Document Belgrade_doc_84d8450db7

EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page1 of 1 section 00 21 13 - INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page Article 1— Defined Terms 1 Article 2— Bidding Documents 1 Article 3— Qualifications of Bidders 3 Article 4— Pre-Bid Conference 3 Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site 4 Article 6— Bidder’s Representations and 7 Article 7— Interpretations and Addenda 7 Article 8— Bid Security 8 Article 9— Contract Times 8 Article 10— Substitute and “Or Equal” Items 8 Article 11— Subcontractors, Suppliers, and Others 9 Article 12— Preparation of Bid 10 Article 13— Basis of Bid 11 Article 14— Submittal of Bid 12 Article 15— Modification and Withdrawal of Bid 14 Article 16— Opening of Bids 14 Article 17— Bids to Remain Subject to Acceptance 14 Article 18— Evaluation of Bids and Award of Contract 14 Article 19— Bonds and Insurance 15 Article 20— Signing of Agreement 16 Article 21— Montana State Laws and Regulations 16 Article 22— Montana public works standard specifications 17 Article 23— FEDERAL REQUIREMENTS 17 Article 24— City of Belgrade Design Standards and Specifications 17 Article 25— Compliance with labor standards and wage rate requirements 17 Article 26— Retainage 18 Article 27— Payments and bidder breakdown of bids 18 Article 28— Belgrade Montana business license 19 Article 29— Funding Agency Special Provisions (SEction 00 90 00): 19 ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 20 ARTICLE 1—DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders. 1. For the purposes of this document, the Issuing Office shall be as follows: Advanced Engineering and Environmental Solutions 1288 N 14th Ave, #103 Bozeman, MT 59715 B. Bidder – An individual or entity who submits a Bid directly to the Owner. C. Successful Bidder – The lowest responsible Bidder submitting a responsive Bid to Whom Owner (on the basis of Owner’s evaluation is hereinafter provided) makes an award. ARTICLE 2—BIDDING DOCUMENTS 2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers. 2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances. 2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner. 2.04 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office. Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner. 2.05 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination. Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 20 Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room. 2.06 Electronic Documents A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified. 1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version [insert version number] or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies. B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information. C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats. 1. Electronic Documents that are available in native file format include: a. Project Forms as published in the Project Manual Appendix A: Project Forms. 2. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document. 3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes. 4. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format. ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 20 ARTICLE 3—QUALIFICATIONS OF BIDDERS 3.01 DELETED To demonstrate Bidder’s qualifications to perform the Work, Bidder must submit the following information: A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. Bidder’s state or other contractor license number, if applicable. D. Subcontractor and Supplier qualification information. E. Other required information regarding qualifications. 3.02 DELETED Prospective Bidders must submit required information regarding their qualifications by [insert deadline for prequalification submittals]. Owner will review the submitted information to determine which contractors are qualified to bid on the Work. Owner will issue an Addendum listing those contractors that Owner has determined to be qualified to construct the project. Bids will only be accepted from listed contractors. The information that each prospective Bidder must submit to seek prequalification includes the following: A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. Prospective Bidder’s state or other contractor license number, if applicable. D. Subcontractor and Supplier qualification information. E. Other required information regarding qualifications. 3.03 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work: A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. Bidder’s state or other contractor license number, if applicable. D. Subcontractor and Supplier qualification information. E. Other required information stated in Article 2 of Section 00 41 13 – Bid Form. 3.04 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.05 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. ARTICLE 4—PRE-BID CONFERENCE 4.01 Deleted A pre-bid conference will not be conducted for this Project. 4.02 A non-mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 20 discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid. 4.03 Deleted A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be issued in an Addendum. 4.04 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum. ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 5.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 5.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site: a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data. b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data. c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in 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. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 20 4. Deleted Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR) and Geotechnical Data Report (GDR). a. As set forth in the Supplementary Conditions, the GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Document. b. The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined. c. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto. d. As set forth in the Supplementary Conditions, the GDR is a Contract Document containing data prepared by or for the Owner in support of the GBR. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 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 5.06 of the General Conditions. 5.03 Other Site-related Documents A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference: 1. See the compilation of reports found in Belgrade WRF Lagoon Rehabilitation Phase 1.0: Lagoon Solids Sampling Reports. Owner will make copies of these other Site-related documents available to any Bidder on request. B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents. C. The other Site-related documents are not part of the Contract Documents. D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 20 and take responsibility for documentary Site information is limited to information in the Contract Documents and the Technical Data. E. No other Site-related documents are available. 5.04 Site Visit and Testing by Bidders A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site. B. A Site visit is scheduled following the pre-bid conference. Maps to the Site will be available at the pre-Bid conference. C. A Site visit is scheduled for March 26 at 2:00 PM at Belgrade Water Reclamation Facility: 523 Lagoon Rd, Belgrade, MT 59714. Maps to the Site will be made available upon request. D. Bidders visiting the Site are required to arrange their own transportation to the Site. E. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Brian Viall, PE – Project Manager Phone: [PHONE REDACTED] E-mail: [EMAIL REDACTED] 1. Bidder must conduct the required Site visit during normal working hours. F. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. Where estimated volumes of total dry solids are presented on the Bid Form and elsewhere in the Project Manual, Appendices, Report Compendiums, or Construction Drawings, these quantities relied on estimated values for in-situ solids concentrations of surveyed and sampled volumes. No guarantee is expressed or implied that Bidder’s can rely on these estimated solids concentrations for in-situ solids concentrations. Though basis of bid volumes have been standardized for the purposes of the comparison of Bids, Contractor’s unit costs reflect the cost of dewatering and disposing the solids regardless of the actual in-situ solids concentrations and Contractor will not be entitled to any adjustments in unit costs if Contractor attempts to demonstrate, by certified laboratory results or otherwise, that actual in-situ solids concentrations deviate from these assumed values. Therefore, the Bid Period is intentionally prolonged to allow Bidders to visit the project site, collect their own solids sampling, and perform their own laboratory and polymer testing to assess dewatering performance with Bidder’s specific equipment and additives. Bidder’s unit pricing is based on Bidder’s own estimates of dewatering performance with Bidder’s actual equipment. G. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites. ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 20 H. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. I. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 5.05 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions. 5.06 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS 6.01 Express Representations and Certifications in Bid Form, Agreement A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid. B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement. ARTICLE 7—INTERPRETATIONS AND ADDENDA 7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. 7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows: [EMAIL REDACTED] 7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered. 7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 20 Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents. ARTICLE 8—BID SECURITY 8.01 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 (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. Bid security must be at least 10% of the Bidder’s maximum Bid price. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening. ARTICLE 9—CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment, and Milestones (if any) are to be achieved, are set forth in the Agreement. 9.02 DELETED Bidder must set forth in the Bid the time by which Bidder must achieve Substantial Completion, subject to the restrictions established in Paragraph 13.07 of these Instructions. The Owner will take Bidder’s time commitment regarding Substantial Completion into consideration during the evaluation of Bids, and it will be necessary for the apparent Successful Bidder to satisfy Owner that it will be able to achieve Substantial Completion within the time such Bidder has designated in the Bid. [If applicable include the following: Bidder must also set forth in the Bid its commitments regarding the achievement of Milestones and readiness for final payment.] The Successful Bidder’s time commitments will be entered into the Agreement or incorporated in the Agreement by reference to the specific terms of the Bid. 9.03 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS 10.01 DELETED The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 20 material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 10.02 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. Each such request shall include the Manufacturer’s Certification for compliance with AIS Domestic Preference requirements. Refer to the suggested Manufacturer’s Certification form provided in these construction Contract Documents. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner. Substitutes and “or-equal” materials and equipment may be proposed by Contractor in accordance with Paragraphs 7.05 and 7.06 of the General Conditions after the Effective Date of the Contract. Each such request shall include Manufacturer’s Certification letter to document compliance with AIS Domestic Preference requirements. Refer to Manufacturer’s Certification Letter Provided in these Contract Documents. 10.03 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 DELETED A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening: A. Sludge dewatering Sub-Contractor B. Electrical Sub-Contractor C. Site/Civil D. Other Major Sub-Contractor(s) requested after the opening of Bids but before Award. 11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 20 the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions. 11.05 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.07A. ARTICLE 12—PREPARATION OF BID 12.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid. 12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. 12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown. 12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person 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. 12.06 A Bid by an individual must show the Bidder’s name and official address. 12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown. 12.08 All names must be printed in ink below the signatures. ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 20 12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. 12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown. 12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid. A. 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- 201 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. B. No bid shall be considered that does not carry the Bidder’s Montana Contractors Registration Number on the bid form or written covenant to obtain a valid Montana Contractor’s License prior to commencement of construction. C. 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 [PHONE REDACTED]. D. The successful Bidder will be required to obtain a City of Belgrade Business License before final execution of the Agreement. All Contractors conducting work within the City of Belgrade are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 91 East Central Avenue, Belgrade, Montana 59714. 12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form. ARTICLE 13—BASIS OF BID 13.01 DELETED A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form. 13.02 DELETED Base Bid with Alternates A. Bidders must submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. 13.03 DELETED Sectional Bids A. Bidders may submit a Bid on any individual section or any combination of sections, as set forth in the Bid Form. B. Submission of a Bid on any section signifies Bidder’s willingness to enter into a Contract for that section alone at the price offered. C. If Bidder submits Bids on individual sections and a Bid based on a combination of those sections, such combined Bid need not be the sum of the Bids on the individual sections. ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 20 D. Bidders offering a Bid on one or more sections must be capable of completing the Work covered by those sections within the time period stated in the Agreement. 13.04 DELETED Cost-Plus-Fee Bids A. Bidders must submit a Bid on the Contractor’s fee, which must be in addition to compensation for Cost of the Work. Such fee must be either a fixed fee, percentages of specified categories of costs, or a percentage applicable to the Cost of the Work as a whole, as set forth in the Bid Form. B. If the Contractor’s fee, as set forth in the Bid Form, is to be based on percentages of categories of cost, or on a percentage applicable to the Cost of the Work as a whole, then Bidders must enter a maximum amount limiting the total fee if required by the Bid Form to do so. C. Bidders must submit a Bid on the Guaranteed Maximum Price, setting a maximum amount on the compensable Cost of the Work plus Contractor’s fee, if required by the Bid Form to do so. 13.05 Unit Price A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices 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. 13.06 DELTED Allowances A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions. 13.07 DELETED Price-Plus-Time Bids A. The Owner will consider the time of Substantial Completion commitment made by the Bidder in the comparison of Bids. B. Bidder must designate the number of days required to achieve Substantial Completion of the Work and enter that number in the Bid Form as the total number of calendar days to substantially complete the Work. C. The total number of calendar days for Substantial Completion designated by Bidder must be less than or equal to a maximum of [number], but not less than the minimum of [number]. If Bidder purports to designate a time for Substantial Completion that is less than the allowed minimum, or greater than the allowed maximum, Owner will reject the Bid as nonresponsive. D. The Agreement as executed will contain the Substantial Completion time designated in Successful Bidder’s Bid, and the Contractor will be assessed liquidated damages at the rate stated in the Agreement for failure to attain Substantial Completion within that time. E. Bidder must also designate the time in which it will achieve Milestones, and achieve readiness for final payment. Such time commitments must be consistent with the “Time of Substantial Completion” to which Bidder commits. The Agreement as executed will contain, as binding Contract Times, Successful Bidder’s time commitments regarding Milestones, as applicable, and readiness for final payment. ARTICLE 14—SUBMITTAL OF BID 14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 20 security and the other documents required to be submitted under the terms of Article 2 of the Bid Form. 14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package 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 must 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 must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement. 14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. 14.04 Proposals shall be in a sealed envelope and addressed to: Belgrade City Hall ATTN: City Clerk – BID ENCLOSED Camille Gregory 91 East Central Avenue Belgrade, MT 59714 A. The Envelope shall also be labeled with the following information: 1. Name of Project 2. Name of Contractor 3. Acknowledged Receipt of Addendum No.: through 4. In the lower left-hand corner of the envelope, print or type: a. BID DOCUMENTS – DO NOT OPEN BEFORE [TIME OF BID OPENING] ON [DATE OF BID OPENING]. B. Proposals shall be made in accordance with the following instructions: 1. Bids should be submitted in an opaque sealed envelope and contain (at a minimum) the following: a. Section 00 41 13 – Bid Form; and b. All attachments listed in Article 2 of 00 41 13 – Bid Form 2. Bids shall be made in ink upon the unaltered Bid Form supplied with these documents. 3. All blanks and spaces must be properly filled. 4. The Total Bid Price must be stated in both written words and figures. In case of a discrepancy between written price and figures printed, the written price will be used in identifying the Total Bid Price. 5. The proposal form shall contain no addition, conditions, stipulations, erasures, or other irregularities. 6. The proposal must acknowledge receipt of all addenda issued. ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 20 7. The proposed must be signed in ink and display the Bidder’s name, and address. 14.05 The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instruction to Bidders (ITB). 14.06 Alternative Bids will not be considered unless called for. 14.07 Bids by telephone, telegraph, fax, or other telecommunication system will not be considered except for purposes of modifications permitted by Article 16 of these Instructions to Bidders. ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID 15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same 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. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids. Guidance for the modification of bids may be found in City of Belgrade Modifications to the Montana Public Works Standard Specifications detailed in Article 23. 15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work. ARTICLE 16—OPENING OF BIDS 16.01 Bids will be opened at the time and place indicated in the advertisement or 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. 16.02 Deleted Bids will be opened privately. ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT 18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work. 18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. 18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 20 the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive. 18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. 18.05 Evaluation of Bids A. In evaluating Bids, Owner will consider whether 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. B. DELETED In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. C. DELETED For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for all of the Work. D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. E. DELTED For the determination of the apparent low Bidder when cost-plus-fee bids are submitted, Bids will be compared on the basis of the Guaranteed Maximum Price set forth by Bidder on the Bid Form. F. DELETED Bid prices will be compared after adjusting for differences in time of Substantial Completion (total number of calendar days to substantially complete the Work) designated by Bidders. The adjusting amount will be determined at the rate set forth in the Agreement for liquidated damages for failing to achieve Substantial Completion, or such other amount that Owner has designated in the Bid Form. 1. The method for calculating the lowest bid for comparison will be the summation of the Bid price shown in the Bid Form plus the product of the Bidder-specified time of Substantial Completion in calendar days times the rate for liquidated damages [or other Owner-designated daily rate] in dollars per day. 2. This procedure is only used to determine the lowest bid for comparison and contractor selection purposes. The Contract Price for compensation and payment purposes remains the Bid price shown in the Bid Form. 18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 19—BONDS AND INSURANCE 19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 20 and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation. 19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process. ARTICLE 20—SIGNING OF AGREEMENT 20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. 20.02 The Effective Date of the Agreement will be dictated by USDA – Rural Development upon issuing its Agency Concurrence to the Contract Documents. 20.03 Liquidated Damages for Failure to Enter Into Contract: A. The successful bidder, upon their failure or refusal to execute and deliver the contract and bonds required within twenty (20) days after receipt of the Notice of Award of their Bid, shall forfeit to the Owner as liquidated damages for such failure or refusal, the Bid Security deposited with their Bid, as provided in 18-1-204 Montana Code Annotated. ARTICLE 21—MONTANA STATE LAWS AND REGULATIONS 21.01 Owner is exempt from taxation as legislated by Title 15 of Montana Code Annotated (15-6-201, MCA) & (15-31-102, MCA). Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information. 21.02 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 with which the Contractor must comply include but are not limited to, those involving workmen’s compensation insurance, contractor registration, and gross receipts tax. 21.03 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS. Title 39, Chapter 9, Part 2, MCA Stipulates the requirements for registration of Contractors with the Montana Department of Labor and Industry. Bidders are not required to be registered in Montana prior to bidding on this project but must have registered prior to execution of the Agreement. A. Information pertaining to this requirement and registration forms may be obtained from the Montana Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624, or by calling (406) 444-2840 or at their website http://erd.dli.mt.gov/mtcontractor/index.html. 21.04 BIDDER PREFERENCE. In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to the Montana resident ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 20 Bidders will be equal to the preference given in the other state or country. This Bidder preference applies unless specifically prohibited by Federal laws or regulations. A. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State, which are suitable substitutes for products manufactured or produced outside the State, and comparable in price, quality and performance, shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 21.05 LOCAL LABOR. Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. 21.06 GROSS RECEIPTS WITHHOLDINGS: A. Pursuant to Section 15-50-206(2)(3), MCA, the Owner is required to withhold one percent 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 on percent from payments to subcontractors. ARTICLE 22—MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 22.01 The Montana Public Works Standard Specifications are referred to elsewhere in this document as the MPW Standard Specifications or Copies of the and all addenda are available from: A. Montana Contractors Association, Inc., 1717 11th Avenue, Helena, MT 59601; Telephone: [PHONE REDACTED] ARTICLE 23— FEDERAL REQUIREMENTS 23.01 If the contract price is in excess of $100,000, provisions of the Contract Work Hours and Safety Standards Act at 29 CFR 5.5(b) apply. 23.02 Federal requirements at Article 19 of the Supplementary Conditions apply to this Contract. ARTICLE 24—CITY OF BELGRADE DESIGN STANDARDS AND SPECIFICATIONS 24.01 The City of Belgrade Design Standards and Specifications and City of Belgrade Standard Modifications to the Montana Public Works Standard Specifications apply to this project, where relevant. Copies of these materials can be found at: A. or, B. Belgrade City Hall, 91 East Central Avenue, Belgrade, MT 59714. ARTICLE 25—COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS 25.01 For public works projects, pursuant to MCA 18-2-422, all laborer and mechanics employed by the Contractor(s) or subcontractors in performance of construction projects with a total cost in excess of $25,000, shall be paid, minimum wages in conformance with the prevailing State Wage Rates published by the Montana Department of Labor and Industry. The prevailing wage ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 20 rate schedules are included herein. The Owner does not guarantee that labor can be procured for the minimum wages shown on the referenced schedules. The rates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. 25.02 The minimum wages included in the Project Manual are not controlled except as to the minimum for the purpose of Montana State Law or the Davis-Bacon Act: therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages including fringe benefits for health and welfare and pension contributions, and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. The Contractor and all subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this project area. 25.03 “Standard Prevailing Rate of Wages” is defined by Section 18-2-401 MCA, as including wages, fringe benefits for health and welfare and pension contributions and travel allowance which are paid in the county of locality by other contractors for work of a similar character performed in that county or locality by each craft, classification or type of worker needed to complete a contract. 25.04 Any infraction of the Laws of the State of Montana covering Labor, Title 39, Chapters 1 through 73, MCA will be forwarded to the State of Montana Department of Labor and Industry. 25.05 “Travel Allowance,” in effect at the time of contract award, and according to latest information received by the State of Montana Department of Labor and Industry, Labor Standards Division, shall be adhered to where applicable. 25.06 Travel allowance if applicable, may or may not be all inclusive of “travel” and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. 25.07 To comply with Montana Law Section 18-2-406 MCA, the Contractor shall post in a prominent and accessible site on the project work area, not later than the first day of work, a legible statement of all wages to be paid to the employees employed on the project. ARTICLE 26—RETAINAGE 26.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 27—PAYMENTS AND BIDDER BREAKDOWN OF BIDS 27.01 Payment for all work performed under the Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 20 made for any work accomplished during the preceding month, but subject to the retainage as specified elsewhere. ARTICLE 28—BELGRADE MONTANA BUSINESS LICENSE 28.01 Contractor and all subcontractors will be required to obtain a current City of Belgrade business license prior to award of the Contract. The City Business License is not required for Bidding purposes. The License(s) may be obtained from the City of Belgrade. Applications may be obtained at City Hall Belgrade City Hall 91 East Central Avenue Belgrade, MT 59714 ARTICLE 29—FUNDING AGENCY SPECIAL PROVISIONS (SECTION 00 90 00): 29.01 Bidder’s attention is directed to Section 00 90 00 – Funding Agency Special Provisions for Montana Public Facility Projects, incorporated into the Contract Documents by reference in Section 00 52 13 (Paragraph 7.01)(A)(11). The successful Bidder shall comply with all applicable articles therein. 29.02 EQUAL EMPLOYMENT OPPORTUNITY: Bidder’s attention is directed to Article 1.5.1 – Equal Employment Opportunity and Affirmative Actions Requirements of Section 00 90 00, the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, sexual orientation, 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. 29.03 Disadvantaged Business Enterprises: DBE solicitation requirements are located in ARTICLE 1.5.2 [Guidance for Participation By Disadvantaged Business (DBE) Enterprises In United States Environmental Protection Agency Programs of 40 CFR 33] of Section 00 90 00. An online DBE quote request form is available to BIDDERS at The BIDDER should fill out and submit the quote request form as early in the bidding period as possible to allow sufficient time for qualified DBE firms to respond. A DBE must be certified as such by a state or federal agency the Small Business Administration, the Department of Transportation, or EPA) or by a state, local, or independent private organization, provided their criteria match those under section 8(a) and of the Small Business Act and Small Business Administration’s 8(a) Business Development Program Regulations. Self-certification of DBEs is not allowed. Inadequate DBE solicitation efforts by the BIDDER may be grounds for the MDEQ State Revolving Fund program to withhold funds for the project and withhold authorization to award the construction contract. In accordance with Section 00 90 00 Article 1.5.2, failure to submit evidence showing a “good faith effort” may cause the bid to be rejected as non- responsive. 29.04 DEBARMENT CERTIFICATION: BIDDER’S attention is directed to ARTICLE 1.5.3 [Certification Regarding Debarment, Suspension and Other Responsibility Matters] of Section 00 90 00 with respect to Certification Regarding Debarment. Federal funding is being utilized on this project ---PAGE BREAK--- EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 20 and the successful bidder must provide the debarment certification statement at the time of bid opening with the bid and other forms required. 29.05 COMPLIANCE WITH WAGE RATE REQUIREMENTS: BIDDER’S attention is directed to ARTICLE 1.5.7 [Wage Determination] of Section 00 90 00 with respect to wage rates. 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. 29.06 DOMESTIC PREFERENCE I BUILD AMERICA, BUY AMERICA ACT (BABAA) A. Provisions of the Build America, Buy America Act (BABAA) apply to this project. All Iron and Steel Products, Manufactured Products, and Construction Materials used in this project must comply with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, 70901-70953. Aggregates such as stone, sand, and gravel do not apply to BABAA. B. The following waivers apply to this Contract: 1. BABAA De Minimis, Small Grants and Minor Components