HomeMy WebLinkAbout11- Bus Shelter at 7th and Tamarack Agreement with Ingram-ClevengerM--
SAIA
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CONTRACTOR:
(Name, legal status and address)
Ingram-Clevenger, Inc.
P,O. Box 5387
Helena, MT 59601
OWNER:
(Name, legal status and address)
City of Bozeman
121 North Rouse, P.O. Box 1230
Bozeman, MT 59771-1230
Bond No. CA2516051
SURETY:
(Name, legal status and principal
place of business)
Great American Insurance Company
580 Walnut Street
Cincinnati, OH 45202
COUNTERSIGNED:
HUB INTER NkFIONAL MOUNTAIN
STATES LIHTED
491E GLEV4���
CONSTRUCTION CONTRACT
Date:
Amount: $ Seventeen Thousand Fifty and No/] 00 Dollars ($17,050.00)
Description:
(Name and location)
Construction and Installation of Bus Shelter on Previously Poured Concrete Slab
Located at 912 N. 7th, Bozeman, MT
BOND
Date:
(Nat earlier than Construction Contract Date)
Amount: $ Seventeen Thousand Fifty and No1100 Dollars ($17,050.00)
Modifications to this Bond: X None = See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Ingrarri-Clevenger, Inc. Great American Insurance Company
Company: (Corporate Seal) Company: (Corporate Seal)
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
Any singular reference to
Contractor, Surety, Owner or other
party shall be considered plural
where applicable.
Signature: Signature:
Name and Ui 'I �"Q. ov Name and Ileth A. Windom
'Title: C 1 0 � 4 !" Title: Attorney-In-Fact
(Any additional signatures appear on the last page of this Peiformance Bond.)
(FOR INFORMA ONL Y — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.)
Hub International Mountain States
Limited
100 Park Drive South
Great Falls, MT 59401
(406) 453-1464
AIA Document A312 — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING. This Ai g Document is protected by
Init. U.S, Copyright Law said Internitionail Treaties. Unauthorized repiodUCtiOn or distribution of this AIA Document, or any portion of it, sway 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 09:14:12 on 0312412011 under Order No.7101322774_1 which expires on 10128/2011, and is not for resale.
User Notes: (1479239729)
§ 1 The Contractor and Surety, jointly and severally, bind thernselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment ofall sums due to Claimants, and defends, 'indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the
Contractor shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in
Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity
seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract
and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy
the amount claimed and the name of the party to whom the materials were, or equipment was,
furnished or supplied or for whom the labor was done or performed, within ninety (90) days after
having last performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section 13),
§ 6 If notice of non- payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non - payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond.
By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety
under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by
[nit. Ul & Copyright Law and international Treaties, Unauthorized reproduction or distribution of this Alk' 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 lava. This document was produced by AIA software
f at 09:14:12 on 03/2412011 under Order No.7101322774_1 which expires on 10/28/2011, and is not for resale.
User dotes: (1479239729)
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract, The Owner shall not be liable for the payment of any costs or expenses of
any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on
behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Clain to the Surety pursuant to Section 51.2
or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum;
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use
in the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
X the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The
term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable
mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond
shall be to include without limitation in the terms "labor, materials or equipment " that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,
and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or
equipment were furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init. AIA document A31'2TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WAi' MNG: This AW document is protected by
U.S. Copyright Law and Cnternationai Treaties, Unauthorized reproduction or distribution of this A19' Document, or Luny 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 09:14:12 on 03/24/2011 under Order No. 7101322774_1 which expires on 10/2 812411, and is not for resale.
User /Votes:
(1479239729)
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16,5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 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:
Name and Title:
Address:
Signature:
Name and Title:
Address:
Init. AIA Document A312 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This Ate Document is protected by
U.S. Copyright Laws and International Treaties, Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result In 4
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
t at 09:14 :12 on 03/2412011 under Order No,7101322774 1 which expires on 10/2812011, and is not for resale.
User Notes: (1479239729)
GREAT AMERICAN INSURANCE: COMPANY(g)
Administrative Office: 580 WALNUT STREET 0 CINCINNATI, OHIO 45202 0 513- 369 -5000 0 FAX 573- 723 -2740
The number ofpersons authorized by
this power of attorney is not more than THREE
POWER OF ATTORNEY No. 014098
OW ALL TMEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY a corporation xi
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons nam sting under
ed below, on
individually organized and existing
more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below,
JOHN D. LEAF Name Address Limit of Po
BETH A. WINDOM ALL OF ALL
JENNY JOHNSON GREAT FALLS, $75,000,000.00
MONTANA
This Power of Attorney revokes all previous powers issued in behalf of the attomey(syin -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seat hereunto affixed this l day of, MAY , 2009.
,Attest
Y`
STATE OF OHIO, COUNTY OF HAMILTON - ss:
GREAT AMERICAN INSURANCE COMPANY
i�aR "r'isirnuvl.5eaawr h, " M
CAVa) C. K7CHIN (513- 412_4so2)
On this 1 day of MAY 2009„ before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and
says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company
described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal;
it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority.
KAREN L. GRQSHEIM
NOTARY PUBLIC, STATE OF OHIO
� DIY COMMISSION EXPIRES 02.20 -11
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurancc Company by
unanimous written consent dated March 1, 1993.
1 , he a nd hereby is authorized, fr . That the Division President, the Division Senior Vice President,
any one of f them, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents,
bo uls,
or em, lae and time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all
undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their
authority, • and to revoke any such appointment at any time.
RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company
may be affixed by facsimile to anypower of attorney or certi)?cate of eith either given for the execution of any bond, undertaking, contract or suretysh p or other written
obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original
seal of the Company; to he valid and binding upon the Company with the same force and effect as though manually axed
CIERTMCATION
1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect..
Signed and sealed this day of,
�
,
51029Y (10/08)
ihs,asraa�t Sr�rra�tur.�.
Client##. 125403 271NGCLEV
A q ®3/23 dA'rE 1
r � 0 11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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).
PRODUCER Y NAME. BIIIy -.
B ®It
Hub Int`I. Mountain States Ltd PHONE - ..
406-542-5126 I AX
xs 4466 542 -5647
2703 Cannery Way MAIL L IA II, Nfl) ,..... -
ADDRESS bill ......
Missoula, MT 59548 - PR - GpuaER .._....._ ._.__ _...., _-
446 542 -5126
INSURERS) AFFORDING COVERAGE NAIC 4
INSURED INSURE A M ad- C ontinent Casualty Company 23418
City of Bozeman .- ..-
129 North Rouse
Bozeman, MT 59771
I H
INSURER c
! SURE D
INSURER E:
COVERArsFS r..PIZTl °ar`A rC N.II IU;Zlizo
THIS IS TO CERTIF THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T 0 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN R..... ADDLISLIBRI
T TYPE OF INSURANCE IN §R
GENERAL
D.. !: POLICY NUMBER
LIC:YEFF
MMIDDIYYTY
POLICY
NJIMdDOIYYYY I LIMITS
A LIABILITY R4144703231114599
43123!2411
0612312012
EACH OCCURRENCE
$1,0 0 44
COMMERCIAL GENERAL LIABILITY
DAMAGE AGE TOR N1 F::C+
........ m. .., ..,
CLAIMS f,�OCI.IR
PHFIw +ISF.S {Fay rt,cu
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$n9a , ...... .......__.
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'v"I_ r) EXP (Any orie person)
r $n9a
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P ERSONAL & ADV INJURY
anfa
X'. Protective Liab ility
GENER AGG REaA` tE
s2 4
. GFN'L AGGREGATE .LIMITAPPLIESPER.
I I'I2OilUC CO 1I I
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POLICY PRO- LpC
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AUTOMOBILE LIABILITY I
COMBINED INCI E LIMIT
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ALL OWNED AUTOS
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INJURY S
SCHEDULEDAUTCTS
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DESCRIPTION OF bPERATION5 b eiau,
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DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 1001, Additional Remarks Schedule, If more ,'pace is rertufred)
re: Streamline Bus Shelter. Contractor. Ingrain - Clevenger, Inc.
City of Bozeman
121 North Rouse
Bozeman, MT 59771
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE.
THE EXPIRATION DATE, THEREOF., NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2009109) 1 of 1
#S193546/M193545
Q 1988 -2109 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
This endorsement modifies the insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION 11 — WHO IS AN INSURED is amender
to include as an additional insured any person or
organization when you have agreed in w6ting in a
contract or agreement that such perrsor or
organization be added as an additlmnal insurer on
your policy. Such person or organization is an.
additional insured only with respect to liability for
"bodily injury," 'property damage" or "personal and
advertising injury' caused, In whale„ by.
1 Your acts or omissions; or
Z The acts or omissions of those wsting on your
behalf,
in the performance of:
a. your ongoing operations for fhe addibonal
insured or
b. 'Your work" for the additional insu, P-d and
included in the 'products — completed
operations hazard".
K With respect to the insuranoe afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does riot apply to:
1. "Bodily Injury,' "property damage" or "personal
and advertising injury' resulting from any ac or
omlsslon by, or willful, misconduct of tj
additional insured, whether the sole or a
contributing cause of the loss;. The coverage
afforded to the additional insured is limited
solely to the additional insureds "vicarious
liability" that is a specific and direct result of
your conduct,
"Vicarious liability" as used in this endorsement
means liability that is Imposed on the addftnN
insured solely by virtue of its relationship with
you, and not due to any act or omission of the
additional insured.
Z `Bodity injury," " properly dal,1@gel' or , pers
and adveTt!slng injury"' arising out of the
rendering of, or failufe to rerlaer any
professionat, ardhilecJurat, engineering or
v
, services including:
a. The preparing, approving, or failing to
prepare c' r approve reaps, shop drawings,. op4ilons, reports, surveys, field orders,
Change orders or drawings rand
sptc. or
b, Superviso ry, inspection, architectural or
engineering aetivities,
C. The litre is Of irISUrancp - applicable to the addifiona
irsured are ft-sp specified in the Dedafations, of
this poilcy or in the written contract or vaftten
agreement, whichever is lower
D, Any roverage provided hereunder shall be excess
over any other valid and colleo"ible insurance
available to the addlt�onal lnsured whether that
insurance is primary, excess, contingent or on any
other basis, un'Iess you and the additional ur',;Ured
have specifically agreed in a written contract or
written agreement that this insirance be primary,
When coverage is provided or a primary basis wc
will not seek contribution from any other insurance
available to the addltonal insured if a written
contract or written agreement requires that this
insvrnrice be noncontributory,
I-, Afl other terms and conditions of INN policy remain
unchanged,
S7482.3(1-08 Includes a3pyrighted tratprial of ISO Properties, Inc, WiUi its DeTrrrl5sion, pa"le 1 0" 1
CONTRACT
CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is dated as of the day of 6)1
in the year 2011 by and between CITY OF BOZE N hereinafte�
called OWNER and Ingram Inc. hereinafter
called CONTRACTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in
the Contract. The Project Work is generally described as
follows:
1.1 Construction and installation of bus shelter on previously
poured concrete slab located at 912 N. 7 as specified in
Exhibit A attached hereto.
Article 2. CONTRACT TIME.
2.1 The Work will be completed within 60 calendar days after the
date the written notice to proceed is issued. Final payment will
be withheld until final completion and acceptance of the work as
stipulated in this Agreement.
Article 3. CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR for performance of the Base Bid
Work in accordance with the Contract Documents the sum (subject
to adjustment as provided in the Contract Documents) of twelve
thousand nine hundred fifty and no/100 Dollars ($12,950.00).
Alternate 1 to provide and install bench and provide (do not
install) trash receptacle as shown on the drawings in accordance
with the Contract Documents the sum (subject to adjustment as
provided in the Contract Documents) of four thousand one hundred
and no/100 Dollars ($4,100.00).
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance
with the Montana Public Works Standard Specification, Fifth
Edition General Conditions. Applications for payment will be
0
CDN7RACP
processed as provided in the General Conditions.
4.1 Payment. Upon satisfactory final completion and acceptance
of the Work in accordance with the General Conditions, OWNER
shall pay the full contract price.
4.1.1 Measurement and Payment. Payment for the work
satisfactorily completed in accordance with this contract shall
be made on a lump-sum basis upon completion of the work.
No item that is required by Contract for the proper and
successful completion of the Work will be paid for outside of or
in addition to the prices submitted in the contract. All work
not specifically set forth as a pay item herein shall be
considered a subsidiary obligation of the CONTRACTOR and all
costs in connection therewith shall be included in the contract
price.
Article 5. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR
makes the following representations:
5.1 CONTRACTOR has familiarized himself with the nature and
extent of the Contract Documents, Work, locality, and with all
local conditions and federal, state and local laws, ordinances,
rules and regulations that in any manner may affect cost,
progress or performance of the Work.
5.2 CONTRACTOR has studied carefully all reports of
investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost progress or
performance of the Work.
5,3 CONTRACTOR has made or caused to be made examinations, and
investigations as he deems necessary for the performance of the
Work at the contract price, within the contract time and in
accordance with the other terms and conditions of the Contract
Documents, and no additional examinations, investigations, tests,
reports or similar data are or will be required by CONTRACTOR for
such purposes.
5.4 CONTRACTOR has correlated the results of all such observa-
tions, examinations, investigations, tests, reports and data with
the terms and conditions of the Contract Documents.
2
Article 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement
between OWNER and CONTRACTOR as attached to or referenced in this
Agreement, are made a part hereof and consist of the following:
6.1 This Agreement.
6.2 Construction Documents prepared by architecture118, attached
as Exhibit A.
6.3 Certificates of Insurance and Performance and Payment Bonds,
6.4 Notice to Proceed.
There are no Contract Documents other than those listed above in
this Article 6.
The Contract Documents may only be altered, amended or repealed
by a written modification (as defined in Section 01 2000 Part I
of Exhibit A).
Article 7. GENERAL REQUIREMENTS.
7.1 Contractor Use of Premises. The CONTRACTOR shall confine
his operations at site of the proposed work to within the right-
of-way or public access easements provided.
It shall be understood that the responsibility for protection and
safekeeping of equipment and materials on or near the site will
be entirely that of the CONTRACTOR and that no claim shall be
made against the OWNER by reason of any act of an employee or
trespasser. It shall be further understood that should any
occasion arise necessitating access by the OWNER to the sites
occupied by these stored materials and equipment, the CONTRACTOR
owning or responsible for the stored materials or equipment shall
immediately remove same. No materials or equipment may be placed
upon any private property until the property OWNER has agreed in
writing to the location contemplated by the CONTRACTOR to be used
for storage.
7.2 Protection of Existing Structures. The CONTRACTOR shall be
solely responsible for locating all existing underground
installations, including service connections, in advance of
excavating or trenching, by contacting the OWNERS thereof and
prospecting. The CONTRACTOR shall use his own information and
shall not rely solely upon information shown on the drawings
concerning existing underground installations. The CONTRACTOR
3
shall repair all damage to existing utilities or property at his
own expense. The CONTRACTOR shall, at a minimum, call the "One -
Call" utility locate system (Phone: 1-800-424-5555) at least 72
hours in advance of starting construction.
Where excavation will be required adjacent to existing struc-
tures, the CONTRACTOR shall be solely responsible to maintain the
structural integrity of the existing structures. The CONTRACTOR
shall take whatever means necessary to insure that the existing
structure is not damaged and if necessary shall install sheet
piling. The CONTRACTOR shall repair all damage to the existing
structures at his own expense. Any fences destroyed during
construction shall be repaired to the satisfaction of the
property owner. Any delay, additional work, or extra cost to the
CONTRACTOR caused by existing underground installations shall not
constitute a claim for extra work, additional payment or damages.
7.3 Protection of Existing Mailboxes, Curbs and Gutters and
Driveways, etc. The CONTRACTOR shall take whatever means
necessary to insure that the existing mailboxes, curbs and
gutters and driveways, and other public or private improvements
are not damaged during construction. If it is necessary to
remove or disturb mailboxes during construction, the CONTRACTOR
shall repair and restore the mailboxes at his own expense to the
satisfaction of the property owner. Any curb, gutter, or
driveways damaged during construction, not noted to be replaced
an the drawings, shall be replaced by the CONTRACTOR at his own
expense.
7.4 Surface Drainage. Water from such sources as surface
runoff, dewatering and flushing of water lines during project
construction shall not be allowed to enter into drainage ways or
open areas that will cause flooding of existing structures,
street intersections, or lawn areas.
7.5 Work Sequence. The CONTRACTOR shall schedule the work to
minimize inconvenience to the OWNER and to adjacent property
owners and to minimize interruptions to utility service. This
shall include minimizing obstruction to local traffic especially
on dead end streets. Work shall be scheduled so as to minimize
disruptions to local mail delivery. Close coordination will he
required between the CONTRACTOR, OWNER, and COUNTY. The utility
service companies such as power, gas, telephone, and video shall
be contacted at least 72 hours in advance of when locating of
services will be required.
4
Article 8. Warrantv and Guarantee.
8.1 CONTRACTOR warrants and guarantees to OWNER that all Work
will be in accordance with the Contract Documents and will not be
defective. Prompt notice of all defects shall be given to
CONTRACTOR. All defective Work, whether or not in place, may be
rejected, corrected or accepted as provided in Exhibit A.
Article 9. Traffic Control.
9.1 The CONTRACTOR shall conduct his work so as to interfere as
little as possible with public travel, whether vehicular or
pedestrian. Whenever it is necessary to cross, obstruct, or
close roads and walks, the CONTRACTOR shall obtain approval of
such actions from the County or Montana Department of
Transportation and shall provide and maintain suitable and safe
lighted detours or other temporary expedients for the
accommodation of public and private travel in accordance with the
current edition of the Manual on Uniform Control Devices for
Streets and Highways (MUTCD). The CONTRACTOR shall not occupy
the work site or initiate construction until all traffic control
provisions are in place and the OWNER has been so notified.
9.2 Safety Provisions. Safety provisions must be entirely
adequate and meet with City, County, State and Federal
regulations to protect the public on these streets and roads.
9.3 Barricades and Lights. Prior to the start of construction
across roads or walks, all construction permits shall be
obtained, utility companies notified, and traffic patterns,
signing, location of flagmen, barricades and other safety
measures arranged. Providing and maintaining safety barricades,
and other work site safety measures shall be the responsibility
of the CONTRACTOR and shall be included in the contract price.
The CONTRACTOR shall cooperate and coordinate his methods with
the OWNER'S traffic control plans prior to the disruption of the
normal flow of any traffic.
All open trenches and other excavations shall be provided with
suitable barriers, signs, and lights to the extent that adequate
protection is provided to the public. Obstructions, such as
material piles and equipment, shall be provided with similar
warning signs and lights.
All barricades and obstructions shall be illuminated by means of
warning lights from sunset to sunrise. Materials stored upon or
alongside public streets and highways shall be provided with
similar warning signs and lights.
5
All barricades, signs, lights and other protective devices shall
be installed and maintained in conformity with applicable
statutory requirements and, where within railroad and highway
right-of-way, as required by the authority having jurisdiction
thereover.
Work performed within property under the OWNER'S jurisdiction
shall have all barricades, signs, lights and protective devices
installed and maintained.
Article 10 STATE LAWS AND REGULATIONS.
10.1 All applicable laws, ordinances and the rules and regula-
tions of all authorities having jurisdiction over construction of
the project shall apply to the contract throughout.
10.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids
will be considered that do not carry the Bidder's Certificate of
Contractor's Registration number on the envelope containing the
Bid and on the Bid. Information pertaining to the Montana
Contractor Registration requirements may be obtained from the
Montana State Department of Revenue, Helena, Montana. (1 800 -556-
6694)
10.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS
GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50,
MCA, the Owner shall withhold, in addition to other amounts
withheld as provided by law or specified herein, I percent (I",1)
of all payments due the Contractor and shall transmit such moneys
to the Montana Department of Revenue,
10.1.3 The CONTRACTOR'S attention is called to the Industrial
Accident Insurance laws in force in Montana and to the
responsibility of the OWNER for the collection of premiums
thereunder. The CONTPACTOR'S compliance with said laws is
required and shall relieve the OWNER of any responsibility for
payment of premiums thereunder and shall furnish the OWNER with
satisfactory evidence showing that all premiums arising from this
contract have been paid before payment is made on the final
estimate.
10.1.4 LOCAL LABOR Contractor shall give preference to the
employment of Montana residents in accordance with applicable
portions of Title 18, Chapter 2, Part 4, MCA,
10.1.5 PREVAILING WAGE RATES See Exhibit A.
6
Article 11. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall
furnish a Performance Bond and a Payment Bond in favor of the
OWNER each in an amount equal to one-hundred Percent (1000) of
the Agreement amount.
Article 12. INSURANCE. Without limiting any of the other obligations
or liabilities of the CONTRACTOR, CONTRACTOR shall secure and maintain
such insurance from an insurance company (or companies) authorized to
write insurance in the State of Montana, with minimum "A.M. Best
Rating" of B+, VI, as will protect himself, his subcontractors, the
Owner and their respective agents and employees from claims for bodily
injury, death or property damage which may arise from operations and
completed operations under this Agreement. Such coverage shall be
written for claims arising out of all premises/ operations, sub-
contracted operations, products/completed operations, and all
liability assumed by the CONTRACTOR under any contract or agreement.
CONTRACTOR shall not commence work under this Agreement until such
certified copies of the insurance policy shall have been filed with
the OWNER. The City of Bozeman shall be named as additional insured on
any insurance certificates.
All insurance coverages shall remain in effect throughout the life of
the Agreement.
Each insurance policy shall contain a clause providing that it will
not be cancelled by the insurance company without 45 days written
notice to the OWNER and Contractor of intention to cancel. The minimum
amounts of such insurance coverages being as state in Section 005 of
the Construction Documents, Exhibit A.
Article 13. MISCELLANEOUS.
13.1 Terms used in this Agreement which are defined in the
General Conditions shall have the meanings indicated in the
General Conditions of the Montana Public Works Standard
Specifications, Fifth Edition.
13.2 This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the OWNER and the
CONTRACTOR respectively and his partners, successors, assigns,
and legal representatives. Neither the OWNER nor the CONTRACTOR
shall have the right to assign, transfer or sublet his interest
or obligations hereunder without written consent of the other
party. The Owner reserves the right to withdraw at any time from
any subcontractor whose work has proven unsatisfactory the right
to be engaged in or employed upon any part of the Work.
7
13.3 In the event it becomes necessary for either party to this
Agreement to retain an attorney to enforce any of the terms or
conditions of this Agreement or to give any notice required
herein, then the prevailing party or the party given notice shall
be entitled to reasonable attorney's fees and costs, including
fees, salary, and costs of in-house counsel.
13.4 Any amendment of modifications of this Agreement or any
provisions herein shall he made in writing and executed in the
same manner as this original document and shall after execution
become a part of the Agreement.
13.5 The CONTRACTOR hereby agrees to indemnify, defend, and hold
the OWNER harmless from all claims and liability due to the
activities of CONTRACTOR, their agents, employees, or both, in
performing the work required.
The CONTRACTOR is and shall perform this agreement as an
independent contractor, and as such, is responsible to the OWNER
only as to the results to be obtained in the work herein
specified, and to the extent that the work shall be done in
accordance with the terms, plans and specifications. The
CONTRACTOR shall have and maintain complete control over all of
its employees, subcontractors, agents and operations, being
responsible for any required payroll deductions and providing
required benefits, such as, but not limited to, workman's
compensation and unemployment insurance.
13.6 The Contractor agrees not to discriminate in the
fulfillment of this Agreement on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or
actual or perceived sexual orientation, gender identity or
disability. The Contractor agrees this requirement shall apply
to the hiring and treatment of the Contractor's employees and to
all subcontracts.
Article 14. Special Provisions
14.1 Upon completion of the work, the Contractor shall provide a
representative for a final inspection to be conducted with the
owner and/or owner's representative, Scott Hedglin, Architect.
M .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
Ingram— Clevenger, Tnc.
(Contractor)
By__
Title Sccretary/Treasurer
Montana Contractor Registration Number 2009
V
SkA"L" AND ATTEST
City of Bozeman
Owne r)... ,
A
B
Title City Manager
4�
0' ' �
SEAL 4AN ";'TE
By
t
Title ty,
9
SMINlifie BE Relity
North 7th Avenue and Tamarack Street, Bozeman, Montana
EXHIBIT A
CONSTRUCTION DOCUMENTS
February 28, 201
Project #0L10.05
architectureI18
PA Box 6123 Bozeman Mont 59M wwarch � l 8.wi
NOTICE:
This project is funded in whole or in part using funds from the American Recovery and Reinvestment Act
(ARRA). Successful bidders shall comply with all ARRA reporting requirements and provide any ARRA
related documentation as requested by the Owner or the Architect,
Under ARRA requirements, Federal Davis-Bacon Prevailing Wages Rates (rya II Iiy I g
1� db 2 , 70 e �sc p, il 20"! and Certified Payroll to allow
a 1 0
for tracking of job hours �Nvv n l k
JJ 1 10-07a ee
�
apply to the project.
Recipients and their first-tier recipients must 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,
Page 1 of 4
General Decision Number: MT100044 02/04/2011 MT44.
State: Montana
Construct..on Type: Building
County: Gallatin County in Montana.
PUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Modification Number Publication Date
0 02/04/2011
ASBE0082 -002 08/01/2009
Rates Fringes
Heat and Frost Insulator ......... $ 25.74 1.3.78
DOIL0011-002 04/01/2010
Rates Fringes
BOILERMAKER ......................`a 30.16 21.75
BRMT0005 -001. 01/01/2011
Rates fringes
BRICKLAYER .......................5 26.06 10.23
CARP0557 -003 05/01./2010
Rates Fringes
CARPENTER (Includes
Acoustical Ceiling
Installation, Drywall.
,finishing /Taping, Lryoaall
Hanging and Formwork) ............ $ 19.25 9.45
ELEV0019 -005 01 101/2010
Rates Fringes
ELEVa,TOR MECHANIC ................$ 44.14 20.035+ -Ad -B
FOOTNOTE:
a. Employer contributes 8% of the basic; hourly rate
for over 5 year's service and P of the basic
hourly rate for 6 months to 5 years' of service
as vacation paid credit.
b. Eight paid holidays. New Year's Day; Memorial Day;
Independence Day; Labor Day; Veteran's Day; Thanksgiving
Day; Friday after Thanksgiving and Christmas Day
IRON0732 -013 06/01/2010
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Page 2 of 4
Rates Fringes
IRONWORKER, REINFORCING AND
ST RUCTURAL .......................$ 25.57 1 °7.21
LABO1686 -006 05/01/2010
Rates Fringes
LABORER (Zone 1)
Mason Tender-Brick .......... $ 1 °7.43 8.54
ZONE DEFINITIONS FOR LABORERS
The burly wage rates applicable to each project shall be
determined by measuring the road miles over the shortest
practical maintained route from the County Courthouse in
Great Frills to the center of the job.
ZONE 1: 0 to 1.5 miles
ZONE 2: 15 to 30 miles, add $0.65 to Zone 1 rate.
ZONE 3: 30 to 50 miles, add $0.85 to Gone 1 rate.
ZONE 4: Over 50 males, add .x1.25 to none 1 rate.
PLUM0041 -008 0 "7/'0112010
Rates Fringes
PIPE,FIT'TER, Excluding HVAC
Pipe Installation ................$ 28.25 13.05
PLUMBER (Including HVAC Pipe
Install .ation) ....................$ 28.25 13.05
SFMT0669 -002 04 ✓01/2010
Rates Fringes
SPRINKLER FI'TT'ER (Fire
Sprinklers ) ......................$ 29.00 16.85
SUMT2011 --009 01/0412011.
Rates
CEMENT MASON /CONCRETE FINISHER...$ 18.27
ELECTRICIAN (Low Voltage
Wiring for Alarms and
Computers Only) ..................$ 26.86
ELECTRICIAN, Excluding Low
Voltage Wiring for Alarms and
Computers ........................$ 24.04
GLAZIER ..........................$ 17.93
LABORER: Common or General ...... $ 16.52
OPERATOR: Crane .................$ 24.04
Fringes
1.50
3.69
3.51
2.62
5. 46
7.41
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Page 3 of 4
OPERATOR: Excavator .............$
22.20
6.75
OPEIlRTOR: Forklift ..............$
21.44
8.05
PAIN'T'ER. Brush, Roller and
Spray (Excluding Drywall
Finishing/Taping) ................$
19.62
0.00
ROOFED . ...........................$
14.10
5.68
SHEETMEETAL WORKER (HVAC Duct
Installation Only) ...............$
25.89
2.81
TRUCK DRIVER: Dump Truck ........
$ 19.36
5.37
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the
classifications listed may be added after award only as
provided in the labor
standards contract clauses (29 CFR
In the listing above, the "SU" designation means that rates
listed under the
identifier do not reflect collectively bargained wage and
fringe benef..it.
rates. Other designations indicate unions whose rates have
been determined
to be prevailing.
WAGE DETERMINATION? APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
an existing published wage determination
* a survey underlying a wage determination
* a. Wage and Hour Division letter setting forth a position on
a wage
determination matter
* a conformance (additional classification and rater ru.1ing
On survey related matters, initial contact, including requests
for summaries
of surveys, should be with the Wage and I-lour Regional Office
for the area in
which the survey was conducted because those Regional Offices
http:// www. wdol. gov/ wdol /scafiles /davisbacon /MT44.dvb 2/18/2011
Page 4 of 4
have
responsibility for the Davis - -Bacon survey program. If the
response from this
initial contact is not satisfactory, then the process described
in 2_) and
3.) should be followed.
With regard to any other matter not yet ripe for the formal.
process
described here, initial contact should be with the Branch of
Construction
Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and .Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested. party
(those affected by the action) can request review and
reconsideration from
the Wage and Hour Administrator (See 29 CF°R Part 1.8 and 29 CFR
Part 7 ) .
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested
party's position and by any information (wage payment data,
project
description, area practice material., etc.) that the requester
considers
relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested
party may appeal directly to the Administrative Review Board
(formerly the
Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.} All decisions by the Administrative Review Board are final...
END OF GENERAL DECISION
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Streamline Bus Shelter
TECHNICAL SPECIFICATIONS
TABLE OFCONTENTS
DIVISION 00
0]1OOO ... ......... INVITATION TJB|D-- ...... — ......................... ....... .............................. ...................... ..........
CO2OOO ........ —INSTRU[3|ONSTO BIDDERS ....... ........ ...... ......................... ................ —....... .........
—..
0O4OD0 ......... ..... BID FORM .... — .... .................................. .............. —.................................. —........... ........
.
0O50O0— ..... ...... CONTRACTING FORMS AND SUPPLEMENTARY COMD0ONS— ... -- ...... —_.............
OOGODO .... ... --SPECIAL TERMS AND CONO|TlONSFORTHEEECBGPROGRAM -- ----------'
00bOO1 ....... ..... SUPPLEMENTARY CONDITIONS —ARRA .......... ---...... .................. .............................
DIVISION 0' GENERAL REQUIREMENTS
O110OQ............... SUMMARY .................................. —.............. —.......... ...... ................................. ...........
_.
O12000 ........ — ... PRICE AND PAYMENT PROCEDURES .......... ............ — .............. ......... ....... --.................
O13OQO ........ ...... ADMINISTRATIVE REQUIREMENTS ....... —......... ----...... ... .......................................
O14O0O ....... ... —QUALITY REQUIREMENTS ....... .......... ----.......... --...... ...... ........ ..............................
O18OOO .............. PRODUCT REQUIREMENTS ....... --- ...... _--- ... .............. — ............................... ..............
END OF TABLE OFCONTENTS
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3
2
2
24
5
1
2
3
1
2
3
2/28/2011 TABLE OFCONTENTS
Streamline Bus Shelter
SECTION 001000 - INVITATION TO BID
On behalf of the City of Bozeman �
Sealed Bids for STREAMLINE BUS SHELTER located at North 7� Avenue and Tamarack Street, Bozeman,
Montana, will be received by the City Clerk — 121 North Rouse, Bozeman, Montana 59771. Bids will be received until
1:00 pm, March 15, 201 local time. Bids will be publically opened and read aloud at that time,
The proposed project is the fabrication and installation of a steel and glass bus shelter on an existing concrete pad.
Plans and Specifications may be obtained from Architecturel 18, PO Box 6723, Bozeman, MT 59771, 406
Bids shad be submitted on the Bid Form provided in the Specifications, A bid security of not less than ten percent
(10%) of the total bid amount, in the form of cash, certified check or appropriate bid bond, payable to the City of
Bozeman, shall accompany each bid. No bidder may withdraw their bid for at least thirty (30) days after the
scheduled time of public opening,
Issuance of the Invitation to Bid does not commit the City of Bozeman to award any contract, to pay any costs
incurred in preparation of a proposal or to procure or contract for services, The City of Bozeman reserves the right to
reject any and all proposals, to re-advertise, to waive any irregularities, to award a contract based on original
proposals without further negotiations, and to make awards in the best interest of the City of Bozeman,
212812011 001000-1 INVITATION TO BID
Streamline Bus Shelter
SECTION 00 2000 - INSTRUCTIONS TO BIDDERS
1.1 BID SUBMISSION
& Bids signed, executed, and dated will be received by the City Clerk at 121 North Rouse, Bozeman, Mon-
tana 59771, before 1:00 pm local time on November 18, 2010, Submit bids in a closed, opaque envelope
clearly marked with the Bidders name, project name, and Owner's name on the outside. Bids will be pub-
lically opened shortly thereafter.
B. Bids submitted after the above time shall be returned to the Bidder unopened,
C. Submit Bids on the Bid Form provided in the specifications, All Bids must be signed by a person legally
authorized to bind the Bidder to a Contract,
D. Bidders shall be solely responsible for the delivery of their bids. Oral, faxed, or electronically submitted
bids will not be accepted.
1.2 CONTRACT TIME
A. Identify Contract Time in the Bid Form. The Completion Date in the Agreement shall be the Contract Time
added to the Date of Notice to Proceed.
B. Anticipated completion is May 15, 201
1.3 CONTRACT DOCUMENTS
A. Contract Documents are identified as Architect's Project Number 01-10-05 as prepared by Architec-
turel 18, PO Box 6723, Bozeman, MT 59771, Contract Documents include drawings, specifications, ad-
denda, and all information contained in the Project Manual,
B. Contract Documents may be obtained from Architecturel 18, PO Box 6723, Bozeman, MT 59771, (406)
599-7549.
C, Upon receipt of the Contract Documents, verify that all documents are complete, Notify Architect imme-
diately should documents be incomplete.
D. Notify Architect immediately of any discrepancies, omissions, or ambiguities in the documents.
1�4 INQUIRES/ ADDENDA
A, Direct all questions to the Architect.
B. Addenda may be issued during the bidding period. All addenda become part of the Contract Documents
and must be acknowledged on the Bid Form, Bid Amount shall include all costs associated with all ad-
denda,
C. Verbal answers are not binding on any party,
2128/2011 00 2000 -1 INSTRUCTIONS TO BIDDERS
Streamline Bus Shelter
D� Questions or clarifications requested by bidders must be in writing not less than seven (7) days before the
date of Bid Opening, Responses will be issued by addenda and forwarded to known plan holders,
1.5 SUBSTITUTIONS
A. Materials, products and equipment described in the Contract Documents establish a standard of required
function, dimension, appearance, and quality to be met by any substitution.
B. Substitution Requests must be received by the Architect no less than seven (7) days before the date of
Bid Opening. If the substitution is accepted by the Architect, an addendum will be issued and forwarded to
known plan holders,
C. Substitution Requests shall provide sufficient information to determine acceptability of product. Such re-
quests shall include the name of the material or equipment and a complete description of the proposed
substitution including, but not limited to, drawings, performance and test data, proof of acceptable opera-
tion by means of demonstration, contact references for existing comparable installations, and other infor-
mation necessary for an evaluation. Differences between the specified item and the proposed substitution
shall be highlighted. A written statement acknowledging all changes to other materials, equipment, or oth-
er portions of the Work shall be included. The burden of proof of the merit of the proposed substitution is
on the proposer. The Architect's decision of approval or disapproval of Substitution Requests shall be fi-
nal.
D. No substitutions will be considered after the Contract Award unless specifically provided in the Contract
Documents,
1,6 SITE
K All bidders are responsible for visiting the site and familiarizing themselves with the Work and existing
conditions prior to submitting a bid. No additions to the Contract Sum will be made for Work this is af-
fected by conditions that are visually present at the time of bidding.
1.7 SUBCONTRACTORS/SUPPLIERS/OTHERS
A. Owner reserves the right to reject a proposed prime or sub-contractor for reasonable cause.
1.8 BID SECURITY
A. A bid security of not less than ten percent (10%) of the total bid amount, in the form of cash, certified
check or appropriate bid bond, payable to the City of Bozeman, Montana, shall accompany each bid. The
bid security shall be forfeited if a bidder who has been awarded the contract fails to execute the Own-
er/Contractor Agreement and required bonds within ten (10) days of notification by Owner.
13, Bid security for unsuccessful bidders will be returned no later than thirty (30) days after the contract is
awarded.
C. No bidder may withdraw their bid for at least thirty (30) days after the scheduled time of public opening
2/28/2011 002000-2 INSTRUCTIONS TO BIDDERS
Streamline Bus Shelter
1.9 PERFORMANCE,, LABOR AND MATERIAL PAYMENT BONDS
A. The successful bidder shall be required to submit a Performance bond in the amount of one- hundred per-
cent (100 %) of the Contract Sum.
B. The successful bidder shall be required to submit a Labor and Material Payment bond in the amount of
one- hundred percent (100 %) of the Contract Sum.
C. Bonds must be executed by a surety company licensed to do business at the location of the project and
approved by the Owner. Bond form shall be AIA Document A312 or reasonable facsimile thereof,
END OF SECTION 00 2000
2128/201' 1 002000-3 INSTRUCTIONS TO BIDDERS
Streamline Bus Shelter
SECTION 00 4000 — BID FORM
1.1 PROJECT:
A. Streamline Bus Shelter, North 7 11 Avenue and Tamarack Street, Bozeman, Montana
1.2 OWNER:
A. City of Bozeman, 121 North Rouse, Bozeman, Montana 59771
1.3
SUBMITTED BY:
A.
Bidder / Company Name:
B.
Address:
C.
Name / Title of person submitting:
D.
Signature:
E.
Date:
F.
Contractor License
G.
Phone / Fax / Emaili:
1,4 BASE BID: (in accordance with Federal Davis-Bacon Prevailing Wage Rates and inclusive of the 1 %a
Gross Receipts Tax)
A. The Bidder proposes to perform all of the Work required by the Contract Documents for the amount of (in
words and numbers):
dollars. $
B. The Bidder has attached the required Bid Security and Buy America Certification Form, hereto,
C. This offer shall be open to acceptance and shall not be withdrawn for thirty (30) days from the bid closing
date.
D. If this bid is accepted by Owner within the time period stated above, we will
1, Execute the Agreement within ten (10) days of receipt of Notice of Award.
2. Furnush the required bonds within ten (10) days of receipt of Notice of Award.
3, Commence work within seven days after written Notice to Proceed.
1.5 CONTRACT TIME:
A. The Work shall be completed within days of the Notice to Proceed,
1.6 ADDENDA
212812011 00 4000 -1 BID FORM
Streamline Bus Shelter
A, The following Addenda have been received, The modifications to the Bid Documents noted below have
been considered and all costs are included in the Bid Sum.
1. Addendum #: Date:
2, Addendum 4: Date:
17 ALTERNATE(S)
A. The following are costs of Alternates to the Work as described in the Contract Documents.
1 Description: Provide and install surface-mounted bench as shown on the drawings. Provide (do
not install) trash receptacle as shown on the drawings.
a, [add] to the Base Bid:
dollars. $
END OF SECTION 00 4000
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SECTION 005000 - CONTRACTING FORMS AND SUPPLEMENTARY CONDITIONS
1.1 FORM OF AGREEMENT
A. AIA Document A105, STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR A RESIDENTIAL OR SMALL COMMERCIAL PROJECT,
B, If mutually agreeable, the City's Standard Contract Agreement may be used in place of the above docu-
ment.
1.2 GENERAL CONDITIONS
A. As included in the Form of Agreement,
1.3 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT PROGRAM
A. As specified in sections 006000 and 006001.
1.4 SUPPLEMENTARY CONDITIONS
A. These Supplementary Conditions amend and supplement the General Conditions and other provisions of
the Contract Documents as indicated below. All provisions that are not so amended or supplemented re-
main In full force and effect.
B. The terms used in these Supplementary Conditions that are defined in the General Conditions have the
meanings assigned to them In the General Conditions,
LABOR AND MATERIALS
The Contractor shall comply with all fair labor practices and must meet the requirements of the
State Statutes which require that preference be given to the employment of Montana residents
and must pay the prevailing rate of wages for contracts over $25,000. It shall be the Contrac-
tor's responsibility to secure and comply with the most recent publication of wage rates. The
contractor shall furnish the Owner with certified payroll forms completed for every person work-
ing on the project within 10 working days of the end of each payroll period.
PROGRESS AND COMPLETION
A Date of commencement will be established in the contract.
PROGRESS PAYMENTS
Prior to Substantial Completion, the Owner will pay the Contractor 95% of the approved total
on each monthly Application for Payment for work completed and materials and equipment re-
ceived and suitably stored during the period.
In accordance with state law governing Gross Receipts Withholding, the Owner will withhold
1% of the amount due on each payment and transmit such amount to the State Department of
Revenue,
212812011 005000-1 CONTRACTING FORMS AND
SUPPLEMENTARY CONDITIONS
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SAFETY OF PERSONS AND PROPERTY
The Contractor shall maintain occupational health and safety policies uLleast to the extent re-
quired bytheapp|icableFedora|ond Montana State statures, standards, rules and regulations.
CONTRACTOR'S LIABILITY INSURANCE
Liability Insurance shall include all major divisionaofcovorageandbeonacumpmehenoive
basis including:
1. Premises and Operations
2. Independent Contractor Protective
3. Products and Completed Operations
4. Personal Injury LIability
5. Contractual - including specified provision for the Contractor's obligations under paragraph
4.18
0. Owned, non-owned and hired motor vehicles
7. All Contractor's insurance policies shall name the Architect and the Owner as additional in-
sureds,
11.11,110 The insurance required by Subparagraph 11.1.1 . shall be written for not less than the follow-
ing, or greater if required bylaw:
1. Worker's Compensation -Statutory
2. Comprehensive General Liability (including Premises - Operations; Independent Contrac-
tor's; PmduutandComp|et*Operahnno:
.1 Bodily Injury ondPmpertvDamege: $1.0OD.O0J per occurrence
2 Bodily Injuries amdPmpertyDamagg: $2.0UU.O0O general aggregate
.3 Products and Completed Operations: $2.QOO,DOO general aggregate
.4 Products and Completed Operations Insurance to be maintained for three (3) years af-
ter final payment
3. Contractual Liability:
.1 Bodily Injury and Property Damage: $1 each occurrence
.2 Bodily Injury and Property Damage: $1.U0U annual aggregate
4. Personal Injury: G1 annual aggregate
5. Comprehensive Automobile Liability:
.1 Bodily Injury ondpmporty0amoge: $Y.00O,O80 combined single limit
,2 The Contractor shall be certain this insurance conforms to the specific stipulations of
governing Montana statutes.
0. Owner's and Contractor's Protective:
.1 Bodily Injury and Property Damage: $1.UQO.0O0 per occurrence
.2 Bodily Injury oodPmpedyDomaye: $2.Q0U.OUO annual aggregate
PERFORMANCE AND PAYMENT BOND
The bond value requirements are anfollows:
1. Provide o1O0 percent Performance Bond,
2. Provide n18O percent Payment Bond,
END OF SECTION 00 5000
2/28/3011 005000'2 CONTRACTING FORMS AND
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SPECIAL TERMS AND CONDITIONS FOR THE ENERGY
EFFICIENCY & CONSERVATION BLOCK GRANT
PROGRAM
America Recovery and Reinvestment Act (ARRA) funding policies
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SPECIAL TERMS AND CONDITIONS FOR THE ENL'RGY EFFICIENCY AND CONSERVATION BLOCK
GRANT PROGRAM — FORMULA GRANTS 2
FA- TC -0001A - RESOLUTION OF CONFLICTING CONDITIONS ..................... ..............................2
FA -TC -00018 AWARD AGREEMENT TERMS AND CONDITI ONS ................ ............................... 2
FA- TC -0001C - AWARD PROJECT PERIOD AND BUDGET PERIODS ............. ............................... 2
FA -TC- 0003.1 - PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM ............................................. ............................... 2
FA- TC- 0007.1 - REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE
INDIRECT COSTS AND FRINGE BENEFITS ......................................................... ..............................3
FA -TC -0008 - PRE -AWARD COSTS .......................................................................... ............................... 3
FA- TC- 0009.1 - USE OF PROGRAM INCOME - ADDITIO N ................................ ............................... 3
FA -TC -0010 - STATEMENT OF FEDERAL STEWARDSHIP ............................... ............................... 3
FA -TC -0012 - SITE VISITS ......................................................................................... ............................... 3
FA- TG0013 - REPORTING REQUIREMENTS ......... ............................... ............ ..............................3
FA -TC -0014 — PUBLICATIONS ................................................................................. ............................... 4
FA -TC -0015 - FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS .......... ............................... 4
FA -TC -0016 - INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION.. 4
FA -TC -0017 - NATIONAL SECURI"T"Y. CLASSIFIABLE RESULTS ORIGINATING UNDER AN AWARD
......................................................................................................................................... ............................... 4
FA -TC -0019 - LOBBYING RESTRICTIONS ............................................................ ............................... 5
FA -TC -0020 - NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS ..................................................................... ............................... 5
FA -TC -0028 - INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP ............................ ................. 5
FA -TC -0031 - NATIONAL ENVIRONMENTAL POLICY ACT (N EPA) REQUIREMENTS [Project
Specific for Applications without a Strategy (Conditional NEPA Approval); If Strategy Submitted (Final or
Unconditional NEPA Approval), Delete Paragrapht .................................................. ............................... 6
FA -TC -0033 - DECONTAMINATION AND /OR DECOMMISSIONING (D &D) COSTS ................. 6
FA -TC -0034 - SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 ............. ............................... ..............................6
FA- TC- 0035 - REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERYACT ....................................................................................................... ............................... 10
FA -TC -0036 - REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS --
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009......... 10
FA -TC -0038 - WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
....................................................................................................................................... ............................... 12
FA -TC -0039 - RECOVERY ACT" TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAI, AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS
....................................................................................................................................... ............................... 12
FA -TC -0040 HISTORIC PRESERVATION... ............... ........................................................................ 13
FA- TC -XXXX ENERGY EFFICIENCY AND CONSERVATION STRA'T'EGY (Project Specific) . 13
(This is applicable to the grantee if this block is checked) ........................................ ........................ ......13
FA -TC -0052 DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
....................................................................................................................................... ............................... 14
FA -TC -0055 —RECIPIENT FUNCTIONS ............................................................... ............................... 19
FA -RW -0001 RECIPIENT RESPONSIBILITIES FOR DAVIS BACON ACT .... ............................... 20
FA -TC -0056 FINAL INCURRED COST AUDIT ....................................................... .............................21
FA -TC -0057 PROPERTY ............................................................................................. .............................21
FA -TC -0058 INDEMNITY ......................................................................................... ............................... 21
FA -TC -0059 ADVANCE PATENT WAIVER .......................................................... ............................... 21.
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SPECIAL, TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM — FORMULA GRANTS
FA- TC -0001A - RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this
award must be referred to the DOE Award Administrator for guidance.
FA -TC -0001 B - AWARD AGREEMENT TERMS AND CONDITIONS
This award/agreement consists of the Grant and Cooperative Agreement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
1 Intellectual Property Provisions
2 Project Activity Worksheet(s)
3 Federal Assistance Reporting Checklist
4 Davis Macon Wage Determination
S Strategy Plan
6 Budget Sheet
7 Iii- Lateral Signature Page
C. .Applicable program regulations - Title y. Subtitle E of'the F,nerr~y Independence and Security „Ar t CF:1SA1
of 2007 funded by the American Recovery and Reinvestment Act of "2.009. Public Law 1 l 1 -5 (Recovery Act or
Act),
d. DOE Assistance Regulations, 10 CFR Part 600 at http: //eefr.gpoaccess.gov and if the award is for research
and to a university or non- profit, the Research Terms & Conditions and the DOE Agency Specific Requirements at
http: /hNtivrv. rrst. gov /bf� /d ias /po I i cy /rtc /irlde, jsp.
e. Application /proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at
http:// inFttia gcment,energy,gov /btisiness doe /1.374,htm.
FA- TC -0001C - AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project Period for this award is 36 months from the date of award.
FA- TC- 0003.1 - PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM
a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP
system.
b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit
requests as frequently as required to meet your needs to disburse funds for the Federal share of project costs. If
feasible, you should time each request so that you receive payment on the same day that you disburse funds for
direct project costs and the proportionate share of'any allowable indirect costs. If same -day transfers are not
feasible, advance payments must be as close as is administratively feasible to actual disbursements.
C. Adjusting payment requests for available cash. You must disburse any funds that are available from
repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract settlements, audit
recoveries, credits, discounts, and interest earned on any of those funds before requesting additional cash payments
from DOE /N'NSA.
d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP
Bank Information Form that you filed with the U.S. Department of Treasury.
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FA- TC- 0007.1 - REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE
INDIRECT COSTS AND FRINGE BENEFITS
a. If actual allowable indirect costs are less than those budgeted and funded under the award, you may use the
difference to pay additional allowable direct costs during the project period. If at the completion of the award the
Government's share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, you
must refund the difference.
b. Recipients are expected to manage their indirect costs. DOE will not amend an award solely to provide
additional funds for changes in indirect cost rates. DOE recognizes that the inability to obtain full reimbursement
for indirect costs means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part
of the organization's required cost sharing.
FA -TC -0008 - PRE -AWARD COSTS
You are entitled to reimbursement for costs incurred on or after [AlonthDayl'ear as authorized by the pre - award
costs letter dated [Date of *Approval Lettei], if such costs are allowable in accordance with the applicable Federal
cost principles referenced in 10 C'FR Part 600.
FA- TC- 0009.1 - USE OF PROGRAM INCOME - ADDITION
If you earn program income during the project period as a result of this award, you may add the program income to
the funds committed to the award and use it to further eligible project objectives,
FA- TC- 0010 -- STATEMENT OF FEDERAL STEWARDSHIP
DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under this
award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and
financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to correct
deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing
technical performance after project completion to ensure that the award objectives have been accomplished,
FA -TC -0012 - SITE VISITS
DOE's authorized representatives have the right to make site visits at reasonable times to review project
accomplishments and management control systems and to provide technical assistance, if required. You must
provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and
assistance for the safety and convenience of the government representatives in the performance of their duties, All
site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work.
FA=TC -001.3 - REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting requirements is
considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of
future payments, suspension, or termination of the current award, and withholding of future awards. A willful
failure to perform, a history of failure to perform, or unsatisfactory performance of this and /or other financial
assistance awards, may also result in a debarment action to preclude future awards by Federal agencies.
b. Dissemination of scientific /technical reports, Scientilte/technical reports submitted under this award will
be disseminated on the Internet via the DOE Information Bridge (www.osti.gov/bridge), unless the report contains
patentable material, protected data, or SBIR /STTR data. Citations for journal articles produced under the award will
appear on the DOE Energy Citations Database (wNvNv.osti.gov/energycitations).
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C. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected Personal
Identifiable Information (PII), limited rights data (proprietary data), classified information, information subject to
export control classification, or other information not subject to release.
FA -TC -0014 — PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly available the results of the work conducted
under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any material,
whether copyrighted or not, based on or developed render this project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number
(See block I of Assistance Agreement).
Disclaimer: " "Phis report was prepared as an account of work sponsored by an agency of the United States
Government. Neither the United Slates Government nor any agency thereof, nor any of their employees, makes any
warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe
privately owned rights. Reference herein to any specific commercial product, process, or service by trade name.
trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or
favoring by the United States Government or any agency thereof: The views and opinions of authors expressed
herein do not necessarily state or reflect those of the United States Government or any agency thereof."
FA- TC- 001;.5 - FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal flaws, codes, and
regulations for kvork performed under this award.
FA -'TC -0016 - INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided as an attachment to this award or
are referenced on the Agreement Face Page. A list of all intellectual property provisions may be found at
http: /kw °wvkv.gc.doe.gov/ inancial assistaiice_awvards.htm.
b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator and
the Patent Counsel designated as the service provider for the DOE office that issued the award. The IP Service
Providers List is found at
http: Uvvw% v. gc. doc .govldocurnents /Intellectiial Property (IP) Service Providers fir Acquisition.pdf
FA -TC -0017 - NATIONAL SECURITY: CLASSIFIABLE RESULTS ORIGINATING UNDER AN AWARD
a. This award is intended fiver unclassified, publicly releasable research. You will not be granted access to
classified information. DOE /NNSA does not expect that the results of the research project will involve classified
information. Under certain circumstances, however, a classification review of information originated under the
award may be required. The Department may review research work generated under this award at any time to
determine if it requires classification.
b. Executive Order 12958 (60 Fed. Reg. 19,825 (1995)) states that basic scientific research information not
clearly related to the national security shall not be classified. Nevertheless, some information concerning (among
other things) scientific, technological, or economic matters relating to national security or cryptology may require
classification. If you originate information during the course of this award that you believe requires classification,
you must promptly:
I. Notify the DOE Project Officer and the DOT; Award Administrator;
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2. Submit the information by registered mail directly to the Director, Office or Classification and
Information Control, SO- 10.2; U.S. Department of Energy; P.O. Box A, Germantown, MD 20875 -0963, for
classification review.
3. Restrict access to the information to the maximum extent possible until you are informed that the
information is not classified, but no longer than 30 days after receipt by the .Director, Office of Classification and
Information Control.
C. If you originate information concerning the production or utilization of special nuclear material (i.e..
plutonium, uranium enriched in the isotope 233 or 235, and any other material so determined under section 51 of the
Atomic Energy Act) or nuclear energy, you must:
Notify the DOE Project Officer and the DOE Award Administrator;
2. Submit the information by registered mail directly to the Director, Office of Classification and
Information Control, SO -10.2; U.S. Department of Energy; P. O. Box A; Germantown, MD 20875 -0963 for
classification review within 180 days of the date the recipient first discovers or first has reason to believe that the
information is useful in such production or utilization; and
1 Restrict access to the information to the maximum extent possible until you are informed that the
information is not classified, but no longer than 90 days after receipt by the Director, Office of Classification and
Information Control.
d. If DOE determines any of the information requires classification, you agree that the Government may
terminate the award by mutual agreement in accordance with 10 CFR 600.25(d). All material deemed to be
classified must be forwarded to the DOE, in a manner specified by DOE.
e. if DOE does not respond within the specified time periods, you are under no further obligation to restrict
access to the information.
FA -TC -0019 - LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended,
directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in
addition to those prescribed elsewhere in statute and regulation.
FA -TC -0020 - NOTICE REGARDING THE PURCHASE OF AMERICAN! -MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with
funds made available under this award should be American -made.
FA -TC -0028 - INSOLVENiCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following: events: (i) you or your
parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent
to the institution of an involuntary case under the Bankruptcy Act against you or your parent; (iii) the tiling of any
similar proceeding for or against you or your parent, or its consent to, the dissolution, winding -up or readjustment of
your debts, appointment of a receiver, conservator, trustee, or other officer with similar powers over you, under any
other applicable state or federal law; or (iv) your insolvency due to your inability to pay your debts generally as they
become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an
event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact such event
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will have on the project being funded by this award
C. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to
conduct a review of your award to determine your compliance with the required elements of the award (including
such items as cost share, progress towards technical project objectives, and submission of required reports). If the
DOE review determines that there are significant deficiencies or concerns with your performance under the award,
DOE reserves the right to impose additional requirements, as needed, including (i) change your payment method; or
(ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this
financial assistance award by the Contracting Officer.
FA -TC -0031 - NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS [Project
Specific for Applications without as Strategy (Conditional NEPA Approval) If Strategy Submitted (Final or
Unconditional NEPA A pproval), Delete Par.agraphl
Perscrintion for Clause F A-TC -0031
1, 11'you iracicrcic: tlu; claLLIC in the I s Cs. voa must list the actiw itics that have been approti ed by the NEPA 011icor
or nol appnn ed by the NEPA officer, The idea here is to ,pecii, %Oat project actin hies tlic; recipient can \�nrk on
Per the CA' ectiv e datc of tho grant 4% %'ard.
11'ti uu dolcte the elausc from the l n C`s. it implies that 1 of the project acaivitics ha c been approved by the
You are restricted from taking any action using Federal funds, which would have an adverse effect on the
environment or limit the choice of reasonable alternatives prior to DOF.,/NNSA providing either a NEPA clearance
or a final NEPA decision regarding this project, For this recipient, the wurnbcr of project activities) ac°tMties
id�lititied have been determined to be cate«orica'lly exempt from furthc r NI- 1 reviews, I Irrweever. an�additional
project actie ilios wwill need to be for NL;l'A compliance.
Ifyou move forward with activities that are not authorized for federal funding by the DOE Contracting. Officer in
advance of the final NEPA decision, you are doing so at risk of not receiving federal funding and such costs may not
be recognized as allowable cost share.
If this award includes construction activities, you must submit an environmental evaluation report /evaluation
notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process.
FA -TC -0033 - DECONTAMINATION AND /OR DECOMMISSIONING (D &D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any
obligation to the recipient for (i) Decontamination and/or Decommissioning (D &D) of any of the recipient's
facilities, or (ii) any costs which may be incurred by the recipient in connection with the D &D of any of its facilities
due to the performance ofthe work under this Agreement, whether said work was performed prior to or subsequent
to the effective date of this Agreement.
FA -TC- 0034- SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve and
create jobs and promote economic recovery, assist those most impacted by the recession, provide investments
needed to increase economic efficiency by spurring technological advances in science and health, invest in
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transportation, environmental protection, and other infrastructure that will provide long -term economic benefits,
stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and
counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job
creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability, transparency, data collection and resources as specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including obtaining a .DUNS number (or
updating the existing DUNS record), and registering with the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and
related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate
records for Recovery Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning
specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as
they become available. The Recipient must comply with all requirements of the Act. if the recipient believes there
is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be
referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5. Covered Funds will have special accounting
codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TlA and /or modification
using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non - Federal employer means any employer with respect to covered funds — the contractor, subcontractor, grantee,
or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any
professional membership organization, certification of other professional body, any agent or licensee of the Federal
government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or
with respect to covered funds received by a State or local government, the State or local government receiving the
funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or
local government; and does not mean any department, agency, or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal government (including
Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that
receives Recovery Act. Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terns and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial
and accounting systems .should be revised as necessary to segregate, track and maintain these funds apart and
separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any
other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects.
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C. Prohibition on Use of Funds
Nonc ol`the Funds provided under this agreement derived from the American Recovery and Reinvestment Act of
2009, Pub. L. 111 -5, may be used by any State or local government, or any private entity, for any casino or other
gambling establishment, aquarium, zoo, golf course, or swimming pool.
D. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or
otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, any
representative of an appropriate inspector general appointed under section 3 or SG of the Inspector General Act of
1948 (5 U.S.C. App.) or ofthe Comptroller General is authorized
(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any
State or local agency administering such contract that pertain to, and involve transactions relation to, the
subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgramee. or agency regarding such
transactions.
E. Publication
An application may contain technical data and other data, including trade secrets and/or privileged or confidential
information, which the applicant does not want disclosed to the public or used by the Government for any purpose
other than the application. To protect such data, the applicant should specifically identify each page including each
line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the
following Notice as well as referring to the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages - - -- of this application have been submitted in confidence and contain trade secrets or
proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this
applicant receives an award as a result of or in connection with the submission of this application, DOE. shall have
the right to use or disclose the data here to the extent provided in the award. This restriction does not bruit the
Government's right to use or disclose data obtained without restriction from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the website www.recoverv.aov,
maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other
information on the website can a case -by -case basis when necessary to protect national security or to protect
information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code,
F. Protecting State and Local Government and Contractor Whistleblowers.
The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to:
Prohibition on Reprisals: An employee ofany non - Federal employer receiving covered funds under the American
Recovery and Reinvestment. Act of 2009. Pub. L. 111 -5, may not be discharged, demoted,, or otherwise
discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an
employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a
member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority
over the employee (or other person working for the employer who has the authority to investigate, discover or
terminate misconduct, a court or grantjury, the head of a Federal agency, or their representatives) information that
the employee believes is evidence of-
gross mismanagement of an agency contract or grant relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to the implementation or use of covered
Funds;
• an abuse of authority related to the implementation or use of covered funds; or
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• a violation of law, rule, or regulation related to an agency contract (including the competition for or
negotiation of a contract) or grant, awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of
the agency shall determine whether there is sufficient basis to conclude that the non - Federal employer has subjected
the employee to a prohibited reprisal. The agency shall either issue an order denying rel ief in whole or in part or
shall take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held before the reprisal, together
with compensation including back pay, compensatory damages, employment benefits, and other terms and
conditions of employment that would apply to the person in that position if the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate amount of°all costs and
expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the
employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the
head of a court of competent jurisdiction.
1* onenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided
in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may
not be waived by any agreement, policy, farm, or condition of employment, including any predispute arbitration
agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of dispute
arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required
therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub, L. 111 -5,
tivww.Rccovery.gov, for specific requirements of this section and prescribed language for the notices.).
G. Request for Reimbursement
Reserved.
1 -f. False Claims Act
Recipient and sub- recipients shall promptly refer to the DOE or other appropriate Inspector General any credible
evidence that a principal, employee, agent, contractor, sub- grantee, subcontractor or other person has submitted a
false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest,. bribery, gratuity or similar misconduct involving those funds.
1. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act
including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the
request of the Contracting Officer or designee.
J. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs for
36 months from date of award.
K. Reserved
L. Certifications
With respect to funds made available to State or local governments for infrastructure investments under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, the Governor, mayor, or other chief executive, as
appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and
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vetting required by late and that the chief executive accepts responsibility that the infrastructure investment is an
appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of
the investment, the estimated total cost, and the amount ol'covered funds to be used for posting on the Internet. A
State or local agency may not receive infrastructure investment funding from funds made available by the Act unless
this certification is made and posted.
FA -TC' -0035 - 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 American
Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act fiends provided
through this award. Information from these reports will be made available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the
assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor Registration
(http: ✓hv4vw.cer,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 : / /xv vw.dnb.com) is one of the
requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) of the Recovery ,pct using the reporting
instructions and data elements that will be provided online at Iwttp : //www\v.f�'ederalReporting.gov and ensure that any
information that is pre - filled is corrected or updated as needed.
FA -TC -0036 - REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS --
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Delmitions. As used in this award term and condition- -
(1) Manufactured good means a good brought to the construction site for incorporation into the building or work that
has been --
(i) Processed into a specific Corm and shape„ or
(ii) Combined with other raw material to create a material that has different properties than the properties of the
individual raw materials.
(2) Public building and public wwrork means a public building of, and a public work of, a governmental entity (the
United States: the District of Columbia; commonwealths, territories, and minor outlying islands of the United States;
State and local governments; and multi - State, regional, or interstate entities which have governmental functions).
These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets,
subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals,
docks. piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works,
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include
other elements.
(b) Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery
and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111 - -5), by requiring that all iron. steel, and manufactured
goods used in the project are produced in the united States except as provided in paragraph (b)(3) and (b)(4) of this
section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
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[ Award official to list applicable excepted materials or indicate "none"
(3) The award official may add other iron. steel, and/or manufactured goods to the list in paragraph (b)(2) of this
section and condition if the Federai Government determines that- -
(i) The cost of the domestic iron, steel, and /or manufactured goods would be unreasonable. The cost of domestic
iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will
increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and
reasonably available quantities and of a satisfactory quality, or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public
interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1)(i) Any recipient request to
use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include
adequate information for Federal Government evaluation of the request, including- -
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(13) Unit of measure,
(C) Quantity:
(D) Cost;
(1) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier, and
(1l) A detailed justification of the reason for use of foreign iron, steel, and /or manufactured goods cited in
accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost
comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction
site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project
for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the
need for such determination and could not have requested the determination before the funds were obligated. If the
recipient does not submit a satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction, alteration,
maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend
the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the
exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount,
redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the
foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of
the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute
budgeted funds by at least the differential established in 2 CFR 1'76.110(a).
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(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of
foreign iron, steel, and /or manufactured goods is noncompliant with section 1605 of the American Recovery and
Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost.. the
Recipient shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of measure Quantity Cost
(dollars)*
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good _.
[List name, address, telephone number, email address, and contact for suppliers surveyed. attach copy of response;
iforal, attach summary.]
[Include other applicable supporting information.]'
[Include all delivery costs to the construction site.1
FA -TC -003$ - WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
(a) Section '1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects banded directly by or assisted in whole or in part by and through the Federal Government
pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued
regulations at 29 CFR parts 1, 3, and 5 to implement the Davis - Bacon and related Acts. Regulations in 29 CFR 5.5
instruct agencies concerning application of the standard Davis- Bacon contract clauses set forth in that section.
Federal agencies providing grants. cooperative agreements, and loans under the Recovery Act shall ensure that the
standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts
that are in excess of $2,000 for construction, alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1.606, contact your awarding agency.
Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application
of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the protect. The
Secretary of Labor retains final coverage authority under Reorganization Plan Number 14.
FA- TC- 0039 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 American Recovery and
Reinvestment Act of 2009 (Pub. L. t 11 - -5) (Recovery Act) as required by Congress and in accordance with 2 CFR.
215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A - -102 Common
Rules provisions. recipients agree to maintain records that identify adequately the source and application of
Recovery Act funds. OMB Circular A--t 02 is available at
http: / /x "vw.NNvhi tehouse.goviomb /c i r eulars /a l 02 /a l 02.html.
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(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A —] 33, "Audits of
States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the expenditures
for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the
Data Collection Form (SF - -SAC) required by OMB Circular A- -'I33, OMB Circular A - -133 is available at
http: / /ww /omb /circulars /a]33 /a]33.htinl. This shall be accomplished by identifying expenditures
for Federal awards made under the Recovery Act separately on the SETA, and as separate rows under Item 9 of Part
Ill on the SF- -SAC by CFDA number, and inclusion of the prefix "ARRA -" in identitying 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) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the
time ol'disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds.
When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients
shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing
program.
(d) Recipients agree to require their subrecipients to include on their 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
the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office.
FA -TC -0040 HISTORIC PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is required to comply with the
requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of
delegation of authority regarding the NIIPA. Section 106 applies to historic properties that are listed in or eligible
for listing in the National Register of Historic Places. In order to fulfill the requirements of Section 106, the
recipient must contact the State Historic Preservation Officer (SHPO), and, if applicable, the Tribal Historic
Preservation Officer (THPO), to coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact
information is available at the following link: http: / /e+,wnv.neshpo.org; /lied /index.htm `HPO contact information is
available at the following link. htt :Ilwrvw.nath o.or Ima: .html .
Section I I0(k) of the NIIPA applies to DOE funded activities. Recipients shall avoid taking any action that results
in an adverse effect to historic properties pending compliance with Section 106.
Recipients should be aware that the DOE Contracting Officer will consider the recipient in compliance with Section
106 of the N14PA only after the Recipient has submitted adequate background documentation to the SHPO /l'HPO
for its review, and the SHPO /THPO has provided written concurrence to the Recipient that it does not object to its
Section 106 finding or determination. Recipient shall provide a copy of this concurrence to the Contracting Officer.
FA- TC -XXXX ENERGY EFFICIENCY .ANTI CONSERVATION STRA'T'EGY (Project Specilne)
(This is applicable to the grantee it this block is checked)
Funding Opportunity Notice DE- FOA- 0000013 (FOA) requires units of local governments to submit a
proposed Energy Efficiency and Conservation Strategy (SECS). °l'he first activity identified on the EEECBS
Activity Worksheet which was submitted with your application was to develop the SECS. Your strategy must follow
Attachment D in the FOA. Your strategy is due no later than 120 days after the effective date of the award identified
in Block 3 of the Assistance Agreement. Please submit your Strategy to the Contracting Officer identified in the
award and submit to the address in Block 16 of the Assistance Agreement. In addition, along with the FIECS, the
following must be submitted, as applicable.
Any additional Project Activities along with the Project Activity Worksheets
SF 424A
Budget Justification
Davis Bacon Wage Assurance
Environmental Questionnaire (one for each new project activity)
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• Forms and instructions to fill them out are available in the FOA DE- FOA- 000013
Email the Strategy plan to:
Original To: Namc of 1'roojcct t )ff icer.. mailing addres's and email address
Copy To: Name of Crswmcling Officer. mailing address and email address
FA -TC -0052 DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Definitions: For purposes of this article, Davis Bacon Act and Contract Work Hours and Safety Standards Act, the
following definitions are applicable;
(1) "Award" means any grant, cooperative agreement or technology investment agreement made with Recovery Act
funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the labor
standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all laborers and
mechanics employed by Recipients (other than a unit of State or local government whose own employees perform
the construction) Subrecipients, Contractors and subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall include
(as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients` contractors,
subcontractors, and lower -tier subcontractors. "Contractor " does not mean a unit of State or local government where
construction is performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor or any tier subcontractor for
construction. alteration, or repair, It may also mean (as applicable) (i) financial assistance instruments such as
grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and
subcontracts issued under financial assistance agreements. "Contract" does not mean a financial assistance
instrument with a unit of State or local government where construction is performed by its own employees.
(4) "'Contracting Officer " means the DOE official authorized to execute an Award on behalf of DOE, and who is
responsible far the business management and non- program aspects of the financial assistance process.
(S) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a
grant, cooperative agreement or technology investment agreement directly from the Federal (:government and is
financially accountable for the use of an y DOE funds or property, and is legally responsible for carrying out the
terms and conditions of the program and Award.
(b) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made
under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower- tier subrecipient. The
term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract,
but does not include the Recipient's procurement of goods and services to carry out the program nor does it include
any form of assistance which is excluded from the definition of "Award" above.
(7) "Subrecipient" means a non-Federal entity that expends Federal funds, received from a Recipient to carry out a
Federal program, but does not include an individual that is a beneficiary of such a program.
(a) Davis Bacon .Act
(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 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
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which is attached hereto and madem part hereof. regardless of any contractual relationship which may be alleged to
exist between the Contractor and such laborers and mechanics.
Contributions made m costs reasonably anticipated for bona fide fringe benefits under section l(6)(2) of the Davis-
RucooActumhobulfnflahorono/muobanicnmnuuoxidem,dwugcopaidtouxch\xhorernorm*cbmnios,uubjuxm
the provisions of paragraph (u)(l)(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 De paid the upproprimewugc rate and fringe benefits oo the wage determination for the
classification of work actually performed, without regard to skill, except as provided in y 5.51(a)(4). Laborers or
mechanics performing work iu more than one clunnifiumbwnmay bc compensated mu 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 io performed. The wage determination (including any additional
classification and wage rates conformed under paragraph {a)(1)(ii) of this section) and the Davis-Bacon poster (WH-
132 })sbu0bcpoxtodmuDtinucnhftheContmcmruudbonubcoutractommt8coitcmfdhe,m,kioupromiuounnd
accessible place where lt can be easily seen hy the workers.
(iU(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers. which isnot
listed lo the wage determination and which iwmho employed under the Contract shall he classified iuconformance
with the wage determination. The Contracting Uffiue,shall approve uo additional clauuifi"utiooand wage rate and
fringe benefits therefore only when the following criteria have been met:
(l)T6c work "wbe performed »y the classification requested io not performed byuc|usmifioudnolo the wage
determination; and
(2) The classification io utilized iu the area by the construction industry; and
(3) The proposed wage rate, including any bona fidcfringe benefits, bears u reasonable relationship to the wage
rates contained (o the wage determination.
(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 beocfitowhere upprop,i`ge),u report uf the action taken shall be sent 6y the Contracting
Officer to the Administrator of the Wage and Hour Division, U.S. Department of I...abor, Washington, DC 202 10.
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 3O-dmy period that additional time lsnecessary.
(C) In the event the Contractor, the laborers to be employed iu the classification mtheir
representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the
amount designated for fringe kcvcfizx.where uppropdote). the Contracting Officer shall refer the questions,
including the views ufall interested parties and the recommendation of the Contracting Officer. tm the Administrator
for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and om advise the Contracting Officer nr will notify the Contracting Officer within the 38-duyperiod that
additional time is necessary.
(D) The wage rate (including fringe boncfimwhere appropriate) determined pursuant uo paragraphs (o)OX[U(8}or
(C)of this section, shall bm paid nnall workers performing work inthe cluonlfioatiovunder this Contract from the
first day on which work is performed in the classification,
(iii) Whenever the minimum wage rate prescribed iuthe Contract for x class pf|uhorer*o, mechanics includes o
fringe heneficwhich is not expressed umuu hourly rate, the Contractor shall either pay the benefit um stated inthe
wage determination nr shall pay another honu5defriogc6cucDtnruo600dyuaa6equi*alenu,hereo[
(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
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fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request
of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or
program.
(2) Withholding, The Department of Energy or the Recipient or Subrecipient 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 under the Housing Act of 1949 in the construction or development of the project), all or part of the wages
required by the Contract, the Department of Energy, Recipient, or :Subrecipient, 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 o f three years thereafter for all laborers and mechanics working at the site ol'the work (or
under the [united States blousing Act of 1937, or under the Housing Act of 1949, in the construction or development
of the project). Such records shall contain the name, address, and social security number of each such worker, his or
her correct classification.. hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereol'of the types described in section I (b)(2)(B) ofthe 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 Department of Energy if the agency is a party to the Contract, but if the agency is not such a party,
the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner,
as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out accurately
and completely all ofthe information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only
need to include an individually identifying, number for each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll information may be submitted in any farm desired. Optional
Form WH -347 is available for this purpose from the Waage and Hour Division Web site at
http: / /www.dol.gov /esa /whd /forms /wh347instr.htin or its successor site. The prime Contractor is responsible for the
submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, and shall provide them upon request to the Department
of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit
them to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy, the Contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation
ofthis section for a prhne contractor to require a subcontractor to provide addresses and social security numbers to
the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the
Recipient or Subrecipient (as applicable), applicant, sponsor, or owner).
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Streamline Bus Shelter
(F3) 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 provided under § 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and complete,
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during
the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 39
(3) That each 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 3729 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 Department of Energy or the
Department of Labor, and shall permit such representatives to interview employees during working hours on the job.
If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency
may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to subunit the
required records upon request or to snake such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Gabor,. Employment and Training Administration, Office of Apprenticeship
Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be
eligible l"or probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice performing work on the
job site in excess ofthe ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall
be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. Ifthe 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
212812011 00 6000 -17 SPECIAL TERMS AND CONDITIONS
Streamline Bras Shelter
determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Office of apprenticeship Training, Employer and Labor
Services,. or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship
program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(ii) 'Trainees. Except as provided in 29 CFR 5. 16. trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in a
program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and 'Fraining administration. The ratio of trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the Employment and Training administration. Every trainee must be paid
at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. any employee listed on the payroll at a trainee rate who is not registered and participating in a training
plan approved by the Employment and 'Training Administration shall be paid not less than the applicable wage rate
on the wage determination for the classification of work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In the event the Employment and
"braining 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 conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29
CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's and Subrecipient';s contractors and
subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other clauses
as the Department of Energy may by appropriate instructions require, and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
(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 shall
not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the
procedures of the Department of I.,abor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this
clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this Contract.. the Contractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of
section 3(a) oft he Act or 29 CFR 5.12(x)(1),
2/2812011 00 6000 -18 SPECIAL TERMS AND CONDITIONS
Streamline Bus Shelter
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award ofuGovernment
contract by virtue of section 3k0ofthe Davis-Bacon Act or 29CfK5,12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. Ax used iu this paragraph, the terms laborers and mechanics
include watchmen and guards.
(l) Overtime requirements. No Contractor or subcontractor contracting for any part uf the Contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such taborer 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 buuzm,ortedio excess of forty bouroKu such workweek.
{2) Violation; liability for unpaid wages; |iquldateddummgox. ln the event of any violation uf the clause set forth in
paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual taborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (b)(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 oibnrty hours without payment of the overtime wages required 6y the clause set forth io paragraph (h)(l)
of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or
Subrecipient 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 oulJ^c,tothe Contract Work 8oun and Safety Standards Act, which in held hy the same
prime contractor, such sums om may be determined t^he necessary tn satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages *y provided iuthe clause set forth im paragraph (6)(2)nfthis
m:otinu
(4) Contracts and Subcontracts, The Recipient, 8ubroip|ont, and Recipient's and 8uhrm:ipieot's contractor o«
subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(I ) through (4) of this section and
also uclause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(l) through (4)of this section.
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the completion of the Contract for all laborers and
mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and
address o{ each such employee, social security number, correct c)ummi5codonm. hourly rates *f wages paid, daily and
weekly number m[ hours worked, deductions made, and actual wages paid. The records to6c maintained under this
paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or
subcontractor will permit such representatives to interview employees during working hours on the job.
FA-TC-D055— RECIPIENT FUNCTIONS
(1) On behalfof the Department of Energy (DOE), Recipient shall perform the following functions:
(a) Obtain, maintain, and monitor all DBA certified payroll records submitted by the Subrecipients and
Contractors at any tier under this Award;
2128/2011 006000'19 SPECIAL TERMS AND CONDITIONS
Streamline Bus Shelter
(b) Review all DBA certified payroll records for compliance with DBA requirements, including applicable
DOE wage determinations;
(c) Notify DOE of any non - compliance with DBA requirements by Subrecipients or Contractors at any tier,
including any non- compliances identified as the result of reviews performed pursuant to paragraph (b) above;
(d) Address any Subrecipient and any Contractor DBA non - compliance issues; if DBA non - compliance
issues cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant
information to DOE;
(e) Provide DOE with detailed information regarding the resolution of any DBA non- compliance issues;
(f) Perform services in support of DOE investigations of complaints filed regarding noncompliance by
Subrecipients and Contractors with DBA requirements;
(g) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA
requirements and as requested by the Contracting Officer; and
(h) Provide copies of all records upon request by DOE or DOE in a timely manner.
(2) All records maintained on behalf of the DOE in accordance with paragraph (f) above are federal government
( DOE) owned records. DOE or an authorized representative shall be granted access to the records at all times.
(3) In the event of, and in response to any Freedom of Information Act, 5 U.S.C. 552, requests submitted to DOE,
Recipient shall provide such records to DOE within 5 business days of receipt of a request from DOE.
FA -RW -0001 RECIPIENT RESPONSIBILITIES FOR DAVIS BACON ACT
(I) On behalfof the Department of Energy (DOE), Recipient shall perform the following functions:
(i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certified payroll records submitted by the
Subrecipients and Contractors at any tier under this Award;
(ii) Review all DBA certified payroll records for compliance with DBA requirements, including applicable DOI,
wage determinations;
(iii) Notify DOE of any non- compliance with DBA requirements by Subrecipients or Contractors at any tier,
including any non - compliances identified as the result of reviews performed pursuant to paragraph (ii) above;
(iv) Address any Subrecipient and any Contractor DBA non - compliance issues; if DBA non - compliance issues
cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant information
to DOE;
(v) Provide DOE with detailed information regarding the resolution of any DBA non- compliance issues;
(vi) Perform services in support of DOE investigations of complaints filed regarding noncompliance by
Subrecipients and Contractors with DBA requirements;
(vii) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA
requirements and as requested by the Contracting Officer;
(viii) Provide copies of all records upon request by DOE or DOL in a timely manner in lieu of the requirement cited
in Clause FA-TC -0050, Section titled "Payrolls and Basic Records," paragraph (b)(1); and (Nat Applicable)
212812011 006000-20 SPECIAL TERMS AND CONDITIONS
Streamline Bus Shelter
(ix) Provide copies of all records upon request by DOE or DOL in a timely manner in lieu of the requirement cited
in Clause FA -TC -0050, Section titled "Subcontracts (Labor Standards)," paragraphs (d)(1) and (d)(2), which require
Standard Form (SF) 1413 be submitted to the Contracting Officer within 14 days after issuance of the award or
subsequent awards. (Nat Applicable)
FA -TC -0056 FINAL INCURRED COST AUDIT
In accordance with 10 CFR 600, DOE reserves the right to initiate a final incurred cost audit on this award. If the
audit has not been performed or completed prior to the closeout of the award, DOE retains the right to recover an
appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit
FA -TC -0057 PROPERTY
Real property, and equipment acquired by the Recipient shall be subject to the rules set forth in 10 CFR 600.130-
137, 10 CFR 600.231 -233, or 10 CFR 600.320 -324 as applicable.
Consistent with the goals and objectives of this project, the Recipient may continue to use Recipient acquired
property beyond the Period of Performance, without obligation, during the period ol'such use, to extinguish DOE's
conditional title to such property as described in 10 CI °R 600.132 -135, 10 CFR 600.231 -233, 600.321 -324, subject
to the fallowing:
(a) the Recipient continues to utilize such property for the objectives of the project as set forth in the Statement of
Project. Objectives,
(b) DOE, retains the right to periodically ask for, and the Recipient agrees to provide, reasonable information
concerning the use and condition of the property; and
(c) the Recipient follows the property disposition rules set forth in the applicable sections of 10 CFR Part 600, if the
property is no longer used by the Recipient for the objectives of the project, and the fair market value of property
exceeds $5,000.
Once the per unit fair market value of the property is less than $5,000.. pursuant to the applicable sections of 10 CFR
Part 600, DOE's residual interest in the property shall be extinguished and Recipient shall have no further obligation
to the DOE with respect to the property.
The regulations as set forth in 10 CFR Part 600 and the requirements of this article shall also apply to property in the
possession of any team member, sub - recipient or other entity where such property was acquired in whole in part
with funds provided by DOE under this grant or where such property was counted as cost - sharing under the grant..
FA -TC -0098 INDEMNITY
The Recipient shall indemnify the Government and its officers, agents, or employees for any and all liability,
including litigation expenses and attorneys` fees, arising from suits, actions, or claims of any character for death,
bodily injury, or loss of or damage to property or to the environment, resulting from the project, except to the extent
that such liability results from the direct fault or negligence of Government officers, agents or employees, or to the
extent such liability may be covered by applicable allowable costs provisions.
FA -TC -0059 ADVANCE PATENT WAIVER
DOE is preparing a Class Waiver of Patent Rights for technology developed under DOE funded awards relating to
DOE's Energy Efficiency and Conservation Block Grant Program (EECBG) under Funding Opportunity
Announcement No. DE -FOA- 0000013. If'the class waiver is granted and the Recipient elects to participate in it,
DOE will modify this award to incorporate the patent waiver terms and conditions. These patent waiver terms and
conditions will be in effect retroactive to the signing of this award.
212812011 006000-21 SPECIAL TERMS AND CONDITIONS
Streamline Bus Shelter
Supplementary Conditions
1. ARRA COMPLIANCE
This project is funded in whole or in part using funds from the American Recovery and
Reinvestment Act (ARRA) of 2009. Successful bidders shall comply with all ARRA
reporting requirements including the City of Bozeman's Award Agreement for the
Energy Efficiency and Conservation Block Grant (EECBG) Program and its Terms and
Conditions. All Term and Conditions will be specifically included in any resulting
contract. Successful bidders must provide any ARRA related documentation as
requested by the Owner or the Architect. For specific information on the ARRA
requirements please see the Assistance Agreement for the City of Bozeman's EECBG
award (Please see attached "Special Terms and Conditions for EECBG Program" for
specific ARRA provisions).
The following list of specific ARRA requirements is neither comprehensive nor
exhaustive. For a complete list of requirements and additional information on each of
the following categories please refer to the Award Agreement and its Terms and
Conditions.
SEGREGATION OF COSTS
Funding under ARRA must not be comingled with any other funds or used for a purpose
other than that of making payments for costs allowable for Recovery Act Projects,
ACCESS TO RECORDS
Section 902 of the ARRA of 2009 provides the City and its representatives the authority:
(a) To examine any records of the Contractor or any of its subcontractors, or any
State or Local agency administering such contract, that directly pertain to, and
involve transactions relating to, the contract or subcontract; and
(b) To interview any officer or employee of the Contractor or any of its
subcontractors, or of any State or Local government agency administering the
Contract, regarding such transactions.
FLOW DOWN REQUIREMENTS
All requirements of the ARRA, the Award Agreement and its Terms and Conditions
must be included in any contract and any subcontract for work related to this project.
WHISTLEBLOWER PROVISION
Any contractor receiving covered funds under ARRA, shall post notice of the rights and
remedies for whistle blowers as required by Section 1553 of ARRA.
2128/2011 006001 -1 SUPPLEMENTARY CONDITIONS - ARRA
Streamline Bus Shelter
FEDERAL WAGE RATE SCHEDULE
Under ARRA requirements, Federal Davis-Bacon Prevailing Wages Rates and Certified
Payroll to allow for tracking of job hours apply to the project. (Reference FA-TC-0038 &
FA-TC-0050 in the attached "Special Terms and Conditions for EECBG Program" for
specific ARRA provisions)
Pursuant to Section 1512 of the ARRA, entities, including the City, receiving ARRA
funds must submit a report to the federal government containing information on the use
of ARRA funds no later than ten (10) calendar days after the end of each calendar
quarter. Accordingly, Contractor agrees to provide the City with such information, no
later than five (5) calendar days after the end of each calendar quarter, as is required by
the City to comply with ARRA reporting requirements. The Contractor shall be
responsible for submitting the name and physical location of all subcontractors or sub-
recipients receiving ARRA funds, Recipients of ARRA funds shall report quarterly on job
hours that were created or retained through Recovery Act funding. Additional
information may be requested per section 1512 of ARRA, its implementing regulations
(2 CFR §176.50), guidance provided by the White House Office of Management and
Budget and the terms of the ARRA assistance agreement.
When invoicing the Project, please provide in writing the number of hours worked and
the wage rate,
SUBCONTRACTOR FLOW-DOWN REQUIREMENTS
Contractor agrees that it shall include these supplemental terms and conditions,
including this requirement, in any of its subcontracts in connection with projects funded
in whole or in part with funds available under the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5.
BUY AMERICA CERTIFICATION
The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661:, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in ARRA-funded projects are produced in the United States, unless a
waiver has been granted or the product is subject to a general waiver. General waivers
are listed in 49 C.F.R. 661.7, and include microcomputer equipment and software.
A bidder or offer or must submit the appropriate Buy America certification (below) with
all bids or offers on ARRA-funded contracts, except those subject to a general waiver.
Bids or offers that are not accompanied by a completed Buy America certification must
be rejected as nonresponsive,
2/2812011 006001-2 SUPPLEMENTARY CONDITIONS - ARRA
Streamline Bus Shelter
Certification requirement for procurement of steel, iron, or manufactured
products.
Certificate of Compliance with 49 U.S. C. 53236)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
53230)(1) and the applicable regulations in 49 C.F.R. Part 661 .5,
Date
Signature
Company Name
Title
Certificate of Non-Compliance with 49 U. S. C. 53236)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C,53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S,C,53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR
SUBRECIPIENTS
American Recovery and Reinvestment Act funds shall not be used directly or indirectly
to employ, award contracts to, or otherwise engage the services of, or fund any
contractor or subrecipient during any period of debarment, suspension, or placement in
ineligibility status under the provisions of 24 CFR Part 24.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY
The Contractor certifies that neither it nor its principals is presently debarred,
suspended, or otherwise excluded from or ineligible for participating in this transaction
or participating in Federal assistance programs.
CONTRACTOR
By:
Print
Name:
212812011 40 6001 -3 SUPPLEMENTARY CONDITIONS - ARRA
Streamline Bus Shelter
Title:
Ik" m L 4 a 91 &N a I m I lzwum
Each entity submitting under this invitation to bid shall include a provision requiring
the submitting entity to affirm in writing it will not discriminate on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or because of actual
or perceived sexual orientation, gender identity or disability and recognizing the
eventual contract will contain a provision prohibiting discrimination as described
above and this prohibition shall apply to the hiring and treatment of the successful
bidder's employees and to all subcontracts.
Failure to comply with the above shall be cause for the City to deem the
submittal non-responsive.
Indemnification
The CONTRACTOR shall, consistent with the standard care, comply with those
Federal, State, and Local laws and ordinances applicable to the work to be done.
The CONTRACTOR agrees to defend, indemnify and hold harmless the OWNER,
its officers, directors, agents and employees from and against any suit, cause of
action, claim, cost, expenses, obligation and liability of any character, including
attorney's fees, which is brought or asserted for any bodily injury, death, or
physical damage to property received or sustained by any person, persons,
property, business or any other entity, arising out of or resulting from, or in
connection with the CONTRACTOR'S negligent performance of the work specified
in this agreement.
Should either OWNER or CONTRACTOR be held responsible, for any damages,
costs or liabilities resulting from intentional misconduct by any officer, director,
agent or employee in connection with the work specified in this Agreement, then in
that event, that party shall defend, indemnify and hold harmless the other as to
any damages, costs or liabilities that result from or arise out of that intentional
misconduct, including reasonable attorney's fees and costs which shall include
costs and salary of the city attorney or other in-house counsel. The
CONTRACTOR agrees to defend OWNER where the OWNER'S alleged liability
212812011 00 6001 -4 SUPPLEMENTARY CONDITIONS - ARRA
Streamline Bus Shelter
arises from intentional misconduct by the CONTRACTOR. Should the OWNER be
found responsible for intentional misconduct by its own officer, director, agent or
employee, then OWNER agrees to reimburse CONTRACTOR for the reasonable
attorney's fees and costs incurred in any defense of the OWNER,
The CONTRACTOR shall perform this agreement as an independent contractor,
and as such, is responsible to the OWNER only as to the results to be obtained in
the work herein specified, and to the extent that the work shall be done in
accordance with the terms, plans and specifications. The CONTRACTOR shall
have and maintain complete control over all of its employees, subcontractors,
agents and operations, being responsible for any required payroll deductions and
providing required benefits, such as, but not limited to worker's compensation with
statutory limits, and unemployment insurance,
212812011 006001 -5 SUPPLEMENTARY CONDITIONS - ARRA
Streamline Bus Shelter
SECTION 011000 - SUMMARY
PART 1 - GENERAL
1.1 PROJECT INFORMATION
A. Project: Streamline Bus Shelter, Architect's Project Number 01-10-05.
1. Project Location: Near North 7 11 Avenue and Tamarack Street, Bozeman, Montana, 59715.
B. Owner: City of Bozeman, 121 North Rouse, Bozeman, Montana 59771
C. Architect: Architecturel 18, P,O, Box 6723, Bozeman, MT 59771, Scott Hedglin, (406) 599-7549.
D. The Work consists of fabrication and assembly of steel and glass bus shelter on an existing concrete pad.
Work also includes the construction of low height stone veneer masonry walls.
1.2 WORK RESTRICTIONS
A. Contractor's Use of Premises: During construction, Contractor will have full use of site indicated. Contractor's
use of premises is limited only by Owner's right to perform work or employ other contractors on portions of
Project.
1 Driveways, Walkways, and Entrances: Keep driveways and entrances serving premises clear and
available to Owner, Owners employees, and emergency vehicles at all times. Do not use these areas
for parking or storage of materials.
B. Nonsmoking Building, Smoking is not permitted within the building or within 25 feet of entrances, operable
windows, or outdoor-air intakes.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01 1000
2128/2011 01 1000 -1 SUMMARY
Streamline Bus Shelter
SECTION 012000 - PRICE AND PAYMENT PROCEDURES
PART 1 - GENERAL
1.1 SUBSTITUTION PROCEDURES
K Substitutions include changes in products, materials, equipment, and methods of construction from those
required by the Contract Documents and proposed by Contractor after award of the Contract.
1. Substitution Request Form: Use Contractor's standard form,
2. Submit two copies of each request for product substitution,
3. Submit requests within ten days after the Notice to Proceed,
4. Do not submit unapproved substitutions on Shop Drawings or other submittals.
5. Identify product to be replaced and show compliance with requirements for substitutions. Include a
detailed comparison of significant qualities of proposed substitution with those of the Work specified, a
list of changes needed to other parts of the Work required to accommodate proposed substitution, and
any proposed changes in the Contract Sum or the Contract Time should the substitution be accepted,
6. Architect will review the proposed substitution and notify Contractor of its acceptance or rejection,
1,2 CONTRACT MODIFICATION PROCEDURES
A. Architect will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment
to the Contract Sum or the Contract Time on Architect's Standard Form,
Owner-initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the
Work.
I Proposal Requests are not instructions either to stop work in progress or to execute the proposed
change.
2. Within ten days after receipt of Proposal Request, submit a quotation estimating cost adjustments to the
Contract Sum and the Contract Time,
C. Contractord nitiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor
may initiate a claim by submitting a request for a change to Architect.
D. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and
Contractor on Architects Standard Form, for all changes to the Contract Sum or the Contract Time,
E. Architect may issue a Construction Change Directive on Architect's Standard Form. Construction Change
Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change
Order,
Construction Change Directive contains a complete description of change in the Work, It also
designates method to be followed to determine change in the Contract Sum or the Contract Time.
F. Documentation: Maintain detailed records on a time and material basis of work required by the Construction
Change Directive. After completion of change, submit an itemized account and supporting data necessary to
substantiate cost and time adjustments to the Contract,
2128/2011 01 2000 -1 PRICE AND PAYMENT PROCEDURES
Streamline Bus Shelter
1.3 PAYMENT PROCEDURES
K Submit mSchedule of Values within ten days after the Notice to Proceed. Break down the Contract Sum into at
least one line item for each Specification Section in the Project Manual table of contents. Coordinate the
schedule of values with Contractors construction schedule,
1. Arrange schedule of values consistent with format ofAIA Document G703.
2. Round amounts b» nearest whole dollar; total shall equal the Contract Sum.
3. Provide separate line items in the schedule of values for initial cost of materials and for total installed
value of that part of the Work.
B. Application for Payment Forms: Use AIA Document G702 and AIA Document G7OU as form for Applications
for Payment.
C. Submit three copies of each application for payment according to the schedule established in
Own er/Con tractor Agreement.
1. With each Application for Payment, submit waivers of mechanic's liens from mubcontroctors, sub-
subcontractors, and suppliers for construction period covered bv the previous application.
m. Owner shall withhold payment inthe amount of5% from each application for payment. Release
of notainage shall occur in accordance with Owner/Contractor agreement and General
Conditions Of the Contract.
b. Owner shall withhold payment in the amount of 1% in accordance with Montana Gross Receipts
Withholding.
2. Submit final Application for Payment with or proceeded hv conditional final waivers from every entity
involved with performance of the Work covered by the application who is lawfully entitled to a lien.
Include insurance certificoten, proof that taxes, fegs, and similar obligations were paid, and
evidence that claims have been settled,
Include consent of surety to final payment.
Submit final meter readings for utilities, a record of stored fuel, and similar data as of the date of
Substantial Completion or when Owner took possession of and assumed responsibility for
corresponding elements of the Work,
PART 2- PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01 2000
2/2812011 012000 -2 PRICE AND PAYMENT PROCEDURES
Streamline Bus Shelter
SECTION 013000 -ADMINISTRATIVE REQUIREMENTS
PART 1 - GENERAL
PROJECT MANAGEMENT AND COORDINATION
A. Coordinate construction operations included in different Sections of the Specifications to ensure efficient and
orderly installation of each part of the Work.
Requests for Information (RFIs): On discovery of the need for additional information or interpretation of the
Contract Documents, Contractor shall prepare and submit an RFI. Use forms acceptable to Architect and
Owner.
C, Schedule and conduct progress meetings at Project site at biweekly intervals, Notify Owner and Architect of
meeting dates and times, Require attendance of each subcontractor or other entity concerned with current
progress or involved in planning, coordination, or performance of future activlties,
1, Record minutes and distribute to everyone concerned, including Owner and Architect.
1.2 SUBMITTAL ADMINISTRATIVE REQUIREMENTS
A. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities
that require sequential activity,
1 No extension of the Contract Time will be authorized because of failure to transmit submittals enough in
advance of the Work to permit processing, including resubmittals.
2. Submit minimum of three copies of each action submittal'. Architect will keep two copies,
& Submit two copies of each informational submittal. Architect will not return copies,
4. Architect will discard submittals received from sources other than Contractor,
B. Place a permanent label or title block on each submittal for identification. Provide a space approximately 6 by
8 inches on label or beside title block to record Contractor's review and approval markings and action taken by
Architect. Include the following information on the label:
1. Project name.
2. Date.
3. Name and address of Contractor.
4. Name and address of subcontractor or supplier,
5, Number and title of appropriate Specification Section.
C. identify deviations from the Contract Documents on submittals.
D. Contractor's Construction Schedule Submittal Procedure: Submit two copies of schedule within ten days after
date established for Commencement of the Wok
212812011 01 3000-1 ADMINISTRATIVE REQUIREMENTS
Streamline Bus Shelter
PART 2 - PRODUCTS
2,1 ACTION SUBMITTALS
A. Product Data: Mark each copy to show applicable products and options. Include the following:
1. Manufacturer's written recommendations, product specifications, and installation instructions.
2, Wiring diagrams showing factory - installed wiring.
1 Printed performance curves and operational range diagrams,
4. Testing by recognized testing agency.
5. Compliance with specified standards and requirements,
B. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings
on reproductions of the Contract Documents or standard printed data. Submit on sheets at least 8-112 by 11
inches but no larger than 24 by 36 inches. Include the following:
1. Dimensions and identification of products.
2. Fabrication and installation drawings and roughing-in and setting diagrams,
3. Wiring diagrams showing field-installed wiring.
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement,
C. Samples: Submit Samples for review of &d, color, pattern, and texture and for a comparison of these
characteristics between submittal and actual component as delivered and installed. Include name of
manufacturer and product name on label.
If variation is inherent in material or product, submit at least three sets of paired units that show
variations.
2.2 INFORMATIONAL SUBMITTALS
A. Qualification Data: Include lists of completed projects with project names and addresses, names and
addresses of architects and owners, and other information specified.
B. Product Certificates: Prepare written statements on manufacturers letterhead certifying that product complies
with requirements in the Contract Documents,
23 DELEGATED DESIGN SERVICES
A. Performance and Design Criteria: Where professional design services or certifications by a design
professional are specifically required of Contractor by the Contract Documents, provide products and systems
complying with specific performance and design criteria indicated.
1. If criteria indicated are not sufficient to perform services or certification required, submit a written
request for additional information to Architect.
B. Delegated-Design Submittal: In addition to Shop Drawings, Product Data, and other required submittals,
submit three copies of a statement, signed and sealed by the responsible design professional, for each product
and system specifically assigned to Contractor to be designed or certified by a design professional.
212812011 013000-2 ADMINISTRATIVE REQUIREMENTS
Streamline Bus Shelter
Indicate that products and systems comply with performance and designcrftmia in the Contract
Documents, Include list of codes, loads, and other factors used in performing these services.
PART 3-EXECUTION
31 SUBMITTAL REVIEW
A. Review each submittal and check for coordination with other Work Uf the Contract and for compliance with the
Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to
Architect.
B. Architect will review each action submittal, make marks to indicate corrections ormodifications required, will
stamp each submittal with an action stamp and will mark stamp appropriately to indicate action,
C. Submittals not required by the Contract Documents may not be reviewed and may be discarded,
END OF SECTION 01 3000
212812011 013000'3 ADMINISTRATIVE REQUIREMENTS
Streamline Bus Shelter
SECTION 014000- QUALITY REQUIREMENTS
PART 1 - GENERAL
SECTION REQUIREMENTS
A. Referenced Standards: If compliance with two or more standards is specified and the standards establish
different or conflicting requirements, comply with the most stringent requirement. Refer uncertainties to
Architect for a decision.
B, Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum.
The actual installation may exceed the minimum within reasonable limits. Indicated numeric values are
minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a
decision.
C. Permits, Licenses, and Certificates: For Owners records, submit copies of permits, licenses, certifications,
inspection reports, notices, receipts for fee payments, and similar documents, established for compliance with
standards and regulations bearing on performance of the Work,
D. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control
services with a minimum of delay and to avoid necessity of removing and replacing construction to
accommodate testing and inspecting,
Schedule times for tests, inspections, obtaining samples, and similar activities.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 014000
2J28/2011 01 4000 -1 QUALITY REQUIREMENTS
Streamline Bus Shelter
SECTION 016000 - PRODUCT REQUIREMENTS
PART 1'GENERAL
1.1 SECTION REQUIREMENTS
A. The term "product' includes the terms "material," "equipment," "system," and terms of similar intent,
B. Comparable Product Requests:
1. Submit request for consideration of each comparable oroduct. Oo not submit unapproved on
Shop Drawings ur other submittals.
2, Identify product 10 be replaced and show compliance with requirements for comparable product
requests. Include a detailed comparison of significant qualities of proposed substitution with those of
the Work specified.
S� Architect will review the proposed product and notify Contractor of its acceptance or rejection,
C. Bexis-of-Dem|gn Product Specification Submittal: Show compliance with requirements,
D, Compatibility of Options: If Contractor is given option of selecting between two or more pmduots, selec
product compatible with products previously selected.
E. Deliver, ntore, and handle products using means and methods that will prevent damage deterioradon, and
loss, including thoM. Comply with manufacturers written instructions.
1. Schedule delivery to minimize long-term storage at Pro site and to prevent of
construction spaces,
2. Deliver products ho Project oi0oinmamufactunar'sodgina|onaledoonta|nerurpaokaginQ,00mplehawiUh
labels and instructions for handling, storing, unpacking, protecting, and installing.
3. Inspect products on delivery to ensure compliance with the Contract Documents and to onnUve that
products are undamaged and properly protected.
4. Store materials ina manner that will not endanger Proj a\0otunn.
5. Store products that are subject to damage by the elements, under cover in a wosdhertight enclosure
above ground, with ventilation adequate kx prevent condensation.
Warranties specified in other Sections shall buin addition to, and run concurrent With, other warranties
required by the Contract Documents, Manufacturer's disclaimers and limitations on product warranties do not
relieve Contractor of obligations under requirements of the Contract Documents.
PART 2 - PRODUCTS
A Provide products that comply with the Contract Documents, are undamaged, and are new at the time of
2/28/2011 016008'1 PRODUCT REQUIREMENTS
Streamline Bus Shelter
1. Provide products complete with accessories, trim, finish, and other devices and components needed for
a complete installation and the intended use and effect.
2, Deochp{ive, pehonnanma, and reference standard mqu|n*monba in the Specifications establish sehen1
characteristics (fproducts,
B. Product Selection Procedures:
1- Where Specifications name a single manufacturer and product, provide the named product that
complies with requirements.
2. VVhona Specifications name o single manufacturer or source, provide m product by the named
manufacturer or source that complies with requirements,
3� Where Specifications include a list of names of both available manufacturers and products, provide one
of the products listed, or an unnamed product, that complies with requirements. Comply with
requirements for "comparable product requests" for consideration of an unnamed product,
4. VVham Specifications include e |ia[ of available manufactumm, provide a product by one of the
manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements,
Comply with requirements for 'oompomb|o product requests" for consideration of an unnamed
manufacturers product.
5. Where Specifications name a single product, or refer to a product indicated on Drawings, as the "basis-
of-design," provide the named product, Comply with provisions for "comparable product requests" for
consideration ofan unnamed product by another manufacturer,
C. Where Specifications require "match Architect's oample," prov ide a product that comp with requirements
and matches Architect's sample, Architects decision will be final on whether e proposed product matches,
D. Unless otherwise indicated, kchiteGt Will Select color, gloss, pattern, density ortexture from manufacturer's
product line that includes both standard and premium items.
PART 3 - EXECUTION (Not Used)
END OF SECTION 01OUO0
2/28[2011 016008-2 PRODUCT REQUIREMENTS
Streamline Bus Shelter
SECT Q17OUO- EXECUT AND CLOSEOUT REQUIREMENTS
PART 1 - GENERAL
CLOSEOUT PROCEDURES
A. Substantial Completiow Before requesting Substantial complete thgfo8owlng�
1, Prepare alist of items to be completed and corrected (punch list). the value of items on the list, and
reasons why the Work is not complete.
2. Advise Owner nf pending insurance changeover requirements.
3. Submit specific warranties, maintenance service agreements, and similar documents,
4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and
utilities, Include occupancy permits, operating certificates, and similar releases,
5, Submit record Drawings, operation and maintenance manua|s, property uumaya, and similar final
record information,
8. Deliver tools, spare parts, extra materials, and similar items.
7. Make final changeover of permanent locks and deliver keys toOwner.
8. Complete startup testing ofsystems.
S. Remove temporary facilities and controls,
10. Submit changeover information related to Owners occupancy, use, operation, and maintenance,
11, Complete final cleaning requirements, including touchup painting,
12. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects,
Submit a written request for inspection for Substantial CmmoleUon. On receipt ofrequest, Architect will
proceed with inspection or advise Contractor nf unfulfilled requirements. Architect will prepare the Certificate
of Substantial Completion after inspection or will advise Contractor of items that must be completed or
corrected before certificate will beissued.
C. Request inspection for Final Completion, once the following are complete:
1. Submit acopy of Substantial Completion ins list stating that each item has been completed or
otherwise resolved for acceptance.
2. |motmoi Owner's personnel in opnration, adjuohnomL and maintenance of pKzduots, eqnipment, and
oymomo.
D. Request when the Work identified in previ inspections as incomplete is completed or
E Submit owritten request for final inspection for acceptance, On receipt of request, Architect will proceed with
inspection or advise Contractor of unfulfilled requirements. Architect will prepare final Certificate for Payment
after inspection or Vill advise Contractor of items that must be completed or corrected before certificate will be
issued,
2/28/2011 017000-1 EXECUTION AND CLOSEOUT REQUIREMENTS
Streamline Bus Shelter
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 EXAMINATION AND PREPARATION
A. Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer
or Applicator present where indicated, for compliance with requirements for installation tolerances and other
conditions affecting performance.
1. Verify compatibility with and suitability of substrates.
2. Examine roughing-in for mechanical and electrical systems,
3. Examine walls, floors, and roofs for suitable conditions.
B. Proceed with installation only after unsatisfactory conditions have been corrected.
C. Take field measurements as required to fit the Work properly. Where portions of the Work are indicated to fit
to other construction, verify dimensions of other construction by field measurements before fabrication.
D. Verify space requirements and dimensions of items shown diagrammatically on Drawings.
3.2 CONSTRUCTION LAYOUT AND FIELD ENGINEERIING
A. Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property
survey and existing benchmarks,
I ► Z F."y M- "T - I t] 10
A. Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated,
Make vertical work plumb and make horizontal work level.
Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for
the best visual effect. Fit exposed connections to form hairline joints.
Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated.
Maintain minimum headroom clearance of 96 inches in occupied spaces and 90 inches in unoccupied
spaces.
Comply with manufacturer's written instructions and recommendations,
C. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in
excess of that expected during normal conditions of occupancy.
D. Use products, cleaners, and installation materials that are not considered hazardous.
Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely
anchor each component in place. Obtain and distribute to the parties involved templates for work specified to
be factory prepared and field installed.
212812011 017000 - 2 EXECUTION AND CLOSEOUT REQUIREMENTS
Streamline Bus Shelter
3.4 CLEANING
A. Clean Pro site and work areas daily, lnnludino common areas, Dispose ufmaterials lawfully,
1. Remove liquid s
2. Where dust would impair proper execution of the Wbrk, broom-clean or vacuum the entire work area,
as appropriate.
3, Remove debris from concealed spaces before enclosing the space.
13, Complete the following cleaning operations before requesting inspection for certification of Substantial
1. Remove labels that are not perm
2. Clean transparent moterals, including minnm. Remove excess glazing compounds. Replace chipped
or broken glass.
3. Clean exposed finishes to a dust-free condiUVn, free of stains, films, and forei substances. Sweep
concrete floors broom clean,
4. Vacuum carpeted surfaces and wax resilient flooring.
5. Wipe surfaces nf mechanical and electrical equipment. Remove excess lubrication. Clean plumbing
fixtures, Clean light fixtures, |ampv, globes, and reflectors,
G. Clean Project site, yard, and grounds, in areas disturbed by construction activities, Sweep paved
uraew� remove stains, spi|ln, and foreign dnpnmits. Rake grounds to a omuoth, even-textured surface.
END OF SECT�ON 017000
2/28X2011 017000 -3 EXECUT AND CLOSEOUT REQUIREMENTS
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