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Home My WebLink About15- Full Gas Soil Vapor Extraction Treatment System Installation SpecsCITY OF BOZEMAN, MONTANA C A L L F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Bozeman Landfill LFG/SVE Treatment System Separate sealed bids for construction of City of Bozeman Bozeman Landfill LFG/SVE Treatment System will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, October 20, 2015 and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk’s Office, Suite 102, City Hall, 121 No. 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 p.m. October 20, 2015. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work is generally described as follows: Installation of Soil Vapor Extraction (SVE) and Air Sparging (AS) wells; providing and installing buried piping for transmission of leachate, compressed air and vacuum; installation of an owner supplied treatment skid and flare; providing and installing condensate pumps and sumps; extending electrical service to the skid site and reclamation of disturbed areas. The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 597711230, 406-582-2280, in accordance with the Instruction to Bidders. Required deposit is $50.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Section 00100 INVITATION TO BID Page 1 of 2 Department at 10:00 a.m. on October 13, 2015. Interested CONTRACTORS are encouraged to attend. 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 Avenue, 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. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. 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, October 20, 2015. 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. DATED at Bozeman, Montana, this 1st day of October, 2015. Stacy Ulmen, CMC City Clerk, City of Bozeman Published Bozeman, Montana, October 4, 2015 October 11, 2015 October 18, 2015 Section 00100 INVITATION TO BID Page 2 of 2 SECTION 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1- DEFINED TERMS 1.1 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and the Supplementary Conditions. Additional terms used in these Instructions To Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. “Bidder" - The individual or entity who submits a Bid directly to OWNER B. “Issuing Office" - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. "Successful Bidder" - The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER' s evaluations as hereinafter provided) makes an award. ARTICLE 2- COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Invitation to Bid may be obtained from the Issuing Office. The deposit will not be refunded. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ARTICLE 3- QUALIFICATION OF BIDDERS 3.1 To demonstrate Bidder's qualifications to perform the Work, within five (5) days of OWNERs request, Bidder shall submit written evidence, such as financial data, previous experience in performing comparable work, present commitments and other such data as may be called for in the Special Provisions. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 1 of 14 3.2 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 the work; and (d) has appropriate technical experience. 3.3 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. 3.4 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA AND SITE 4.1 Subsurface and Physical Conditions A. The Special Provisions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. 4.2 Copies of reports and drawings referenced in paragraph 4.02.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 2 of 14 4.3 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless expressly provided otherwise elsewhere. 4.4 Hazardous Environmental Condition A. The Special Provisions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in the Special Provisions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.6 Upon request, OWNER will provide Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 3 of 14 A. Reference is made to the Special Provisions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. B. Paragraph 6.13.0 of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Special Provisions.  • 4.7 It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents including any Addenda and the other related data identified in the Bidding Documents; B. Visit the site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; including but not limited to those general and local conditions affecting transportation, disposal, handling and storage facilities, availability of labor, water, power, roads, climactic conditions and seasons, physical conditions at the work Sites and project area as a whole, job site topography and ground conditions, equipment and facilities needed preliminary to and during work prosecution, C. Become familiar with and satisfy Bidder as to all Federal, State and Local Laws and Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions; E. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 4 of 14 F. Agree at the time of submitting its bid that no further examinations, investigations, exploration, tests, studies or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicted in the Bidding Documents; H. Correlate the information know to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to the Bidders; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences or procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by ENGINEER are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 — PRE-BID CONFERENCE 5.1 A pre-Bid conference will be held at the time and place listed in the Invitation To Bid. Representatives of OWNER and ENGINEER will be present to discuss the project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 5 of 14 ARTICLE 6- SITE AND OTHER AREAS 6.1 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR Easement for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7-INTERPRETATIONS AND ADDENDA 7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.2 Addenda may be issued to clarify, correct or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.3 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. ARTICLE 8-BID SECURITY 8.1 A Bid must be accompanied by Bid Security made payable to OWNER in an amount of ten percent (10%) of Bidder's maximum Bid price and in the form of cash, a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana; or a Bid Bond (on a form attached if a form is prescribed) issued by a surety authorized to do business in Montana meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 6 of 14 8.2 The Bid Security of the Successful BIDDER will be retained until such BIDDER has executed the Contract Documents and furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of (7) seven days after the Effective Date of the Agreement or (61) sixty-one days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.3 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after Bid opening. ARTICLE 9- CONTRACT TIMES 9.1 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10- LIQUIDATED DAMAGES 10.1 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11- SUBSTITUTE AND "OR-EQUAL" ITEMS 11.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is indicted in the Bidding Documents that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 6.05 of the General Conditions and may be supplemented in the General Requirements or Special Provisions. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 7 of 14 ARTICLE 12 — SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.1 If the Special Provisions require or the OWNER would request the identity of certain Subcontractors, Suppliers, individuals or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall will within five (5) days after Bid opening submit to OWNER a list of all such Subcontractors, Suppliers, individuals or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER alter due investigation has reasonable objection to any proposed Subcontractor, Supplier, individual or entity OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.2 If the apparent Successful Bidder declines to make any such substitution, the OWNER may determine such Bidder to be non-responsive and reject the Bid. Declining to make requested substitution will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any Subcontractor, Supplier, individual or entity so listed and against which OWNER and ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.3 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13- PREPARATION OF BID 13.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the ENGINEER. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations there from may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. 13.2 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein, or the words "No Bid", "No Change", or "Not Applicable" entered. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 8 of 14 13.3 Bids by a corporation must be executed in the corporate name by the president or a vice- president or other corporate officer who is authorized to bind the corporation, and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid of a corporation, which is signed by a person other than a corporate officer, must be accompanied by evidence of authority to sign. 13.4 A bid by a partnership shall be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 13.5 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The State of formation of the firm and the official address of the firm must be shown below the signature. 13.6 A Bid by an individual shall show the Bidder's name and official address. 13.7 A Bid by a Joint Venture shall be executed by each Joint Venturer in the manner indicated on the Bid form. The official address of the Joint Venture must be shown below the signature. 13.8 All signatures are to be in ink and names must be typed or printed below the signature. The title of the person(s) executing the Bid shall be clearly indicated beneath the signature. 13.9 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). Bids in which all issued addenda are not acknowledged will be considered incomplete and will not be read. 13.10 The address and telephone number for communications regarding the Bid must be shown. 13.11 Current Montana Contractor's registration number, if any, must be shown. ARTICLE 14- BASIS OF BID; EVALUATION OF BIDS 14.1 Bids. A. Bidders shall submit a Bid on a unit price and/or lump sum basis for each item of Work listed in the Bid schedule as provided in the Bid form. The Bid will not be considered unless the Bid Form contains prices for all unit price and/or lump sum items, and alternates, as shown on the Bid Form. Bids and totals shall be shown legibly in their proper locations. The total amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form shall be manually signed. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 9 of 14 B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit price will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. ARTICLE 15 - SUBMITTAL OF BID 15.1 Each prospective Bidder is to execute one copy of the Bidding Documents. The Bid form is to be completed and submitted with the Bid security along with additional documents, if any, as identified in the Special Provisions. 15.2 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the bid is submitted), the name and address of Bidder, and, shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED". A mailed bid shall be addressed to the address shown in the Invitation To Bid. 15.3 A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instruction to Bidders. B. Alternative Bids will not be considered unless called for. C. Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 10 of 14 ARTICLE 16- MODIFICATION AND WITHDRAWAL OF BIDS 16.1 Bids may be modified or withdrawn by art appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. 16.2 If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17- OPENING OF BIDS 17.1 Bids will be opened at the time set for opening in the Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.1 All bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19- AWARD OF CONTRACT 19.1 OWNER reserves the right to reject any and all Bids, including without limitation, nonconforming, non responsive, 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 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. OWNER reserves the right to reject the Bid of any Bidder if OWNER believes it would not be 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 OWNER. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 11of 14 19.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of the Bidder and the rejection of all Bids in which that bidder has an interest. 19.3 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.4 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, and other individuals or entities must be submitted as provided in the Special Provisions. 19.5 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. 19.6 If the Contract is to be awarded, OWNER will award the Contract to the responsible bidder whose Bid, conforming with all material terms and conditions of the Bidding Documents, is lowest price, in the best interest of the Project, and other factors considered, 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 cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. ARTICLE 20 — CONTRACT SECURITY 20.1 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Performance Bond, Payment Bond, and certificates of insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and insurance. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 12 of 14 ARTICLE 21- SIGNING OF AGREEMENT 21. 1 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver at least six (6) counterparts of the Agreement and attached documents to OWNER. Within fifteen (15) days thereafter OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings and Specifications. ARTICLE 22- STATE LAWS AND REGULATIONS 22.1 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with, include but are not limited to, those involving workmen's compensation insurance, contractor registration, employment preference to Montana contractors and Montana residents, and gross receipts tax. ARTICLE 23- DEBARMENT CERTIFICATION 23.1 BIDDER’S attention is directed to Section 1.05.3 (Certification Regarding Debarment, Suspension and Other Responsibility Matters) of Section 00900 with respect to Certification Regarding Debarment. Federal funding is being utilized on this project and the successful bidder must provide the debarment certification statement at the time of bid opening with the bid and other forms required. ARTICLE 24 - EQUAL EMPLOYMENT OPPORTUNITY 24.1 BIDDER’S attention is directed to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. Bidders on this work will be required to comply with the President’s Executive Orders No. 11246 as amended, 11458, 11518, and 11625. ARTICLE 25 - COMPLIANCE WITH WAGE RATE REQUIREMENTS 25.1 Under all Schedules of this Contract with the Owner, the Contractor and all subcontractors shall pay for all labor employed at no less than the minimum standard prevailing rate of wages for each classification, which shall be the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates, as appended. Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 13 of 14 ARTICLE 26 - AMERICAN IRON AND STEEL (AIS) REQUIREMENTS 26.1 BIDDER’S attention is directed to ARTICLE 1.5.10 of Section 00900 with respect to American Iron and Steel (AIS) requirements. All of the iron and steel products used in the project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, rebar, and construction materials. The iron and steel products used in the project must comply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L. 113-76) and as further interpreted by applicable EPA guidance (see http://water.epa.gov/grants_funding/aisrequirement.cfm). 26.2 The Contractor will be required to provide the Owner with a certifying statement upon project completion that all of the qualifying iron and steel components used in the project were produced in the United States. Contractor shall ensure that all subcontractors and suppliers on the project have met the AIS requirements. Certification forms for the contractor and subcontractors/suppliers are found in Exhibit E of Section 00900. 26.3 A waiver from the American Iron and Steel requirements may be issued by the Administrator of the Environmental Protection Agency if it is found that: 1) applying the American Iron and Steel provisions would be inconsistent with the public interest; 2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Waiver requests must be submitted to the state for review and submittal to the EPA. END OF SECTION 00200 Section 00200 — 6th Edition INSTRUCTIONS TO BIDDERS Page 14 of 14 General Decision Number: MT150076 08/07/2015 MT76 Superseded General Decision Number: MT20140076 State: Montana Construction Type: Heavy Counties: Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis And Clark, Madison, Meagher, Powell, Silver Bow and Yellowstone National Park Counties in Montana. HEAVY CONSTRUCTION PROJECTS Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 07/10/2015 2 07/24/2015 3 08/07/2015 BRMT0001-004 06/01/2014 BEAVERHEAD, DEER LODGE, GRANITE, JEFFERON, MADISON, POWELL, AND SILVER BOW COUNTIES Rates Fringes BRICKLAYER.......................$ 26.21 12.64 ---------------------------------------------------------------- BRMT0005-002 06/01/2014 GALLATIN COUNTY Rates Fringes BRICKLAYER.......................$ 26.21 12.64 ---------------------------------------------------------------- BRMT0006-005 06/01/2014 BROADWATER, LEWIS AND CLARK, MEAGHER, AND YELLOWSTONE NATIONAL PARK COUNTIES Rates Fringes BRICKLAYER.......................$ 26.21 12.64 ---------------------------------------------------------------- ELEC0044-003 06/01/2015 Rates Fringes LINE CONSTRUCTION (1) Lineman.................$ 42.47 14.61 ---------------------------------------------------------------- ELEC0233-018 06/01/2015 BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POWELL, AND SILVER BOW COUNTIES Rates Fringes ELECTRICIAN......................$ 28.80 12.76 ---------------------------------------------------------------- ELEC0233-020 06/01/2015 BROADWATER, LEWIS AND CLARK, AND MEAGHER COUNTIES Rates Fringes ELECTRICIAN......................$ 29.98 11.60 ---------------------------------------------------------------- ELEC0322-003 06/01/2012 YELLOWSTONE NATIONAL PARK Rates Fringes ELECTRICIAN......................$ 27.53 10.96 ---------------------------------------------------------------- ENGI0400-009 05/01/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (Zone 1) (1) A-frame truck Crane, oiler (except crane).......$ 23.47 10.40 (2) Crane Oiler,Bulldozer, Roller (Dirt and Grade Compaction).................$ 23.94 10.40 (3) Mechanic, Scraper.......$ 24.34 10.40 (4) Cranes, 25 tons - 44 tons........................$ 27.00 11.40 (5) Cranes, 45 tons to and incl. 74 tons...............$ 28.00 11.40 (6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All)...............$ 29.00 11.40 (7) Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- Leg or Derrick; Helicopter Hoist; Crane, Tower (all)...$ 30.00 11.40 ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $5.50 ---------------------------------------------------------------- * IRON0732-018 06/01/2015 Rates Fringes IRONWORKER: Reinforcing and Structural.......................$ 27.00 19.78+a a: PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veteran's DAy, Thanksgiving Day, Day following Thanksgiving, and Christmas Day. ---------------------------------------------------------------- LABO1686-011 05/01/2012 Rates Fringes LABORER (2) Mason Tender............$ 20.10 9.05 (3) Pipelayer...............$ 20.24 9.05 ZONE DEFINITIONS FOR LABORERS The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following listed town to the center of the job: Billings, Bozeman, Butte, Helena, Great Falls, Missoula, Kalispell TRAVEL ZONES: ZONE 1: 0 to 30 miles, Base Pay ZONE 2: 30-60, add $3.05 to Base Pay ZONE 3: Over 60 miles, add $4.85 to Base Pay ---------------------------------------------------------------- SUMT2011-051 02/08/2011 Rates Fringes CARPENTER (Form Work Only).......$ 24.30 7.80 CARPENTER, Excludes Form Work....$ 21.13 7.00 LABORER: Common or General......$ 18.11 5.90 LABORER: Landscape and Irrigation.......................$ 15.14 1.30 OPERATOR: Backhoe...............$ 24.16 8.05 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 21.99 8.55 OPERATOR: Excavator.............$ 23.12 7.81 OPERATOR: Grader/Blade..........$ 24.69 8.40 OPERATOR: Loader (Front End)....$ 24.20 7.84 TRUCK DRIVER: Dump Truck........$ 18.84 5.92 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION 1 BID FORM BID FORM BOZEMAN LANDFILL LFG/SVE TREATMENT SYSTEM CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all Work for the construction of SVE and Air Injection Wells, buried underground piping, condensate sumps and tanks, leachate pumps, equipment skids and flare (owner supplied) and related items including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 160 calendar days. Where multiple schedules are awarded under a single Contract, the Contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. 2 BID FORM The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. Bidder agrees to perform all the Work described in the following unit prices or lump sums: BID SCHEDULE See the attached Bid Schedule The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid. No. _______________________________ No. _______________________________ No. _______________________________ Dated __________________________ No. _______________________________ Submitted this __________day of ____________________, 2015. SIGNATURE OF BIDDER: Montana Contractor Registration Number ____________________________ Special Fuel User Permit Number ___________________________________ If an individual: __________________________________________________ doing business as ________________________________________________ 3 BID FORM If a Partnership: _________________________________________________ by ______________________________________________________________, partner If a Corporation: _________________________________________________ (a) ____________________________________________ Corporation by ____________________________________________________________ Business Address of Bidder: _______________________________________ If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an individual: __________________________________________________ doing business as ________________________________________________ If a Partnership: __________________________________________________ by _____________________________________________________________ Partner _________________________________________________________ If a Corporation: __________________________________________________ (a) _____________________________________________ Corporation By Title __________________________________________________ Seal & Attest BID SHEET PAY ITEM DESCRIPTION UNITS APPROX. QTY.UNIT PRICE AMOUNT DRILLING 1 Drill Rig Mobilization/Demobilization LS 1 2 SVE Well Drilling and Completion, 12" diameter boring, 4" SCH 80 PVC Well Casing (per Detail 2/8)VF 438 3 Air Injection Drilling and Completion, 12" diameter boring, 2" SCH 80 PVC Well Casing (per Detail 3/8)VF 203 DRILLING TOTAL: FIELD CONSTRUCTION (Sheets 1-12, 23) 4 Piping Crew Mobilization/Demobilization LS 1 5 SVE Well Vault/Assembly at well casing (per Detail 4/9)EA 16 6 SVE Remote Wellhead Assembly (per Detail 2/9)EA 16 7 Pneumatic Submersible Pump, Bundled Tubing, Level Probe/Indicator, Easy Fittings, and Clamps. Mount to wellhead assembly (per Detail 1 or 2/11) EA 16 8 Dual Extraction Wellhead Assembly (per Detail 1 or 2/11)EA 16 9 Air Injection Vault/Assembly at well casing (per Detail 5/9)EA 6 10 Air Injection Remote Wellhead Assembly (per Detail 3/9)EA 6 11 Manifold Vault, 30" x 60" Concrete Vault with Spring Assisted Cover (See Details 2 and 3, Sheet 9)EA 6 12 8" SDR 17 HDPE pipe & fittings, below grade (per Detail 7/9)LF 1,420 13 6" SDR 17 HDPE pipe & fittings, below grade (per Detail 7/9)LF 1,050 14 4" SDR 17 HDPE pipe & fittings, below grade (SVE or LFG) in individual trench (per Detail 7/9)LF 2,160 15 4" SDR 17 HDPE pipe & fittings, below grade (SVE) in common trench (per Detail 7/9)LF 860 16 4" SDR 9 HDPE Compressed Air pipe & fittings, below grade in common trench with LFG piping (per Detail 7/9)LF 2,450 17 2" SDR 11 HDPE Condensate pipe & fittings, below grade in individual trench (or considered primary pipe when combined with air LF 4,270 18 2" SDR 11 HDPE Condensate pipe & fittings, below grade in common trench (per Detail 7/9)LF 2,410 19 2" SDR 9 HDPE Compressed Air pipe & fittings, below grade in individual trench (per Detail 7/9)LF 470 20 2" SDR 9 HDPE Compressed Air pipe & fittings, below grade in common trench (per Detail 7/9)LF 5,360 21 Condensate Sump #2 Assembly (per Detail 2/12)ASSY 1 22 Condensate Line Connection at Existing Tank (per Detail 1/10)ASSY 1 DRILLING, FIELD PIPING AND TREATMENT SYSTEM CONSTRUCTION BID SHEET CITY OF BOZEMAN LANDFILL BOZEMAN LANDFILL GAS/SOIL VAPOR EXTRACTION TREATMENT SYSTEM 23 12" Corrugated HDPE Sleeve (per Detail 1/9)LF 60 24 18" Corrugated HDPE Sleeve (per Detail 8 or 9/9)LF 70 25 Remove & Re-install Fencing to provide access to well drilling/trenching locations LF 240 26 New 3 Phase Electrical Service to Treatment Plant (Verify tie-in location with City, conduit and wire size)LS 1 FIELD CONSTRUCTION TOTAL: TREATMENT FACILITY (Sheets 13-22) 27 Mobilization/Demobilization (Concrete/Mechanical Subs)LS 1 28 Install Flare, Blower Skid, and appurtenances, including: flame arrestors, pneumatic shutdown valves, valves, flex hoses, 4" and 6" SS interconnect piping, anchoring (City to Purchase Equipment) LS 1 29 Equipment Concrete Pad, 20' x 40' x 6" (per Detail 1/17)LS 1 30 Flare Concrete Pad, 10' x 10' x 12" (per Detail 2/17)LS 1 31 Concrete Footing and Rebar cage for Light Pole (per Detail 9/19)LS 1 32 Finish Grading, pavement cutting, overexcavation for slabs, compaction, place gravel around flare/equipment pads LS 1 33 Ingersoll Rand Oil-Free Rotary Screw Air Compressor (SL37)EA 1 34 Condensate Storage System, including: 1,150 gallon tank, seismic restraint, 55 gallon GAC canister, ladder, piping, valves, flame check, support rack, and camlocks (Per Sheet 16 and Detail 8/19) LS 1 35 Electrical Installation (conduits, wiring of equipment/ components, thermal oxidizer, compressor, level transmitter, flow elements, pressure switch, area lighting, seal-offs, trenching ground grid system per sheets 21/22 and applicable details) LS 1 36 Condensate Sump #1 Assembly (per Detail 1/12)LS 1 37 Pipe Insulation and Heat Trace for 2" above grade pipe and Condensate Tank LS 1 38 Site Fencing and Gates (2-3' gates and 1 -12' gate)LF 150 39 1/2" B.I. Propane pipe & fittings (below/above grade)LF 30 40 1/2" CS Compressed Air Line pipe & fittings (below/above grade)LF 50 41 1" SDR 9 HDPE, Compressed Air pipe & fittings, below grade LF 10 42 2" SDR 9 HDPE, Compressed Air pipe & fittings, below grade LF 40 43 2" SDR 11 HDPE, Condensate Conveyance pipe & fittings, below/above grade LF 120 44 4" SDR 17 HDPE pipe & fittings (connect to KO)LF 6 45 8" SDR 17 HDPE pipe & fittings (below/above grade)LF 20 46 Pipe Support (Detail 6/19)EA 1 47 Pipe Support (Detail 1/19)EA 12 48 Pipe Support (Detail 3/19)EA 6 49 Pipe Support (Detail 5/19)EA 7 50 Pipe Support (Detail 7/19)EA 1 51 Remove and Dispose of existing blower skid and utility flare LS 1 DRILLING TOTAL: FIELD CONSTRUCTION TOTAL: TREATMENT FACILITY TOTAL: TOTAL BID: & /DOLLARS 3822 East University Drive, Suite 2 Phoenix, Arizona 85034 Notes: Prepared By: SNA Checked By: KAJ Job No.Updated: 8/21/2015 ________________________________ WRITTEN WORDS _______________________________________________________ TOTAL AMOUNT OF BID: AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2015, by and between CITY OF BOZEMAN, hereinafter called OWNER, and ______________________ hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: The installation Soil Vapor Extraction (SVE) Wells; buried piping for transmission of collected Landfill Gas (LFG), Soil Vapor gas, leachate and compressed air; condensate sumps; leachate collection pumps; condensate sumps; reinforced concrete equipment pads; new electrical service, wiring and controls; and a vendor supplied pump skid and flare stack. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bozeman Landfill LFG/SVE Treatment System. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 160 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of _________________________________________________________ ($__________). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR 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. This prohibition shall apply to the hiring and treatment of the CONTRACTOR’S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Project Specifications. 7.11 Montana Public Works Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.12 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title (JOINT VENTURE) By (SEAL &) (ATTEST) Title _____________________________ City of Bozeman (OWNER) By _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) _____________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) c:\wpdocs\forms\agreefrm.mrg Section 00900 April 2014 1 SECTION 00900 FUNDING AGENCY SPECIAL PROVISIONS FOR MONTANA PUBLIC FACILITY PROJECTS This section supplements Division 0 of the Montana Public W orks Standard Specifications, Sixth Edition, dated April, 2010. Included herein are supplemental general conditions that are required by Montana public facility funding programs or agencies listed in 1.1 below but are not included in the Montana Public Works Standard Specifications, Division 0. ARTICLE 1. SPECIAL PROVISIONS 1.1 FUNDING AGENCIES This project is being funded with funds from one or more of the following public facility funding programs or agencies: Renewable Resource Grant and Loan Program (RRGL) Treasure State Endowment Program (TSEP) United States Department of Agriculture Rural Development (USDA/RD) Community Development Block Grant Program (CDBG) Drinking Water or Water Pollution Control State Revolving Fund Loan Program (SRF) 1.1.1 Applicable Funding Agency Special Provisions In addition to Section 1.2 below, the following sections also apply as indicated: Section 1.3 (Additional USDA/RD Requirements) Section 1.4 (Additional CDBG Requirements) X Section 1.5 (Additional SRF Requirements) X Exhibit C (Federal Labor Standards Provisions) Exhibit D (DBE Forms) X Exhibit E (American Iron and Steel Forms) 1.2 SPECIAL PROVISIONS FOR ALL FUNDING AGENCIES The following requirements pertain to all of the funding programs or agencies listed in 1.01 above. If project funding sources include any of the programs or agencies listed, the following general requirements must be met in addition to those required in the Montana Public Works Standard Specifications, Division 0: 1.2.1 Reports, Information, and Access to Records The contractor, at such times and in such form as required by the owner (defined herein as the entity for which the project is being constructed) shall furnish reports pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. The owner and any federal, state or local governmental agency having a valid interest in this project shall be permitted by the contractor to have full access to and the right to examine pertinent documents of the contractor involving transactions related to this contract during the period of the project and for three (3) years from the date of final payment or until all findings have been resolved to the satisfaction of the funding agencies. Section 00900 April 2014 2 1.2.2 Contractor Eligibility and Certification Regarding Debarment The contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, or otherwise ineligible to receive any Montana public works contracts or subcontracts pursuant to 18-2-432 (2), MCA. For federally funded projects, the contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension" (24 CFR 24.505). 1.2.3 Contractor Registration and Worker’s Compensation Requirements Title 39, Chapter 9, Parts 1 and 2 MCA stipulate contractor registration requirements for the State of Montana. Pursuant to 39-9-201 MCA, each construction contractor must be registered with the Montana Department of Labor and Industry. In accordance with 39-9-102 MCA, “construction contractor” means a person, firm, or corporation that, in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid for construction. No bid shall be considered that does not carry the bidder’s Montana Contractor’s Registration Number on the bid form. Registration forms and additional information may be obtained by contacting the Montana Department of Labor and Industry, 1805 Prospect Ave., P.O. Box 8011, Helena, MT 59604-8011, or by calling 406-444- 7734. The contractor must provide certification that workers' compensation insurance will be maintained as required by the Montana Workers' Compensation Act (39-71-101 MCA). 1.2.4 Minimum Wage Requirements Unless superseded by federal law, 18-2-401 MCA and 18-2-402 MCA require that each employer pay, as a minimum, the rate of wages, including fringe benefits and zone pay applicable for the work being performed, as provided in the current Montana Prevailing Wage Requirements as determined by the Montana Department of Labor and Industry. The current wage determination(s) must be included in the contract documents. If the SRF Loan Program is funding the project in whole or in part, federal and state laws require that each employer pay, as a minimum, prevailing wages for each classification in accordance with the Federal Labor Standards Provisions (Davis-Bacon) (Exhibit C) or Montana Prevailing Wage Requirements, whichever is greater. If the CDBG Program is funding the project in whole or in part, HUD Form 4010-Federal Labor Standards Provisions (Exhibit B) must be included in the contract documents. 1.2.5 Compliance With State and Federal Laws and Regulations All applicable laws, ordinances, rules and regulations of authorities having jurisdiction over construction of the project shall apply to the contract throughout. The contractor must comply with all applicable state and federal occupational disease and health and safety laws and regulations. 1.2.6 Project Sign All projects will have a sign erected at a prominent location near the major portion of the work in plain view of the general public prior to submittal of the first pay estimate. The sign will generally conform to the following: Section 00900 April 2014 3 “The CONTRACTOR, or such contractor as the ENGINEER may designate, when construction begins, shall erect a sign constructed of 4’X8’X¾” exterior plywood (A-B) and shall be supported by and bolted to two (2) 4”X4” posts with the bottom of the sign at a point at least two (2) feet above the ground line. The project sign shall be maintained in a good condition until project completion. The sign will be edged, painted and lettered as shown on Exhibit A. The letters shall be approximately three (3) inches in height. The cost of the sign is incidental to the contract price. The sign shall remain the property of the owner. A statement indicating all agencies participating in the financing of the project shall be included on the sign. The sign shall be subject to agency approval prior to being erected. 1.2.7 Gross Receipts Withholding Requirements Pursuant to Section 15-50-206(2)(3), MCA, the owner is required to withhold one percent (1%) of all payments due the contractor and is required to transmit such moneys to the Montana Department of Revenue as part of the public contractor's license fee. In like fashion, the contractor is required to withhold one percent (1%) from payments to subcontractors. 1.2.8 Clean Air and Clean Water Acts, Executive Order 11738 and EPA Regulations: If this Contract exceeds $100,000, Contractor shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738; and Environmental Protection Agency Regulations (40 CFR Part 15). 1.3 ADDITIONAL SPECIAL PROVISIONS FOR USDA/RD 1.3.1 The following documents shall be attached to and made a condition of the contract documents for any project funded, in whole or in part, by Rural Development: If the bid amount exceeds $10,000, signed Compliance Statement (RD 400-6). Refer to specific equal opportunity requirements set forth in paragraph 18.10 of the General Conditions; If the bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (AD-1048); and If the bid amount exceeds $100,000, signed RD Instruction 1940-Q, Exhibit A-1, Certification for Contracts, Grants, and Loans. Refer to paragraph 18.11 of the General Conditions. 1.3.2 Free and Open Competition All procurement transactions will be conducted in a manner that provides maximum free and open competition. Examples of what are considered to be restrictive of competition include but are not limited to: employment preferences to Montana Bidders or Montana Contractors and Montana residents. 1.3.3 Contractor’s Retainage No payments will be made that would deplete the retainage nor place in escrow any funds that are required for retainage or invest the retainage for the benefit of the contractor. Section 00900 April 2014 4 1.4 ADDITIONAL SPECIAL PROVISIONS FOR CDBG 1.4.1 Equal Employment Opportunity Provisions a. Equal Employment Opportunity (Executive Order 11246). During the performance of this contract, the Contractor agrees as follows: (i) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (ii) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (iii) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Department's contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (iv) The contractor will comply with all of the provision of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (v) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (vi) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (vii) The contractor will include the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that each provision will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. b. Title VII of the Civil Rights Act of 1964. Provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. c. Section 109 of the Housing and Community Development Act of 1974. "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the Section 00900 April 2014 5 benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity." d. Section 3 of the Housing and Community Development Act of 1968. The contractor will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBG- assisted project will be extended to project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of contracts and purchase of services and supplies. e. Minority Business Enterprise. Under the provisions of Executive Order 11246 contractors on federally- funded projects are required to take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the owner upon request. f. Nondiscrimination Provision in all Public Contracts Pursuant to Section 49-3-207, MCA, the Contractor certifies that all hiring will be on the basis of merit and qualifications and there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. 1.4.2 Uniform Federal Accessibility Standards (UFAS) All design specifications for the construction of any building shall provide access to the physically handicapped in accordance with the Uniform Federal Accessibility Standards and HUD regulations 24 CFR Part 8, "Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of HUD". 1.4.3 Certification of Compliance with Federal Clean Air and Water Acts (Applicable to Federally Assisted Construction Contracts and Related Sub-Contracts Exceeding $100,000.) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended. 1.4.4 Preconstruction Conference After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussion requirements on such matters as project supervision, coordination with city or county officials, on-site inspections, progress schedules and reports, payrolls, payments to contractors, contract change orders, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated. 1.4.5 Contract Pricing The cost plus a percentage of cost method of contracting shall not be used. Section 00900 April 2014 6 1.5 ADDITIONAL SPECIAL PROVISIONS FOR SRF 1.5.1 Equal Employment Opportunity and Affirmative Action Requirements on Federally Assisted Construction Contracts NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation in each trade 3.3% Goals for female participation in each trade 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number for the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed (see form on page 11). 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Billings Economic Area _. This notice shall be included in, and shall be a part of, all solicitations for offers and bids on all federal and federally assisted construction contracts or subcontracts. EQUAL OPPORTUNITY CLAUSE The Equal Opportunity Clause published at 41 CFR Part 60-1.4(b) is required to be included in, and is part of, all nonexempt federally assisted construction contracts and subcontracts. The Equal Opportunity Clause shall be considered to be a part of every contract and subcontract required by the regulations in this part to include such a clause, whether or not it is physically incorporated in such contracts. In addition to the clause described above, all federal contracting officers, all applicants, and all non-construction contractors, as applicable, shall include the specifications set forth in this section in all federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Section 00900 April 2014 7 Director pursuant to §60-4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of non-construction Federal contracts and subcontracts covered under the Executive Order. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered Area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area, (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs (7)(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably by able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the federal register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. Section 00900 April 2014 8 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under (7)(b) above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. Section 00900 April 2014 9 h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7)(a) through (p). The efforts of a contractor association, joint contractor- union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7)(a) through (p) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive order if a specific minority group of women is under-utilized). Section 00900 April 2014 10 10. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) 11 Section 00900 April 2014 CONTRACTOR’S NAME, ADDRESS & TELEPHONE NUMBER Return to: USDOL/ESA/OFCCP Denver District Office 1999 Broadway-Suite 1177 P.O. BOX 46550 Denver, CO 80201-6550 _ _ CONTRACTOR’ EMPLOYER ID NUMBER: _ CONTRACT INFORMATION PROJECT AND LOCATION: Dollar Amount of Contract Estimated Start Date Estimated Completion Date Contract No. Geographical Area NOTIFICATION OF SUBCONTRACTS AWARDED (>$10,000) Subcontractors Name, Address, & Phone Number Employer ID Number of Subcontractor Estimated $ Amount of Subcontract Estimated Start Date Estimated Completion Date Section 00900 April 2014 12 1.5.2 Guidance for Utilization of Small, Minority, and Women Business Enterprises (DBE) Requirements of 40 CFR 35.3145(D) The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. A. REQUIREMENTS 1. The recipient and prime contractor will exercise good faith efforts to attract and utilize small, minority, and women's business (DBEs) enterprises primarily through outreach, recruitment, and race/gender neutral activities. At a minimum, the recipient and project bidders will follow the six affirmative steps below: a. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities including placing DBEs on solicitation lists and soliciting them whenever they are potential sources; b. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, when the requirements of the work permit, which will encourage participation by DBEs; c. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by DBEs; d. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually; e. Using the services of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate; and f. Require a. through e. to be taken if subcontracts are awarded. B. FAIR SHARE OBJECTIVE 1. The fair share objective for this project is 2 %MBE's and 3 % WBE's. C. DEFINITIONS 1. Minority Business Enterprise (MBE) is a business concern which is: a. Certified as socially and economically disadvantaged by the Small Business Administration; (1) Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. (2) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished capital and credit opportunities, as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Small Business Administration shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individuals. Individuals who certify that they are members of named groups (Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans), are to be considered socially and economically disadvantaged. Economically and socially disadvantaged individuals are deemed to include women. b. Certified as a minority business enterprise by a State or Federal agency; or c. An independent business concern which is at least 51 percent owned and controlled by minority group member(s). Section 00900 April 2014 13 (1) A minority group member is an individual who is a citizen of the United States and one of the following: (a) Black American: (b) Hispanic American (with origins from Puerto Rico, Mexico, Cuba, South or Central America) (c) Native American (American Indian, Eskimo, Aleut, native Hawaiian); or (d) Asian-Pacific American (with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan or the Indian subcontinent). (2) In order to satisfy the third criteria of the MBE definition, the minority ownership's interest must be real, substantial and continuing. Such interest is characterized by: (a) Risk of loss/share of profit commensurate with the proportional ownership; and (b) Receipt of the customary incidents of ownership, such as compensation (i.e. salary and other personnel compensation). (3) A minority owner must have and exercise control of the business decisions. Characteristics of control include, but are not limited to: (a) Authority to sign bids and contracts; (b) Decisions in price negotiations; (c) Incurring liabilities for the firm; (d) Final staffing decisions; (e) Policy-making; and (f) General company management decisions. (4) Only those firms performing a useful business function according to custom and practice in the industry are qualified as MBEs. Acting merely as a passive conduit of funds to some other firm where such activity is unnecessary to accomplish the project does not constitute a "useful business function according to custom and practice in the industry." The purpose of this approach is to discourage the use of MBE "fronts" and limit the creation of an artificial supplier and broker marketplace. 2. W omen's Business Enterprise (W BE) is a business which is certified as such by a State or Federal agency, or which meets the following definition: "A women's business enterprise is an independent business concern which is at least 51 percent owned by a woman or women, who also control and operate it. Determination of whether a business is at least 51 percent owned by a woman or otherwise qualified WBE which is 51 percent owned by a married woman in a community property State will not be disqualified because her husband has a 50 percent interest in her share. Similarly, a business which is 51 percent owned by a married man and 49 percent owned by an unmarried woman will not become a qualified WBE by virtue of his wife's 50 percent interest in his share of the business." As in the case of a MBE, only United States citizens will be deemed to be WBEs. Similar to the MBE criteria, WBE should meet the criteria cited in subparagraphs C.1.c.(2), (3), and (4). 3. Fair Share or Fair Share Objective A fair share or a fair share objective is an amount of funds reasonably commensurate with the total project funding and the availability of qualified MBEs and WBEs, taking into account experience on EPA-funded projects and other comparable projects in the area. A fair share objective does not constitute an absolute requirement, but a commitment on the part of the bidder to exercise good faith efforts as defined in this section to use MBEs and WBEs to achieve the fair share objective. Section 00900 April 2014 14 4. Small Business (SBE). Any business entity, including its affiliates, that is independently owned and operated, and not dominant in its field of operations in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards set forth in 13 CFR Part 121. 5. Small Business in a Rural Area. A small business in a rural area (SBRA) is a business entity meeting the definition of a small business, and is located and conducts its principal operations in a geographical area (county) listed in the Small Business Administration's Listing of Non-Metropolitan Counties by State. 6. Recipient. A party receiving SRF financial assistance. 7. Project. The work financed through an SRF loan. 8. Bidder. A party seeking to obtain a contract with a recipient through a competitive, advertised, sealed bid process. 9. Offeror. A party seeking to obtain a contract with a recipient through a negotiative procurement process. 10. Prime Contractor. A party that has obtained a contract with a recipient through a competitive, advertised, sealed bid process. 11. Good Faith Efforts. Good faith efforts by a recipient, prime contractor, and/or bidder/offeror means efforts to attract and utilize SBEs, MBEs, and WBEs (DBEs) primarily through outreach, recruitment, and race/gender neutral activities. The following are examples of activities to assist recipients, prime contractors and/or bidders/offerors to comply with good faith efforts. a. Include qualified SBEs, MBEs, and WBEs on solicitation lists. (1) Maintain and update a listing of qualified SBEs, MBEs, and WBEs and SBRAs that can be solicited for supplies, construction and/or services. (2) Provide listings to all interested parties who requested copies of the bidding or proposing documents. (3) Contact appropriate sources within your geographic area and State to identify qualified MBEs and WBEs for placement on your minority and women's business listings. (4) Utilize other MBE/WBE listings such as those of the State's Minority Business Office, the Small Business Administration, Minority Business Development Agency, US EPA- Office of Small and Disadvantaged Business Utilization (OSDBU) and the Department of Transportation. (5) Have the State environmental agency personnel review this solicitation list. b. Ensure that SBEs, MBEs, and WBEs are solicited. (1) Conduct meetings, conferences, and follow-ups with SBEs, MBEs, WBEs, and SBRAs, small, minority and/or women's business associations, minority media, etc., to inform these groups of opportunities to provide supplies, services, and construction. (2) MBE utilization is facilitated if the recipient or prime contractor advertises through the minority media. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project. (3) Conduct pre bid, pre-solicitation, and post-award conferences to ensure that consultants, suppliers, and builders solicit SBEs, MBEs, WBEs, and SBRAs. (4) Provide bidders and offerors with listings of qualified SBEs, MBEs, WBEs, and SBRAs and establish that a fair share of contracts/procurements should be awarded to these groups. (5) Advertise in general circulation, trade publications, State agency publications of identified source, minority or women's business focused media, etc., concerning contracting opportunities on your projects. Maintain a list of minority or women's business-focused publications that may be utilized to solicit MBEs or WBEs. Section 00900 April 2014 15 (6) Provide interested SBEs, MBEs, WBEs, or SBRAs with adequate information about plans, specifications, timing and other requirements of the proposed projects. (7) Provide SBE, SBRA, MBE or WBE trade organizations with succinct summaries of solicitations. (8) Notify SBEs, MBEs, WBEs, or SBRAs of future procurement opportunities so that they may establish bidding solicitations and procurement plans. c. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, where requirements of the work permit, which will encourage participation by SBEs, MBEs, WBEs and SBRAs. (1) Consider lead times and scheduling requirements often needed by SBE, MBE, WBE or SBRA participation. (2) Develop realistic delivery schedules which may provide for greater SBE, MBE, WBE or SBRA participation. (3) Whenever possible, post solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date d. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of SBEs, MBEs, WBEs and SBRAs. (1) Perform an analysis to identify portions of work that can be divided and performed by qualified SBEs, MBEs, WBEs and SBRAs. (2) Scrutinize the elements of the total project to develop economically feasible units of work that are within the bonding range of SBEs, MBEs, WBEs and SBRAs. (3) Analyze bid packages for compliance with the good faith efforts to afford SBEs, MBEs, WBEs and SBRAs maximum participation. (4) Encourage contracting with a consortium of SBEs, MBEs, WBEs, and SBRAs when a contract is too large for one of these firms to handle individually e. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the US Department of Commerce, as appropriate. (1) Use the services of outreach programs sponsored by the Minority Business Development Agency and/or the Small Business Administration to recruit bona fide firms for placement on SBEs', MBEs', WBEs', or SBRAs' bidders lists to assist these firms in the development of bid packaging. (2) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime contractors in identifying MBEs for potential work opportunities on this project. f. If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs a. through e. of this section. D. ADDITIONAL CONTRACT PROVISIONS 1. The prime contractor must pay its subcontractors for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the owner. 2. The prime contractor must notify the owner in writing prior to any termination of a DBE subcontractor for convenience. 3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts if soliciting a replacement subcontractor, even if the fair share objectives have already been achieved. Section 00900 April 2014 16 4. The prime contractor must distribute EPA Form 6100-2, DBE Program Subcontractor Participation Form (see Exhibit D) to all of its DBE subcontractors. The subcontractors can submit completed forms to the EPA DBE Coordinator (address included on the form) at any time during the project period of performance. 5. The prime contractor must have its DBE subcontractors complete EPA Form 6100-3, DBE Program Subcontractor Performance Form (see Exhibit D) and include completed forms in its bid / proposal package or submit the form within seven (7) calendar days of the bid opening. 6. The prime contractor must complete EPA Form 6100-4, DBE Program Subcontractor Utilization Form (see Exhibit D) and submit as part of its bid or proposal package or submit the form within seven (7) calendar days of the bid opening. 7. Failure to submit the requested information (Form 6100-3 and Form 6100-4) within seven (7) calendar days of the bid opening may be viewed as non-responsive. 8. Additional DBE forms can be downloaded at http://www.epa.gov/osdbu/grant.htm E. REPORTING 1. Bidders/offerors shall demonstrate compliance with “good faith” efforts in order to be deemed responsible. At a minimum this will include completing EPA forms 6100-3 and 6100-4 as discussed above. Additional efforts could include maintaining phone/mail logs (see attached MBE/WBE Subcontractor Solicitation Sheet), submitting proof of DBE solicitation advertisements, completion of the on-line DBE quote request form located at http://www.mdt.mt.gov/business/contracting/civil/quotereq.shtml, etc.. The owner may specify other methods of demonstrating compliance. 2. Documentation of a “good faith” effort should be submitted with the bid. Section 00900 April 2014 17 Section 00900 April 2014 1.5.3 Certification Regarding Debarment, Suspension and Other Responsibility Matters A. INSTRUCTIONS Under Executive Order 12549, an individual or organization debarred or excluded from participation in Federal assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for $25,000 or more. The status of prospective individuals or organizations can be checked at: http://www.sam.gov/ A prospective prime contractor must submit a completed certification (see form on the following page) or explanation to the project owner for the project. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. B. HOW TO OBTAIN FORMS Additional forms may be obtained from the State or may be reproduced. Section 00900 April 2014 18 SRF Project Number United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. Section 00900 April 2014 19 1.5.4 Prohibition against Listed Violated Facilities A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (2) W ater Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act (42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4) Clean W ater Standards means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of W ater Act (33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. (6) Facility means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. 1.5.5 Discovery of Archaeological and other Historical Items In the event of an archaeological find during any phase of construction, the following procedure will be followed: (1) Construction shall be halted, with as little disruption to the archaeological site as possible. (2) The Contractor shall notify the Owner who shall contact the State Historical Preservation Officer. Section 00900 April 2014 20 (3) The State Historical Preservation Officer may decide to have an archaeologist inspect the site and make recommendations about the steps needed to protect the site, before construction is resumed. (4) The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds. A similar procedure should be followed with regard to more recent historical resources. Should any artifacts, housing sites, etc., be uncovered, the same procedure should be followed as for an archaeological find. In the event archaeological/historical data are evaluated to meet National Register criteria, the Advisory Council on Historic Preservation may be notified and asked to comment. 1.5.6 Williams-Steiger Occupational Safety and Health Act of 1970 A. AUTHORITY (1) The contractor is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970. (2) These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s) , including but not limited to the latest amendment of the following: a. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 94-596; b. Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations; c. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. B. SAFETY AND HEALTH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 - Safety and Health Regulations for Construction (29 CFR 22801), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda to be included. Attendance by the owner, architect, general foreman, shop steward(s), and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the owner and architect, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970. (5) This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein Section 00900 April 2014 21 1.5.7 Wage Determination The Contractor and all subcontractors shall pay for all labor employed at no less than the minimum standard prevailing rate of wages for each classification, which shall be the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. Please refer to EXHIBIT C for Federal Labor Standards Provisions for Federally Assisted Construction Contracts. If you have a question about complying with the prevailing wage regulations (occupations, payroll forms, payment of fringe benefits, travel or per diem, etc.), you should contact the Labor Standards Bureau Wage and Hour Unit of the Montana Department of Labor and Industry or visit their website: http://dli.mt.gov/ 1.5.8 Access 1. The recipient must insure that representatives of the Environmental Protection Agency and the State will have access to project records and the project work whenever it is in preparation or progress and must provide proper facilities for such access and inspection. The recipient must allow the Regional Administrator, the Comptroller General of the United States, the State agency, or any authorized representative, to have access to any books, documents, plans, reports, papers, including records of contractors which are pertinent to the project for the purpose of making audit, examination, excerpts, copies, and transcriptions thereof. The recipient must insure that a party to a subagreement will afford access to such project work, sites, documents, and records. 1.5.9 Construction Site Erosion and Sediment Control Measures Every effort shall be made by the contractors and subcontractors to prevent and correct problems associated with erosion and runoff processes which could occur during and after project construction. The efforts should be consistent with applicable local ordinances, the EPA Nonpoint Source Pollution Control Guidance and Department of Environmental Quality Stormwater Management Plan. Wherever appropriate, the contractor's efforts shall reflect the following engineering principles: 1. When appropriate, land grading and excavating should be kept at a minimum to reduce the possibility of creating runoff and erosion problems which require extensive control measures. 2. Whenever possible, topsoil should be removed and stockpiled before grading begins. 3. Land exposure should be minimized in terms of area and time. 4. Exposed areas subject to erosion should be covered as quickly as possible by means of mulching or vegetation. 5. Natural vegetation should be retained whenever feasible. 6. Appropriate structural or agronomic practices to control runoff and sedimentation should be provided during and after construction. 7. Early completion of stabilized drainage systems (temporary and permanent systems) will substantially reduce erosion potential. 8. Roadways and parking lots should be paved or otherwise stabilized as soon as feasible. 9. Clearing and grading should not be started until a firm construction schedule is known and can be effectively coordinated with the grading and clearing activity. Section 00900 April 2014 22 1.5.10 American Iron and Steel (AIS) Requirements On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision to for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, rebar, and construction materials. The iron and steel products used in the project must comply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L. 113-76) and as further interpreted by applicable EPA guidance (see http://water.epa.gov/grants_funding/aisrequirement.cfm ). The Contractor will be required to provide the Owner with a certifying statement upon project completion that all of the qualifying iron and steel components used in the project are produced in the United States. Contractor shall ensure that all subcontractors and suppliers on the project have met the AIS requirements. Certification forms for the contractor and subcontractors/suppliers are found in Exhibit E of Section 00900. A waiver from the American Iron and Steel requirements may be issued by the Administrator of the Environmental Protection Agency if it is found that: 1) applying the American Iron and Steel provisions would be inconsistent with the public interest; 2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Waiver requests must be submitted to the state for review and submittal to the EPA. 1.6 Exhibits Section 00900 April 2014 EXHIBIT A (Required for All Projects) Project Sign Detail Section 00900 August 2013 26 2 X 4 Border (TYP) EXHIBIT B (Required for CDBG Projects) HUD Form 4010-Federal Labor Standards Provisions EXHIBIT C (Required for SRF Projects) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages) Title 29, Chapter I, Part 5, Subpart A (29 CFR 5.5) Section Name: Contract provisions and related matters. (a) The Recipient shall assure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the applicable FY appropriation requirements, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency or SRF program) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a ``Statement of Compliance,'' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the ``Statement of Compliance'' required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the loan or grant recipient or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the SRF program may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the loan or grant recipient and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_5/29CFR5.5.htm EXHIBIT E American Iron and Steel (AIS) Forms GENERAL CONTRACTOR CERTIFICATION Consolidated Appropriations Act, 2014 USE OF AMERICAN IRON AND STEEL On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for "Use of American Iron and Steel," in Sec. 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. As the general contractor for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of , do hereby certify that by accepting funds allocated from the State Revolving Fund (SRF), I attest that all subcontracts and supplies used on the project(s), where any SRF funds were used, have complied with the above provision of the Consolidated Appropriations Act. Project Name , DEQ Loan Project Number , Authorized Signature , Date , Title , Print Name SUBCONTRACTOR OR SUPPLIER CERTIFICATION Consolidated Appropriations Act, 2014 USE OF AMERICAN IRON AND STEEL On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision to for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. This certification applies to the following specific iron and steel products to be incorporated into this project: Manufacturer Name: Material/Product Description: Location of factory where these products will be manufactured: As a subcontractor or supplier for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of , do hereby certify that by accepting funds allocated from the State Revolving Fund (SRF), I attest that all qualifying iron and steel products purchased for or used on the project(s), where any SRF funds were used, have complied with the above provision of the Consolidated Appropriations Act. Project Name , DEQ Loan Project Number , Authorized Signature , Date , Title , Print Name . 01010-1 SECTION 01010 SUMMARY OF WORK PART 1 – GENERAL 1.01 DESCRIPTION OF WORK A. The Project consists of dismantling the existing landfill gas flare and processing equipment and the installation of new landfill gas processing equipment at the Story Mill Road Landfill in Bozeman, Montana and other appurtenances as identified on the plans and herein. B. The work shall include the installation of soil vapor extraction and air injection wells, construction of below grade landfill gas piping, compressed air, condensate and lateral piping, below grade condensate sump, connection, the dismantling of the existing landfill gas processing skid and flare, the unloading and installation of a landfill gas processing skid and flare, the unloading and the installation of an above grade condensate holding tank, the installation of a compressed air system, and all other appurtenant equipment as shown in the Construction Drawings and as specified herein. The CONTRACTOR shall replace in kind any existing improvements (drainage channels, asphalt millings roads, etc.) damaged during the course of construction at no cost to the City of Bozeman (OWNER). C. The OWNER may award separate contracts for portions of the Project that are to be completed simultaneously with the Work. The CONTRACTOR shall cooperate with the OWNER and other CONTRACTORS so that the OWNER’S work, including landfill and farming operations, or work by other CONTRACTORS, can be carried out smoothly. D. No additional and/or extra compensation will be given for all and/any increases to direct labor costs, subcontract costs, costs of materials and equipment, which includes all fuels. 1.02 WORK HOURS A. Unless otherwise changed by the OWNER, construction activities and material deliveries to the Facility shall be limited to the hours of 7AM to 6 PM. No work outside these hours will be allowed without written approval from the OWNER. 1.03 DISPOSAL OF REFUSE A. The CONTRACTOR will encounter waste during construction activities on the existing landfill. All removal and disposal of construction debris or waste generated during construction is the responsibility of the CONTRACTOR at no additional cost to the OWNER. 01010-2 1.04 FAMILIARIZATION A. Prior to implementing any work, the CONTRACTOR shall become thoroughly familiar with the site, the site conditions, and all portions of the work falling within this Project and the CQA Plan. B. Inspection: 1. Prior to implementing any of the work, the CONTRACTOR shall carefully inspect the site and equipment and verify that the existing piping is complete to the point where the work may properly commence without adverse impact. This would include the location and condition of the header pipe daylight. 2. If the CONTRACTOR has any concerns regarding the site, the CONTRACTOR shall notify the ENGINEER and the OWNER in writing within 48 hours of the site visit. Failure to notify the OWNER or the ENGINEER prior to installation of all items shall be construed as CONTRACTOR’S acceptance of the related work of all other Sections. 3. The CONTRACTOR shall verify as-built conditions prior to placement and/or excavation of any material. 4. The CONTRACTOR shall be responsible for locating all underground utilities prior to excavation of any material. 1.05 PRECEDENCE OF DOCUMENTS A. The Montana Public Works Standard Specifications and Montana Department of Transportation Specifications will be referenced where applicable. In case there is a discrepancy or conflict between these specifications and the project specific Construction Drawings and Project Specifications, the project specific documents will govern. 1.06 CONTRACTOR’S USE OF PREMISES A. CONTRACTOR shall coordinate use of the premises, for his storage and the operation of his workmen, with OWNER and utility service companies. B. The full use of the premises for storage, the operations of workmen and for all other construction activities will not be available to CONTRACTOR. CONTRACTOR must operate entirely within the space allowed to him. The Drawings define the area allocated to CONTRACTOR. C. CONTRACTOR shall be solely responsible for obtaining and paying all costs in connection with any additional work area, storage sites, and access to the site or temporary right-of-way that may be required for proper completion of the Work. D. It shall be understood that responsibility for protection and safe-keeping of equipment and materials on or near the site will be entirely that of CONTRACTOR and that no claim shall be made against the OWNER or his authorized representatives by reason of any act. It shall 01010-3 be further understood that should any occasion arise necessitating access to the sites occupied by these stored materials or equipment, the ENGINEER shall direct CONTRACTOR owning or responsible for the stored materials and equipment to immediately move the same. No materials or equipment may be placed upon the property of the OWNER, other than in the designated areas as shown on the Drawings, unless the ENGINEER has agreed to the location contemplated by CONTRACTOR to be used for storage. All stored materials shall be labeled according to the appropriate CONTRACTOR or SUBCONTRACTOR with the manufacturer’s label as well. Appropriate material safety data sheets (e.g., MSDS) shall be provided. E. CONTRACTOR shall be required to share use of the premises with other CONTRACTORS whose services the OWNER has obtained or will obtain for construction of other facilities on the site. 1.07 AGENCY AND PRIVATE ENTITY COORDINATION & PERMITTING The work to be performed for this project will require significant planning and coordination with City, County, and private agencies. The ENGINEER is responsible for obtaining the building permit. The CONTRACTOR is responsible for obtaining all other permits, payment of fees and/or coordinating with all involved as needed to perform the construction as indicated on the project plans. The following is a list of anticipated public agencies and private entities requiring involvement in this project: Montana811 Underground Utility Locator Dial 811 1.08 PROJECT SCHEDULING Information pertaining to the preparation and submittal of the construction schedule is contained in Section 1300. The timing of construction is critical. It is imperative that the collection system downtime is minimized. To the greatest extent possible, the site should be prepared beforehand to accommodate the expeditious dismantling of the existing equipment and the prompt installation of the new equipment such that the system downtime is limited to 5 days. Based on the anticipated flare delivery on XXXXX, the construction should be substantially complete by XXXXX. 1.09 SUBSTANTIAL COMPLETION A. Substantial Completion means, but is not limited to the completion of the following: 1. Green tag on all electrical work; 2. All systems in place, functional, and displayed to the OWNER or its representatives; 3. Construction Complete; 4. Materials and equipment installed; 01010-4 5. Punch List items have been identified, itemized, and scheduled for completion; 6. Draft O&M Manuals and record documents reviewed and accepted by the OWNER; 7. HVAC test and balance completed (provide minimum 30 days prior to projected substantial completion); 8. Landscaping and site work completed; and 9. Final cleaning. 1.10 FINAL ACCEPTANCE A. Final Acceptance means the project work is complete; the ENGINEER and the OWNER has approved and accepted the project work as complete. This shall include, but is not limited to: 1. All punch list items have been completed; 2. All systems reviewed and accepted by the OWNER; 3. Final O&M Manuals and record documents reviewed and accepted by the OWNER; 4. OWNER’s operation and maintenance training complete 1.11 LIQUIDATED DAMAGES A. Liquidated damages shall be One Thousand Dollars ($1,000) per day that substantial completion extends beyond the date determined by the contract time as adjusted. PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. END OF SECTON 01029-1 SECTION 01029 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 CONTRACT PAY ITEMS This section includes the items of work and the basis of payment for City of Bozeman Story Mill Road Landfill Gas Extraction System Expansion and Soil Vapor Extraction/Air Injection System Installation. The CONTRACTOR shall bid Items 1 through 51 below separately and provide unit prices and a total sum for all work items. The CONTRACTOR is responsible for supplying all materials, equipment and labor necessary for the complete construction and installation of all work as described in these specifications and as shown on the Construction Drawings. Payment for each work item will be made on either a unit price, lineal foot or lump sum basis, and only after that portion of the project has been completed. 1. Drill Rig Mobilization/Demobilization: This task includes any and all temporary facilities and utilities, safety plans, and construction equipment required for this project. Payment for this work will be made on a lump sum basis. Fifty (50) percent of the lump sum price bid will be paid with the first payment request following satisfactory evidence of mobilization of sufficient labor, equipment and material to adequately progress the work of this contract. Fifty (50) percent of the lump sum price bid will be paid with the Final Payment request once drilling has been completed. The price bid in the proposal for this item shall not exceed five (5) percent of the original drilling total amount. 2. SVE Well Vertical Drilling and Completion: Supply all material, equipment and labor necessary for the drilling of approximately 298 vertical feet of SVE well as shown on the Construction Drawings (Detail 2 on Sheet 8). This item shall include all resources necessary to prepare access roads and drill rig pads, drilling the SVE well borings, and returning the drill location to its original condition. This item includes the installation of the well casing, backfill material, and finishing. This item does not include well vaults. Payment for this item shall be per vertical foot installed. 3. Air Injection Well Vertical Drilling and Completion: Supply all material, equipment and labor necessary for the drilling of approximately 298 vertical feet of air injection well as shown on the Construction Drawings (Detail 3 on Sheet 8). This item shall include all resources necessary to prepare access roads and drill rig pads, drilling the air injection well borings, and returning the drill location to its original condition. This item includes the installation of the well casing, backfill material, and finishing. This item does not include well vaults. Payment for this item shall be per vertical foot installed. 4. Piping Crew Mobilization and Demobilization: This task includes any and all temporary facilities and utilities, safety plans, and construction equipment required for this project. Payment for this work will be made on a lump sum basis. Fifty (50) percent of the lump sum price bid will be paid with the first payment request following satisfactory evidence of mobilization of sufficient labor, equipment and material to adequately progress the work of this contract. Fifty (50) percent of the lump sum price bid will be paid with the Final Payment request once all field construction has been completed. The price bid in 01029-2 the proposal for this item shall not exceed five (5) percent of the original bid amount subtotal for field construction. 5. SVE Well Vault, Top of Well Transition & Assembly: Supply all materials, equipment and labor for the construction and installation of nine (9) SVE well vaults including sampling ports, sample valve, and all associated fittings, backfilling, backfill material, dust control, gravel, finishing, and returning the site to it’s original condition. This item includes all materials as shown on the Construction Drawings (Detail 4 on Sheet 9). This item also includes the HDPE to Stainless Steel transition fitting. Payment for this item shall be per unit installed. 6. SVE Remote Wellhead & Assembly: Supply all materials, equipment and labor for the construction and installation of nine (9) SVE remote wellhead assemblies, sampling ports, sample valve, and all associated fittings, backfilling, backfill material, dust control, gravel, finishing, and returning the site to its original condition. This item includes all materials as shown on the Construction Drawings (Detail 2 on Sheet 9). Payment for this item shall be per unit installed. 7. Pneumatic Submersible Pump and fittings: Supply all materials, equipment and labor for the construction of twelve (12) pneumatic submersible pumps for the dual extraction wellhead assemblies per Details 1 & 2 on Sheet 11 of the Construction Drawings. Include all labor and materials, bundled tubing, level probe/indicator, fittings, clamps, valves, and mounting to well. Payment for this item shall be per unit installed. 8. Dual Extraction Well head Assembly and fittings: Supply all materials, equipment and labor for the construction of six (6) dual extraction wellhead assemblies per Details 1 & 2 on Sheet 11 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, valves, and necessary trenching, backfill material, backfilling, compaction, removal and disposal of refuse and returning the site to its original condition. Payment for this item shall be per unit installed. 9. Air Injection Well Vault/Assembly and Top of Well Transition: Supply all materials, equipment and labor for the construction and installation of six (6) air injection well vaults including sampling ports, sample valve, and all associated fittings, backfilling, backfill material, dust control, gravel, finishing, and returning the site to it’s original condition. This item includes all materials as shown on the Construction Drawings (Detail 5 on Sheet 9). This item also includes the HDPE to Stainless Steel transition fitting. Payment for this item shall be per unit installed. 10. Air Injection Remote Wellhead & Assembly: Supply all materials, equipment and labor for the construction and installation of six (6) air injection remote wellhead assemblies, sampling ports, sample valve, and all associated fittings, backfilling, backfill material, dust control, gravel, finishing, and returning the site to its original condition. This item includes all materials as shown on the Construction Drawings (Detail 3 on Sheet 9). Payment for this item shall be per unit installed. 11. Manifold Vault/Assembly: Supply and install six (6) manifold vaults, 30” x 60” concrete vault with spring assisted covers. This item includes all materials, equipment and labor 01029-3 for the construction and installation of the manifold vaults including backfilling, backfill material, gravel, finishing, and returning the site to its original condition. This item includes just the vaults as shown on the Construction Drawings (Details 2 and 3 on Sheet 9). Payment for this item shall be per unit installed. 12. 8” SDR 17 HDPE pipe and fittings: Supply all materials, equipment and labor for the construction and installation of approximately 1,420 lineal feet of below grade 8" diameter HDPE SDR 17 piping as shown on Detail 7, Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 13. 6” SDR 17 HDPE pipe and fittings: Supply all materials, equipment and labor for the construction and installation of approximately 1,050 lineal feet of below grade 6" diameter HDPE SDR 17 piping as shown on Detail 7, Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 14. 4” SDR 17 HDPE pipe and fittings, in individual trench: Supply all materials, equipment and labor for the construction and installation of approximately 2,160 lineal feet of below grade 4" diameter HDPE SDR 17 piping as shown on Detail 7, Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 15. 4” SDR 17 HDPE pipe and fittings, in common trench: Supply all materials, equipment and labor for the construction and installation of approximately 860 lineal feet of below grade 4" diameter HDPE SDR 17 piping as shown on Detail 7, Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 16. 4” SDR 9 HDPE Compressed Air pipe and fittings, in common trench: Supply all materials, equipment and labor for the construction and installation of approximately 2,450 lineal feet of below grade 4" diameter HDPE SDR 9 piping as shown on Detail 7, Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 17. 2” SDR 11 HDPE Condensate pipe and fittings, in individual trench: Supply all materials, equipment and labor for the construction and installation of approximately 4,270 lineal feet of below grade 2" diameter HDPE SDR 11 piping as shown on Detail 7, 01029-4 Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 18. 2” SDR 11 HDPE Condensate pipe and fittings, in common trench: Supply all materials, equipment and labor for the construction and installation of approximately 2,410 lineal feet of below grade 2" diameter HDPE SDR 11 piping as shown on Detail 7, Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 19. 2” SDR 9 HDPE Compressed Air pipe and fittings, in individual trench: Supply all materials, equipment and labor for the construction and installation of approximately 470 lineal feet of below grade 2" diameter HDPE SDR 9 piping as shown on Detail 7, Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 01029-5 20. 2” SDR 9 HDPE Compressed Air pipe and fittings, in common trench: Supply all materials, equipment and labor for the construction and installation of approximately 5,360 lineal feet of below grade 2" diameter HDPE SDR 9 piping as shown on Detail 7, Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of any refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 21. Condensate Sump #2 Assembly, below grade: Supply all materials, equipment and labor for the construction and installation of one condensate sump assembly as shown in Detail 2 on Sheet 12 of the Construction Drawings. Include all labor and materials for the HDPE pipe, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of refuse encountered and returning the site to its original condition. Payment for this item shall be per unit installed. 22. Condensate line connection to existing tank: Supply all materials, equipment and labor for the connection of the condensate line to the existing condensate holding tank as shown in Detail 1 on Sheet 10 of the Construction Drawings. Include all labor and materials for the HDPE pipe, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of refuse encountered and returning the site to its original condition. Payment for this item shall be per unit installed. 23. Corrugated 12” HDPE Sleeve: Supply all materials, equipment and labor to install sixty (60) lineal feet of 12” HDPE N-12 pipe sleeve as shown in Detail 1 on Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 24. Corrugated 18” HDPE Sleeve: Supply all materials, equipment and labor to install seventy (70) lineal feet of 18” HDPE N-12 pipe sleeve as shown in Details 8 or 9 on Sheet 9 of the Construction Drawings. Include all labor and materials for the HDPE pipe, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, removal and disposal of refuse encountered and returning the site to its original condition. Payment for this item shall be per lineal foot installed. 25. Remove and Install Fencing: Remove and re-install 240 lineal feet of fencing to provide access to well drilling/trenching locations. Payment for this item shall be per lineal foot installed. 26. New 3-phase Electrical Service to the Flare Skid: Per electrical drawings Sheets 20, 21, 22, and 23 of the Construction Drawings. This item includes all on-site electrical conduit and wiring not provided by the flare manufacturer. Payment for this item shall be on a lump sum basis. 01029-6 27. Treatment Facility Mobilization/Demobilization: This task includes any and all temporary facilities and utilities, safety plans, and construction equipment required for this project. Payment for this work will be made on a lump sum basis. Fifty (50) percent of the lump sum price bid will be paid with the first payment request following satisfactory evidence of mobilization of sufficient labor, equipment and material to adequately progress the work of this contract. Fifty (50) percent of the lump sum price bid will be paid with the Final Payment request once construction has been completed. The price bid in the proposal for this item shall not exceed five (5) percent of the original subtotal bid amount for the treatment facility. 28. Flare Station: Supply all materials and labor for the installation of the owner-supplied Landfill’s gas handling skid and flare. Payment for this work will be made as a Lump Sum following final installation of the flare and gas handling skid. 29. Supply all materials and labor for the construction and installation of the process equipment concrete pad, including 15 cy of Class A concrete, preparation of the flare station area; removal and disposal of refuse and rocks; excavating and backfilling; compaction; forming, reinforcing and placing concrete as shown on the Construction Drawings. Payment for this work will be made based on the cubic yards (cy) installed. 30. Supply all materials and labor for the construction and installation of the flare concrete foundation, including 4 cy of Class A concrete, preparation of the flare station area; removal and disposal of refuse and rocks; excavating and backfilling; compaction; forming, reinforcing and placing concrete as shown on the Construction Drawings. Payment for this work will be on a lump sum basis. 31. Supply all materials and labor for the construction and installation of the light pole foundation, including approximately 0.5 cy of Class A concrete, preparation of the light pole area; removal and disposal of refuse and rocks; excavating and backfilling; compaction; forming, reinforcing and placing concrete as shown on the Construction Drawings. Payment for this work will be on a lump sum basis. 32. The Contractor shall supply all materials, equipment and labor to perform excavation, pavement cutting, filling, compaction, and grading to install the process skid and flare. Payment for this work will be on a lump sum basis. 33. The Contractor shall supply and install one (1) Ingersoll Rand Sierra Oil-free Rotary Screw Air Compressor, Model H50a, or approved equal. This bid item includes factory Start-Up Service. Payment for this work will be on a lump sum basis. 34. Supply all equipment, materials and labor for the construction and installation of one 1,150 gallon condensate holding tank, seismic restraint, associated piping, fittings, GAC canister, and appurtenances. The Contractor shall provide all piping and connections to the flare skid. Payment for this work will be made on a lump sum basis. 01029-7 35. Complete Electrical Installation: Supply and install all materials, equipment and labor to construct a complete electrical installation as shown on the Construction Drawings. This work will include, but not be limited to, the service entrance section, distribution panels, transformer, area lighting, telephone service, grounding, level element/transmitter, buried and above ground conduits, wiring, seal-offs and trenching ground grid system per sheets 21 & 22 of the Construction Drawings. Wiring that is internal to the flare/gas handling skid will be performed by the flare manufacturer. Payment for this item shall be on a lump sum basis. 36. Supply Condensate Sump #1 Assembly per Detail 1 on Sheet 12. Payment for this work will be made on a lump sum basis. 37. Supply pipe insulation and heat trace for all above grade pipe and the condensate tank. Payment for this work will be made on a lump sum basis. 38. Install site fencing and gates per Montana Department of Transportation specifications (Appendix A of the Specifications). Payment for this item shall be per lineal foot installed. 39. Install ½” black iron propane pipe and fittings (wrapped below grade). Payment for this item shall be per lineal foot installed. 40. Install ½” CS compressed air pipe and fittings (below and above grade). Payment for this item shall be per lineal foot installed. 41. Install 1” SDR 9 HDPE compressed air pipe and fittings (below grade). Payment for this item shall be per lineal foot installed. 42. Install 2” SDR 9 HDPE compressed air pipe and fittings (below grade). Payment for this item shall be per lineal foot installed. 43. Install 2” SDR 11 HDPE condensate conveyance pipe and fittings (above and below grade). Payment for this item shall be per lineal foot installed. 44. Install 4” SDR 17 HDPE pipe and fittings (connection to KO vessel). Payment for this item shall be per lineal foot installed. 45. Install 8” SDR 17 HDPE pipe and fittings (above and below grade). Payment for this item shall be per lineal foot installed. 46. Install pipe supports per Detail 6 on Sheet 19. Payment for this item shall be per each pipe support installed. 47. Install pipe supports per Detail 1 on Sheet 19. Payment for this item shall be per each pipe support installed. 48. Install pipe supports per Detail 3 on Sheet 19. Payment for this item shall be per each pipe support installed. 01029-8 49. Install pipe supports per Detail 5 on Sheet 19. Payment for this item shall be per each pipe support installed. 50. Install pipe supports per Detail 7 on Sheet 19. Payment for this item shall be per each pipe support installed. 51. Contractor shall remove and dispose of the existing blower and flare equipment. The Contractor shall coordinate with the Engineer to salvage any portions of the existing equipment. Payment for this item shall be on a lump sum basis. 1.02 Non Pay Items A. No separate payment will be made for items not specifically set forth in the bid proposal. Include costs for such items in prices named in the bid proposal for identified items of work. Items of work described in Contract Documents, but not listed in the Schedule of Work items of the bid form are, in general, applicable to more than one listed work item. Therefore, no separate work item is provided. Include costs of work not listed but necessary to complete the project per the Contract Document in listed Work items of the bid form. 1.03 Total Cost A. Bids for Work are intended to establish a total cost for the work in its entirety. Should the CONTRACTOR feel that the cost for the Work has not been completely established by specific items in the bid form, he shall include the cost for that work in some related bid item so that his bid proposal reflects the total cost for completing the Work in its entirety. 1.04 Quantity Overruns A. No payment will be made for quantity overruns unless work is expressly required by the Contract Documents or authorized in writing by the OWNER or OWNER’S Representative in advance of the work. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION 1.3 STANDARD DRAWINGS A. Standard Drawings applicable to this section are as follows: 1. Standard Drawing No. 02221-1 - Typical Utility Trench Detail 1.4 TESTING A. Field Density Testing 1. Meet the quality control and quality assurance testing requirements in Section 01410, Contractor Quality Control and Owner Quality Assurance. 2. In-place field density tests for quality assurance are at Owner expense meeting AASHTO T191 (ASTM D1556), Sand Cone Method; or by AASHTO T310 (ASTM D6938) Nuclear Densometer Methods. Quality assurance field density testing frequency is at the Engineer's discretion. 3. Re-testing failing areas is at the expense of the Contractor. 4. At the direction of the Engineer, provide necessary equipment and labor to excavate and replace materials for test holes up to 5 feet deep into the compacted backfill to allow testing below the surface of any layers covered without inspection and approval by the Engineer. B. Laboratory Maximum Density and Optimum Moisture 1. Quality assurance tests will be made by the Engineer for each on-site natural soil or each source of off-site material, including borrow material, to determine the laboratory maximum density values and optimum compaction moisture content according to AASHTO T-99 or ASTM D698. C. Material Submittals 1. Submit to the Engineer material quality test results including Type 1 Bedding gradation and plasticity index; and Type 2 Bedding gradation. 2. Submit to the Engineer samples of on-site and off-site borrow soils for laboratory moisture-density relationship testing by the Engineer. 3. If applicable, submit a blasting plan to the Engineer. Section 02221 — 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 2 of 17 15900-1 SECTION 15900 PRESSURE TESTING OF PIPE PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Leak testing shall be conducted by the Contractor on the following lines: a. All LFG extraction piping installed by the Contractor. b. All propane gas piping. c. All condensate discharge piping. d. All compressed air supply lines. B. The procedure and equipment to be used shall be approved by the Engineer prior to testing any line. Leakage tests shall be performed on all piping after installation and before backfilling where pipe is buried or encased. PART 2 - TESTING EQUIPMENT 2.01 GENERAL The Contractor shall provide necessary piping connections between the section of line being tested and the nearest available source of air, or test fluid, together with test pumping equipment, pressure gauge and other equipment, materials and facilities necessary to make the specified tests. The Contractor shall provide temporary sectionalizing devices and vents as required for testing. Vents are to be left plugged if not required for the permanent installation. PART 3 - EXECUTION 3.01 TESTING PROCEDURE A. The specified test pressures shall be as measured at the horizontal centerline of the lowest point of the piping under test. B. Each pipeline shall be adequately braced and supported before tests are made. Partial backfilling between joints of pipelines in trenches is permissible to prevent movement under test pressure, subject to approval by the Engineer. C. Pipelines that have no valves may be closed with blind flanges or caps on the ends of the section to be tested. Discrete sections of the system can be pressure tested separately in order to isolate leaks, however the final pressure test may be performed on large sections of the system. 15900-2 D. Tests shall be made before the piping has been enclosed in any manner that will prevent inspection during the test. E. Leakage testing for the LFG extraction system piping shall be performed by pressurizing piping to 2 psig and holding for one hour with no more than 0.5 psig pressure drop within that time frame. Allowable pressure drop may be increased for pipe sections longer than 600’. A soap and water solution (leak detection fluid) must be applied to all joints and the joints inspected for leakage by the formation of bubbles at the point of leakage. Any leaks detected must be repaired even if the test meets the set requirements. All of these lines, either individually or in common, are to be pressurized to 2 psig. All joints and connections shall be visually inspected for leaks after applying the leakage detecting fluid. Because PVC is shock sensitive and brittle at low temperatures, the Contractor shall regulate the test pressure or vacuum such that when pressurizing or evacuating any PVC or PE line with air, the test pressure shall never exceed 2 psig. The Contractor is cautioned that high test pressures, when using air or gas to pressurize, can shatter a considerable length of PVC pipe and pieces of the pipe can be propelled for long distances. F. Leakage testing for the propane, compressed air, and condensate system piping shall be performed by pressurizing piping to 135 psig and holding for one hour with no drop in pressure. A soap and water solution (leak detection fluid) must be applied to all joints and the joints inspected for leakage by the formation of bubbles at the point of leakage. Any leaks detected must be repaired even if the test meets the set requirements. All of these lines, either individually or in common, are to be pressurized to 135 psig. All joints and connections shall be visually inspected for leaks after applying the leakage detecting fluid. G. The Contractor, at his own expense, shall make necessary repairs or replacements in accordance with the Specifications. Repairing and testing shall be repeated until the pipeline installation conforms to the specified requirements and is acceptable to the Engineer. H. After the test has been concluded, the pipeline shall be restored to a condition satisfactory to the Engineer. I. It is intended that piping, whether tested after installation or not, shall be air-tight and free from visible leaks. Each leak which is discovered within one year after final acceptance of the work by the COP shall be repaired by and at the expense of the Contractor. J. Pumps, air compressors, instrumentation and similar equipment shall not be subjected to the pressure tests. 15900-3 K. All pressure testing performed shall be witnessed by the Engineer. The Contractor shall maintain a record of all pressure tested components. Each line item of the record shall be accepted by the Engineer. Acceptance of the pressure test by the Engineer shall not release the Contractor from its warranties. END OF SECTION