems, or any combination thereof.
D. The last paragraph of SECTION 1, COVERAGE., .A (after the exclusions) is deleted and
replaced with the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke,
leakage from fire protective systems, or any combination thereof, to premises while
rented to you or temporarily occupied by you with permission of the owner. A separate
limit of insurance applies to this coverage as described in SECTION III LIMITS OF
INSURANCE
10. Bodily Injury Redefined
Paragraph 3. of SECTION V DEFINITIONS is deleted and replaced with the following:
3. "Bodily injury" means physical:
a. Injury';
b. Sickness; or
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c. Disease;
Sustained by a person, including death, humiliation, mental anguish or mental injury
which directly results from the :physical injury, sickness or disease,
11. Insured Contract Redefined
Paragraph 9.f. of SECTION V DEFINITIONS is deleted
f. That part of any other contract or agreement pertaining to your business (including an
indemnification of a
municipality in connection with work performed for a municipality) under which you assume the
tort liability of
another party to pay for "bodily injury" or "property damage" to a third person or organization,
provided the `bodily
injury" or "property damage" is caused in whole or in part, by you or by those acting on your
behalf. Tort liability means a liability that would be imposed by law in the absence of any contract
Or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies a railroad for "bodily Injury" or "property damage" arising out of
construction or demolition operations, within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing;
(2) That indemnities an architect, engineer or surveyor for injury or damage arising out
of:
(a) preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field
orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or falling to give them, if that is the
primary cause of the injury or damage;
or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an
injury or damage arising
out of the insured's rendering or failure to render professional services, including those
listed in (2) above and
supervisory, inspection, architectural or engineering activities
12. Personal and Advertising Injury Redefined
Paragraph 14. of SECTION V DEFINITIONS is amended to add the following:
h. Discrimination against a natural person on the basis of race, color, ethnic origin, gender or
religion, but only it such., discrimination is not:
(1) At the direction of or with the knowledge or consent of
(a) You;
(b) Your spouse, if you are an individual;
(C) Your members or your partners and their spouses, if you are a partnership or
joint venture; or (d) Your "executive officers" and directors and your
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a
stockholders, if you axe a corporation; or
(2) Directly or indirectly related to the employment, prospective employment, or
termination of any person.
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