HomeMy WebLinkAboutStiff Building Re-Roof CITY OF BOZEMAN, MONTANA
ALFRED M. STIFF PROFESSIONAL BUILDING RE-ROOF PROJECT
FEBRUARY, 2012
TABLE OF CONTENTS
CONTRACT DOCUMENTS
Invitation to Bid
Instructions to Bidders
Bid Form
Bid Bond
Agreement Form
Payment and Performance Bonds
Standard General Conditions of the Construction Contact
Supplementary Conditions
Montana Prevailing Wage Rates
Standard Forms
CONSTRUCTION SPECIFICATIONS
Special Provisions
Technical Specifications
CITY OF BOZEMAN,MONTANA
REQUEST FOR ROOFING BIDS
SEEKING RESPONSES TO THIS BID REQUEST FROM ROOFING CONTRACTORS
WITH PROVEN EXPERIENCE WITH COMMERCIAL FLAT MEMBRANE ROOFS
The roof on the Alfred M. Stiff Professional Building at 20 East Olive is scheduled for
replacement. The City is requesting bids for a tear off and replacement of the commercial flat
roof. A copy of the bid specifications is available from the Bozeman City Clerk at 121 North
Rouse Ave. Phone number is 406-582-2321. A copy is also accessible on the City's web page at
Bozeman.net
Separate sealed BIDS from roofing contractors with proven experience with commercial flat
membrane roofs will be received by the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box
1230, Bozeman, Montana 59771-1230. All BIDs will be received until 2:00 p.m.,local time,
Tuesday,February 21, 2012.
Please write the name of the proiect:
Alfred M. Stiff Professional Buildiniz Roof Replacement on the front of the sealed bid
The physical address is:
City Clerk's Office, Suite 102, City Hall, 121 N. Rouse Avenue, Bozeman, Montana.
The mailing address is:
City Clerk's Office, Suite 102, City Hall, P.O. Box 1230, Bozeman,Montana, 59771.
BIDs must be received before 2:00 p.m. Tuesday,February 21, 2012. A public bid opening
will then take place in the Commission Meeting Room at City Hall at 2:00 p.m.. Original
copies must be submitted—no faxed of electronic bids will be accepted.
For additional information, or to schedule a site inspection,please contact James Goehrung,
Superintendent of Facility Services, City of Bozeman. Phone (406) 582-3232. E-mail
igoehrung@bozeman.net
CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project
will be required to obtain registration with the Montana Department of Labor and Industry
(DLI). Forms for registration are available from the Department of Labor and Industry, P.O.
Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be
obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the
DLI prior to bidding on this project, but must have registered prior to execution of the
Construction Agreement. All laborers and mechanics employed by CONTRACTOR or
subcontractors in performance of the construction work shall be paid wages at rates as may be
required by the laws of Gallatin County and the state of Montana.
Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond
payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the
total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and
a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the
contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a
certificate(s) of that insurance shall be provided.
No bid may be withdrawn after the scheduled time for the public opening of bids, which is at
2:00 p.m. local time,February 21,2012.
The right is reserved to reject any or all proposals received, to waive informalities, to postpone
the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest
responsive and responsible bid which is in the best interest of the OWNER.
The Contractor is required to be an Equal Opportunity Employer.
Any submitting entity under this invitation to bid must sign and return the required affirmation
stating that they will not discriminate on the basis of race, color, religion, creed, sex, age, marital
status, national origin, or because of actual or perceived sexual orientation, gender identity or
disability in the exercise of contract should it be awarded to that entity. Each entity submitting
under this notice shall also recognize in writing the eventual contract will contain a provision
prohibiting discrimination as described above and this prohibition on discrimination shall apply
to the hiring and treatment of the Contractor's employees and to all subcontracts.
The City of Bozeman is required to be an Equal Opportunity Employer.
Dated at Bozeman,Montana,this 2nd day of January, 2012.
Stacy Ulmen, CMC
City Clerk, City of Bozeman
Published Bozeman,Montana
February 5, 2012
February 12, 2012
INSTRUCTIONS TO BIDDERS
BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All
Bids must be legibly written in ink,with all prices given in figures and total bid amount given in words
and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed
forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission,City
Hall,121 North Rouse Ave.,P.O.Box 1230,Bozeman,Montana 59771-1230, and endorsed on the
outside of the envelope with the words: CITY OF BOZEMAN ALFRED M. STIFF
PROFESSIONAL BUILDING ROOF REPLACEMENT.
Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations
therefrom may be considered as sufficient cause for rejection.
Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular.
BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee,in the amount
stipulated in the Invitation To Bid,made unconditionally payable to the Owner,which may be either a
Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety
company authorized to do business in the State of Montana will also be acceptable.
SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with
his business address or place of residence. In case of a firm or partnership,the name and residence of
each member must be inserted. In case the Bid is submitted by,or on behalf of,a corporation,it must be
signed in the name of such corporation by an official who is authorized to bind the corporation,and who
shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a
person other than a corporate officer must be accompanied by a Power of Attorney showing that person's
authority.
ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names
will not be received from one firm or association.
RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another,or of others,may
be required to submit satisfactory evidence of this authority to do so.
The title of the person(s)executing the Bid or Agreement shall be clearly indicated beneath his signature.
QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they
have a practical knowledge of the particular work bid upon, and that they have the necessary financial
resources to complete the proposed work.
In determining the lowest responsible bid, the following elements will be considered: whether the
Bidder involved(a)maintains a permanent place of business;(b)has adequate plant and equipment to do
the work properly and expeditiously; (c)has a suitable financial status to meet obligations incident to
1 INSTRUCTIONS TO BIDDERS
the work; and (d)has appropriate technical experience.
Each Bidder may be required to show that former work performed by him has been handled in such a
manner that there are no just or proper claims pending against such work. No Bidder will be acceptable
if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall
demonstrate his ability by meeting all requirements herein stipulated, if asked for them.
CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification,6th
Edition(MPWSS),shall be used to govern the contractual and performance aspects ofthis project,and is
hereby incorporated as part of these CONTRACT DOCUMENTS,as modified by the City of Bozeman
Modifications to Montana Public Works Standard Specifications 6t'Edition(COB MODS),dated March
31,2011,including all addenda which is also hereby incorporated as part of these contract documents,
and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized
in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid
document.
Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of
the project and detail modifications to the MPWSS made by the City of Bozeman,in order to assist the
Contractor in preparation of his Bids.
The complete CONTRACT DOCUMENTS which comprise this entire document,and are made a part
hereof, consist of the following:
Invitation to Bid............................ Bound Herein
Instructions to Bidders.................. Bound Herein
Bid Form...................................... Bound Herein
Bid Bond...................................... Bound Herein
Agreement Form...........................Bound Herein
Payment Bond..............................MPWSSBound Herein
Performance Bond........................MPWSS/Bound Herein
Standard General Conditions........MPWSS/Bound Herein
Supplementary Conditions............MPWSS/Bound Herein
Miscellaneous Forms
Notice of Award..................Bound Herein
Notice To Proceed............. MPWSS/Bound Herein
Field Order...................MPWSSBound Herein
Change Order.....................MPWSSBound Herein
Work Directive Change.......MPWSS/Bound Herein
Application For Payment
(Guidance Only)............... Bound Herein
Certificate of Substantial
Completion........................MPWSS
Order to Contractor to
Suspend Work...............Bound Herein
2 INSTRUCTIONS TO BIDDERS
Order to Contractor to
Suspend Work...............Bound Herein
Order to Contractor to
Resume Work...............Bound Herein
Contractors Certificate
And Release...............MPWSS
Lien Waiver for Prime
Contractor................MP W S S
Lien Waiver for
Subcontractor/Supplier...MPWSS
Wage Rates...................................Bound Herein
Special Provisions..........................Bound Herein
Technical Specification...................MPWSS, COB MODS, & Bound Herein
Appendix A--Drawings......... Bound Herein
EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid,each Bidder
must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with
location conditions that may in any manner affect cost, progress or performance of the Work, (c)
familiarize himself with federal,state and local laws,ordinances,rules and regulations that may in any
manner affect cost,progress or performance of the Work;and(d)study and carefully correlate Bidder's
observations with the Contract Documents.
Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent
physical conditions at the site (if any) which have been relied upon in preparing the drawings and
specifications. These reports are not guaranteed as to accuracy or completeness,nor are they part ofthe
Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such
additional investigations and tests as the Bidder may deem necessary to determine his Bid for
performance of the Work in accordance with the time, price and other terms and conditions of the
Contract Documents.
On request,Owner will provide each Bidder access to the site to conduct such investigations and tests as
each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated
costs of such investigations are the responsibility of the Bidder.
The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands
designated for use by Contractor in performing the Work are identified in the specifications or on the
drawings.
The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has
complied with every requirement of this section and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for performance of the work.
Where logs of test borings are included in the contract plans,it is agreed that such logs do not constitute
3 INSTRUCTIONS TO BIDDERS
a part of the contract and are included only for the convenience of the bidder or Contractor and do not
relieve him of his duties under this section or of any other responsibility under the contract.
No information derived from any inspection of records of investigation or compilation thereof made by
the Owner will in any way relieve the bidder or Contractor from properly performing his obligations
under the contract.
UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is
approximate and the Owner assumes no responsibility for determining the exact location. The
Contractor shall note the reference to utility lines and service lines for various utilities as noted on the
drawings and that the approximate location may or may not be given. The Contractor shall make written
inquiry ofthe related utility agency to determine the location of underground utilities in the project area.
INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for
the proposed contract is in doubt as to the true meaning of any part of the specifications, or other
proposed Contract Documents, he may submit to the Owner a written request for an interpretation
thereof. The person submitting the request will be responsible for its prompt delivery. Any
interpretation of the proposed documents will be made only by an addendum duly issued and a copy of
any such addendum will be mailed or delivered to each person receiving a set of such documents.
TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract.
It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the
stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially
Completed are set forth in the Bid Form and the Agreement Form.
LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form.
ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract
Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall
be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid
in which all issued addenda are not acknowledged will be considered incomplete and will not be read.
PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents.
Neither the proposal nor any other pages bound herein or attached hereto shall be detached.
Proposals shall be in a sealed envelope and addressed to:
City Clerk
City Hall
121 North Rouse Ave.
P.O. Box 1230
Bozeman,MT 59771-1230
The envelope shall also contain the following information:
4 INSTRUCTIONS TO BIDDERS
Name of Project: ALFRED M. STIFF PROFESSIONAL BUILDING ROOF REPLACEMENT
PROJECT.
Name of Contractor:
Montana Certificate of Contractor Registration No.
Acknowledge Receipt of Addendum No.: ,
In the lower left hand corner of the envelope print or type:
BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M.
February 21,2012.
Proposals shall be made in accordance with the following instructions:
A. Submit one copy of the complete bound document in an opaque sealed envelope. DO
NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT
DOCUMENT.
B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these
documents.
C. All blank spaces must be properly filled.
D. The total bid price must be stated in both writing and in figures. In case of a discrepancy
between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the
total bid price.
E. The proposal form shall contain no additions,conditions,stipulations,erasures,or other
irregularities.
F. The proposal must acknowledge receipt of all addenda issued.
G. The proposal must be signed in ink and display the bidder's name, address, and current
Montana Contractor's License Number.
H. The proposal must include a completed and signed Non-discrimination affirmation form.
SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a
power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed.
Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in-
5 INSTRUCTIONS TO BIDDERS
fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing
authority to sign the bid.
Bids which are signed for a corporation shall have the correct corporate name thereof signed in
handwriting or in typewriting and the signature of the president or other authorized officer of the
corporation shall be manually written below the written or typewritten corporate name following the
work:
By:
Corporate Seal
Title:
If bids are signed for any other legal entity, the authority of the person signing for such legal entity
should be attached to the bid.
TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at
any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not
reveal the bid price, but shall only provide the addition or subtraction from the original proposal.
Telegraphic proposal modifications must be verified by letter. This written confirmation shall be
received no later than three working days following the bid opening or no consideration will be given to
the telegraphic modification.
BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying
fully with the plans and specifications and, in the event he names in his bid materials or equipment
which do not conform, he will be responsible for furnishing materials and equipment which fully
conform at no charge in his bid price.
Before submitting a proposal,each Contractor should read the complete Contract Documents(including
all addenda), specifications and plans,including all related documents containing herein, all of which
contain provisions applicable not only to the successful bidder, but also to his subcontractors.
BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the
proposed work and by such other means as they may prefer as to the correctness of any quantities.
The estimated unit quantities of the various classes of work to be done under this contract are
approximate and are to be used only as a basis for estimating the probable cost of the work and for
comparing the proposals offered for the work. The Contractor agrees that,during progress of the work,
6 INSTRUCTIONS TO BIDDERS
the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as
may be deemed necessary or desirable, that the actual amount of work to be done and materials to be
furnished may differ from the estimated quantities, and that the basis for payment under this contract
shall be the actual amount of work done and the materials furnished.
The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on
account of any difference which may be found between quantities of work actually done and the
estimated quantities.
WITHDRAWAL OF BID No Bidder may withdraw his Bid after the date and hour set for the opening
declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time
prior to the expiration of the period during which Bid may be submitted,which request must be signed in
the same manner and by the same person or persons who signed the Bid.
ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the
Bids,or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or
schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the
best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or
reject nonconforming,non-responsive or conditional Bids and to correct arithmetical errors in the Bid
prior to comparison.
SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other
Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work.
An experience statement with pertinent information as to similar projects and other evidence of
qualification shall be furnished for each named subcontractor,if requested by the Owner. If the Owner
or Engineer after due investigation has reasonable objection to any proposed Subcontractor,they may,
before giving the Notice of Award,request the apparent low Bidder to submit an acceptable substitute.
If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the
contract price. If the apparent low Bidder declines to make any such substitution,the contract may not
be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture
of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written
objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and
Engineer.
Contractor shall not be required to employ any subcontractor against whom he has reasonable objection.
The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will
be required in the performance of the work.
AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without
limitation,nonconfonning,nonresponsive,unbalanced, or conditional Bids. OWNER further reserves
the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be
non-responsible.OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be
7 INSTRUCTIONS TO BIDDERS
in the best interest of the Project to make an award to that Bidder,whether because bid is not responsive,
or the Bidder is unqualified or of doubtful financial ability,or fails to meet any other pertinent standard
or criteria established by the OWNER.The OWNER also reserves the right to waive all informalities not
involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder.
In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed
requirements,and such alternatives, unit prices and other data,as may be requested in the Bid Form or
prior to the Notice of Award.
In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the
qualifications and experience of Subcontractors, Suppliers,and other individuals or entities proposed for
those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or
entities must be submitted as provided in the Supplementary Conditions.
OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility,
qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or
entities to perform the Work in accordance with the Contract Documents.
If the Contract is to be awarded,OWNER will award the Contract to the Bidder whose Bid is in the best
interests of the Project. Consideration factors will include conformance with all material terms and
conditions of the Contract Documents, Bid price, and other appropriate factors.
If the Contract is to be awarded,OWNER will give the Successful Bidder a Notice of Award within sixty
(60) days after the day of the bid opening.
The OWNER reserves the right to cancel the award of any contract at any time before the complete
execution of said Agreement by all parties without any liability against the OWNER.
If,at any time this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the
funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such
other action as best serves the Owner's interests.
CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at
any time before the complete execution of the Agreement by all parties without any liability against the
Owner.
RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be
returned immediately following the opening and checking of the Bids. The Bid guarantees of the
unsuccessful of the three lowest Bidders will be returned within ten(10)days following the award of the
contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said
Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter
stipulated.
PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be
8 INSTRUCTIONS TO BIDDERS
required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount
equal to one-hundred percent(100%) of the Agreement amount.
The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do
business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a
Montana Resident Agent.
With the Bonds,there shall be filed with the Owner one copy of Power of Attorney certified to include
the date of the Bond.
EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful
Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the
Agreement is not executed by the Owner within fifteen(15)days following receipt from the Bidder of
the signed Agreements and Bonds,the Bidder shall have the right to withdraw his Bid without penalty.
No Agreement shall be considered as effective until it has been fully executed by all of the parties
thereto.
FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance
Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment
of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of
damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the
work may be re-advertised as the Owner may decide.
BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders,Bid Form,Bond
forms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of
Contract Documents prior to submission of Bid.
PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within
the time period specified in and in accordance with the procedures outlined in the General Conditions.
Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days
after approval of the payments.Payments made after the time limit will be subject to interest at the rate
specified in the Agreement.
When the work extends beyond thirty(30)days,progress payments will be made monthly for any work
accomplished during the preceding month, but subject to retainage as specified elsewhere.
PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all
subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard
prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where
the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-
2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana
Commissioner of Labor for information on the standard prevailing rate of wages applicable to this
contract within this area.
9 INSTRUCTIONS TO BIDDERS
POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible
statement of all wages to be paid to the employees.
LOCAL LABOR Contractor shall give preference to the employment of Montana residents in
accordance with applicable portions of Title 18, Chapter 2,Part 4,MCA.
MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the
contractor's subcontractors doing work on this project will be required to obtain registration with the
Montana Department of Labor and Industry(DLI). Information pertaining to the Montana Contractor
Registration requirements may be obtained from the Montana State Department of Revenue, Helena,
Montana. (1-800-556-6694)
ADDITIONAL CONTRACTOR LICENSE FEE(MONTANA CONTRACTORS GROSS RECEIPTS
TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other
amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the
Contractor and shall transmit such moneys to the Montana Department of Revenue.
BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a
preference of three percent(3%)will be given to the lowest responsible Bidder who is a resident of the
State of Montana over a nonresident Bidder. This preference applied unless specifically prohibited by
Federal laws or regulations. Products manufactured or produced in the State of Montana shall be
preferred for use in all projects if such products are comparable in price and quality. Further,wherever
possible,products manufactured and produced in the State which are suitable substitutes for products
manufactured or produced outside the State and comparable in price, quality and performance shall be
preferred for use in this project. Preference regarding these products shall be in accordance with the laws
of the State of Montana.
10 INSTRUCTIONS TO BIDDERS
NON-DISCRIMINATION AFFIRMATION FORM
[name of entity submitting]hereby affirms it will not discriminate
on the basis of race,color,religion,creed,sex,age,marital status,national origin,or because
of actual or perceived sexual orientation, gender identity or disability in the performance of
work performed for the city of Bozeman,if a contract is awarded to it,and also recognizes the
eventual contract,if awarded,will contain a provision prohibiting discrimination as described
above and that this prohibition shall apply to the hiring and treatment of the
[name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement with the city of Bozeman.
Signature of Bidder:
Person authorized to sign on behalf of the bidder
BID FORM
The Alfred M. Stiff Professional Building Roof Replacement
Bozeman,MT
BID PACKAGE:
Submitted By:
To: Bozeman City Clerk Phone (406) 582-2320
121 North Rouse Ave.
Bozeman,MT 59715
We,the undersigned bidder, having carefully read the Documents for the proposed contract, including the
General Conditions, Supplementary Conditions, Specifications, and Drawings and having carefully
ascertained the conditions under which the Work is to be performed, hereby bid and offer to enter into a
Contract to perform the Work as described in accordance with the Documents,complete and ready for use
by the time specified, for the price of:
Base Bid: (Including 1%Gross Receipts Tax)
Dollars. $
Cost to Provide 100%Performance and Payment Bond (Base Bid) $
Specifications
1. Remove the existing Hypalon and built-up
roofing down to the wood deck $
2. Inspect the existing deck and replace any
damaged or deteriorated decking. $
3. Price per square foot for replacement
of needed decking—quantity to be
verified with Owner. cost per sq. ft. $
4. InstalI two layers of 1.5"Poly Iso roof
insulation and mechanically attach per
manufacturer's specifications. $
5. Raise and install blocking or extend curb
height to meet manufacturer's recommendations
on all roof top mechanical units and roof hatch. $
6. Remove abandoned roof vents,seal off and re-deck
area as needed. $
7. Install a 42"safety rail along the north side of the
roof hatch,(5 ft long, Owner provided). $
8. Install a mechanically attached 60 mil TPO
membrane roof system,white color. $
Bid Form—pg 1
9. Flash all curbs and penetrations
to manufacturer's specifications,
(at least 60 mil membrane). $
10. Flash new 4 inch round antenna support
to be installed by owner. $
11. Install 24 gauge Kynar, (or other approved finished
metal)gravel stop edge flashing. Metal flashing
to extend back onto the roof deck and sealed with
membrane flashing strip. $
12. Provide a 10 year manufacturer's warranty to the
Owner. $
TOTAL BASE BID: $
TOTAL BASE BID WRITTEN NUMBER:
ALTERNATES (Please Circle One)
1. Provide a layer of high density Poly
Iso Den's Deck '/"or%2" (Add or Deduct) $
2. Substitute a white 60 mil reinforced
EPDM roof membrane and install
per manufacturer's recommendations. (Add or Deduct) $
3. Supply and install roof traffic
walk pad material to all
roof-top mechanical units. (Add or Deduct) $
4. Install insulation using 3 inch RhinoBond
Insulation plates and screws. (Add or Deduct) $
5. Install 2 new bathroom fan roof
penetration vents. (Add or Deduct) $
6. Provide a 15 year manufacturer's
warranty to the Owner. (Add or Deduct) $
Cost to Adjust 100%Performance and Payment Bond for the Alternates %.
(Alternate bids should not include the cost of bonding. If the alternates are accepted and a bond is
required,the above bid amount will be adjusted on a percentage basis as provided.)
Bid Form—pg 2
PERIOD OF ACCEPTANCE:
The bidder agrees that this bid shall remain open for acceptance and the price shall remain firm and
unchanged and notwithstanding any error in the Bid at the amount stated for a period of sixty (60) days
from the date of closing of this Bid.
CONTRACT:
The bidder agrees that this Bid is subject to a formal Contract included in the bid package.
The bidder agrees to execute the Contract within 14 days of notification of the acceptance of his bid and
to provide Certificates of Insurance including Worker's Compensation Insurance.
The Bidder shall furnish 100% Performance and Payment Bonds, if required by the Construction
Manager. Cost of said bonds is listed as a bid item to the base bid above. Alternates will be adjusted
based upon the percentage stated.
ADDENDAS:
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
SUBMITTED BY:
Company:
Name of Bidder:
Signature of Bidder:
Dated:
License No.
Telephone No.
Fax No.
Email
ATTACHMENTS: (On Bidder's own letterhead)
Attachment A — Clarifications and Qualifications — Include any clarifications or qualifications of bid proposal. These
clarifications and qualifications shall only be provided for information only and may or may not influence the award.
Bid Form—pg 3
NOTICE TO PROCEED
Dated:
TO:
ADDRESS:
Contract: Alfred M. Stiff Professional Building Re-Roof Project
Project: Same
OWNER'S CONTRACT NO. None
You are notified that the Contract Times under the above contract will commence to run
on . By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 4 of the Agreement,the date of Substantial Completion is
and the date of readiness for final payment is
Before you may start any Work at the Site,paragraph 2.7 of the General Conditions
provides that you and Owner must each deliver to the other(with copies to Engineer and other
identified additional insureds) certificates of insurance which each is required to purchase and
maintain in accordance with the Contract Documents.
Also, before you may start any Work at the Site,you must:
Provide traffic control plans,schedule, and the other missing submittals discussed at the
preconstruction meeting.
Cityof Bozeman
(OWNER)
By:
(AUTHORIZED SIGNATURE)
ACCEPTANCE OF NOTICE TO PROCEED
By:
(CONTRACTOR)
(TITLE)
(DATE)
PENAL SUM FORM
BID BOND
Any singular reference to Bidder,Surety,Owner,or other party shall be considered plural where applicable.
BIDDER(Name and Address):
SURETY(Name and Address of Principal Place of Business):
OWNER(Name and Address):
BID
Bid Due Date:
Project(Brief Description Including Location):
BOND
Bond Number:
Date(Not later than Bid due date):
Penal sum
(Words) (Fiwres)
Surety and Bidder,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each
cause this Bid Bond to be duly executed on its behalf by its authorized officer,agent,or representative.
BIDDER SURETY
(Sea] (Seal)
Bidder's Name and Corporate Seal Surety's Name and Corporate Seat
By: By:
Signature and Title Signature and Title
(Attach Power of Attorney)
Attest: Attest:
Signature and Title Signature and Title
Note: Above addresses are to be used for giving required notice.
£JCDC NO.M30(2002 Edition) 00430-1
PENAL SUM FORM C
1. Bidder and Surety, jointly and severally, bind 7. Any suit or action under this Bond shall be commenced 0
themselves, their heirs, executors, administrators, only in a court of competent jurisdiction located in the slate
successors and assigns to pay to Owner upon default of in which the Project is located. CD
Bidder the penal sum set forth on the face of this Bond.
Payment of the penal sum is the extent of Surety's liability. 8. Notices required hereunder shall be in writing and sent
to Bidder and Surety at their respective addresses shown on
2. Default of Bidder shall occur upon the failure of Bidder the face of this Bond. Such notices maybe sent by personal
CD
to deliver within the time required by the Bidding delivery, commercial courier, or by United States
Documents(or any extension thereof agreed to in writing by Registered or Certified Mail, return receipt requested,
Owner) the executed Agreement required by the Bidding postage pre-paid, and shall be deemed to be effective upon CD
Documents and any performance and payment bonds receipt by the party concerned.
required by the Bidding Documents.
9. Surety shall cause to be attached to this Bond a current �—y
3. This obligation shall be null and void if: and effective Power of Attomey evidencing the authority of
3.1_ Owner accepts Bidder's Bid and Bidder delivers the officer, agent,or representative who executed this Bond
within the time required by the Bidding on behalf of Surety to execute, seal, and deliver such Bond C3
Documents(or any extension thereof agreed to in and bind the Surety thereby.
writing by Owner) the executed Agreement CD
required by the Bidding Documents and any 30. This Bond is intended to conform to all applicable
performance and payment bonds required by the statutory requirements. Any applicable requirement of any C)
Bidding Documents,or applicable statute that has been omitted from this Bond shall
3.2. All Bids are rejected by Owner,or be deemed to be included herein as if set forth at length. If CD
3.3_ Owner fails to issue a Notice of Award to Bidder any provision of this Bond conflicts with any applicable
within the time specified in the Bidding statute, then the provision of said statute shall govern and
Documents(or any extension thereof agreed to in the remainder of this Bond that is not in conflict therewith
writing by Bidder and,if applicable, consented to shall continue in full force and effect. CD
by Surety when required by Paragraph 5 hereof)_
l 1. The term "Bid" as used herein includes a Bid, offer, or
4. Payment under this Bond will be due and payable upon proposal as applicable.
default by Bidder and within 30 calendar days after receipt CD
by Bidder and Surety of written notice of default from
Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
fm
5. Surety waives notice of any and all defenses based on or
arising out of any time extension to issue Notice of Award
agreed to in writing by Owner and Bidder, provided that
the total time for issuing Notice of Award including
extensions shall not in the aggregate exceed 120 days from
Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond
prior to 30 calendar days after the notice of default required
in Paragraph 4 above is received by Bidder and Surety and
in no case later than one year after Bid due date.
EJCDC NO.C-430(2002 Edition) 00430-2
PAYMENT BOND
Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of
Business):
OWNER(Name and Address):
CONTRACT
Effective Date of Agreement:
Amount:
Description(Name and Location):
BOND
Bond Number:
Date(Not earlier than Effective Date of
Agreement):
Amount:
Modifications to this Bond Form:
Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each
cause this Payment Bond to be duly executed by an authorized officer,agent,or representative.
CONTRACTOR AS PRINCIPAL SURETY
(Seal) (Seal)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
By: By:
Signature Signature(Attach Power of Attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
Note: Provide execution by additional parties,such as joint venturers,if necessary.
EJCDC C-615 Payment Bond
Prepared by the EngineersJoint Contract Documents Committee.
Page 1 of 3
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use
in the performance of the Contract,which is incorporated herein by reference.
2. With respect to Owner,this obligation shall be null and void if Contractor:
2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and
2.2 Defends, indemnifies, and holds harmless Owner from all claims,demands,liens,or suits alleging
non-payment by Contractor by any person or entity who furnished labor, materials, or equipment
for use in the performance of the Contract,provided Owner has promptly notified Contractor and
Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and
tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment,
directly or indirectly,for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to
Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner,
stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the
claim.
4.2 Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner,within
90 days after having last performed labor or last furnished materials or equipment included in the
claim stating, with substantial accuracy, the amount of the claim and the name of the party to
whom the materials or equipment were furnished or supplied, or for whom the labor was done or
performed;and
2. Have either received a rejection in whole or in part from Contractor, or not received within 30
days of furnishing the above notice any communication from Contractor by which Contractor had
indicated the claim will be paid directly or indirectly;and
3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the
address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a
claim is being made under this Bond and enclosing a copy of the previous written notice
furnished to Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is
sufficient compliance.
6. When a Claimant has satisfied the conditions of Paragraph 4,the Surety shall promptly and at Surety's
expense take the following actions:
6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the
Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner
accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are
dedicated to satisfy obligations of Contractor and Surety under this Bond,subject to Owner's priority to use
the funds for the completion of the Work.
EJCDC C-615 Payment Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 3
PERFORMANCE BOND
Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business):
OWNER(Name and Address):
CONTRACT
Effective Date of Agreement:
Amount:
Description(Name and Location):
BOND
Bond Number:
Date(Not earlier than Effective Date of
Agreement):
Amount:
Modifications to this Bond Form:
Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause
this Performance Bond to be duly executed by an authorized officer,agent,or representative.
CONTRACTOR AS PRINCIPAL SURETY
(Seal) (Seal)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
By: By:
Signature Signature(Attach Power of Attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
Note: Provide execution by additional parties,such as joint venturers,if necessa)y.
EJCDC C•610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 3
Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by
reference.
1. If Contractor performs the Contract,Surety and Contractor have no obligation under this Bond,except to
participate in conferences as provided in Paragraph 2.1.
2. If there is no Owner Default,Surety's obligation under this Bond shall arise after:
2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that
Owner is considering declaring a Contractor Default and has requested and attempted to arrange a
conference with Contractor and Surety to be held not later than 15 days after receipt of such notice
to discuss methods of performing the Contract. If Owner,Contractor, and Surety agree,Contractor
shall be allowed a reasonable time to perform the Contract,but such an agreement shall not waive
Owner's right,if any,subsequently to declare a Contractor Default;and
2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete
the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor
and Surety have received notice as provided in Paragraph 2.1;and
2.3 Owner has agreed to pay the Balance of the Contract Price to:
1. Surety in accordance with the terms of the Contract;or
2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.
3. When Owner has satisfied the conditions of Paragraph 2,Surety shall promptly,and at Surety's expense,
take one of the following actions:
3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or
3.2 Undertake to perform and complete the Contract itself, through its agents or through independent
contractors;or
3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract
for performance and completion of the Contract,arrange for a contract to be prepared for execution
by Owner and contractor selected with Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and
pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the
Contract Price incurred by Owner resulting from Contractor Default;or
3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and
with reasonable promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to Owner and, as soon as
practicable after the amount is determined,tender payment therefor to Owner;or
2. Deny liability in whole or in part and notify Owner citing reasons therefor.
4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be
deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to
Surety demanding that Surety perform its obligations under this Bond,and Owner shall be entitled to enforce
any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the
payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be
entitled to enforce any remedy available to Owner.
5. After Owner has terminated Contractor's right to complete the Contract,and if Surety elects to act under
Paragraph 3.1,3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those
of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those
of Owner under the Contract. To the limit of the amount of this Bond,but subject to commitment by Owner
of the Balance of the Contract Price to mitigation of costs and damages on the Contract,Surety is obligated
without duplication for:
EJCDC C•610 Performance Bond
Prepared by the Engineers Joint Contract Documents Commtltee.
Page 2 or3
5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;
5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and
resulting from the actions of or failure to act of Surety under Paragraph 3;and
5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non-performance of Contractor.
6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner
or its heirs,executors,administrators,or successors.
7. Surety hereby waives notice of any change, including changes of time, to Contract or to related
subcontracts,purchase orders,and other obligations.
8. Any ,proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within
two years after Contractor Default or within two years after Contractor ceased working or within two years
after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. 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.
9. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the address shown on the signature
page.
10. When this Bond has been furnished to comply with a statutory requirement in the location where the
Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed
incorporated herein.The intent is that this Bond shall be construed as a statutory bond and not as a common
law bond.
11. Definitions.
11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the
Contract after all proper adjustments have been made, including allowance to Contractor of any
amounts received or to be received by Owner in settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced by all valid and proper payments made to or on
behalf of Contractor under the Contract.
11.2 Contract: The agreement between Owner and Contractor identified on the signature page,
including all Contract Documents and changes thereto.
11.3 Contractor Default: Failure of Contractor,which has neither been remedied nor waived,to perform
or otherwise to comply with the terms of the Contract.
11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor
as required by the Contract or to perform and complete or otherwise comply with the other terms
thereof.
FOR INFORMATION ONLY—(Name,Address and Telephone)
Surety Agency or Broker:
Owner's Representative(En ineer or other party):
EJCDC C-610 Performance Bond
Prepared by the Engineers Joint Contract Documents Comndttco.
Page 3 of 3
CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is dated as of the day of in the year 2011 by
and between CITY OF BOZEMAN hereinafter called OWNER and
hereinafter called CONTRACTOR.
OWNER AND CONTRACTOR,in consideration of the mutual covenants hereinafter set forth,agree as follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract. The Project Work is generally
described as follows: (provide a description of the work under this contract)
1.1
Article 2. CONTRACT TIME
2.1 The Work will be completed within 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 Work in accordance with the Contract Documents
the sum(subject to adjustment as provided in the Contract Documents)of Dollars.
Article 4. PAYMENT PROCEDURES
CONTRACTOR shall submit applications for payment in accordance with the Montana Public Works Standard
Specification,Third Edition General Conditions. Applications for payment will be 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 pursuant to the applicable measurement and payment sections of the most current edition of the
Montana Public Works Specification based on the unit prices established in Exhibit A.
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.
1
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 observations,examinations,investigations,tests,reports
and data with the terms and conditions of the Contract Documents.
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 in order of precedence:
6.1 This Agreement.
6.2 Certificates of Insurance and Performance and Payment Bonds.
6.3 Montana Public Works Standard Specifications(MPWSS),Third Edition,dated October, 1988 as amended by
the August 1, 1991,MPW Addendum No. 1,and as further amended by the City of Bozeman Modifications to
MPWSS(by reference).
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 modification(as defined in the Montana
Public Works Standard Specifications,Third Edition,October 1988,General Conditions).
Article 7. GENERAL REOUIREMENTS
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 construction easements provided.
It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near
the site will be entirely that of the CONTRACTOR and that no claim shall be made against the OWNER by reason
of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating
access by the OWNER to the sites occupied by these stored materials and equipment,the CONTRACTOR owning
or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment
may be placed upon any private property until the property OWNER has agreed in writing to the location
contemplated by the CONTRACTOR to be used for storage.
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
2
upon information shown on the drawings concerning existing underground installations. The CONTRACTOR shall
repair all damage to existing utilities or property at his own expense. The CONTRACTOR shall,at a minimum,call
the"One-Call'utility locate system(Phone: 1-800-424-5555)at least 72 hours in advance of starting construction.
Where excavation will be required adjacent to existing structures,the CONTRACTOR shall be solely responsible to
maintain the structural integrity of the existing structures. The CONTRACTOR shall take whatever means
necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The
CONTRACTOR shall repair all damage to the existing structures at his own expense. Any fences destroyed during
construction shall be repaired to the satisfaction of the property owner. Any delay,additional work,or extra cost to
the CONTRACTOR caused by existing underground installations shall not constitute a claim for extra work,
additional payment or damages.
7.3 Protection of Existing Mailboxes,Curbs and Gutters and Driveways. The CONTRACTOR shall take whatever
means necessary to insure that the existing mailboxes,curbs and gutters,and driveways are not damaged during
construction. If it is necessary to remove or disturb mailboxes during construction,the CONTRACTOR shall repair
and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb,gutter,or
driveways damaged during construction,not noted to be replaced on the drawings,shall be replaced by the
CONTRACTOR at his own expense.
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 be required between the CONTRACTOR,OWNER,and COUNTY.
The utility service companies such as power,gas,telephone,and cable shall be contacted at least 72 hours in
advance of when locating of services will be required.
Article 8. Warranty 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 Article 13 of the Montana
Public Works Standard Specification,Third Edition(MPWSS),published October, 1988,as amended August 1,
1991 and as further amended by the City of Bozeman Modifications to MPWSS.
Article 9. Site Safety and 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
3
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.
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 regulations of all authorities having jurisdiction over
construction of the project shall apply to the contract throughout.
10.1.1 The CONTRACTOR'S attention is directed to Title 39,Chapter 3,Part 7,MCA, 1981,which requires the
CONTRACTOR to post a surety bond or other form of security insuring worker's wages and fringe benefits with the
Commission of Labor and Industry,State of Montana. The bond or other security shall be filed with the
Commissioner and evidence of the bond shall be provided to the OWNER prior to commencement of work.
10.1.2 The CONTRACTOR'S attention is also directed to Title 15,Chapter 50,Part 2,MCA, 1981. Under the
provisions of this law,public contractors shall pay to the State,in addition to license application fees,a sum equal to
one percent(1%)of the gross receipts from all public contracts in excess of five thousand dollars($5,000). Prime
CONTRACTORS shall be responsible for withholding one percent(1%)of all monies due to subcontractors for
work performed under contracts for public work,and shall transmit such monies to the State Department of
Revenue. Additional information pertaining to license requirements and license fees may be obtained from the
Montana State Department of Revenue, State Capital Building,Helena,Montana.
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 CONTRACTOR'S compliance
with said laws is required and shall relieve the OWNER of any responsibility for payment of premiums thereunder
and shall furnish the OWNER with satisfactory evidence showing that all premiums arising from this contract have
been paid before payment is made on the final estimate.
10.1 A In accordance with Montana Law(Title 18,Chapter 2,Part 4,MCA, 1981)on contracts for State,County,
school construction,heavy highway or municipal construction,repair or maintenance work under any of the laws of
the State,the CONTRACTOR shall give preference to the employment of bona fide Montana residents in the
performance of said contract,and shall further pay the standard prevailing rate of wages including fringe benefits
and travel allowance in effect as paid in the county or locality in which the Work is being performed. The minimum
wages, if included as part of the contract documents,are not controlling except as to the minimum for the purpose of
the Davis-Bacon Act. Therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages
including fringe benefits for health and welfare and pension contributions,and travel allowance provisions in effect
and applicable to the county or locality in which the Work is being performed.
Article 11. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish a Performance Bond
and a Payment Bonds in favor of the OWNER each in an amount equal to one-hundred percent(100%)of the
Agreement amount.
4
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.
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 30 days written notice to the OWNER and Engineer of intention to cancel. The minimum amounts of such
insurance coverages being as follows:
Commercial General Liability
A. Bodily Injury&Prol2ei1y Damage Each Occurrence Aggregate: $1,000,000 $2,000,000
Coverage to include:
1. Premises Operations
2. Products and Completed Operations $2,000,000
Products and Completed Operations
3. Contractual
4. Operations of Independent Contractors
5. Personal Injury
6. Property Damage applicable to Blasting,Collapse and Underground Hazards shall be included in
coverage.
May be satisfied by primary insurance or a combination of primary and excess of umbrella insurance. However,primary
occurrence limit cannot be less than$1,000,000. Deductible not to exceed$5,000 per occurrence on property damage.
B. Automobile Liability
Bodily Injury and Property Damage:
Coverage to include:
1. All Owned
2. Hired
3. Non-Owned
Combined Single Limit $1,000,000 Each Accident
C. Worker's Compensation
Occupational Disease Statutory
Employer's Liability $500,00 Each Accident
Sections B and C above may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance.
D. Owners and Contractors Protective Liability
5
Bodily Injury and Property Damage Each Occurrence Aggregate$1,000,000 $1,000,000
Satisfactory protection for Owner may be accomplished by either an endorsement of Contractor's Comprehensive General
Liability policy or by Contractor's carrier issuing a separate protective liability policy.
E. Additional Insureds
The Contractor's insurance coverage shall name the Owner as an Additional Insured under Commercial General Liability,
Automobile Liability,Excess or Umbrella policies.
F. Builder's Risk
Contractor shall purchase Builder's Risk on the"Broadform"form of coverage inclusive of Fire,Extended Coverages,and
Vandalism. Insurance shall include the interests of the Contractor,Engineer,and subcontractors,as their insurable interest
may appear.
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,3rd Edition,October 1988.
l 3.2 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.
13.3 1n 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 be 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 and hold the OWNER harmless from all claims and liability
for bodily injury(including death)and damage to property due to the negligence of CONTRACTOR,their agents,
employees,or both,in performing the work required under this Agreement.
13.6 The CONTRACTOR agrees to follow the City's antidiscrimination policy as defined in Commission
Resolution No.4250. A full copy of the Resolution 4250 is available upon request. Failure to comply with the
discrimination provision is a breach of the material term in the contract—the same as not performing the other
requirements of the contract.
City Commission Resolution 4250 establishes numerous new policies prohibiting discrimination on the basis of
race,color,religion,creed,sex,age,marital status,national origin,or because of actual or perceived sexual
orientation,gender identity or disability in the development,execution,and implementation of city contracts and
other agreements.
In order to comply with the requirements of this Resolution,the contractor,with their signature on this contract,
agrees to the adoption of the Addendum to the contract for services should they be awarded the contract. With their
signature,the contractor also agrees to follow the conditions specified in this anti-discrimination policy. The
Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all
subcontractors.
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CONTRACTOR will not take title to,nor sign any manifest or shipment documents for,nor act as one who arranges
for the shipments and disposal of,nor make the actual selection of disposal site(s)for any Hazardous,Regulated or
Special Waste. CONTRACTOR will not be liable for any preexisting environmental contamination of the project
site. CONTRACTOR's liability for environmental contamination of the project site shall be limited to the extent
CONTRACTOR's negligence has caused,contributed to or exacerbated the contamination of the project site.
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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written.
(Contractor)
By
Title
ACCEPTED:
CITY OF BOZEMAN
By its
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of ,2_,before me,a Notary Public for the State of Montana,
personally appeared CHRIS KUKULSKI and STACY ULMEN,known to me to be the City Manager and City
Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument,and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
Notary Public for State of Montana
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires: / /20
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SECTION 00810
f SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
f These Supplementary Conditions to the General Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions
of the Contract Documents as indicated below. All provisions that are not so amended or
isupplemented remain in full force and effect.
SC -2.01 DELIVERY OF BONDS
Add the following to Paragraph: 2.01.A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract
Documents bound therewith. Contractor shall execute the Agreement, attach executed
copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit
all copies to Engineer who will forward them to the Owner. Owner shall execute all
copies and return two copies to the Contractor. Owner shall also furnish a counterpart or
conformed copy to the Engineer and shall retain three copies.
SC—2.03 NOTICE TO PROCEED
Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following
in its place:
Following the execution of the Agreement by the Owner and the Contractor, written
Notice to Proceed with the Work shall be given by the Owner to the Contractor. The
Contract Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.05 BEFORE STARTING CONSTRUCTION
Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is
to read as follows:
2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, owned or rented by the Contractor and all Subcontractors that will be used in the
performance of the Work. The equipment list will include information necessary to
confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and year of manufacture as well as
the horse power, capacity or weight, and accessories.
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Supplementary Conditions to the General Conditions
Page 1 of 12
SC-2.07 INITIAL ACCEPTANCE OF SCHEDULES
Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the
following in its place:
Prior to the first application for payment all schedules and documents identified in
paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No
progress payment shall be made to Contractor until acceptable schedules are submitted to
Engineer and Owner as provided below. Acceptance of these schedules and documents
by either Engineer or Owner will neither impose on Engineer or Owner responsibility for
the sequencing, scheduling or progress of the Work and will not interfere with or relieve
Contractor from Contractor's full responsibility therefore.
Add the following after Paragraph 2.07.A.3:
Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to
form and substance if it provides the necessary information to reference the equipment
and establish the hourly rates in accordance with paragraph I I.01.A.5.c.
SC-4.01 AVAILABILITY OF LANDS
Add to Paragraph 4.01.0 of the General Conditions the following:
If it is necessary or desirable that the Contractor use land outside of the Owner's
easement or right-of-way, the Contractor shall obtain consent from the property owner
and tenant of the land. The Contractor shall not enter for materials delivery or occupy for
any other purpose with men, tools, equipment, construction materials, or with materials
excavated from the site, any private property outside the designated construction
easement boundaries or right-of-way without written permission from the property owner
and tenant.
SC-4.02-SUBSURFACE AND PHYSICAL CONDITIONS
Delete the first sentence of 4.02.A and replace with the following:
A. Reports and Drawings: The Special Provisions identify:
Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special
Provisions.
Section 00810—6'h Edition
Supplementary Conditions to the General Conditions
Page 2 of 12
SC—4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS
Add the following to the end of Paragraphs 4.03.A.
Contractor to notify Owner and Engineer in writing about differing subsurface or
physical conditions within 15 days of discovery and before disturbing the subsurface as
stated above.
No claim for an adjustment in the contract price or contract times (or Milestones) will be
valid for differing subsurface or physical conditions if procedures of this paragraph 4.03
I are not followed.
f
SC -4.04 - UNDERGROUND FACILITIES
IAdd the following new paragraph immediately after Paragraph 4.04.A.2.
3. At least 2 but not more than 10 business days before beginning any excavation,
the Contractor shall according to MCA 69-4-501, notify all owners of
underground facilities and coordinate the Work with the owners of such
underground facilities. The information shown or indicated in the Contract
Documents with respect to existing underground facilities is based on information
and data obtained from the owners of the facilities without field exploration, and
I as such, Owner and Engineer are not responsible for the accuracy or completeness
of such information or data.
iSC-4.06- HAZARDOUS ENVIORNMENTAL CONDITION AT SITE
Change the first sentence of paragraph A to read as follows:
A. Reports and Drawings: The Special Provisions identify those reports..........
SC-5.02 LICENSED SURETIES AND INSURERS
Add the following to the end of Paragraph 5.02.A
Without limiting any of the other obligations or liabilities of the Contractor, Contractor
shall secure and maintain such insurance from an insurance company (or companies)
authorized to write insurance to the State of Montana, with minimum "A.M. Best Rating"
of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner
and the Engineer and their agents and employees from claims for bodily injury, or
property damage which may arise from operations and completed operations under this
Agreement. Contractor shall not commence work under this Agreement until such
insurance has been obtained and certificates of insurance, with binders, or certified
Section 00810—6 h Edition
Supplementary Conditions to the General Conditions
Page 3 of 12
copies of the insurance policy shall have been filed with the Owner and the Engineer.
All insurance coverage shall remain in effect throughout the life of the Agreement,
except that the Contractor shall maintain the Commercial General Liability Policy
including product and completed operations coverage for a period of at least one year
following the substantial completion date for property damage resulting from
occurrences during the agreement period.
SC—5.04 CONTRACTOR'S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations:
I. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General
Conditions.
a. State Statutory
b. Applicable Federal (e.g. Longshoremans) Statutory
C. Employer's Liability $ 500,000.00
2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of
the General Conditions which shall also include completed operations and product
liability coverage.
a. GENERAL AGGREGATE $3,000,000.00
b. Products-Completed I
Operations Aggregate $ 3,000,000.00
C. Personal and Advertising
d. Each Occurrence I
(Bodily Injury and
Property Damage) $ 1,000,000.00
C. Coverage will include: I
1. Premises-Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury I
5 Products and Completed Operations
Section 00810—0h Edition
Supplementary Conditions to the General Conditions I
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I6. Broad Form Property Damage will include explosion,
collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury:
Each Person $ 500,000.00
Each Accident $ 1,000,000.00
Property Damage:
' Each Accident $1,000,000.00
(or)
Ib. Combined Single Limit $ 1,000,000.00
ICoverage to Include
1. All Owned
2. Hired
3. Non-Owned
I 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00.
IDeductible not to exceed$5,000.00 per occurrence on property damage.
5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions
Ias follows:
The Contractor's insurance coverage shall name the Owner, and Engineer and
I Engineer's Consultants as an additional insured under Commercial General
Liability, Automobile Liability,Excess or Umbrella polices.
6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the
General Conditions shall provide coverage for not Iess than the following
amounts:
Each Occurrence $ 1,000,000.00
Aggregate $ 3,000,000.00
Section 00810—6"Edition
I Supplementary Conditions to the General Conditions
Page 5 of 12
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SC-5.04.B.5 CANCELATION NOTICE
Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30
days" and replacing them with the words "45 days" and as so amended paragraph
5.04.B.5 remains in effect.
I
SC - 5.06 PROPERTY INSURANCE
Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its
place:
A. Contractor shall purchase and maintain property insurance upon the work at the
site in the amount of the full replacement cost thereof (subject to such deductible
amounts as may be provided in these Supplementary Conditions or required by
Laws and Regulations). This insurance shall:
1. IncIude the interests of Owner, Contractor, Subcontractors, Sub-
Subcontractors Engineer, Engineer's Consultants, and any other
persons or entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall be listed
as an insured or additional insured;
2. be written on a Builder's Risk "all risk" or open peril or special
causes of loss policy form that shall at least include insurance for
physical loss and damage to the Work, temporary buildings, false
work and materials and equipment in transit and shall insure against
at least the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned by
enforcement of Laws and Regulations, water damage (other than
caused by floods), and other perils or causes of loss as may be
specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges of I
engineers and architects);
4. cover materials and equipment in transit for incorporation in the
Work or stored at the site or at another location prior to being
incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment I
recommended by Engineer; and
5. be endorsed to allow occupancy and partial utilization of the Work I
by Owner.
Section 00810—6`h Edition
Supplementary Conditions to the General Conditions I
Page 6 of 12
1
6. include testing and start-up; and
7. be maintained in effect until final payment is made unless otherwise
agreed to in writing by Owner, Contractor, and Engineer with thirty
days written notice to each other additional insured to whom a
certificate of insurance has been issued.
B. Contractor shall be responsible for any deductible or self-insured retention.
C. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this Paragraph SC5.06 shall comply with the requirements of
Paragraph 5.06.0 of the General Conditions.
D. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this Article 5.06.A shall comply with the requirements of GC -
5.06.C. The qualifications of the insurance company shall comply with the
requirements of SC-5.02.A.
SC-6.02 Working Hours
Add the following to Paragraph 6.02.B:
Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be
done without prior permission.
SC-6.04 PROGRESS SCHEDULE
Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the
following:
1. Contractor shall submit to Engineer with each application for payment an updated
progress schedule reflecting the amount of work completed and adjustments to future
work. Such adjustments will be acceptable to Engineer as providing an orderly
progression of the Work to completion within any specified milestones and the Contract
Time. No progress payment will be made to Contractor until the updated schedules are
submitted to and acceptable to Engineer and Owner. Review and acceptance of progress
schedules by the Engineer will neither impose on Engineer responsibility for the
sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor
from Contractor's full responsibility therefore.
Section 00810—6('Edition
Supplementary Conditions to the General Conditions
Page 7 of 12
SC- 6.13 SAFETY AND PROTECTION
Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions.
Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows:
G. It is expressly understood by the parties to this Agreement that the Contractor is
solely responsible for initiating, maintaining, and supervising safety precautions
and programs in connection with the Work. The right of the Owner and Engineer
to observe or otherwise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and work
schedules including preconstruction and scheduled monthly safety meetings,
posted safety rules, tailgate meetings, and site inspections by safety and other
inspectors employed by the Contractor.
H. The Contractor shall be responsible for and shall take necessary precautions and
provide all material and equipment to protect, shore, brace, support and maintain
all underground pipes, conduits, drains, sewers, water mains, gas mains, cables,
etc., and other underground construction uncovered in the proximity, or otherwise
affected by the construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected
property owner at the Contractor's expense. The Contractor shall also be
responsible for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property or facility,
regardless of location or character, which may be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to and from the work or any
part of site thereof, whether by him or his subcontractors. The Contractor shall
make satisfactory and acceptable arrangements with owner of, or the agency or
authority having jurisdiction over, the damaged property or facility concerning its
repair or replacement or payment of costs incurred in connection with said
damage.
I. The Contractor shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross,
obstruct, or close roads, driveways, and walks, whether public or private, the
Contractor shall obtain approval from the governing party and shall, at his own
expense, provide and maintain suitable and safe bridges, detours, and other
temporary expedients for the accommodation of public and private drives before
interfering with them. The provisions for temporary expedients will not be
required when the Contractor has obtained permission from the owner and tenant
of the private property, or from the authority having jurisdiction over public
property involved, to obstruct traffic at the designated point.
Section 00810—6 h Edition
Supplementary Conditions to the General Conditions
Page 8of12
J. Safety provisions must be entirely adequate and meet with City or State and
Federal regulations to protect the public on these streets and roads.
SC- 6.20INDEMNIFICATION
Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to
read as follows:
While Owner and Engineer may have the right under this Contract to observe or
otherwise review the work, progress and operations of the Contractor, it is
expressly understood and agreed that such observation shall not relieve the
Contractor from any of its covenants and obligations hereunder.
SC-9.03 PROJECT REPRESENTATIVE
Refer to the Special Provisions for identification of the responsibilities and authority and
limitations of the Engineer's Resident Project Representative (if any).
SC- 11.01 COST OF THE WORK
Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in
its place:
11.0l.A.5.c The rental of all construction equipment and machinery and parts thereof
whether rented from Contractor or rented from others. The cost shall be calculated as
follows and will include the costs of transportation, loading, unloading, assembly,
dismantling and removal thereof for equipment involved only in the changed portion of
the work covered under the cost of the Work method. Transportation, loading and
assembly costs will not be included for equipment already on the site which is being used
for other portions of the Work. The cost of any such equipment, machinery, or parts shall
cease when the use thereof is no longer necessary for the Work. Hourly equipment and
machinery rates shall be calculated from the Rental Rate Blue Book for Construction
Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as
follows:
1. For working equipment, the hourly rate shall be the monthly rental rate
divided by 176 hours per month plus the hourly operating cost.
2. For equipment on standby, the hourly rate shall be 50% of the monthly
rental rate divided by 176 hours per month, and the hourly operating cost
shall not be applied.
3. For specialized equipment rented for a short duration used for change
order work or additional work not part of the scope of work bid, the
Section 00810—6'h Edition
Supplementary Conditions to the General Conditions
Page 9 of 12
I
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equipment rental rates will be negotiated prior to the work being
performed.
SC-11.03 UNIT PRICE WORK I
Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the
following in its place:
1. the quantity of a particular item of Unit Price Work performed by Contractor differs by
more than 25% from the estimated quantity of such item indicated in the Agreement, and
2. the total cost of the particular individual item of Unit Price Work amounts to 10% or I
more of the Contract Price which is the total sum of all schedules (if any), and
SC- 14.02.A APPLICATIONS FOR PAYMENTS
Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: I
Payments for materials in storage shall be based only upon the actual cost of the materials
and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, I
invoice or other document warranting clear title for materials in storage will be waived
for the material in storage included in the first progress payment application. However,
proof of payment and clear title must be submitted with Application No. 2 for all material J
included in Application No. 1. Without such documentation amounts paid for materials in I
storage will be deducted from subsequent payments. Beginning with the second
application, all requests for payment for materials in storage shall be accompanied by Bill I
of Sale,invoice or other document warranting clear title as required above.
Add the following to Paragraph 14.02.A.3:
In accordance with state law the Owner may accept deposited securities in lieu of cash
retainage. Retainage may be used by the Owner to offset costs for any of the losses I
enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.I.a. through
14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and to
offset any liquidated damages due Owner.
Add a new paragraph after paragraph to 14.02.A.3 to read:
4. Each application for progress payment shall be accompanied by Contractor's
updated progress schedule, shop drawing schedule, procurement schedule, and
other data specified herein or reasonably required by Owner or Engineer. The
Owner reserves the right to require submission of monthly certified payrolls by the
Contractor.
Section 00810—6`h Edition
Supplementary Conditions to the General Conditions
Page 10 of 12
SC—14.02.0 PAYMENT BECOMES DUE
Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in
its place:
1. The Owner will, upon presentation to him of the Contractor's Application for
Payment with Engineer's recommendation, review and act upon said payment
request once each month on or about the day of each month stipulated by the
Owner at the preconstruction conference. Payment will become due when Owner
approves the application for payment and when due, will be paid by Owner to
Contractor.
SC- 14.02.D.I.c
Amend the sentence of Paragraph 14.02.D.1.c to read:
...entitling Owner to a set-off against the amount recommended, including liquidated
damages;or...
SC-14.03 CONTRACTORS WARRANTY OF TITLE
Add the following at the end of Paragraph 14.03.A of the General Conditions:
Neither recommendation of any progress payment by Engineer nor payment by the
Owner to Contractor, nor any use or occupancy of the Work or any part thereof will
release the Contractor from complying with the Contract Documents. Specifically the
Contractor shall maintain in accordance with Article 5, property insurance on all Work,
materials, and equipment whether incorporated in the project or not and whether included
I in an application for payment or not, for the hull insurable value thereof. Passing title to
Owner for materials and equipment included in an application for payment does not
relieve the Contractor of the Contractor's obligation to provide insurance (including
property insurance) as required in Article 5 of the General Conditions and these
Supplementary Conditions. All insurance shall remain in effect as provided in Article 5.
ISC- 14.05 PARTIAL UTILIZATION
Add the following to Paragraph 14.05.A:
Owner has the right to take possession of or use any completed or substantially
completed portions of the work at any time, but such taking possession or use will not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. Owner's use of any facilities so identified in the Contract Documents will
not be grounds for extension of the contract time or change in the contract price. Owner's
use of any facilities not specifically identified in the Contract Documents will be in
Section 00810—6''Edition
Supplementary Conditions to the General Conditions
Page 11 of 12
I.
accordance with conditions agreed to prior to such use, and any extra costs or delays in
completion incurred and properly claimed by Contractor will be equitably adjusted with a
Change Order. Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by Owner prior to substantial completion of the
entire work will be done in accordance with General Conditions 14.04. Guarantee
periods for accepted or substantially completed work including mechanical and electrical
equipment will commence upon the start of continuous use by Owner. All tests and
instruction of Owner's personnel must be satisfactorily completed, and Owner shall
assume responsibility for and operation of all facilities occupied or used except as may
arise through portions of work not yet completed by Contractor If the work has been
substantially completed and the Engineer certifies that full completion thereof is
materially delayed through no fault of the Contractor, the Owner shall, without
terminating the Agreement, make payment of the balance due for the portion of the work
fully completed and accepted.
SC- 14.06 FINAL INSPECTION
Add the following to Paragraph 14.06.A:
After Contractor has remedied all deficiencies to the satisfaction of the Engineer and
delivered all construction records, maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, and other documents (all as required by the
Contract Documents), Owner and Contractor shall be promptly notified in writing by
Engineer that the work is acceptable.
SC- 17.01 GIVING NOTICE
Add the following to Paragraph 17.0l.A:
The mailing address for giving notices to Contractor given in the Agreement is hereby
designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered. The mailing address for giving notices to Owner
given in the Agreement is hereby designated as the place to which all notices, letters, and
other communication to Owner shall be mailed or delivered. Either party may change his
address at any time by an instrument in writing delivered to Engineer and to other party.
END OF SECTION 00810
1
Section 00810—6 h Edition
Supplementary Conditions to the General Conditions I
Page 12of12
I
i
MONTANA
PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION 2011
Effective: January 27, 2011
Brian Schweitzer, Governor
State of Montana
Keith Kelly, Commissioner
Department of Labor and Industry
To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of
prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact them at:
Employment Relations Division
Montana Department of Labor and Industry
P. O. Box 201503
Helena, MT 59620-1503
Phone 406-444-5600
TDD 406-444-5549
The Labor Standards Bureau welcomes questions, comments and suggestions from the public.In addition,we'll
do our best to provide information in an accessible format, upon request, in compliance with the Americans with
Disabilities Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the
Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed in this
publication.
The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., Montana Code
Annotated. It is required that each employer pay(as a minimum)the rate of wages, including fringe benefits, travel
allowance, and per diem applicable to the district in which the work is being performed as provided in the attached wage
determinations.
All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the
Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549.
In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and
the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of
prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor
Standards Bureau at (406)444-5600 or TDD (406)444-5549.
KEITH KELLY
Commissioner
Department of Labor and Industry
State of Montana
A.Date of Publication January 27,2011
B.Definition of Building Construction
For the purposes of Prevailing Wage,the Commissioner of Labor and Industry has determined that building construction
occupations are defined to be those performed by a person engaged in a recognized trade or craft,or any skilled,
semiskilled,or unskilled manual labor related to the construction,alteration,or repair of a public building or facility,and
does not include engineering,superintendence,management,office or clerical work.
The Administrative Rules of Montana(ARM)24.17.501(2)—2(a),Public Works Contracts for Construction Services
Subject to Prevailing Wage Rates,states: "Building construction projects generally are the constructions ofsheltered
enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of
such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental
grading, utilities and paving.
Examples of building construction include, but are not limited to,alterations and additions to buildings,apartment
buildings(5 stories and above), arenas (closed), auditoriums, automobile parking garages, banks and financial buildings,
barracks, churches, city halls, civic centers, commercial buildings, courthouses, detention facilities, dormitories,farm
buildings,fire stations, hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums, motels,
museums,nursing and con valescent facilities, office buildings,out patient clinics,passenger and freight terminal
buildings,police stations,post offices,power plants,prefabricated buildings, remodeling buildings, renovating buildings,
repairing buildings, restaurants,schools,service stations,shopping centers, stores, subway stations, theaters,
warehouses, water and sewage treatment plants (buildings only), etc."
C.Definition of Public Works Contract
Montana Code Annotated 18-2-401(1 1)(a),defines"public works contract"as "a contract for construction services let by
the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state,
county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000..."
D.Prevailing Wage Schedule
This publication covers only Building Construction occupations and rates. These rates will remain in effect until
superseded by a more current publication.Current prevailing wage rate schedules for Heavy Construction,Highway
Construction,and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or
by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549.
E.Rates to use for Projects
Rates to be used on a public works project are those that are in effect at the time the project and bid specifications are
advertised.
F.Wage rate adjustments for multiyear contracts
Section 18-2417,Montana Code Annotated states:
"(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform
must include a provision to adjust, as provided in subsection(2), the standard prevailing rate of wages to be paid to the
workers performing the contract.
(2) The standard prevailing rate of ivages paid to workers under a contract subject to this section must be adjusted 12
months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The
adjustment must be made and applied every 12 months for the term of the contract.
(3)Any increase in the standard rate ofprevailing wages for workers under this section is the sole responsibility of the
contractor and any subcontractors and not the contracting agency."
Page i _ -
ILDING CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011
G.Fringe Benefits
Section 18-2-412,Montana Code Annotated states:
"(1) To fu fill the obligation...a contractor or subcontractor may:
(a)pay the amount offringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages
directly to the worker or employee in cash;
(b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefrtf:md,plan, or program that
meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved
by the U.S. department of labor; or
(c)make payments using any combination of methods set forth in subsections (1)(a) and(1)(b)so that the aggregate of
payments and contributions is not less than the standard prevailing rate of wages, includingfi•inge benefits and travel
allowances, applicable to the district for the particular type of work being performed.
(2) The fringe benefitfund,plan, orprogram described in.subsection(1)(b)must provide benefits to workers or employees
for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bonaffide programs
that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S.
department of labor."
Fringe benefits are paid for all hours worked(straight time and overtime hours). However,fringe benefits are not to be
considered a part of the hourly rate of pay for calculating overtime,unless there is a collectively bargained agreement in
effect that specifies otherwise.
H.Per Diem
Per Diem typically covers the costs associated with board and lodging expenses and are paid when an employee is
required to work at a location outside the daily commuting distance and is required to stay overnight or longer.
I.Prevailing Wage Districts
Montana counties are aggregated into 10 districts for the purpose of prevailing wage.The prevailing wage districts are
composed of the following counties:
0"6" Teel
llncoN . IioeR
Flatluad Pondara 8-6- FhOlp. eY RooseraR
lake To- CAew.w rocRland
sanders
lows Moeone
clap Cas.ade hd. Ferpus raN Oant6ld 0>Waon
ssev6 Bute 7
�� Pomatl Bma µM�. d ssdsR.tl ROfeeme
Pntde a
�p Cwaef Fallon
eel .Maa osier M1af /''�
ava@ m tl Y�njvnan U
aPtln .11
�L
Puk ' X m Parader Caner
NLElson Cxban River
BeavnReae
--------- -- --- ._-.— Page ii - ---...— - --- ----- -- --
BUILDING CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011
J.Computing Travel Benefits
Travel pay,for the purposes of public works projects,shall be determined by measuring the road miles(one way)over the
shortest practical maintained route from the county courthouse of the designated city for each district or the employee's
home,whichever is closer, to the center ofthe job. Each city shall be considered the point of origin only for jobs within
the counties identified in that district(as shown below):
District 1-Kalispell:includes Flathead,Lake,Lincoln,and Sanders Counties
District 2-Missoula: includes Mineral,Missoula,and Ravalli Counties
District 3-Butte: includes Beaverhead,Deer Lodge,Granite,Madison,Powell,and Silver Bow Counties
District 4-Great Falls: includes Blaine,Cascade,Chouteau,Glacier,Hill,Liberty,Pondera,Teton,and Toole Counties
District 5-Helena: includes Broadwater,Jefferson,Lewis and Clark,and Meagher Counties
District 6-Bozeman: includes Gallatin,Park,and Sweet Grass Counties
District 7-Lewistown:includes Fergus,Golden Valley,Judith Basin,Musselshell,Petroleum,and Wheatland Counties
District 8-Billings: includes Big Horn,Carbon, Rosebud, Stillwater,Treasure,and Yellowstone Counties
District 9-Glasgow: includes Daniels,Garfield,McCone,Phillips,Richland,Roosevelt,Sheridan,and Valley Counties
District 10-Miles City:includes Carter,Custer,Dawson,Fallon,Prairie,Powder River,and Wibaux Counties
When travel pay is applicable and is shown as an additional amount added to base pay,it means for hours worked
on the project,not time spent traveling.
K.Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those
programs. Additionally,section 18-2-416(2),Montana Code Annotated states, .....The full amount of any applicable
fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices
not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when
working on a public works contract.
L.Posting Notice of Prevailing Wages
Section 18-2-406,Montana Code Annotated provides that contractors,subcontractors and employers who are 'performing
work or providing construction services under public works contracts, as provided in this part, shall post in a prominent
and accessible site on the project or staging area, not later than the first day of work and continuing for the entire
duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees."
M.Employment Preference
Sections 18-2-403 and 18-2-409,Montana Code Annotated requires contractors to give preference to the employment of
bona fide Montana residents in the performance of work on public works contracts.
N.Building Construction Occupations Website
You can find definitions for these occupations on the following Bureau of Labor Statistics website:
http://www.bis.gov/oes/current/oes—stru,btm
O.Welders'Rates
Welders receive the rate prescribed for the craft performing an operation to which welding is incidental.
P.Foremans'Rates
Rates are no longer set for foreman. However, if a foreman performs journey level work,the foreman must be paid at
least the journey level rate.
--- -----_ - ---- --- Page iii
BUILDING CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011
NOTICE OF AWARD
Dated:
TO:
ADDRESS:
PROJECT:
CONTRACT FOR:
You are notified that your Bid opened on for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for the:
The Contract Price of your Contract is:
Dollars(S ).
copies of each of the proposed Contract Documents(except Drawings) accompany this Notice of Award.
set of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15)days of the date of this Notice of Award,
that is,by
I. You must deliver to the OWNER fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to
Bidders(Article 20), and the General Conditions(paragraph 5.01).
I List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in the General
Conditions(Article 5) and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to
annul this Notice of Award,and to declare your Bid Security forfeited.
Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of
the Agreement with the Contract Documents attached.
CITY OF BOZEMAN,MONTANA ATTEST:
BY: BY:
(CITY MANAGER) (CITY CLERK)
DATE:
NOTICE TO PROCEED
Dated
TO:
(CONTRACTOR)
ADDRESS:
Contract:
(Insert name of Contract as it appears in the Contract Documents)
Project:
OWNER'S CONTRACT NO.
You are notified that the Contract Times under the above contract will commence to run
on . By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is
and the date of readiness for final payment is
Before you may start any Work at the Site,paragraph 2.7 of the General Conditions
provides that you and Owner must each deliver to the other(with copies to Engineer and other
identified additional insureds)certificates of insurance which each is required to purchase and
maintain in accordance with the Contract Documents.
Also,before you may start any Work at the Site, you must:
(add other requirements)
Citv of Bozeman
(OWNER)
By:
(AUTHORIZED SIGNATURE)
ACCEPTANCE OF NOTICE TO PROCEED
By:
(CONTRACTOR)
(TITLE)
Copy to Engineer
(Use Certified Mail, (DATE)
Return Receipt Requested)
Field Order
No.
Date of Issuance: Effective Date:
Project. Owner. Owner's Contract No.:
Contract. Date or Contract:
Coniracfor:
Engineer's Project No.:
Attention:
You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.05A.,for
minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or
Contract Times Is required,pte;se nctifi the Engineer immediately and before proceeding vrith this`Mork.
Reference:
(Specification Section(s)) (Drawing(s)/Delail(s))
Description:
Attachments:
Engineer.
Receipt Acknowledged by(Contractor): Date:
Copy to Owner
EJCDC No.C-942(2002 Edition) Page 1 of 1
Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the
Associated General Contractors orAmericr,and the Construction Specifications institute.
CHANGE ORDER
No.
DATE OF ISSUANCE EFFECTIVE DATE
OWNER CONTRACTOR
Contract:
Project: OWNER's Contract No.
ENGINEER ENGINEER's Contract No.
You are directed to snake the following changes in the Contract Documents:
Description:
Reason for Change Order:
Attachments:(List documents supporting change)
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TRAES:
Original Contract Price Original Contract Times:
Substantial Completion:
$ Ready for final payment.
(days or dates
Net Increase(Decrease)from previous Change Net change from previous Change Orders No. to
Orders No._to_ No._
Substantial Completion:
$ Ready for final payment:
(days)
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion:
$ Ready for final payment:
days or dates
Net increase(decrease)of this Change Order: Net increase(decrease)this Change Order:
Substantial Completion:
$ Ready for final payment:
(days)
Contract Price with all approved Change Orders: Contract Times with all approved Change Orders:
Substantial Completion:
$ Ready for final payment:
(days or dates)
Contractor certifies and agrees that there are no additional costs or claims for extra work,additional time,delays or
omitted items, of any nature whatsoever,associated with the subject change order items,except as identified and set
forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein
represents the full cost and value for the subject work performed and the materials supplied under the terms of the
contract and that the work quantities and value were properly determined and are correct.
CONTRACTOR(Authorized Signature) Date
RECOMMENDED BY: APPROVED BY.
(ENGINEER- Signature) Date OWNER(Authorized Signature) Date
EJCDC 1910-8-B(1996 Edition
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specifications Institute.
Page 1 of 2
C:\Backup\Lamme Water Replacement\Specs\COB Change Order Form.doc
CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract Price
or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a
subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice
of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes.
If Milestones have been listed in the Agreement,any effect of a Change Order thereon should be addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times,a
Field Order should be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer normally initiates the form,including a description of the changes involved and attachments based upon
documents and proposals submitted by Contractor,or requests from Owner,or both.
Once Engineer has completed and signed the form,all copies should be sent to Owner or Contractor for approval,
depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated
agreement for a previously performed change. After approval by one contracting party,all copies should be sent to
the other party for approval. Engineer should make distribution of executed copies after approval by both parties.
If a change only applies to price or to times,cross out the part of the tabulation that does not apply.
Page 2 of 2
CABackup\Lamme Water Replacement%Specs\COB Change Order Form.doc
MONTHLY PAY ESTIMATE SUMMARY
Date
Alfred M. Stiff Professional Building Re-Roof Project
City of Bozeman, Montana
Estimate No._- to 2012
DESCRIPTION AMOUNTS
THIS MONTH PREVIOUS TO DATE
Earnings for Work& Materials
Installed: $0.00 $0.00 $0.00
Plus 100% of Invoice for
Materials Stored: $0.00 $0.00 $0.00
Less Materials Used: $0.00 $0.00 $0.00
Subtotal: $0.00 $0.00 $0.00
5% Retainage: $0.00 $0.00 $0.00
Net Earnings: $0.00 $0.00 $0.00
Less 1% Gross Receipts Tax: $0.00 $0.00 $0.00
Gross Payment: $0.00 $0.00 $0.00
Less Previous Payments: $0.00
Net Payment this Estimate: $0.00 $0.00
Percent Time Elapsed: #VALUE!
Work Done Based on Installed Cost: #DIV/0!
Contract Completion Data:
Notice to Proceed Date:
Original Contract Completion Time (dy): 21
Stop/Resume Work Orders (dy): 0
Approved Time Extensions (dy): 0
New Contract Completion Time (dy): 21
Contract Completion Date: 1/21/1900
Contract Cost Data:
Amount of Original Contract: $0.00
Approved Changes: $0.00
Revised Amount: $0.00
Approved by (Contractor):
Approved by City of Bozeman (Owner):