Document Missoula_doc_54e4ab47b4

Silver Park Phase II - Parking Lot Missoula, Montana PROJECT MANUAL and CONTRACT DOCUMENTS Note: Bid Proposal form shall not be removed from this bound volume. CITY of MISSOULA Redevelopment Agency MISSOULA, MONTANA ---PAGE BREAK--- Prepared by: City of Missoula Redevelopment Agency For further information, visit us or call 140 West Pine Missoula, Montana 59802 Phone (406) 552-6160 Fax (406) 552-6162 ---PAGE BREAK--- Index I N D E X Silver Park Phase II - Parking Lot SUBJECT PAGES Index i Invitation to Bid 1 Instructions to Bidders IB-1 to IB-6 Project Special Conditions PSC-1 to PSC-2 Construction Specifications CS-1 to CS-22 Proposal for Construction P-1 to P-6 Bid Bond BB-1 to BB-2 Contract Agreement C-1 to C-6 Contract Bonds - Performance Bond CB-1 to CB-2 Contract Bonds - Payment Bond CB-3 to CB-6 General Conditions of the Contract GC-1 to GC-20 Notice of Award 1 Lien/Claim Waiver Form 1 Affidavit of Bills Paid for Release of Final Payment 1 State of Montana Prevailing Wage Rates (Highway Rate May 15, 2009) 1 to 18 DRAWINGS AND PLAN SHEETS SHEET LABELS Title Sheet T Site Plan C-2.1 Grading Plan C-2.2 Details C-2.3 & C-2.4 Methane Vent Design C-2.5 ---PAGE BREAK--- (THIS PAGE INTENTIONALLY LEFT BLANK) ---PAGE BREAK--- 1 Invitation to Bid INVITATION TO BID Notice is hereby given that sealed bids will be received at the office of the City Clerk, 435 Ryman Street, Missoula, Montana, until 3:00 p.m., on Monday, July 6, 2009, and will then be opened and publicly read in the Mayor's Conference Room for the furnishing of all labor, equipment and materials for construction of the following: Silver Park Phase II – Parking Lot West of Ogren Park/Allegiance Field City of Missoula This project consists of constructing an approximately 150 space parking lot (approximately 91,000 square feet) to service the proposed Silver Park and the existing Ogren Park/Allegiance Field. This work includes a methane abatement system and the associated clearing and grubbing, grading, erosion control and construction of the parking lot, curb and gutter, sidewalk, retaining walls, water meter, garbage enclosure, storm water treatment, and Alternate Bid for the Boat Ramp. Lighting, landscaping, and irrigation will not be a part of this phase. Bidders shall submit sealed bids as prescribed in the Project Manual addressed to the City Clerk, City of Missoula, enclosed in sealed envelopes plainly marked on the outside "Proposal for City of Missoula Redevelopment Agency Phase II- Silver Park Parking Lot”. The envelopes shall also be marked with the Bidder’s Name, Address and Montana Contractor's Registration Number. Proposals must be accompanied by cash, cashier's check, certified check, or bank money order drawn and issued by a national banking association located in the State of Montana, or by any banking corporation incorporated in the State of Montana, or by a bid bond or bonds executed by a surety corporation authorized to do business in the State of Montana in the amount of ten percent (10%) of the total bid as a guarantee that the successful bidder will enter into the required contract. The bid security shall identify the same firm as is noted on the bid proposal form. Performance and Payment Bonds will be required of the successful bidder in the amount of one hundred percent (100%) of the aggregate of the proposal for the faithful performance of the contract, and protection of the City of Missoula against liability. A complete set of the Contract Documents and Project Manual will be furnished the Contractors making application therefore from the City of Missoula Redevelopment Agency, 140 West Pine, Missoula, Montana. 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) except as listed in MCA 39-9-211. Information on registration can be obtained from the Department of Labor and Industry by calling 1-[PHONE REDACTED]. Contractor is required to have registered with the DLI prior to bidding on this project. All laborers and mechanics employed by contractor or subcontractors in performance of this construction work shall be paid wages at rates as may be required by law. The contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Successful contractors and vendors are required to comply with City of Missoula Business Licensing requirements. There will be a non-mandatory Pre-bid meeting at the parking lot of Ogren Park/Allegiance Field Missoula, MT, on Wednesday July 1, 2009 at 12:00 p.m. The City of Missoula reserves the right to waive informalities, to reject any and all bids, and, if all bids are rejected, to re-advertise under the same or new specifications, or to make such an award as in the judgment of its officials best meets the City's requirements. Any objections to published specifications must be filed in written form with the City Clerk prior to the bid opening at 3:00 p.m. on July 6, 2009. Martha L. Rehbein, City Clerk PUBLICATION NOTICE DATES: June 21, 2009 June 28, 2009 Missoulian END OF INVITATION TO BID ---PAGE BREAK--- 2 (THIS PAGE INTENTIONALLY LEFT BLANK) ---PAGE BREAK--- Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. GENERAL. Bidders must carefully study and conform to this "Instructions to Bidders" so that their proposals will be regular, complete and acceptable. 2. PROPOSALS. All proposals shall be made on the forms provided in this bound volume of contract documents. All proposals shall be legibly written in ink. If Bid Alternatives are included in the Bid Proposal, the Owner may reject all or may select any one or more of the bid alternatives. No alterations in proposals or in the printed forms will be permitted by erasures or interlineations. Proposals carrying riders or qualifications will be rejected as irregular. All bid proposal forms must be completed legibly, and in ink or typewriter (no pencil). Each Bid Proposal must be signed in ink in the blank spaces provided therein and include the current contractor registration number on the Proposal immediately following the signature and address of the bidder. If the proposal is made by a firm or partnership, the name and address of the firm or partnership shall be shown, together with the names and addresses of the members. If the proposal is made by a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the bidders and who shall also affix the corporate seal of such corporation. All bids remain subject to acceptance for forty-five (45) 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. 3. BOUND COPY OF PROJECT MANUAL TO REMAIN INTACT. The bid must be submitted on the Bid Proposal form contained in this bound copy of the “Project Manual and Contract Documents.” None of the instructions to bidders, bid proposal forms, contract agreement, contract stipulations or other specifications shall be removed from this bound copy, which shall be submitted in its entirety with the bid. Plan Sheets which are not bound into the Manual may remain separated. 4. DELIVERY OF PROPOSALS. Each proposal must be submitted in a sealed envelope and must be delivered to the office of the Owner's representative specified in the Advertisement/Invitation to Bid. The bidder’s Name, Address and Montana Contractor’s Identification Number shall be included on the exterior of the sealed envelope. Proposals will be received until the time specified in the Advertisement/Invitation for Bids. 5. REJECTION OF PROPOSAL CONTAINING ALTERATIONS, ERASURES, OR IRREGULARITIES. Proposals may be rejected if they show any omissions, erasures, alterations of form, additions not called for, unauthorized conditional or alternative bids, or irregularities of any kind. 6. PROPOSAL GUARANTEE. All proposals shall be accompanied by a proposal guarantee in the form and amount specified in the Advertisement/Invitation to Bid. The proposal guarantee shall be made payable to the Owner, and shall be based upon the highest combination of base bids and alternates that is submitted. The Bid Bond form that is included in this project manual may be utilized; however, a suitable form provided by the surety company is acceptable. All such proposal guarantees shall be returned to the respective bidders within fifteen (15) days after bids are opened except those of the three low bidders which may be retained for a period not to exceed forty- five (45) days or until the successful bidder has executed the contract. Thereafter, all remaining guarantees, including the guarantee of the successful bidder, will be returned. Should the successful bidder fail or refuse to enter into the contract in the form prescribed, with legally responsible sureties, within ten (10) days after the award is made by the Owner, his proposal guarantee will be forfeited to the Owner as liquidated damages. 7. PUBLIC OPENING OF PROPOSALS. Proposals will be opened publicly and read at the time and on the date and place set forth in the Owner’s Advertisement/Invitation to Bid. Bidders or their authorized agents are invited to be present. IB-1 ---PAGE BREAK--- Instructions to Bidders Instructions to Bidders 8. WITHDRAWAL OF BIDS. Bidders may withdraw any proposal after it has been deposited with the Owner, provided the bidder makes his request to the Owner prior to the time set for opening the proposal. At the time of the opening of proposals when such proposal is reached, it will be returned to the bidder, unopened and unread. 9. ACCEPTANCE OR REJECTION OF PROPOSALS. The Owner will consider the time element in awarding the contract, will accept the bid which in its estimation will best serve the interests of the Owner, and reserves the right to award the contract on the project that bidder whose bid shall be best for the public good. The Owner may also reject the bid of any party who has been delinquent or unfaithful in any former contract with the Owner. The Owner reserves the right to accept or to reject any or all bids. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected; any proposal having erasures, or corrections in the proposal may be rejected; any proposal accompanied by an insufficient or irregular proposal guarantee may be rejected. 10. SURETY BONDS. In accordance with Montana statutory requirements, the Contractor to whom the work is awarded will be required to furnish Payment and Performance Surety Bonds to the Owner in the amount of one hundred percent (100%) of the amount of the contract, guaranteeing faithful compliance with the terms of the contract. These bonds shall be executed on the forms hereto attached, signed by a surety company authorized to do business in the State of Montana and acceptable as Surety to the Owner and shall be accompanied by a "Power of Attorney." Per Montana Codes Annotated, 18-2-201, a contractor may, in lieu of surety, deposit with the city a cashier’s check, certificate of deposit, or other assignable security, for the full amount of the contract. 11. OMISSIONS AND DISCREPANCIES. Should a bidder find omissions from, or discrepancies in, the drawings or other contract documents, or should he be in doubt as to their meaning, he should at once notify the Owner who may send a written instruction to all bidders. Failure to obtain information as to meaning or intent of the plans and specifications will not constitute a claim for extra work after the award of the contract. 12. INTERPRETATIONS. No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Owner. The person submitting the request will be responsible for its prompt delivery. 13. MODIFICATIONS BY ADDENDA. Should it be necessary to modify the plans or specifications prior to the openings of bids, such modifications shall be made by a written "Addendum" prepared by the Owner and mailed to all plan holders. All such Addenda issued shall be as much a part of the plans and specifications as if bound herein. The latest date that Addendums can be mailed to plan holders is bid opening date less seven calendar days. In the case of Addendums delivered by electronic means (e-mail or fax), or hand-delivered, the latest date that Addendum must be in possession of all plan holders is bid opening date less four calendar days. 14. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK. The Bidder is required to examine carefully the site of the work and all of the plans, specifications and other contract documents for the work contemplated. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, above and under the surface of the ground, in performing the work as scheduled. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the Bidder has made such examination and is satisfied as to all conditions and contingencies. 15. QUALIFICATIONS OF BIDDERS. Bidders may be required to submit satisfactory evidence that they have practical knowledge and job experience in the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In awarding the contract, due consideration will be given to the present ability, reliability, and the general reputation of each of the bidders. Each bidder must 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 this contract or provide proper equipment for the proper execution of same. IB-2 16. MONTANA STATE LICENSE and REGISTRATION REQUIREMENTS. Uniform Professional Licensing and Regulation procedures are contained in Title 37, M.C.A. Bidders are responsible for ensuring that ---PAGE BREAK--- Instructions to Bidders they and their subcontractors are licensed and qualified to conduct business in Montana. Any Construction Contractor bidding on public work in the State of Montana is required to have a current Montana State Construction Contractor Registration except as listed in M.C.A. 39-9-211. (“Bid Only” registration is available for out-of-state bidders. Allow at least two weeks to obtain temporary registration.) No bids will be considered that do not carry the current contractor registration number on the Bid Proposal immediately following the signature and address of the bidder. Information pertaining to registration requirements may be obtained from the Montana Department of Labor and Industry, Helena, Montana. It is the duty of said Department to determine whether an applicant has met all requirements for registration as a construction contractor per Title 39, Chapter 9, Sections 39-9-101 through 39-9-401, M.C.A. 17. TAXATION – GROSS RECEIPTS TAX. As defined under Title 15, Chapter 50, embracing Sections 15-50- 101 through 15-50-207, M.C.A., a governmental agency entering into a construction contract shall withhold one percent of gross sum due the Contractor under the performance of the contract provided that the contract amount exceeds five thousand dollars ($5,000). The Contractor shall also withhold one percent of gross sum due the subcontractors. The withholdings shall be made payable to Miscellaneous Tax Division, Department of Revenue, Mitchell Building, Helena, Montana. 18. CITY OF MISSOULA LICENSE AND BOND REQUIREMENTS. Any Contractors engaged in public work in the City of Missoula are required to have a license from the City of Missoula based upon the nature of the work. A bond is also required for each type of work in the City of Missoula. Licenses are obtainable at the office of the City Treasurer, City Hall, Missoula, Montana. 19. INDUSTRIAL ACCIDENT INSURANCE. The Contractor's attention is called to the Industrial Accident Insurance laws in force in Montana and to the responsibility of the Owner for the collection of premiums there under. His compliance with said laws is required, and he shall relieve the Owner of any responsibility for the payment of premiums hereunder, and shall furnish the Owner with satisfactory evidence showing that all premiums arising from this Contract have been paid before payment is made on the final estimate. 20. MINIMUM WAGE RATES. In accordance with Montana Law (Section 18-2-403, M.C.A.) on contracts for State, County, municipal school construction, heavy highway or municipal construction, repair or maintenance work under any of the laws of the State, the Contractor and Employers shall give preference to the employment of bona fide Montana residents in the performance of said contract, and shall further pay the standard prevailing rate of wages including fringe benefits and travel allowances in effect as paid in the County or locality in which the work is being performed. The provisions of Section 18-2-409, MCA, requires 50 percent of the workers on the project to be Montana residents. The minimum wages if included as a part of the contract documents, are not controlling except as to the minimum for the purpose of the Davis-Bacon Act; therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages including fringe benefits for health and welfare and pension contributions, and travel allowance provisions in effect and applicable to the County or locality in which the work is being performed. The prevailing wage rate schedule in effect at the time this project is first advertised shall be used throughout the duration of the contract as prescribed in Administrative Rules of Montana (ARM) 24.17.127(1)(c). "Standard Prevailing Rate of Wages" is defined by Section 18-2-402, M.C.A., as including wages, fringe benefits for health and welfare and pension contributions and travel allowance which are paid in the City or locality by other contractors for work of a similar character performed in the County or locality by each craft, classification or type of worker needed to complete a contract. In accordance with Montana Law (Section 18-2-422, each contractor and employer shall maintain payroll records in a manner readily capable of being certified for submission under M.C.A. 18-2-423, for not less than three years after the contractor’s or employer’s completion of work on this project. IB-3 ---PAGE BREAK--- 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. To comply with Section 18-2-406, M.C.A., the Contractor performing work or providing construction services, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees. Per Montana Law, (Section 18-2-407, any contractor, subcontractor, or employer who pays workers or employees at less than the standard prevailing wage as established under the public works contract shall forfeit a penalty at a rate of up to 20% of the delinquent wages plus fringe benefits, attorney fees, audit fees, and court costs. Money collected under this section must be deposited in the Montana general fund. A contractor, subcontractor, or employer shall also forfeit to the employee the amount of wages owed plus $25 a day for each day that the employee was underpaid. Copies of the current prevailing rate of wages may be obtained from the Montana State Department of Labor and Industry, Labor Standards Division, Helena, Montana. Any infractions of the Laws of the State of Montana covering labor will be forwarded to the State of Montana, Department of Labor and Industry, Labor Standards Division. 21. TIME FOR BEGINNING WORK AND COMPLETION OF WORK The construction period for the work is based on calendar days stipulated in the contract documents. The Contractor will be issued a written "Notice to Proceed" following the "Notice of Award" and following review and approval of the contract, contract bonds and insurance certificate. Construction calendar day number one shall be the day following acknowledgment of the "Notice to Proceed." The project shall be completed within the calendar days stipulated in the Contract Documents. Contract time will not begin until weather and surface conditions allow the construction. Time will be stopped if weather and surface conditions do not allow the continuance of construction, and construction time will be started again when conditions are favorable. In all cases, the Owner, upon recommendation by the Owner’s Engineer or Architect, shall determine when conditions allow for construction, and shall determine if any time extensions are to be allowed for “unsuitable days.” 22. PAYMENTS. Payment for all work performed under this Contract will be made by cash on demand checks, on estimates, by the Owner. 23. DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. If it shall be found that any Bidder is interested in more than one proposal for the work contemplated, the Owner will cause the rejection of all Proposals in which such Bidder is interested. Any of all proposals will be rejected if there is reason for believing that collusion exists among the Bidders, and all participants in such collusion will not be considered in future proposals for the same work. Proposals in which the prices obviously are unbalanced may be rejected. 24. INTERPRETATION OF ESTIMATE. The unit quantities given in the Proposal for Unit Price Bids are to be considered as approximate estimated quantities. The unit prices to be tendered by the Bidder are to be tendered expressly for the estimated quantities as they may be increased or decreased within the restricting percentages stipulated under Changes to the Work in the General Conditions. Payment to the Contractor will be made for the actual quantities of work performed or materials furnished in accordance with the Contract and it is understood that the scheduled quantities or work to be done and materials to be furnished may each be increased or diminished as hereinafter provided, without in any way invalidating the bid prices. 25. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Contract Agreement, Article III.B. Forfeiture of Bid Bond for failure to enter into an awarded contract shall also be deemed “liquidated damages.” IB-4 ---PAGE BREAK--- Instructions to Bidders Instructions to Bidders 26. NON-DISCRIMINATION. All hiring shall be on the basis of merit and qualifications and there shall be no discrimination on the basis of race, color, religious creed, political ideas, sex, age, marital status, physical or mental handicap, national origin or ancestry, by persons performing this contract. Qualifications mean such abilities as are genuinely related to competent performance of the particular occupational task. 27 AFFIRMATIVE ACTION POLICY. Contractors, subcontractors, sub grantees, and other firms doing business with the City of Missoula must be in compliance with the City of Missoula's Affirmative Action Plan, and Title 49 Montana Codes Annotated, entitled "Human Rights" or forfeit the right to continue such business dealings. The City's Affirmative Action Policy Statement is: The Mayor of the City of Missoula is committed to implement affirmative action to provide all persons equal opportunity for employment without regard to race, color, religion, national origin, age, marital status, ancestry, receipt of public assistance, political beliefs, physical or mental handicap, ex-offender status, or sex. In keeping with this commitment, we are assigning to all department heads and their staff the responsibility of actively facilitating equal opportunity for present employees, applicants, and trainees. This responsibility shall include assurance that employment decisions are based on furthering the principle of equal employment opportunity by imposing only valid requirements for employment and assuring that all personnel actions are administered on the basis of job necessity. Specific responsibility for development, implementation, monitoring and reporting will be assigned to the City Personnel staff under the supervision of the Mayor's Administrative Assistant. It is the policy of the City of Missoula to take affirmative action to eliminate discrimination in personnel policies and procedures that have adverse impact on the "affected class" unless sex, ex-offenders status, and/or physical or mental handicap relates to a bona fide occupational qualification. Equal opportunities shall be provided for all City employees during their terms of employment. All applicants for City employment shall be recruited from the available labor market, and employed on the basis of their qualifications and abilities. The City of Missoula, where practical, shall utilize minority owned enterprises and shall ensure that subcontractors and vendors comply with this policy. Failure of subcontractors and vendors to comply with this policy statement shall jeopardize initial, continued, or renewed funds. Our commitment is intended to promote equal opportunity in all employment practices and provide a positive program of affirmative action for the City of Missoula, its employees, program participants, trainees and applicants. END OF INSTRUCTIONS TO BIDDERS IB-5 ---PAGE BREAK--- IB-6 (THIS PAGE INTENTIONALLY LEFT BLANK) ---PAGE BREAK--- Project Special Conditions PSC-1 PROJECT SPECIAL CONDITIONS 1. CONSTRUCTION SCHEDULE & SEQUENCE OF WORK The Contractor shall submit a Construction Schedule to be approved by the engineer. The Contractor should schedule his work so as not to cause unnecessary conflicts with other construction or unnecessary inconvenience to the public or to local businesses. 2. SITE WORK DESIGN SPECIFICATIONS AND PRECEDENCE The site work construction specifications in this contract are based upon Montana Public Works Standard Specifications Fifth Edition, March 2003, DIVISION 2 SITEWORK, Section 02100 (Site Preparation), Section 02200 (Earthwork), Section 02500 (Paving and Surfacing) and Section 02900 (Landscaping); and DIVISION 3 CONCRETE, Section 03310 (Structural Concrete). Units of measurement for payment are provided separately for this project in the Bid Proposal for Construction and/or in these Project Special Conditions where deemed necessary. Where site work design specifications are in conflict with these contract documents, precedence is established as follows, from lowest to highest: 5th Edition City of Missoula Standard Drawings These Project Special Conditions This Contract Agreement Change Orders executed to this Contract Agreement 3. SUPPLEMENTARY CONDITIONS TO THE A. Per Section 03310 (2.1.A.1), all curb and gutter, sidewalks, driveway approaches, curb turn fillets and valley gutters in this contract shall be constructed of M-4000 concrete. B. Section 02515 (2.1.A.7) and 03210 (Part Structural Steel, is not required in curbs, sidewalks or approaches, either as reinforcing steel mesh or for dowels and sleeves. 4. CONSTRUCTION STAKING Construction Staking for this project shall be provided by the contractor. No additional compensation will be made for construction staking. 5. TRAFFIC CONTROL AND SIGNING Traffic control and signing for this project shall be provided by the contractor. No additional compensation will be made for traffic control on this project. The traffic control shall meet all requirements set forth by the Manual of Uniform Traffic Control Devices and the City of Missoula Standardized Construction Traffic Control Plans. Work on this project may require lane closures. The contractor shall submit a traffic control plan to the Engineer before construction. Temporary Sidewalk fencing (STD-171) shall be used to provide pedestrian route around work areas. ---PAGE BREAK--- Project Special Conditions PSC-2 6. MAINTENANCE OF TRAFFIC & ACCESS FOR EMERGENCY SERVICES It is the Contractor's responsibility to maintain private and emergency vehicle traffic routes at all times. It is the Contractor's responsibility to sign the routes when they are temporarily closed and to sign an approved detour. Driveways may have to be poured in multiple stages at the engineer’s discretion to maintain access. No additional compensation will be allowed for this modification to work. 7. BID ITEM “MISCELLANEOUS WORK” 1. Description. This item consists of any necessary work and/or materials encountered during construction that is not addressed in other contract items. 2. Method of Measurement. Miscellaneous work is measured by the respective unit for work, or labor/equipment rate schedule and/or materials performed as directed by the Engineer in writing. 3. Basis of Payment. Payment for the completed and accepted quantities will be made at the agreed prices or on a force account basis. The number of units in dollars set down in the contract is an estimated amount only, and may be adjusted up or down by the Owner in accordance with the needs of the project. Payment will only be made for work that is authorized, completed, and accepted. 8. PERMITS Contractor is required to obtain all applicable permits upon completion of this project. The permit fee will be calculated at a rate of 17% based on the final construction costs of the project. 9. PLAN SHEETS The plan sheets are illustrative, the actual alignment and grade of the sidewalks and curbs will be set by the engineer prior to construction. 10. PREVAILING WAGE RATES The contractor shall utilize the Montana Statewide Davis-Bacon Highway Construction Wage Rates included in the Montana Prevailing Wage Rate Schedule for Heavy and Highway Construction effective May 15, 2009. IF THE TOTAL CONTRACT BID IS BELOW $25,000, PREVAILING WAGE RATES WILL NOT APPLY. 11. LIEN/CLAIM WAIVERS AND AFFIDAVIT OF BILLS PAID FOR RELEASE OF FINAL PAYMENT Bidder's attention is invited to General Conditions, Section 2.6.02 which requires completion and submission of construction lien/claim waivers and an Affidavit of Bills Paid for Release of Final Payment. The new text is also copied below: "Requests for Payment shall be accompanied by a City of Missoula Lien/Claim Waiver Form, with appropriate "Conditional" and "Unconditional" portions completed, from the Prime Contractor and from each vendor, subcontractor and sub-subcontractor. Prime Contractor shall submit an Affidavit of Bills Paid for Release of the Final Payment. For projects under $50,000 a single Lien/Claim Waiver form may be submitted from each vendor, subcontractor and sub-subcontractor with the Request for Final Payment, accompanied by the Prime Contractor's Affidavit of Bills Paid for Release of the Final Payment." Forms are provided near the end of this contract bidding document. Use of alternative form requires pre-approval of the Missoula City Attorney. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-1 CONSTRUCTION SPECIFICATIONS FOR Silver Park Phase II – Parking Lot These Project Specifications are special provisions that modify and/or supplement in part the General Conditions or the Technical Specifications of the contract (the 2006 MONTANA STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION). In the event of a conflict, these construction specifications shall take precedence. These Construction specifications are incorporated into this Contract Agreement. TABLE OF CONTENTS DIVISION 200 – EARTHWORK Section 201 Clearing and Grubbing Section 202 Removal of Structures and Obstructions Section 203 Excavation and Embankment Section 204 Existing Surface Preparation Section 208 Water Pollution Control and Stream Preservation DIVISION 400 – BITUMINOUS PAVEMENTS Section 401 Plant Mix Pavement Section 402 Bituminous Materials DIVISION 500 – RIGID PAVEMENT Section 501 Portland Cement Concrete Pavement Section 551 Portland Cement Concrete Section 552 Concrete Structures DIVISION 600 – MISCELLANEOUS CONSTRUCTION Section 603 Culverts, Storm Drains, Sitary Sewers, Stockpasses, and Underpasses Section 604 Manholes, Combination Manholes and Inlets, and Inlets Section 607 Fences Section 608 Concrete Sidewalks Section 609 Curbs and Gutters Section 613 Riprap and Slope and Bank Protection Section 614 Retaining Walls Section 616 Conduits and Pull Boxes Section 620 Pavement Marking Application Section 622 Geotextiles DIVISION 700 – MATERIALS Section 701 Aggregates Section 702 Bituminous Materials Section 708 Concrete, Plastic, and Fiber Pipe Section 712 Fencing Materials Section 714 Pavement Marking Materials Section 716 Geotextiles AMENDMENTS TO STANDARD SPECIFICATIONS ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-2 SPECIAL PROVISIONS Section 717 Unit Masonry Assemblies Section 718 Articulating Concrete Mat Section 719 Alternate Bid Item No. 1 ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-3 AMENDMENTS TO THE 2006 STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION The following Amendments to the 2006 Montana Standard Specifications for Road and Bridge Construction are made a part of this contract and supersede any conflicting provisions of the Standard Specifications. Each Amendment contains all current revisions to the applicable section of the Standard Specifications and may include references, which do not apply to this particular project. SECTION 201, CLEARING AND GRUBBING 201.01 DESCRIPTION The first sentence in the first paragraph is revised to read: This work is the clearing, grubbing, removing, burning, burying, and disposing of vegetation and debris within the project limits and easement areas without damaging vegetation, adjacent property and other objects designated to remain in place. SECTION 202, REMOVAL OF STRUCTURES AND OBSTRUCTIONS 202.03 CONSTRUCTION REQUIREMENTS The first paragraph is revised to read as follows: Raze, remove, and dispose of all debris pertaining to the relocation of the asphalt pathway and other obstructions within the project limits, excluding utilities. Remove and transport specified salvage material designated to remain property of the Owner, without damage, to the specified locations. Obtain the Project Manager’s written permission to use any salvaged materials. SECTION 203, EXCAVATION AND EMBANKMENT 203.1 DESCRIPTION This section is revised to read as follows: This work is the excavation, placing, compacting and disposal of material encountered within the construction limits necessary to construct the project. All surplus excavated materials shall be stockpiled on- site per the Owner’s direction except the asphalt pathway material which shall be disposed of per Section 202. SECTION 603, CULVERTS, STORM DRAINS, SANITARY SEWERS, STOCKPASSES, AND UNDERPASSES 603.1 DESCRIPTION This section is revised to read as follows: This work is furnishing and installing culverts, storm drains, sanitary sewers, stockpasses, underpasses, further referred to as pipe. This section does not include the methane abatement system which is under a separate Specification. SECTION 622, GEOTEXTILES 622.01 DESCRIPTION This section is revised to read as follows: This work is furnishing and installing geotextiles per the methane abatement Specification. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-4 ADDITIONS TO THE 2006 STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION The following Special Provisions to the “Standard Specifications” are made part of this Contract and supersede all conflicting provisions of the “Standard Specifications”. The numbers preceding the section title refer to the corresponding section of the “Standard Specifications” or Amendments to the “Standard Specifications”. SECTION 201 CLEARING AND GRUBBING 201.03 CONSTRUCTION REQUIREMENTS 201.03.05 DISPOSAL Add the following: No burnings shall be allowed. All excavated material and debris shall be stockpiled on site per the owner’s direction. SECTION 203 EXCAVATION AND EMBANKMENTS 203.03 CONSTRUCTION REQUIREMENTS 203.03.2(D) Earth Embankment Add the following: All placement of earth embankment material shall comply with the Methane Abatement Plan and Specifications. SECTION 204 EXISTING SURFACE PREPARATION 204.03 CONSTRUCTION REQUIREMENTS 204.03.1 Subgrade Add the following: All excavation and backfill within the project limits shall be per the Methane Abatement Plan and Specifications. SECTION 501 PORTLAND CEMENT CONCRETE PAVEMENT 501.03 CONSTRUCTION REQUIREMENTS 501.03.8(C) Final Surface Finish Add the following: For the concrete pavement section of the boat ramp, the final surface finish shall be per the special detail as specified by the Montana Department of Fish, Wildlife and Parks using the special group tool which may be rented from said agency. SECTION 551 PORTLAND CEMENT CONCRETE ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-5 551.03 CONSTRUCTION REQUIREMENTS 551.03.1 Classification Contractor shall use or Concrete for the waste container enclosure slab. SECTION 603 CULVERTS, STORM DRAINS, SANITARY SEWERS, STOCKPASSES, AND UNDERPASSES 603.02 MATERIALS Delete the section in its entirety and replace with the following: The Contractor shall use polyethylene corrugated drainage pipe material meeting the Polyethylene Corrugated Drainage Pipe or Tubing - Subsection 708.07 requirements. Materials will be acceptance inspected at the manufacturing source. SECTION 604 MANHOLES, COMBINATION MANHOLES AND INLETS, AND INLETS 604.03 CONSTRUCTION REQUIREMENTS 604.03.1 General Add the following: All work and materials shall meet the City of Missoula’s Standard 602 with #515-Style 3, C-2 Grate. SECTION 607 FENCES 607.02 MATERIALS All fencing shall be chain link meeting Section 712.01, Type 1 Class C Zinc-coated steel. SECTION 608 CONCRETE SIDEWALKS 608.03 CONSTRUCTION REQUIREMENTS 608.03.2 Concrete Delete the section in its entirety and replace with the following: Furnish and place concrete per City of Missoula Standard 141. Place reinforcing steel as specified. Dampen the foundation forms immediately before placing concrete. Do not place concrete on a frozen foundation course or subgrade. Construct and install truncated domes as shown on the Plans and Detailed Drawings. Use red brick colored dye in the concrete mix prior to pre-casting. SECTION 609 CURBS AND GUTTER 609.03 CONSTRUCTION REQUIREMENTS 609.03.1 General ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-6 Add the following: All work and materials shall be the City of Missoula’s Typical L-Type Curb/Gutter per City Standard 121. SECTION 614 RETAINING WALLS 614.03 CONSTRUCTION REQUIREMENTS Add the following new section: 614.03.3(a) Modular Block Retaining Wall Assemble the wall parts following the wall manufacturer’s recommendations. If approved, the wall height and depth may be varied but can not exceed the maximum dimension shown. 614.03.4 Backfill Add the following new section: C. Modular Block Retaining Wall Furnish and place the backfill material as specified by the manufacturer and as shown on the plans. SECTION 622 GEOTEXTILES 622.01 DESCRIPTION Add the following: All work and materials shall be as shown on the Methane Abatement Plan. Add the following section: 624 IRRIGATION SUPPLY CONNECTION 624.01 DESCRIPTION This work includes the construction of a water supply system from an existing water main onto the site for the purpose of irrigation. 624.02 MATERIALS Furnish materials meeting the following sections and subsection requirements and as required by Mountain Water Company, Missoula, Montana: Piping material 708.05 624.03 CONSTRUCTION REQUIREMENTS All workmanship and materials shall meet Mountain Water Company’s Standards and Specifications. 624.04 METHOD OF MEASUREMENT 624.04.1 4” Water Line. Water line is measured by linear foot. 624.04.2 4” Water Meter ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-7 Water meter is measured by each unit. 624.04.3 Water Valves and End Caps Water valves and end caps are measured by each unit. 624.04.4 Water Main Connection Water main connection is measured by lump sum. 624.05 BASIS OF PAYMENT Payment for the completed and accepted quantities is made as follows: Pay Item Pay Unit 4” Water line Linear Feet 4” Water meter Each Valves & End Caps Each Water Main Connection Lump Sum Add new section: SECTION 717 UNIT MASONRY ASSEMBLIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY This Section includes unit masonry assemblies consisting of the following: 1. Concrete masonry units (CMUs). 2. Decorative concrete masonry units. 3. Calcium silicate masonry units. 4. Mortar and grout. 5. Reinforcing steel. 6. Masonry joint reinforcement. 7. Embedded flashing. 8. Miscellaneous masonry accessories. 9. Cavity-wall insulation. 1.3 DEFINITIONS Reinforced Masonry: Masonry containing reinforcing steel in grouted cells. 1.4 SUBMITTALS Product Data: For each type of product indicated. Material Certificates: Include statements of material properties indicating compliance with requirements including compliance with standards and type designations within standards. Provide for each type and size of the following: ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-8 1. Masonry units. a. Include material test reports substantiating compliance with requirements. 2. Cementitious materials. Include brand, type, and name of manufacturer. 3. Preblended, dry mortar mixes. Include description of type and proportions of ingredients. 4. Reinforcing bars. 5. Joint reinforcement. 6. Anchors, ties, and metal accessories. Samples for Verification: 7. Decorative concrete masonry units. Mix Designs: For each type of mortar and grout. Include description of type and proportions of ingredients. 8. Include test reports, per ASTM C 780, for mortar mixes required to comply with property specification. 9. Include test reports, per ASTM C 1019, for grout mixes required to comply with compressive strength requirement. 1.5 DELIVERY, STORAGE, AND HANDLING Store masonry units on elevated platforms in a dry location. If units are not stored in an enclosed location, cover tops and sides of stacks with waterproof sheeting, securely tied. If units become wet, do not install until they are dry. Store cementitious materials on elevated platforms, under cover, and in a dry location. Do not use cementitious materials that have become damp. Store aggregates where grading and other required characteristics can be maintained and contamination avoided. Deliver preblended, dry mortar mix in moisture-resistant containers designed for lifting and emptying into dispensing silo. Store preblended, dry mortar mix in delivery containers on elevated platforms, under cover, and in a dry location or in a metal dispensing silo with weatherproof cover. Store masonry accessories, including metal items, to prevent corrosion and accumulation of dirt and oil. 1.6 PROJECT CONDITIONS Protection of Masonry: During construction, cover tops of walls, projections, and sills with waterproof sheeting at end of each day's work. Cover partially completed masonry when construction is not in progress. 1. Extend cover a minimum of 24 inches(600 mm) down both sides and hold cover securely in place. Do not apply uniform roof loads for at least 12 hours and concentrated loads for at least 3 days after building masonry walls or columns. Stain Prevention: Prevent grout, mortar, and soil from staining the face of masonry to be left exposed or painted. Immediately remove grout, mortar, and soil that come in contact with such masonry. 2. Protect base of walls from rain-splashed mud and from mortar splatter by spreading coverings on ground and over wall surface. 3. Protect sills, ledges, and projections from mortar droppings. 4. Protect surfaces of window and door frames, as well as similar products with painted and integral finishes, from mortar droppings. 5. Turn scaffold boards near the wall on edge at the end of each day to prevent rain from splashing mortar and dirt onto completed masonry. Cold-Weather Requirements: Do not use frozen materials or materials mixed or coated with ice or frost. Do not build on frozen substrates. Remove and replace unit masonry damaged by frost or by freezing conditions. Comply with cold-weather construction requirements contained in ACI 530.1/ASCE 6/TMS 602. 6. Cold-Weather Cleaning: Use liquid cleaning methods only when air temperature is 40 deg F(4 deg C) and above and will remain so until masonry has dried, but not less than 7 days after completing cleaning. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-9 Hot-Weather Requirements: Comply with hot-weather construction requirements contained in ACI 530.1/ASCE 6/TMS 602. PART 2 - PRODUCTS 2.1 MANUFACTURERS In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Products: Subject to compliance with requirements, provide one of the products specified. 2.2 CONCRETE MASONRY UNITS (CMUs) Shapes: Provide shapes indicated and as follows: 1. Provide special shapes for lintels, corners, jambs, movement joints, headers, bonding, and other special conditions. 2. Provide square-edged units for outside corners, unless otherwise indicated. Concrete Masonry Units: ASTM C 90. 3. Unit Compressive Strength: Provide units with minimum average net-area compressive strength of 1900 psi(13.1 MPa). 4. Weight Classification: Normal weight. 5. Size (Width): As indicated, manufactured to dimensions 3/8 inch less than nominal dimensions. Decorative Concrete Masonry Units: ASTM C 90. 6. Unit Compressive Strength: Provide units with minimum average net-area compressive strength of 1900 psi (13.1 MPa). 7. Weight Classification: Normal weight. 8. Size (Width): 8 inch by 16 inch by 4 inch, unless indicated otherwise. 9. Pattern and Texture: a. Standard pattern, ground (burnished) finish. 10. Colors: Match Architect's samples. 2.3 MORTAR AND GROUT MATERIALS Portland Cement: ASTM C 150, Type I or II, except Type III may be used for cold-weather construction. Hydrated Lime: ASTM C 207, Type S. Aggregate for Mortar: ASTM C 144. Aggregate for Grout: ASTM C 404. Water: Potable. 2.4 REINFORCEMENT Uncoated Steel Reinforcing Bars: ASTM A 615/A 615M or ASTM A 996/A 996M, Grade 60(Grade 420). Masonry Joint Reinforcement, General: ASTM A 951. 1. Exterior Walls: Hot-dip galvanized, carbon steel. 2. Wire Size for Side Rods: W2.8 or 0.188-inch(4.8-mm) diameter. 3. Wire Size for Cross Rods: W2.8 or 0.188-inch(4.8-mm) diameter. 4. Provide in of not less than 10 feet(3 with prefabricated corner and tee units. Masonry Joint Reinforcement for Single-Wythe Masonry: Either ladder or truss type with single pair of side rods. Masonry Joint Reinforcement for Multiwythe Masonry: ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-10 5. Adjustable (two-piece) type, either ladder or truss design, with one side rod at each face shell of backing wythe and with separate ties that extend into facing wythe. Ties have two hooks that engage eyes or slots in reinforcement and resist movement perpendicular to wall. Ties extend at least halfway through facing wythe but with at least 5/8-inch (16-mm) cover on outside face. 2.5 MISCELLANEOUS ANCHORS Unit Type Inserts in Concrete: Cast-iron or malleable-iron wedge-type inserts. Postinstalled Anchors: Provide chemical or torque-controlled expansion anchors, with capability to sustain, without failure, a load equal to six times the load imposed when installed in solid or grouted unit masonry and equal to four times the load imposed when installed in concrete, as determined by testing per ASTM E 488 conducted by a qualified independent testing agency. 1. Corrosion Protection: Carbon-steel components zinc plated to comply with ASTM B 633, Class Fe/Zn 5 (5 microns) for Class SC 1 service condition (mild). 2.6 EMBEDDED FLASHING MATERIALS Metal Flashing: Provide metal flashing, where flashing is exposed or partly exposed and where indicated, complying with" and as follows: 1. Stainless Steel: ASTM A 240/A 240M, Type 304, 0.016 inch(0.4 mm) thick. 2. Metal Drip Edges: Fabricate from stainless steel. Extend at least 3 inches(75 mm) into wall and 1/2 inch(13 mm) out from wall, with outer edge bent down 30 degrees and hemmed. Flexible Flashing: For flashing not exposed to the exterior, use one of the following, unless otherwise indicated: 3. Asphalt-Coated Copper Flashing: 7-oz./sq. ft.(2-kg/sq. m) copper sheet coated with flexible asphalt. Use only where flashing is fully concealed in masonry. a. Products: 1) Advanced Building Products Inc.; Cop-R-Cote. 2) Hohmann & Barnard, Inc.; H & B C-Coat Flashing. 3) Sandell Manufacturing Co., Inc.; Coated Copper Flashing. 4) York Manufacturing, Inc.; Copperseal. 4. EPDM Flashing: Sheet flashing product made from ethylene-propylene-diene terpolymer, complying with ASTM D 4637, 0.040 inch(1.0 mm) thick. a. Products: 1) Carlisle Coatings & Waterproofing; Pre-Kleened EPDM Thru-Wall Flashing. 2) Firestone Building Products; FlashGuard. 3) Heckmann Building Products Inc.; No. 81 EPDM Thru-Wall Flashing. Solder and Sealants for Sheet Metal Flashings: 5. Solder for Stainless Steel: ASTM B 32, Grade Sn60, with acid flux of type recommended by stainless-steel sheet manufacturer. 6. Elastomeric Sealant: ASTM C 920, chemically curing silicone sealant; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight. 2.7 MISCELLANEOUS MASONRY ACCESSORIES Compressible Filler: Premolded filler strips complying with ASTM D 1056, Grade 2A1; compressible up to 35 percent; of width and thickness indicated; formulated from neoprene. Weep/Vent Products: Use the following, unless otherwise indicated: 1. Round Plastic Weep/Vent Tubing: Medium-density polyethylene, 3/8-inch(9-mm) OD by 4 inches(100 mm) long. Cavity Drainage Material: Free-draining mesh, made from polymer strands that will not degrade within the wall cavity. 2. Provide one of the following configurations: ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-11 a. Strips, not less than 1-1/2 inches(38 mm) thick and 10 inches(250 mm) wide, with dimpled surface designed to catch mortar droppings and prevent weep holes from being clogged with mortar. 3. Products: a. Advanced Building Products Inc.; Mortar Break. Reinforcing Bar Positioners: Wire units designed to fit into mortar bed joints spanning masonry unit cells with loops for holding reinforcing bars in center of cells. Units are formed from 0.142-inch(3.6- mm) steel wire, hot-dip galvanized after fabrication. Provide units with either two loops or four loops as needed for number of bars indicated. 4. Products: a. Dayton Superior Corporation, Dur-O-Wal Division; D/A 810, D/A 812 or D/A 817. b. Heckmann Building Products Inc.; No. 376 Rebar Positioner. c. Hohmann & Barnard, Inc.; #RB or #RB-Twin Rebar Positioner. 2.8 MORTAR AND GROUT MIXES Preblended, Dry Mortar Mix: Furnish dry mortar ingredients in form of a preblended mix. Measure quantities by weight to ensure accurate proportions, and thoroughly blend ingredients before delivering to Project site. Mortar for Unit Masonry: Comply with ASTM C 270, Property Specification. Provide the following types of mortar for applications stated unless another type is indicated or needed to provide required compressive strength of masonry. 1. For exterior, above-grade, load-bearing and non-load-bearing walls and parapet walls; for interior load-bearing walls; for interior non-load-bearing partitions; and for other applications where another type is not indicated, use Type N. Grout for Unit Masonry: Comply with ASTM C 476. 2. Use grout of type indicated or, if not otherwise indicated, of type (fine or coarse) that will comply with Table 1.15.1 in ACI 530.1/ASCE 6/TMS 602 for dimensions of grout spaces and pour height. 3. Provide grout with a slump of 8 to 11 inches(200 to 280 mm) as measured according to ASTM C 143/C 143M. PART 3 - EXECUTION 3.1 EXAMINATION Examine conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of work. 1. Verify that reinforcing dowels are properly placed. Before installation, examine rough-in and built-in construction for piping systems to verify actual locations of piping connections. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION, GENERAL Thickness: Build single-width walls to actual widths of masonry units, using units of widths indicated. Build chases and recesses to accommodate items specified in this and other Sections. Leave openings for equipment to be installed before completing masonry. After installing equipment, complete masonry to match the construction immediately adjacent to opening. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-12 Use full-size units without cutting if possible. If cutting is required to provide a continuous pattern or to fit adjoining construction, cut units with motor-driven saws; provide clean, sharp, unchipped edges. Allow units to dry before laying unless wetting of units is specified. Install cut units with cut surfaces and, where possible, cut edges concealed. Select and arrange units for exposed unit masonry to produce a uniform blend of colors and textures. Comply with construction tolerances in ACI 530.1/ASCE 6/TMS 602 and with the following: 1. For conspicuous vertical lines, such as external corners, door jambs, reveals, and expansion and control joints, do not vary from plumb by more than 1/8 inch in 10 feet(3 mm in 3 1/4 inch in 20 feet(6 mm in 6 or 1/2 inch(12 mm) maximum. 2. For exposed bed joints, do not vary from thickness indicated by more than plus or minus 1/8 inch(3 mm), with a maximum thickness limited to 1/2 inch(12 mm). Do not vary from bed-joint thickness of adjacent courses by more than 1/8 inch(3 mm). 3.3 LAYING MASONRY WALLS Lay out walls in advance for accurate spacing of surface bond patterns with uniform joint thicknesses and for accurate location of openings, movement-type joints, returns, and offsets. Avoid using less- than-half-size units, particularly at corners, jambs, and, where possible, at other locations. Bond Pattern for Exposed Masonry: Unless otherwise indicated, lay exposed masonry in running bond; do not use units with less than nominal 4-inch(100-mm) horizontal face dimensions at corners or jambs. Stopping and Resuming Work: Stop work by racking back units in each course from those in course below; do not tooth. When resuming work, clean masonry surfaces that are to receive mortar, remove loose masonry units and mortar, and wet brick if required before laying fresh masonry. Built-in Work: As construction progresses, build in items specified in this and other Sections. Fill in solidly with masonry around built-in items. Where built-in items are to be embedded in cores of hollow masonry units, place a layer of metal lath, wire mesh, or plastic mesh in the joint below and rod mortar or grout into core. Fill cores in hollow concrete masonry units with grout 24 inches(600 mm) under bearing plates, beams, lintels, posts, and similar items, unless otherwise indicated. Build non-load-bearing interior partitions full height of story to underside of solid floor or roof structure above, unless otherwise indicated. 1. Install compressible filler in joint between top of partition and underside of structure above. 2. Fasten partition top anchors to structure above and build into top of partition. Grout cells of CMUs solidly around plastic tubes of anchors and push tubes down into grout to provide 1/2- inch(13-mm) clearance between end of anchor rod and end of tube. Space anchors 36 inches(900 mm) o.c., unless otherwise indicated. 3. At fire-rated partitions, treat joint between top of partition and underside of structure above to comply with Division 7 Section "Fire-Resistive Joint Systems." 3.4 MORTAR BEDDING AND JOINTING Lay hollow concrete masonry units as follows: 1. With face shells fully bedded in mortar and with head joints of depth equal to bed joints. 2. With webs fully bedded in mortar in all courses of piers, columns, and pilasters. 3. With webs fully bedded in mortar in grouted masonry, including starting course on footings. 4. With entire units, including areas under cells, fully bedded in mortar at starting course on footings where cells are not grouted. Lay solid masonry units with completely filled bed and head joints; butter ends with sufficient mortar to fill head joints and shove into place. Do not deeply furrow bed joints or slush head joints. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-13 Set cast-stone trim units in full bed of mortar with full vertical joints. Fill dowel, anchor, and similar holes. 5. Clean soiled surfaces with fiber brush and soap powder and rinse thoroughly with clear water. 6. Wet joint surfaces thoroughly before applying mortar. Tool exposed joints concave when thumbprint hard, using a jointer larger than joint thickness, unless otherwise indicated. Cut joints flush for masonry walls to receive plaster or other direct-applied finishes (other than paint), unless otherwise indicated. 3.5 CAVITY WALLS Keep cavities clean of mortar droppings and other materials during construction. Bevel beds away from cavity, to minimize mortar protrusions into cavity. Do not attempt to trowel or remove mortar fins protruding into cavity. Coat cavity face of backup wythe to comply with Division 7 Section "Bituminous Dampproofing." Installing Cavity-Wall Insulation: Place small dabs of adhesive, spaced approximately 12 inches(300 mm) o.c. both ways, on inside face of insulation boards, or attach with plastic fasteners designed for this purpose. Fit courses of insulation between wall ties and other confining obstructions in cavity, with edges butted both ways. Press units firmly against inside wythe of masonry or other construction as shown. 1. Fill cracks and open gaps in insulation with crack sealer compatible with insulation and masonry. 3.6 MASONRY JOINT REINFORCEMENT General: Install entire length of longitudinal side rods in mortar with a minimum cover of 5/8 inch(16 mm) on exterior side of walls, 1/2 inch(13 mm) elsewhere. Lap reinforcement a minimum of 6 inches(150 mm). 1. Space reinforcement not more than 16 inches(406 mm) o.c. 2. Space reinforcement not more than 8 inches(203 mm) o.c. in parapet walls. 3. Provide reinforcement not more than 8 inches(203 mm) above and below wall openings and extending 12 inches(305 mm) beyond openings. a. Reinforcement above is in addition to continuous reinforcement. Interrupt joint reinforcement at control and expansion joints, unless otherwise indicated. Provide continuity at wall intersections by using prefabricated T-shaped units. Provide continuity at corners by using prefabricated L-shaped units. 3.7 CONTROL AND EXPANSION JOINTS General: Install control and expansion joint materials in unit masonry as masonry progresses. Do not allow materials to span control and expansion joints without provision to allow for in-plane wall or partition movement. Form control joints in concrete masonry as follows: 1. Install temporary foam-plastic filler in head joints and remove filler when unit masonry is complete for application of sealant. Provide horizontal, pressure-relieving joints by either leaving an air space or inserting a compressible filler of width required for installing sealant and backer rod specified in Division 7 Section "Joint Sealants," but not less than 3/8 inch(10 mm). ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-14 2. Locate horizontal, pressure-relieving joints beneath shelf angles supporting masonry. 3.8 LINTELS Install steel lintels where indicated. Provide masonry lintels where shown and where openings of more than 24 inches(610 mm) for block-size units are shown without structural steel or other supporting lintels. Provide minimum bearing of 8 inches(200 mm) at each jamb, unless otherwise indicated. 3.9 FLASHING, WEEP HOLES, CAVITY DRAINAGE, AND VENTS General: Install embedded flashing and weep holes in masonry at lintels, ledges, other obstructions to downward flow of water in wall, and where indicated. Install flashing as follows, unless otherwise indicated: 1. Prepare masonry surfaces so they are smooth and free from projections that could puncture flashing. Where flashing is within mortar joint, place through-wall flashing on sloping bed of mortar and cover with mortar. Before covering with mortar, seal penetrations in flashing with adhesive, sealant, or tape as recommended by flashing manufacturer. 2. At lintels and shelf angles, extend flashing a minimum of 6 inches(150 mm) into masonry at each end. At heads and sills, extend flashing 6 inches(150 mm) at ends and turn up not less than 2 inches(50 mm) to form end dams. 3. Install metal drip edges beneath flexible flashing at exterior face of wall. Stop flexible flashing 1/2 inch(13 mm) back from outside face of wall and adhere flexible flashing to top of metal drip edge. 4. Cut flexible flashing off flush with face of wall after masonry wall construction is completed. Install reglets and nailers for flashing and other related construction where they are shown to be built into masonry. Install weep holes in head joints in exterior wythes of first course of masonry immediately above embedded flashing and as follows: 5. Use specified weep/vent products to form weep holes. 6. Space weep holes formed from plastic tubing 16 inches(400 mm) o.c. Place cavity drainage material in cavities to comply with configuration requirements for cavity drainage material in Part 2 "Miscellaneous Masonry Accessories" Article. Install vents in head joints in exterior wythes at spacing indicated. Use specified weep/vent products to form vents. 7. Close cavities off vertically and horizontally with blocking in manner indicated. Install through- wall flashing and weep holes above horizontal blocking. 3.10 REINFORCED UNIT MASONRY INSTALLATION Temporary Formwork and Shores: Construct formwork and shores as needed to support reinforced masonry elements during construction. 1. Construct formwork to provide shape, line, and dimensions of completed masonry as indicated. Make forms sufficiently tight to prevent leakage of mortar and grout. Brace, tie, and support forms to maintain position and shape during construction and curing of reinforced masonry. 2. Do not remove forms and shores until reinforced masonry members have hardened sufficiently to carry their own weight and other temporary loads that may be placed on them during construction. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-15 Placing Reinforcement: Comply with requirements in ACI 530.1/ASCE 6/TMS 602. Grouting: Do not place grout until entire height of masonry to be grouted has attained enough strength to resist grout pressure. 3. Comply with requirements in ACI 530.1/ASCE 6/TMS 602 for cleanouts and for grout placement, including minimum grout space and maximum pour height. 4. Limit height of vertical grout pours to not more than 60 inches(1520 mm). 3.11 FIELD QUALITY CONTROL Inspectors: Owner will engage qualified independent inspectors to perform inspections and prepare reports. Allow inspectors access to scaffolding and work areas, as needed to perform inspections. 1. Place grout only after inspectors have verified compliance of grout spaces and grades, sizes, and locations of reinforcement. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform field tests and inspections indicated below and prepare test reports: 2. Retesting of materials failing to comply with specified requirements shall be done at Contractor's expense. Testing Frequency: One set of tests for each 2000 sq. ft.(186 sq. m) of wall area or portion thereof. Concrete Masonry Unit Test: For each type of unit provided, per ASTM C 140. Mortar Test (Property Specification): For each mix provided, per ASTM C 780. Test mortar for compressive strength. Grout Test (Compressive Strength): For each mix provided, per ASTM C 1019. 3.12 REPAIRING, POINTING, AND CLEANING Remove and replace masonry units that are loose, chipped, broken, stained, or otherwise damaged or that do not match adjoining units. Install new units to match adjoining units; install in fresh mortar, pointed to eliminate evidence of replacement. Pointing: During the tooling of joints, enlarge voids and holes, except weep holes, and completely fill with mortar. Point up joints, including corners, openings, and adjacent construction, to provide a neat, uniform appearance. Prepare joints for sealant application, where indicated. In-Progress Cleaning: Clean unit masonry as work progresses by dry brushing to remove mortar fins and smears before tooling joints. Final Cleaning: After mortar is thoroughly set and cured, clean exposed masonry as follows: 1. Remove large mortar particles by hand with wooden paddles and nonmetallic scrape hoes or chisels. 2. Test cleaning methods on sample wall panel; leave one-half of panel uncleaned for comparison purposes. Obtain Architect's approval of sample cleaning before proceeding with cleaning of masonry. 3. Protect adjacent stone and nonmasonry surfaces from contact with cleaner by covering them with liquid strippable masking agent or polyethylene film and waterproof masking tape. 4. Wet wall surfaces with water before applying cleaners; remove cleaners by rinsing surfaces thoroughly with clear water. 5. Clean masonry with a proprietary acidic cleaner applied according to manufacturer's written instructions. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-16 6. Clean concrete masonry by cleaning method indicated in NCMA TEK 8-2A applicable to type of stain on exposed surfaces. 3.13 MASONRY WASTE DISPOSAL Salvageable Materials: Unless otherwise indicated, excess masonry materials are Contractor's property. At completion of unit masonry work, remove from Project site. Add new section: SECTION 718 ARTICULATING CONCRETE MAT PART 1: GENERAL A. Scope of Work The contractor shall furnish all labor, materials, equipment, and incidentals required and perform all operations in connection with the installation of the articulating concrete erosion control mats in accordance with the lines, grades, design and dimensions shown on the Contract Drawings and as specified herein. B. Submittal The contractor shall submit to the engineer all manufacturer’s performance research results and calculations in support of the articulating concrete mat system and geotextile proposed for use. All calculations must be made in accordance with PART 2.A. of this specification utilizing a windows based computer program developed specifically for the articulating concrete mat. The contractor shall furnish manufacturer’s certificates of compliance for the articulating concrete blocks/mats, revetment cable, and any revetment cable fittings and connectors to the engineer prior to the start of mat fabrication. The contractor shall furnish to the engineer all manufacturer’s specifications, literature, shop drawings for the fabrication of the mats, and recommendations, if applicable, that are specifically related to this project, 14 days prior to the assembly of the articulating concrete mats. PART 2: PRODUCTS A. GENERAL All articulating concrete mats shall be pre-manufactured of individual concrete blocks with specific hydraulic capacities, bound into mats by the use of revetment cables. The mats shall arrive at the jobsite assembled according to the and widths as specified on the shop drawings. Individual blocks in the articulating concrete mats shall be staggered, beveled, and interlocked for enhanced stability. The mats shall be constructed of closed cell blocks as shown on the contract drawings. The blocks shall have a “capped feature” providing additional traction for pulling boats out of the water. Parallel strands of cable shall extend through two ducts in each block in a manner which provides for longitudinal blinding of the blocks within the mats. Each row of blocks shall be laterally offset by one-half block width from the adjacent row so that any given block is cabled to four other blocks (two in the row above and two the row below). Each block shall also be surrounded by six adjacent blocks. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-17 The gross area of each individual block in direct contact with the protected subgrade shall be approximately 13.0”x 11.6”. Each block shall incorporate interlocking surfaces that prevent lateral displacement of the blocks within the mats when they are lifted by the longitudinal revetment cables. The interlocking surfaces must not protrude beyond the perimeter of the blocks to such an extent that they reduce the flexibility or articulating capability of the articulating concrete mats or become damaged or broken when the mats are lifted during shipment or placement. Once the mats are in place, the interlocking surfaces shall prevent the lateral displacement of the blocks even if the cables should become damaged or removed. The mats must be able to flex a minimum of 25 degrees between any given row or column of blocks in the uplift direction and a minimum of 45 degrees in the downward direction. The cables shall be inserted into the mats in such a manner to form lifting loops at one end of the mat with the corresponding cable ends spliced together to form a lifting loop at the other end of the mat with sleeves approved by the engineer. Certification (Waves): All articulating concrete mats will only be accepted when accompanied by documented hydraulic performance characteristics, derived from tests under controlled wave conditions. Tests must have been conducted and monitored by an institution, public or private, which is experienced in performing wave attack studies on articulating concrete mats or similar hard-armor erosion protection products. The testing institution must have performed a minimum of two such wave studies on hard-armor erosion protection systems. Certification (Open-Channel Flow): Articulating concrete mats will only be accepted when accompanied by documented hydraulic performance characteristics, derived from tests under controlled flow conditions. Test conditions shall conform to U.S. Federal Highway Administration and U.S. Bureau of Reclamation Testing protocol as documented in “Minimizing Embankment Damage During Overtopping Flow”, Report No. FHWA-RD-88-181. (FHWA-RD-89-199 is not acceptable). B. CELLULAR CONCRETE BLOCKS 1. Scope 1.1 This specification covers concrete blocks for erosion control mats used in revetments, storm channels, etc. and for soil stabilization. 2. Materials 2.1 Cementitious Materials – Materials shall conform to the following applicable ASTM specifications: 2.1.1 Portland Cements – Specification C 150, for Portland Cement. 2.1.2. Blended Cements – Specification C 595, for Blended Hydraulic Cements. 2.1.3. Hydrated Lime Types – Specification C 207, For Hydrated Lime Types. 2.1.4. Pozzolans - Specifications C 618, for Fly Ash and Raw or Calcinated Natural Pozzolans for use in Portland Cement Concrete. 2.2 Aggregates shall confirm to the following ASTM specifications, except that grading requirements shall not necessarily apply. 2.2.1. Normal Weight – Specification C 33, for Concrete Aggregates. ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-18 3. Physical Requirements 3.1 At the time of delivery to the work site, the units shall conform to the physical requirements prescribed below. TABLE 1: PHYSICAL REQUIRMENTS Compressive Strength (average of 3 units) • Min. psi = 4000, mpa = 27.6 Water Absorption (Average of 3 units) • Max. lb/ft³ = 10, kg/m³ =160 3.2 Durability. The manufacturer shall satisfy the purchaser by proven field performance that the concrete units have adequate durability even if they are to be subjected to a freeze- thaw environment. 3.3 Sample and test units in accordance with ASTM Methods C 140, Sampling and Testing Concrete Masonry Units. 4. Visual Inspection 4.1 All units shall be sound and free of defects that would interfere with the proper placing of the unit or impair the strength or permanence of the construction Surface cracks incidental to the usual methods of manufacture, or surface chipping resulting from customary methods of handling in shipment and delivery, shall not be deemed grounds for rejection. 4.2 Cracks exceeding 0.25 inches in width and/or 1.0 inch in depth shall be deemed grounds for rejection. 4.3 Chipping resulting in weight loss exceeding 10% of the average weight of the blocks shall be deemed grounds for rejection. 4.4 Blocks rejected prior to delivery from the point of manufacture shall be replaced at the manufacturer’s expense. Blocks rejected at the job site shall be repaired with structural groul at the expense of the contractor. 5. Sampling and Testing 5.1 The purchaser or his authorized representative shall be accorded proper access to the manufacturer to inspect and sample the concrete blocks at the place of manufacturer from lots ready for delivery. 6. Expense of Tests Additional testing, other than that provided by the manufacturer, shall be borne by the purchaser. 7. Manufacturer ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-19 Articulating Concrete Mats shall be ARMORFLEX®, as Manufactured by: ARMORTEC 9025 Centre Pointe Drive, Suite 400 West Chester, OH 45069 (800) 308-0523 The Armorflex® articulating concrete mats shall have one or more of the following nominal characteristics based upon the needs of the owner and as specified by the engineer on the plans. TABLE 2: STANDARD SIZES AND WEIGHTS OF ARMORFLEX® CONCRETE BLOCKS BLOCK WEIGHT BLOCK SIZE (in.) OPEN AREA CLASS TYPE Lbs./Sq.Ft. Length Width Height % 30S Open 32-34 13.0 11.6 4.75 20% 50S Open 46-50 13.0 11.6 6.00 20% 45S Closed 40-53 13.0 11.6 4.75 10% 55S Closed 54-58 13.0 11.6 6.00 10% C. Revetment Cable And Fittings 1. Polyester Revetment Cable and Fittings. Revetment cable shall be constructed of high tenacity, low elongating, and continuous filament polyester fibers. Cable shall consist of a core construction comprised of parallel fibers contained within an outer jacket or cover. The weight of the parallel core shall be between 65% to 70% of the total weight of the cable. The revetment cable shall have the following physical characteristics listed below. Nominal Approx. Ave. Weight/100ft. Cable Diam.-Circum. Strength Lbs. Min. Lbs Max Lbs. ¼” -20mm 3,700 2.47 2.74 5/16” -27mm 7,000 3.99 4.42 3/8” -30mm 10,000 4.75 5.26 ½” -40mm 15,000 8.93 9.90 NOTE: polyester cable shall be determined by the supplier, based on the size of the mats to be placed. Elongation requirements specified below are based upon stabilized new, dry, cable. Stabilization refers to a process in which the cable is cycled fifty (50) times between a load corresponding to 20OD’ and a load equal to 10%, 20% or 30% of the cables approximate average breaking strength. Relevant elongation values are as shown in the table below. The tolerance on the values is % Breaking Strength 10% 20% 30% Permanent Elongation (while working) 0.7 1.8 2.6 Elastic Elongation 0.6 1.4 2.2 Total Stretch 1.3 3.2 4.8 ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-20 The revetment cable shall exhibit good to excellent resistance to most concentrated acids, alkalis, and solvents. Cable shall be impervious to rot, mildew and degradation associated with marine organisms. The materials used in the construction of the cable shall not be affected by continuous immersion in fresh or salt water. Selection of cable and fittings shall be made in a manner that insures a safe design factor for mats being lifted from both ends, thereby forming a catenary. Consideration shall be taken for the bending of the cables around hooks or pins during lifting. Revetment cable splicing fittings shall be selected so that the resultant splice shall provide a minimum of 60% of the minimum rated cable strength. Fittings such as sleeves and stops shall be aluminum and washers shall be galvanized steel unless otherwise shown on the Contract Drawings. D. Anchors If permanent anchoring is required, the cables (polyester) shall be attached to the anchoring system as indicated on the contract drawings. E. Filter Fabric A high strength woven mono-filament filter fabric is to be utilized. The following filter fabric is pre-approved: 1) Mirafi, FW 500 for top layer of geotextile directly under the Armorflex. 2) Armortec 70/20 for top layer of geotextile directly under the Armorflex. 3) Tensar BX1100 or BX1200 bottom layer of geogrid on the subgrade of the lake or riverbed. During all periods of shipment and storage, the filter fabric shall be protected from direct sunlight, ultraviolet rays and temperatures greater than 140 degrees Fahrenheit. To the extent possible, the fabric shall be maintained and wrapped in its protective covering. All costs associated with this item shall be bid on lump sum basis in conformance with the bid proposal form. F. Size of Articulating Concrete Mats The articulating concrete blocks, cables and fittings shall be fabricated at the manufacturer or another approved location into mats with a width of up to eight feet and a length of up to forty (40) feet or approved by the Engineer. PART 3: FOUNDATION PREPARATION, FILTER FABRIC AND MAT PLACEMENT A. Foundation and Preparation General. Areas on which filter fabric and articulating concrete mats are to be placed shall be constructed to the lines and grades shown on the Contract Drawings and to the tolerances specified in the Contract Documents, and approved by the Engineer. Grading. The slope shall be graded to a smooth plane surface to ensure that intimate contact is achieved between the slope face and the filter fabric, and between the filter fabric and the entire bottom surface of the articulating concrete mats. All slope deformities, roots, grade stakes, and stones which project normal to the local slope face must be re-graded or removed. NO holes, “pockmarks”, slope board teeth marks, footprints, or other voids greater than 1.0 inch in depth normal to the local slope face shall be permitted. NO grooves or depressions greater than 0.5 inches in depth normal to the local slope face with a dimension exceeding 1.0 foot in any direction shall be permitted. Where such areas are evident, they shall be brought to grade by placing compacted homogenous material. If poor soils are ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-21 encountered prior to placing homogenous material (aggregate) an additional layer of geotextile is recommended between the poor sub grade and aggregate. The slope and slope face shall be uniformly graded, compacted, and the depth of layers, homogeneity of soil, and amount of compaction shall be as required by the Engineer. Armorflex mats are typically 8’ wide therefore sub grade preparation may be made easier by attaching a flat, rigid bar or beam a minimum of 9’ long to the end of the bucket of the excavator. Excavation and preparation for anchor trenches, side trenches, and toe trenches or aprons shall be done in accordance to the lines, grades and dimensions shown in the Contract Drawings. The anchor trench hinge-point at the top of the slope shall be uniformly graded so that no dips or bumps greater than 1.0 inches over or under the local grade occur. The width of the anchor trench hinge-point shall also be graded uniformly to assure intimate contact between all articulating concrete blocks and the underlying grade at the hinge-point. Inspection. Immediately prior to placing the filter fabric and articulating concrete mats the prepared area shall be inspected by the Engineer, or the owner’s representative. No fabric or blocks shall be placed thereon until that area has been approved by one of these parties. SECTION 719 ALTERNATE BID ITEM NO. 1 719.01 BOAT RAMP This section is added to read as follows: This work is construction of the boat ramp as shown on the plans. Work will include coordination with the Montana Department of Fish, Wildlife and Parks to schedule the start of construction in late fall. The contractor is responsible for obtaining all permits and meeting all water quality requirements during construction. This work shall be bid as a separate item under “Alternate Bid Item ---PAGE BREAK--- City of Missoula Redevelopment Agency Construction Specifications CS-22 (THIS PAGE INTENTIONALLY LEFT BLANK) ---PAGE BREAK--- City of Missoula Redevelopment Agency Proposal for Construction PROPOSAL FOR CONSTRUCTION To: City of Missoula Redevelopment Agency The undersigned bidder, having examined the plans, specifications and other proposed contract documents, the extent, character, and the location of the proposed work, and being cognizant of the location and conditions of the site of the work, and the conditions that might affect the work, hereby proposes to perform all labor and work necessary for the City of Missoula, Montana complete in a workmanlike manner all in accordance with the plans, specifications and other contract documents on file in the office of the City Engineer for the prices quoted in this proposal. The undersigned bidder further agrees that the only persons or parties interested in this proposal are those named herein, that this proposal is in all respects fair and without fraud; that it is made without collusion with any officials or employees of the City of Missoula, and that the Proposal is made without any connection or collusion with any person making another Proposal on this contract. The undersigned bidder further agrees to furnish the required surety bonds and to enter into contract for the work awarded within ten (10) consecutive calendar days from the date of receipt of written Notice of Award given by the City Engineer. The successful bidder must furnish written proof of all required bonds, Worker's Compensation and other insurance to the attorney for the Owner prior to the signing of the contract by the Owner. Enclosed herewith is a as a proposal guarantee, in the amount of Ten Percent (or) DOLLARS, which the undersigned agrees is to be forfeited to and become the property of the City of Missoula as liquidated damages, should this proposal be accepted and the contract awarded to him and he fail to enter into a contract in the form prescribed and to furnish the required surety bonds within ten days as above stipulated; but otherwise the proposal guarantee shall be returned to the undersigned upon signing of the contract and delivery of the approved surety bonds to the City of Missoula, Montana. Bidder agrees in submitting this bid that the bid prices will remain subject to acceptance for forty-five (45) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. In submitting this bid it is understood that the right is reserved by the Owner to reject any and all bids, and it is agreed that this bid may not be withdrawn during a period of forty-five (45) days after the scheduled time for receipts of bids. The Total Base Bid, plus or minus any Alternate Bids awarded, shall be the basis for establishing the amount of the Performance Bond on this Contract. The Total Base Bid (plus or minus Alternate Bids awarded) is based on the plans where specific quantities are not itemized, and is subject to additions or reductions according to the actual construction quantities and measurements of the finished construction P-1 ---PAGE BREAK--- City of Missoula Redevelopment Agency Proposal for Construction as determined by the Engineer upon completion of construction. The undersigned has carefully checked the above bid schedule quantities against the plans and specifications before preparing this proposal and accepts the said quantities as substantially correct both as to classification and amount, and as correctly listing the complete work to be done in accordance with the Plans and Specifications. The undersigned agrees that, if awarded the contract, he will commence work within ten calendar days after the date of receipt of written Notice to Proceed and that he will complete the work within THIRTY (30) calendar days. The first chargeable day is the date following the date specified to start in the Notice to Proceed. Per Missoula Municipal Code Chapter 12.08.030.B, all concrete curb, sidewalk and asphalt work performed under this contract proposal shall be warranted against faulty materials or workmanship for a period of two years. Per Missoula Municipal Code Chapter 12.24.090.F excavation backfill shall be warranted against settlement for a period of two years. All other work performed under this contract proposal has a one year warranty, from the date the City of Missoula accepts the completed project. The undersigned certifies that: He has examined the site of the work. He understands the manner of payment for the cost of the project. He has received and duly considered the following Addenda to the specifications and the following revisions or additions to the plans. Addenda: No. Dated Addenda: No. Dated Addenda: No. Dated Addenda: No. Dated Plan Revision Sheets: Nos. P-2 ---PAGE BREAK--- City of Missoula Redevelopment Agency Proposal for Construction BID PROPOSAL FOR SILVER PARK PHASE II – PARKING LOT ITEM WORK DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 1. Mobilization 1 LS $ $ 2. Clearing & Grubbing MSDOT 201; Amendments 1 LS 3. Plant Mix Pavement– 4” MSDOT 401,402 & 702 1825 TONS 4. Prepare Sub Base MSDOT 701 1 LS 5. 6” Compacted Subgrade MSDOT 204 1321 CY 6. 12”-3/4” minus Base Coarse MSDOT 701 2642 CY 7. Sawcut Asphalt MSDOT 202; Amendments 26 EA 8. Concrete Inlet MSDOT 604 12 EA 9. Pavement Marking MSDOT 620 3306 LF 10. Excavation and Embankment MSDOT 203 560 CY 11. 10” Storm Pipe MSDOT 603; Amendments 349 LF 12. 12” Storm Pipe MSDOT 603; Amendments 332 LF 13. 15” Storm Pipe MSDOT 603; Amendments 290 LF 14. 18” Storm Pipe MSDOT 603; Amendments 115 LF 15. Oil & Sand Interceptor MSDOT 208,603,604 1 EA P-3 ---PAGE BREAK--- City of Missoula Redevelopment Agency Proposal for Construction Item Work Description Estimated Quantity Unit Unit Price Total Price 16. Class 150 4” PVC Irrig. Sleeving ; MSDOT 708 289 LF 17. 3/4 “ Conduit MSDOT 616 99 LF 18. Compaction Testing MSDOT 203; Amendments 1 LS 19. 4” Water line MSDOT 708; Special Prov. 150 LF 20. 4” Water Meter Special Provisions 1 EA 21. Valves Special Provisions 1 EA 22. Water Main Connection Special Provisions 1 LS 23. End Caps Special Provisions 1 EA 24. Retaining Walls MSDOT 614; Special Prov. 1050 SF (Face) 25. Waste Container Enclosure MSDOT 551,555,607,612,717 1 EA 26. 8’ High Chain Link Fence MSDOT 607, 712 120 LF 27. 6” Sch. 40 PVC Pipe MSDOT 708 340 LF $ 28. Methane Abatement System 1 LS $ $ 29. Bentonite Plug 1 LS SUBTOTAL BASE BID $ P-4 ---PAGE BREAK--- City of Missoula Redevelopment Agency Proposal for Construction ALTERNATE BID ITEM NO. 1 BID SCHEDULE ITEM WORK DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 1. Rock Rip Rap MSDOT 613 1905 CY 2. Concrete Slab (Boat Ramp) MSDOT 501,551,552 1 EA 3. Armorflex Class 50 Articulated Concrete Cable Special Provisions 718 1 EA SUBTOTAL ALTERNATE BID ITEM NO. 1 $ TOTAL BASE BID & ALTERNATE BID ITEM NO. 1 $ Note: Discrepancies in mathematical computations will be resolved based on unit prices. P-5 ---PAGE BREAK--- City of Missoula Redevelopment Agency Proposal for Construction P-6 The undersigned agrees that upon written acceptance of this bid, he will, within ten (10) days after receipt of such notice, execute a formal contract agreement with the City of Missoula in the form attached hereto, and that he will provide acceptable surety bonds for Performance and Payment. In case of default in execution of the contract or in delivery of acceptable bonds, the proposal guarantee accompanying this Proposal shall be forfeited to, and remain the property of, the City of Missoula, Montana. (NOTE: Bidders should not add any conditions or qualifying statements to this bid or otherwise the bid may be declared irregular as being not responsive to the Advertisement/Invitation to Bid.) In submitting this bid, it is understood that the City of Missoula reserves the right to reject any and all bids, to delete certain items, and to postpone award for a reasonable time. Dated at this day of , 2009. (city) Name of Firm State of Incorporation (if applicable) Business Address Signature of Responsible Official Title Name of Partner Name of Partner Montana Contractor's Registration No. and Class Federal Employer Identification Number (FEIN) ---PAGE BREAK--- City of Missoula Redevelopment Agency Bid Bond BID BOND BIDDER Name and Address BIDDER Name and Address: SURETY Name and Address: OWNER Name and Address: City of Missoula 435 Ryman Street Missoula MT 59802 BID DUE DATE: PROJECT Description: BOND NUMBER: BOND DATE (Not later than BID DUE DATE) PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title BB-1 ---PAGE BREAK--- City of Missoula Redevelopment Agency Bid Bond 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 OWNER accepts Bidders’ Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2 All Bids are rejected by OWNER, or 3.3 OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Montana. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond the bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, Offer or Proposal, as applicable. BB-2 ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Agreement Contract Agreement C O N T R A C T A G R E E M E N T (Including all Contract Documents Made a Part Hereof by Reference) THIS CONTRACT AGREEMENT, made and entered into this day of , 2009 by and between the City of Missoula Redevelopment Agency, Party of the First Part and hereinafter called the "OWNER" and , a CORPORATION , Party of the Second Part, hereinafter called the "CONTRACTOR." WITNESSETH: Whereas, the OWNER has caused to be prepared, in accordance with law, specifications, plans and other documents and instruments herein referred to and for brevity called "Contract Documents," for construction of Silver Park Phase II – Parking Lot in Missoula, Montana and the OWNER has approved and adopted said Contract Documents, and has caused to be published in the manner and for the time required by law, an advertisement inviting sealed proposals for furnishing labor, equipment, and materials, as described in and required by such Contract Documents for completion of said Silver Park Phase II – Parking Lot in Missoula, Montana. CONTRACTOR, in response to the said advertisement/invitation has submitted to the OWNER in the manner and at the time specified its sealed proposal in accordance with the terms of said advertisement/invitation and this Contract Agreement; and OWNER, in the manner prescribed by law, has publicly examined and canvassed all of the proposals submitted in response to such advertisement and as a result of such canvas has determined and declared , herein called CONTRACTOR, to be the lowest and best bidder for the construction of said Silver Park Phase II – Parking Lot in Missoula, Montana, and has duly awarded to the said Contractor, Contract Agreement herein, for the sum or sums named in its proposal by reference herein made a part of such Contract Agreement, and the said Contract Agreement being evidenced by this writing and all of the said contract documents, hereinafter enumerated and identified, and by this reference made a part hereof: NOW, THEREFORE, for and in consideration of the full and faithful performance by the Contractor of all of its obligations hereunder, and of the compensation to be paid by the OWNER to the CONTRACTOR as in this contract agreement contained and of the mutual agreements and covenants from each to the other the OWNER for itself, and its successors and assigns, and the Contractor for itself, its successors and assigns, hereby firmly agree and mutually undertake and promise each to the other, as follows: C-1 ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Agreement Contract Agreement ARTICLE I CONTRACTOR will furnish, at its own expense, all labor, all tools, all equipment and all materials required by OWNER and wholly complete in a good, first-class, and workmanlike manner the entire installation and construction of Silver Park Phase II – Parking Lot in Missoula, Montana, as shown on the plans and as specified in the said specifications, and he shall also guarantee all materials and workmanship against defects, as specified under the General Conditions of the said specifications; also, such specified appurtenant works as designated, described, and required by the said plans, specifications, and proposal. All in accordance with the said Plans and Specifications, advertisements/invitation, instructions to bidders, proposal from CONTRACTOR herein, and all other contract documents on file in the office of the OWNER, the City of Missoula, Montana, all of which contract documents are hereby referred to, and by this reference made a part of this contract between the parties hereto, and are as fully a part of this agreement, and of the whole contract herein between the parties hereto as if recited at length herein, all work to be done to the satisfaction of the Engineer for the OWNER in accordance with the Contract and the laws of the State of Montana. ARTICLE II CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents and the contractor will accept in full compensation of said Silver Park Phase II – Parking Lot the sum of Where Unit Prices are listed in the Bid Proposal the Owner shall pay an amount equal to the sum of the established Unit Price for each separately identified item of Unit Price times the quantity of that item that is constructed and accepted. Estimated quantities used for bidding purposes are not guaranteed, and determinations of actual quantities will be in accordance with the Measurement and Payment descriptions for each item. ARTICLE III CONTRACT TIME AND LIQUIDATED DAMAGES. A. CONTRACTOR will commence work within (10) calendar days after the date specified in the written notice to commence work given to him by the Engineer, authorizing and directing construction work to start and CONTRACTOR will fully complete all of the work contemplated by the Contract within THIRTY (30) calendar days of the date specified in the Notice to Proceed. B. OWNER and CONTRACTOR recognize that time is of the essence of this Contract and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph III.A above, plus any extensions thereof allowed in accordance with Article 2.5.07 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed 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 ZERO dollars for each day that expired after the time specified in paragraph III.A for substantial completion until the Work is substantially complete. C-2 ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Agreement Contract Agreement ARTICLE IV The parties hereto agree that this Contract Agreement for the completion of the project herein referred to is evidenced by the following contract documents: This writing, entitled "Contract Agreement" (Including all Contract Documents made Part Hereof by Reference); and Advertisement/Invitation to Bid Instructions to Bidders Contract Payment Bond and Performance Bond Bid Proposal Construction Specifications Montana Prevailing Wage Rate Project Special Conditions General Conditions (10) Certificates of Insurance (11) Powers of Attorney (12) Notice of Award (13) Notice to Proceed (14) Detail Drawings (15) Plan Sheets Nos. 1 to 6 , inclusive (16) Addenda (list of any issued) and OWNER and CONTRACTOR each acknowledged delivery to it, concurrently with the execution of this Contract Agreement of a full, true, complete and identical counterpart of each such Contract Documents. Any further or additional contract documents (if any) shall be identified by the signature of both parties hereto, and made a part hereof by clear, written reference appended hereto. IN WITNESS WHEREOF, the City of Missoula Redevelopment Agency, Montana, OWNER, has caused this contract agreement to be executed, attested by its Clerk, under the seal of said corporation hereon impressed, said officers being hereto specifically authorized and empowered and the said CONTRACTOR has hereunto caused its corporate name to be subscribed by its and attested by its secretary, and its corporate seal to be hereon impressed; this contract agreement being executed in three counterparts, each of identical force and effect, and each party hereto acknowledged delivery of it or one of said fully executed counterparts, on the day and year first above written. C-3 ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Agreement BIDDER (Name of Firm or Individual) (type or print) Business Address By: Authorized Agent (Signature in Ink) Title: STATE OF MONTANA ) )ss County of Missoula ) On this day of 2009, before me the undersigned, a Notary Public for the State of Montana, personally appeared known to me personally (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. (Seal) (Signature) (Print Name) Notary Public for the State of Montana Residing at Montana My commission expires C-4 ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Agreement Contract Agreement CITY OF MISSOULA REDEVELOPMENT AGENCY By: Hal Fraser, Chairman STATE OF MONTANA ) )ss County of Missoula ) On this day of 2009, before me the undersigned, a Notary Public for the State of Montana, personally appeared HAL FRASER, MRA Board Chariman, known to me personally (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. (Seal) (Signature) (Print Name) Notary Public for the State of Montana Residing at Montana My commission expires ATTEST: By: Ellen Buchanan, MRA Director STATE OF MONTANA ) )ss County of Missoula ) On this day of 2009, before me the undersigned, a Notary Public for the State of Montana, personally appeared ELLEN BUCHANAN, MRA Director, known to me personally (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. C-5 ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Agreement C-6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. (Seal) (Signature) (Print Name) Notary Public for the State of Montana Residing at Montana My commission expires The foregoing Contract, including all contract documents which are a part thereof, is in due form and content, according to law, and is hereby approved. Attorney for the City of Missoula ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Bonds Contract Bonds CONTRACT BONDS PERFORMANCE BOND Bond Number: KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned contractor, as PRINCIPAL, and , a corporation organized and existing under the laws of the State of , as SURETY, are firmly bound unto the Owner, the City of Missoula, Montana, in the penal sum of ) lawful money of the United States, for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents, as follows: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the said Principal, by a written agreement attached hereto and bearing the date of , contract for Project has agreed with the said Owner, The City of Missoula, Montana, to furnish all tools, equipment, materials, appliances, except as otherwise provided, and construct and complete the construction of the work described in the proposal and the contract agreement, and to complete all specified work appurtenant thereto, all in accordance with the plans and specifications, proposal, and contract agreement which form a part of the Contract Documents hereto attached. NOW, THEREFORE, if the said Principal shall well and truly perform and complete said work in strict accordance with said Contract Documents, shall comply with all the requirements of the laws of the State of Montana, shall pay as they become due all just claims for work or labor performed and materials furnished in connection with said Contract Agreement, and shall defend, indemnify and save harmless said Obligee against any and all liens, encumbrances, damages, claims, demands, expenses, costs and charges of every kind, including patent infringement claims, arising out of or in relation to the performance of said work and the provisions of said Agreement, then these present shall be void; otherwise they shall remain in full force and effect. CB-1 ---PAGE BREAK--- City of Missoula Redevelopment Agency PROVIDED FURTHER, that the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or attrition to the terms of the Contract, or the work to be performed there under; or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the Contract or to the work, or to the Specifications. PROVIDED FURTHER, that if the Contractor, or his, their, or its subcontractor or subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the sum specified in the bond, together with interest provided by law. IN WITNESS WHEREOF, said Principal and Surety have hereunto set their hands and seals at this day of , 200 . CONTRACTOR AS PRINCIPAL Company: Address Signature: Name and Title: ATTEST: Signature, Name and Title (Seal) SURETY Company: Address: Signature: Name and Title: ATTEST: Signature, Name and Title (Surety Seal) (Attach Power of Attorney) (Seal) CB-2 ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Bonds PAYMENT BOND Bond Number: Note: This bond is issued simultaneously with another bond in favor of the Owner conditioned for the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: That (Insert the name and address or legal title of the Contractor) as Principal, hereinafter called PRINCIPAL, and (Insert the legal title of Surety) as Surety, hereinafter called SURETY, are held and firmly bound unto the City of Missoula, Montana as obligee, hereinafter called OWNER, for the use and benefit of claimants as herein below defined in the amount of ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by a written agreement dated entered into a contract for Project with Owner The City of Missoula, Montana for the work included in this contract in accordance with drawings and specifications approved by City of Missoula, Missoula, Montana, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall make payments to all claimants as hereinafter defined, for all labor and materials used or reasonably required for use in the performance of the Contract, and any duly authorized modifications that may hereafter be made, except that no change will be made which increases the total contract price without notice to the Surety, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract; labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor CB-3 ---PAGE BREAK--- City of Missoula Redevelopment Agency Contract Bonds was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant in the name of the Owner, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon, provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant. Unless claimant shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner, or Surety, at any place where an office is regularly maintained for the transaction of business, or served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. After the expiration of one year following the date on which the Principal ceased work on said contract. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. Special exceptions: 5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payments by Surety of mechanic's liens that may be filed on record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. CB-4 ---PAGE BREAK--- City of Missoula Redevelopment Agency IN WITNESS WHEREOF, said Principal and Surety have hereunto set their hands and seals at this day of , 200 . CONTRACTOR AS PRINCIPAL Company: Address: Signature: Name and Title: ATTEST: Signature, Name and Title (Seal) Contract Bonds SURETY Company: Address: Signature: Name and Title: ATTEST: Signature, Name and Title (Surety Seal) (Attach Power of Attorney) (Seal) CB-5 ---PAGE BREAK--- City of Missoula Redevelopment Agency CB-6 (THIS PAGE INTENTIONALLY LEFT BLANK) ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions GENERAL CONDITIONS OF THE CONTRACT CONTRACT DOCUMENTS SECTION 2.1 2.1.01 GENERAL. The Contract Documents comprise the following general classifications of documents, including all additions, deletions and modifications incorporated therein before the execution of the Agreement: A. Bidding Documents B. Contractual Documents C. General Conditions of the Contract D. Project Special Conditions E. Construction Specifications and Drawings 2.1.02 BIDDING DOCUMENTS are issued by the Owner to assist bidders in preparing their proposals include: A. Advertisement/Invitation to Bid/Invitation for Quotation Proposal B. Instructions to Bidders C. Proposal: The offer of a Bidder to perform the work described by the Contract Documents made out and submitted on the prescribed Proposal Form, properly signed and guaranteed. D. Proposal Guarantee: A cashier's check, certified check, bank money order or bank draft drawn and issued by a national banking association located in the State of Montana or any banking corporation incorporated in the State of Montana, or a bid bond or bonds executed by a surety corporation authorized to do business in the State of Montana shall accompany the Proposal submitted by the Bidder, as a guarantee that the Bidder will enter into an Agreement with the City of Missoula for construction of the work, if the contract is awarded to him. E. Addenda to Contract Document: Any addenda issued during the time of bidding, or forming a part of the Contract Document loaned to the Bidder for the preparation of his Proposal, shall be covered in the proposal, and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Proposal. 2.1.03 CONTRACTUAL DOCUMENTS. A. Agreement covers the performance of the work described in the Contract Documents including all supplemental addenda thereto and all general and special provisions pertaining to the work or materials therefore. B. Bond: The Contractor shall, at the time of his execution of the Agreement, furnish bonds in a form prescribed by the Owner and with a Surety Company authorized to do business in the State where the work is located as follows: 1. Performance Bond in an amount equal to 100% of the Contract Amount as a guarantee of good faith on the part of the Contractor to execute the work in accordance with the terms of the Contract. 2. Labor and Material Payment Bond in an amount equal to 100% of the Contract Amount as a guarantee of good faith on the part of the Contractor to make all payments for labor and material in connection with the Contract. 2.1.04 GENERAL CONDITIONS OF THE CONTRACT outline certain general responsibilities of the City of Missoula, hereafter called the "Owner" and the Contractor and also responsibilities delegated by the Owner to the Engineer who may act as the agent of the Owner. References to “Engineer” throughout the contract documents refers generally to the Owner or its representative unless specific reference is elsewhere provided for a professional engineer contracted by the City of Missoula to consult on the project. GC-1 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions A. Modifications of the General Conditions may be included so that these General Conditions may be exactly tailored to the specific project. Modifications shall be listed in the Project Special Conditions or Project Special Provisions and become a part of these contract documents. 2.1.05 PROJECT SPECIAL CONDITIONS or PROJECT SPECIAL PROVISIONS are conditions and provisions not included in the General Conditions of the Contract or modifications to the General Conditions which apply to this specific project. 2.1.06 DRAWINGS AND SPECIFICATIONS. The intent of the Drawings and Specifications is that the Contractor shall furnish all labor, materials, equipment and transportation necessary for the proper execution of the work, unless specifically noted otherwise. The Contractor shall do all the work outlined in the Contract Documents and all incidental work necessary to complete the project in a substantial and acceptable manner, and fully complete the work or improvement, ready for use, occupancy and operation by the Owner. A. Discrepancies: Any discrepancies found between the Drawings and Specifications and site conditions or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the Owner or Engineer, who shall correct such inconsistencies or ambiguities in writing. Any work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. B. Adequacy: Responsibility for adequacy of the design and for the Drawings and Specifications shall be borne by the owner. The complete requirements of the work to be performed under the Contract shall be set forth in Drawings and Specifications to be supplied by the Owner or by the Engineer as representative of the Owner. The Drawings and Specifications shall be considered inseparable documents and in considering them the Contractor shall rely upon both instruments in order to perform the work in accordance with their combined intent. C. Additional Instructions: Further instructions may be issued by the Engineer during the progress of the work by means of Drawings, or otherwise to make more clear or specific the Drawings and Specifications or as may be necessary to explain or illustrate changes in the work to be done. D. Copies Furnished to Contractor: Except as provided for otherwise, all required copies of Drawings and Specifications necessary for the execution of the work shall be furnished to the Contractor without charge. E. Dimensions: Only figured dimensions on the Drawings will be used by the Contractor. Where the work of the Contractor is affected by finish dimensions, these shall be determined by the Contractor at the site, and he shall assume the responsibility therefore. GC-2 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions RIGHTS AND RESPONSIBILITIES SECTION 2.2 2.2.01 OWNER'S RIGHTS AND RESPONSIBILITIES. A. Lands by Owner: The Owner will provide the lands shown on the Drawings or described in the Specifications upon which the work under the Contract is to be performed and to be used for right- of-way for access. B. Base Lines and Bench Marks: Unless otherwise specified, the Owner will establish base lines necessary for the location of the principal component parts of the work together with a suitable number of bench marks adjacent to the work. C. Owner's Right to Correct Deficiencies: upon failure to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five days' written notice to the Contractor, the Owner, may without prejudice to any other remedy he may have, correct such deficiencies in work intended to become a permanent part of the project. D. Suspension of Work by Engineer: The Engineer shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary due to unsuitable weather or such other conditions as are considered unfavorable to carry out the provisions of the Contract, or to supply materials meeting the requirements of the Contract Documents. 1. Notice: The work or any portion thereof may be suspended at any time by the Owner or Engineer provided that he gives the Contractor written notice of suspension which shall set forth the date on which work is to be resumed. The Contractor shall resume the work upon written notice from the Owner or Engineer and within ten days after the date set forth in the notice of suspension. E. Owner's Right to Terminate Agreement and Complete the Work: The Owner shall have the right to terminate his agreement with the Contractor after giving ten day's written notice of termination to the Contractor in the event of any default by the Contractor. 1. Default by Contractor: It shall be considered a default by the Contractor whenever he shall: a. Declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors. b. Disregard or violate provisions of the Contract Documents or fail to prosecute the work according to the agreed Schedule of Completion, including extensions thereof. c. Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore. 2. Completion by the Owner: In the event of termination of the Agreement by the Owner because of default by the Contractor, the Owner may take possession of the work and of all materials and equipment thereon and may finish the work by whatever method and means he may select. 2.2.02 CONTRACTOR'S RIGHTS AND RESPONSIBILITIES. All work shall be done in strict accordance with the Contract Documents. Observations, construction review, tests, recommendations or approvals by the Owner or Engineer or persons other than the Contractor, shall in no way relieve the Contractor of his obligation to complete all work in accordance with the Contract Documents. All work shall be done under the direct supervision of the Contractor. The Contractor shall be responsible for construction means, methods, techniques and procedures, and for providing a safe place for the performance of the work by the Contractor, Subcontractors, suppliers and their employees and for access, use, work or occupancy by all authorized persons. GC-3 A. Lands by Contractor: Any land or access thereto not specifically shown to be furnished by the Owner that may be required for temporary construction facilities or for storage of materials shall be ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions provided by the Contractor with no liability to the Owner. The Contractor shall confine his apparatus and storage to such additional areas as he may provide at his expense. 1. Private and Public Property: The Contractor shall not enter upon private property for any purpose without obtaining permission, and he shall be responsible for the preservation of all public property, trees, monuments, structures and improvements, along and adjacent to the street and/or right-of-way, and shall use ever precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits, and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. B. Surveys: Based upon the information provided by the Owner or Engineer, the Contractor shall observe and develop project per survey stakes. The Contractor shall carefully preserve bench marks, reference points and stakes, and, in the case of destruction thereof by the Contractor or resulting from his negligence, the Contractor shall be charged with the expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the loss or disturbance of such bench marks, reference points and stakes. C. Public Utilities: The elevation and location of all public utilities shown on the Drawings were taken from existing public records. It shall be the duty of the Contractor to make final and exact determination of the location and extent of all utilities and he will be liable for any expense resulting from damage to them. It will be the contractor’s responsibility to contact Montana Rail Link Railroad when working near the railroad tracks and obtain any necessary clearances or permits. D. Superintendent: A qualified superintendent, who is acceptable to the Owner, shall be maintained on the work site and give efficient supervision to the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all instruction given to the superintendent shall be considered as given to the Contractor. It shall be the responsibility of this Contractor's superintendent to coordinate the work of all the Subcontractor's. The superintendent shall be present on the site at all time. E. Subcontracts: At the time set forth in the Contract Documents or when requested by the Owner or Engineer, the Contractor shall submit in writing for review of the Owner or Engineer the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the approval of the Engineer. The Contractor is responsible to the Owner or Engineer for the acts and deficiencies of his Subcontractors, and of their direct and indirect employees, to the same extent as he is responsible for the acts and deficiencies of his employees. The Contract Documents shall not be construed as creating any contractual relation between any Subcontractor and the Owner. The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 1. For the convenience of reference and to facilitate the letting of Contracts and Subcontracts, the Specifications are separated into titled sections. Such separation shall not, however, operate to make the Owner or the Engineer an arbiter to establish limits to the contracts between the Contractor and Subcontractor. F. Contractor's Right to Suspend Work or Terminate Agreement: Contractor may suspend work or terminate his Agreement with the Owner upon ten days' written notice to the Owner for any of the following reasons: 1. If an order of any court or other public authority caused the work to be stopped or suspended for a period of ninety days through no act or fault of the Contractor or his employees. 2. If the Owner should fail to act upon any request for payment within thirty days after it is present in accordance with the General Conditions of the Contract. 3. If the owner should fail to pay the Contractor any sum within thirty days after its award by arbitrators. GC-4 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions G. Work During an Emergency: The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. 2.2.03 RESPONSIBILITY OF THE OWNER OR ENGINEER. The Owner or Engineer shall decide questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of work, interpretation of Drawings and Specifications and all questions as to the acceptable fulfillment of the Agreement on the part of the Contractor. A. Observation of the Work: All materials and each part or detail of the work shall be subject at all times to the observation by the Owner, Engineer or their authorized agents, and the Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and the diligent execution of the Contract. Observations may be made at the site or at the source of material supply, whether mill, plant or shop. The Engineer and Construction Inspector shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make his observations and construction review. B. Acceptability of Work: The Owner's or Engineer's decision as to the acceptability or adequacy of the work shall be final and binding upon the Contractor. The Contractor agrees to abide by the Owner's or Engineer's decision relative to the performance of the work. C. Engineer's Decisions: All claims of the Owner or the Contractor may/shall be presented to the Engineer for decision which shall be final except in cases where time and/or financial considerations are involved, which shall be subject to arbitration. 2.2.04 ORAL AGREEMENTS. No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any action whatsoever, other than by a definitely agreed waiver or modification thereof in writing. 2.2.05 OBSERVATION OF COMPLETED WORK. The Contractor shall remove or uncover such portions of the completed work as may be directed by the Owner or Engineer at any time before acceptance of the work. After examination, the Contractor shall restore the work to the standard required by the Contract Documents. Should the work thus exposed or examined prove acceptable, the uncovering and the restoring of the work shall be paid for as Extra Work but, should the work exposed or examined prove unacceptable, the uncovering, removing and restoring of the work shall be at the Contractor's expense. 2.2.06 WORK BY OWNER OR OTHER CONTRACTORS. A. Separate Contracts: The Owner may let other contracts in connection with the work of the Contractor. The Contractor shall cooperate with other contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting his work and to report to the Owner any irregularities which will not permit him to complete his work in a satisfactory manner. His failure to notify the Owner of such irregularities shall indicate the work of the other contractors has been satisfactorily complete to receive his work. The Contractor shall not be responsible for defects of which he could not have known, which develop in the work of others after the work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Owner immediately any difference between completed work by others and the provisions of the Contract Documents. B. Written Agreement: Whenever work being done by the Owner through his own employees or through other contractors is contiguous to work covered by the Contract Documents, the respective rights of the various interests involved shall be established by written agreement to secure the completion of the various portions of the work in general harmony. GC-5 ---PAGE BREAK--- City of Missoula Redevelopment Agency GC-6 2.2.07 ARBITRATION. Should there be any dispute or any questioned decision of the Owner or Engineer, which is subject to arbitration, it shall be submitted to arbitration upon demand by either party of the dispute. The Contractor shall not delay the work because arbitration proceedings are pending unless he shall have written permission from the Owner or Engineer to do so and such delay shall not extend beyond the time when the arbitrators shall have the opportunity to determine whether the work shall continue or be suspended pending decision by the arbitrators of such a dispute. Any demand for arbitration shall be in writing and shall be delivered to the Owner or Engineer and the adverse party by registered mail addressed to the last known address of each, within ten days of receipt of the Owner's or Engineer's decision, and in no event after final payment has been made and accepted. Should the Engineer fail within a reasonable period to make a decision regarding a claim of the owner or Contractor, a demand for arbitration may then be made as if the Engineer's decision has been rendered against the party demanding arbitration. A. Arbitrators: No one shall be qualified to act as arbitrator who has, directly or indirectly, any financial interest in the Contract or who has any business or family relationship with the Owner, the Contractor or the Engineer. Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration. B. Procedure: Arbitration shall be in accordance with the procedure and standards of the American Arbitration Association. C. Controlling Law: This contract is to be governed by the law of the State of Montana. The District court of the Fourth Judicial District of the State of Montana shall have jurisdiction in all cases of arbitration. ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions MATERIALS, EQUIPMENT AND WORKMANSHIP SECTION 2.3 2.3.01 MATERIALS AND EQUIPMENT. The materials and equipment installed in the work shall meet the requirements of the Contract Documents and no materials or equipment shall be ordered until reviewed by the Engineer. All materials and equipment not otherwise specifically indicated shall be furnished by the Contractor. The Contractor shall guarantee all materials and equipment he provides in accordance with Paragraph 2.3.08. A. Substitutions: In order to establish standards of quality, the Owner or Engineer has, in the detailed Specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. 1. The Contractor shall furnish the complete list of proposed desired substitutions prior to signing of the Contract, together with such engineering and catalog data as the Owner or Engineer may require. 2. The Contractor shall abide by the Engineer's recommendation when proposed substitute materials or items of equipment are not recommended for installation and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material suppliers. The Owner or Engineer will review proposed substitutions and make his recommendations in writing within a period of ten calendar days. B. Space Requirements: It shall be the responsibility of the Contractor to insure that materials and equipment to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes, and shapes of equipment that the final installation shall suit the true intent and meaning of the Contract Documents. C. Arrangement: Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Contract Documents, and to make all changes in work required by such arrangement. D. Unacceptable Materials and Equipment: Materials and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples reviewed by the Owner or Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall not be furnished nor installed. E. Storage: Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the owner or lessee. F. Manufacturer's Directions: Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 2.3.02 SAMPLES. All samples called for in the Specifications or required by the Owner or Engineer shall be furnished by the Contractor and shall be submitted to the Owner or Engineer for his review. Samples shall be furnished so as not to delay fabrication, allowing the Owner or Engineer reasonable time for the consideration of the samples submitted. A. Samples for Tests: The Contractor shall furnish such samples of materials as may be required for examination and test. All samples of materials for tests shall be taken according to standard methods or as provided in the Technical Specifications. GC-7 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions B. Contractor's Guaranty: All samples shall be submitted by the Contractor with a covering letter indicating that such samples are recommended by the Contractor for the service intended and that the Contractor's Guaranty will fully apply. C. All materials, equipment and workmanship shall be of accordance with samples guaranteed by the Contractor and reviewed by the Owner or Engineer. 2.3.03 SHOP DRAWINGS. The Contractor shall provide shop drawings, setting schedules and such other drawings as may be necessary for the prosecution of the work in the shop and in the field as required by the Drawings, Specifications or the Owner's or Engineer's instructions. Deviations from the drawings and Specifications shall be called to the attention of the Owner or Engineer at the time of the first submission of shop drawings and other drawings for consideration. The Owner's or Engineer's review of any drawings shall not release the Contractor from responsibility for such deviations. Shop drawings shall be submitted according to a schedule prepared jointly by the Contractor and the Owner or Engineer. A. Contractor's Certifications: When submitted for the Owner's or Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings, that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents, and that he has verified all field measurements and construction criteria, materials, catalog numbers and similar date. Contractor shall also certify that the work represented by the shop drawings is recommended by the Contractor and the Contractor's Guaranty will fully apply. 2.3.04 EQUIPMENT DATA. The Contractor shall submit for the Owner's or Engineer's review complete catalog data for every manufactured item of equipment and all components to be used in the work, including specific performance data, material description, rating, capacity, working pressure, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and reviewed by the Owner or Engineer before any of the equipment is ordered. A. Index: Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. B. Relation to Contract Documents: Catalog data for equipment reviewed by the Owner or Engineer shall not supersede the Owner's or Engineer's Contractor Documents. The review of the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submissions, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Engineer's Contractor Documents for deviations and errors. C. Contractor's Certification: Equipment data shall be submitted by the Contractor with a covering letter indicating that he has reviewed, checked and approved the data submitted, that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and that he has verified all field measurements and construction criteria, material, catalog numbers and similar data. Contractor shall also certify that the work represented by the shop drawings is recommended by the Contractor and that his Guaranty will fully apply. 2.3.05 REJECTED WORK AND MATERIALS. Any defective work whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause shall be removed within ten days after written notice is given by the Owner or Engineer, and the work shall be re-executed by the Contractor. The fact that the Owner or Engineer may have previously overlooked such defective work shall not constitute an acceptance of any part of it. A. Should the Contractor fail to remove rejected work or materials within ten days after written notice to do so, the Owner may remove them and may store the materials. B. Correction of faulty work after final payment shall be in accordance with Paragraph 2.5.13 GC-8 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions 2.3.06 CUTTING AND PATCHING. The Contractor shall do all necessary cutting and patching of the work that may be required to properly receive the work of the various trades or as required by the Drawings and the Specifications to the various trades or as required by the Drawings and Specifications to complete the structure. Contractor shall restore all such cut or patched work as approved by the Owner or Engineer. Cutting of existing structure that may endanger the work, adjacent property, workmen or the public shall not be done. 2.3.07 CHARACTER OF WORKMEN. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any Subcontractor or persons employed by Subcontractors. All workmen must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or Subcontractor who does not perform his work in a skillful manner or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the Owner or Engineer, be discharged immediately and shall not be employed again in any portion of the work without the approval of the Owner or Engineer. 2.3.08 GUARANTY. The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one year from the date of written acceptance of the work, except that any damage caused by settlement of trench excavation backfill, any defective pipe installed which causes said settlement, or any concrete curb and sidewalk, shall be guaranteed for a period of two years. A. The performance bond shall remain in full force and effect during the guaranty period. B. Correction of faulty work after final payment shall be as provided in Paragraph 2.5.13. GC-9 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions INSURANCE, LEGAL RESPONSIBILITY AND SAFETY SECTION 2.4 2.4.01 TYPES OF INSURANCE. The Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed, and as will protect the Contractor, the vicarious acts of subcontractors, the Owner, the Architect and Engineer, and the respective directors, officers, partners, agents, employees and other consultants and subcontractors of each and any of all such additional insureds from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the work, or by anyone for whose acts any of them may be liable: A. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; B. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; C. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; D. claims for damages insured by usually available personal injury liability coverage; E. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; F. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle; G. claims for bodily injury or property damage arising out of completed operations, and H. claims involving contractual liability insurance applicable to the Contractor’s Indemnification obligations under Paragraph 2.4.06 of the General Conditions. 2.4.02 TERMS AND LIMITS. Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall obtain and maintain all required insurance from companies lawfully authorized to do business in the State of Montana with minimum “A.M. Best Rating” of A-,VI. A. ADDITIONAL NAMED INSURED. With respect to insurance required by subparagraphs 2.4.01.A through 2.4.01.H. inclusive, include as additional insured the City of Missoula as Owner; the Architect, the Engineer and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby. B. TERMS OF COVERAGE. The insurance required by Paragraph 2.4.01 of these General Conditions shall be written for not less than the limits of liability specified or required by law, whichever coverage is greater. Coverage shall be maintained without interruption from date of commencement of the Work until date of final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 2.3.08 and Paragraph 2.5.13 of the General Conditions. With respect to completed operations insurance, and any insurance coverage written on a claims-made basis, such coverage shall remain in effect for at least two years after final payment. Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guaranty period. Should any policy be canceled before final payment by the Owner to the Contractor and the Contractor fails immediately to procure other insurance as specified, GC-10 ---PAGE BREAK--- City of Missoula Redevelopment Agency GC-11 the Owner reserve the right to procure such insurance and to deduct the cost thereof from any sum due the Contractor under this Contract. C. ADVANCE NOTIFICATION OF CANCELLATION, MODIFICATION OR NON-RENEWAL. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 2.4.01 of these General Conditions shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 45 days prior written notice has been given to Owner and Contractor and to each other additional insured named in these General Conditions to whom a certificate of insurance has been issued. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 2.6.15 of the General Conditions. D. CERTIFICATES OF INSURANCE. Contractor shall not commence work until Contractor has delivered to Owner, with copies to each additional insured, certificates of insurance as evidence of specified insurance coverage in force for the specified period. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor’s obligations to maintain such insurance. E. CONTRACTOR’S LIABILITY NOT LIMITED. By requiring such insurance and insurance limits as listed in this document, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. F. COVERAGE AMOUNTS. The limits of liability for the insurance required by Paragraph 2.4.01 of these General Conditions shall provide coverages for not less that the following amounts or greater where required by Law or Regulations: 1. Workers’ Compensation and Related Coverages under subparagraphs 2.4.01.A and 2.4.01.B of these General Conditions: a. State Statutory b. Applicable Federal Statutory c. Employer’s Liability $1,000,000.00 2. General Liability: The General Aggregate Limit shall apply separately to each of the Contractor’s projects. a. General Aggregate per project $3,000,000.00 b. Products- Completed Operations (Aggregate) $3,000,000.00 c. Personal and Advertising Injury $1,000,000.00 d. Bodily Injury and Property Damage $1,000,000.00 (Each Occurrence) e. Coverage will include: Premises - Operations Operations of Independent Contractor Contractual Liability Personal Injury ---PAGE BREAK--- City of Missoula Redevelopment Agency GC-12 Products and Completed Operations Broad Form Property Damage (to include explosion, collapse, blasting and underground where applicable. Per Project Aggregate Endorsement. f. Contractor’s Liability Insurance under 2.4.01.C through 2.4.01.E and 2.4.01.G may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per occurrence. g. If the General Aggregate Limit is diminished by an amount of $500,000 or greater, Contractor shall provide notice to Owner of this fact, and shall again provide such notice on each subsequent occasion on which the General Aggregate Limit is again diminished by an amount of $500,000 or greater. 3. Automobile Liability under Paragraph 2.4.01.F of the General Conditions: a. Combined Single Limit (bodily injury and property damage) Each Accident $1,000,000.00 b. Coverage to Include: All Owned Hired Non-Owned c. Contractor’s Automobile Liability Insurance under Paragraph 2.4.01.F must be satisfied by primary insurance of $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per occurrence. 4. Contractor’s Contractual Liability Coverage required by Paragraph 2.4.01.H and Paragraph 2.4.06 of these General Conditions shall provide coverage for not less than the amounts required by the contract for General Liability as follows: a. General Aggregate Per Project $2,000,000.00 b. Each Occurrence $1,000,000.00 (Bodily Injury and Property Damage) 2.4.03 RESERVED 2.4.04 PROPERTY INSURANCE - PURCHASED BY CONTRACTOR A. Before commencement of the work, the Contractor shall submit written evidence that he has obtained, from companies lawfully authorized to do business in the State of Montana with minimum “A.M. Best Rating” of A-,VI, for the period of the Contract, property insurance upon the work at the site in the amount of the original Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. B. This policy shall be written on an "All-Risk" or open peril or special causes of loss policy form and include Completed Value Insurance coverage upon the entire project which is the subject of this Contract and including completed work and work in progress. At a minimum this insurance shall cover physical loss and damage to the Work itself, to temporary buildings or structures, and to materials and equipment in care, custody, control or in transit before and during installation, from at ---PAGE BREAK--- City of Missoula Redevelopment Agency GC-13 least the following perils or causes of loss: fire (with extended coverage), lightning, theft, vandalism and malicious mischief, earthquake, flood, water damage, windstorm, collapse, testing and startup, and debris removal including demolition occasioned by enforcement of Laws and Regulations, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss. C. Such insurance shall be maintained in effect until final payment is made or until no person or entity other than the Owner has an insurable interest in the property required by this paragraph to be covered, whichever is later, unless otherwise agreed to in writing by Owner. Such insurance shall include as Additional Named Insured: The Owner; the Contractor, Subcontractors and their subcontractors, the Architect, the Engineer and their consultants; and each of their officers; employees and agents; and any other persons with an insurable interest designated by the Owner as an Additional Named Insured. D. The Owner will not carry separate insurance for this project. All required insurance coverage shall be purchased and maintained by the Contractor. Certificates of Insurance reflecting all required coverage shall be provided to Owner prior to issuance of the Notice to Proceed. 2.4.05 WAIVERS OF SUBROGATION. Owner and Contractor waive all rights against each other and any subcontractor, Architect, Engineer, and any of their subcontractors, and agents and employees, each of the other, for damages or causes of loss to the extent covered by property insurance obtained pursuant to Article 2.4.03, or 2.4.04 of these General Conditions, or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance. The Contractor, or Owner as appropriate, shall require of subcontractors, separate contractors, Architect, Engineer or their subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. 2.4.06 INDEMNITY. The Contractor shall hold harmless, indemnify and shall defend the Owner, the Architect, the Engineer and his consultants, and each of their officers and employees and agents, from any and all liability claims, demands, losses, costs, damages, expenses or liability to the extent arising or alleged to arise from the Contractor’s performance of the work described herein, but not including the sole negligence of the Owner, the Architect, or the Engineer. Contractor shall procure and maintain in force, at its expense, the liability insurance required. 2.4.07 PATENTS AND ROYALTIES. If any design, device, material or process covered by letters, patent, or copyright is used by the Contractor, he shall provide for such use by legal agreement with the Owner of the patent or a duly authorized licensee of such owner, and shall save harmless the Owner and the Engineer from any and all loss or expense on account thereof, including its use by the Owner. 2.4.08 PERMITS. All permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor in advance of prosecution of work. 2.4.09 LAWS TO BE OBSERVED. The Contractor shall give all notices and comply with all Federal, State and local laws, ordinances and regulations in any manner affecting the conduct of the work, and all such orders and decrees as exist, or may be enacted by bodies or tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless the Owner and the Engineer against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order or decrees, whether by himself or his employees. A. Motor Vehicles. Contractor’s attention is specifically invited to Montana Statutes regarding Motor Vehicle Registration requirements (MCA 61-3-701). Vehicles used in gainful occupation or business enterprise in Montana, including highway work, shall be registered with a County Treasurer, and Montana license plates or other identification markers shall be issued and displayed upon the vehicle when operated in Montana. Residents of Montana may not operate vehicles with a driver’s license issued by any other state than Montana, may not operate motor vehicles without a valid Montana Driver’s License (MCA 61-3-302). ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions 2.4.10 WRITTEN NOTICE. Written notice shall be considered as served when delivered in person or sent by registered mail to the individual, firm or corporation or to the last business address of such known to him who serves the notice. A. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any change in his business address until completion of the Contract. 2.4.11 ASSIGNMENT OF CONTRACT. Neither the Contractor nor the Owner shall sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations there under, without written consent of the other party. 2.4.12 ORAL AGREEMENTS. No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 2.4.13 WORK DURING AN EMERGENCY. The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he shall notify the Owner of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to the properly protect both life and property. 2.4.14 WARNING SIGNS AND BARRICADES. The Contractor shall provide adequate signs, barricades, red lights and watchmen and take all necessary precautions for the protection of the work and the safety of the public. All barricades and obstructions shall be protected at night by suitable signal lights which shall be kept burning from sunset to sunrise. All traffic control devices shall meet the standards set forth in the manual on Uniform Traffic Control Devices. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades, or detours exist. 2.4.15 PUBLIC CONVENIENCE. The Contractor shall at all times so conduct his work as to insure the lease possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Engineer. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches, which shall not be obstructed. 2.4.16 SAFETY. In accordance with general accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property affected directly or indirectly by his operations during the performance of the work. This requirement will apply continuously 24 hours per day until acceptance of the work by the Owner and shall not be limited to normal working hours. A. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's safety measures in, on, or near the construction site. 2.4.17 EXISTING CONSTRUCTION. When new construction is adjacent to or crosses highways, railroads, streets or utilities under the jurisdiction of State, County, City or other public agency, public utility or private entity, the Contractor shall secure written permission from the proper authority before executing such new construction. A copy of this written permission must be filed with the owner before any work is done. The Contractor shall replace or repair all existing construction damaged in the execution of this Contract. The Contractor will be required to furnish a release from the proper authority before final acceptance of the work. 2.4.18 SANITARY PROVISIONS. The Contractor shall provide and maintain such sanitary accommodations for the use of his employees and those of his Subcontractors as may be necessary to comply with the requirements and regulations of the local and state departments of Health. GC-14 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions General Conditions PROGRESS AND COMPLETION OF WORK SECTION 2.5 2.5.01 NOTICE TO PROCEED. Following the execution for the Contract by the Owner and the Contractor, written Notice to Proceed with the work shall be given by the Owner to the Contractor. The Contractor shall begin and prosecute the work regularly and uninterruptedly thereafter with such force as to secure the completion of the work within the Contract time. 2.5.02 CONTRACT TIME. The Contractor shall complete, in an acceptable manner, all of the work contracted for in the time stated herein. Computation of the Contract Time shall commence on the day following the date the Contractor's Acknowledgement of the Notice to Proceed and every calendar day following shall be counted as Contract Time. 2.5.03 PRE-CONSTRUCTION MEETING. A meeting with the Owner, City Engineer, Project Engineer, Construction Inspector, and Contractor as to review scope of work construction schedules, equipment data, labor force, materials, subcontractor work, prior to actual start of work. 2.5.04 SCHEDULE OF COMPLETION. The Contractor shall submit to the Owner or Engineer, schedules showing the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the various parts of the work, and estimated date of completion of each part. These schedules are to be submitted at the Pre-Construction meeting, Section 2.5.03. 2.5.05 CHANGES IN THE WORK. The Owner reserves the right to make such alterations in the plans or in the quantities of work as may be considered necessary. Such alterations shall be in writing by the Owner or Engineer and shall not be considered as a waiver of any conditions of the contract nor to invalidate any of the provisions thereof; provided, however, that the execution of a supplemental agreement acceptable to both parties of the contract will be necessary before any alteration is made which involves an extension or shortening of the length of the project by more than 25% an increase or decrease of more than 25% of total cost of the work calculated from the original proposal quantities and the unit contract prices, or an increase or decrease of more than 25% in the quantity of any one major contract item. For condition above, a major item is defined as any item, unless otherwise indicated on the plans or designated in the Special Provisions, the contract price for which amounts to 10% or more of the total contract price as determined by the original quantities and the unit contract prices. When an alteration requires the execution of a supplemental agreement, the agreement shall be fully executed before any work on the alteration is started. Alterations involving an increase of more than 25% in the net of any one minor contract item will not require a supplemental agreement. 2.5.06 EXTRA WORK. New and unforeseen items of work found to be necessary, and which cannot be covered by any item or combination of items for which there is a Contract price, shall be classed as Extra Work and furnish such materials as may be required for the proper completion or construction of the whole work contemplated, upon written order from the Owner as approved by the Engineer. In the absence of such written order, no claim for Extra Work shall be considered. Extra Work shall be performed in accordance with these Contract Documents where applicable and work not covered by such shall be done in accordance with the best construction practice and in a workmanlike manner. Extra Work required in any emergency to protect life and property shall be performed by the Contractor as required by the Engineer. 2.5.07 EXTENSION OF CONTRACT TIME. A delay beyond the Contractor's control occasioned by an Act of God, by act or omission on the part of the Owner or by strikes, lockouts, fire, etc., may entitle the Contractor to an extension of time in which to complete the work as agreed by the Owner, provided, however, that the Contractor shall immediately give written notice to the Owner of the Cause of such delay. A. Act of God shall mean an earthquake, flood, cyclone or other phenomenon of nature. Hail, wind, flood or other natural phenomenon of normal intensity for the locality shall not be GC-15 ---PAGE BREAK--- City of Missoula Redevelopment Agency GC-16 construed as an Act of God and no reparation shall be made to the Contractor for damages to the work resulting therefrom. 2.5.08 USE OF COMPLETED PORTIONS. The Owner shall have the right to take possession of and use any complete or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the completion of uncompleted work or causes refinishing of completed work, the Contractor shall be entitled to such extra compensation or extension of time or both, as agreed by the Owner. 2.5.09 REMOVAL OF CONSTRUCTION EQUIPMENT, TOOLS AND SUPPLIES. At the termination of this Contract, before acceptance of the work by the owner, the Contractor shall remove all of his equipment, tools and supplies from the property of the Owner. Should the Contractor fail to remove such equipment, tools and supplies, the Owner shall have the right to remove them at the expense of the Contractor. 2.5.10 CLEANING UP. The Contractor shall remove from all public and private property, all temporary structures, rubbish, and waste materials resulting from his operation or caused by his employees, and shall remove all surplus materials leaving the site smooth, clean and true to line and grade. 2.5.11 ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION. When the work to be performed under this Contract is substantially completed in accordance with the Contract Documents, the Engineer shall prepare an Engineer's Certificate of Substantial Completion to be acknowledged and accepted by the Owner and the Contractor. The Certificate may list items to be completed or corrected but such Certificate shall not relieve the Contractor of his obligation to complete all work, whether listed or not, in accordance with the Contract Documents nor will it preclude any right the Owner may have for recourse in accordance with the Contract Documents. 2.5.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contract will be considered complete when all work has been finished, the final review made up by the Owner or Engineer, and the project accepted in writing by the Owner or Engineer. The Contractor's responsibility shall then cease, except as set forth in his Performance Bond, as provided in Paragraph 2.3.08 Guaranty, and as provided in Paragraph 2.5.13 Correction of Faulty Work After Final Payment. 2.5.13 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT. The making of the final payment by the owner to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The Contractor shall replace any such defects discovered within the guaranty period specified in these General Conditions. ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions PAYMENTS TO CONTRACTOR SECTION 2.6 2.6.01 DETAILED BREAKDOWN OF CONTRACT AMOUNT. Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall, within ten days of receipt of Notice to Proceed, submit a complete breakdown of the Contract Amount showing the value assigned to each part of the work, including an allowance for profit and overhead. Upon approval of the breakdown of the Contract Amount by the Owner or Engineer, it shall be used as the basis for all Requests for Payment. 2.6.02 REQUESTS FOR PAYMENT. The Contractor may submit to the Owner periodically, but not more than once each month a Request for Payment for work done and materials delivered to and stored on the site. The Contractor shall furnish the Owner all reasonable information required for obtaining the necessary data relative to the progress and execution of the work. Payment for materials stored on the site will be conditioned upon evidence submitted to establish the Owner's title to such materials. Each Request for Payment shall be computed on the basis of work completed on all items listed in the Detailed Breakdown of Contract, unit prices, less five percent to be retained until final completion and acceptance of the work and less previous payments. "Requests for Payment shall be accompanied by a City of Missoula Lien/Claim Waiver Form, with appropriate "Conditional" and "Unconditional" portions completed, from the Prime Contractor and from each vendor, subcontractor and sub-subcontractor. Prime Contractor shall submit an Affidavit of Bills Paid for Release of the Final Payment. For projects under $50,000 a single Lien/Claim Waiver form may be submitted from each vendor, subcontractor and sub-subcontractor with the Request for Final Payment, accompanied by the Prime Contractor's Affidavit of Bills Paid for Release of the Final Payment." 2.6.03 ENGINEER'S ACTION ON A CONTRACTOR'S REQUEST FOR PAYMENT. All Contractor's Requests for Payment shall be referred to the Engineer for his review and, within a reasonable period, the Engineer shall: A. Recommend payment by the Owner of the Request for Payment as submitted. B. Recommend payment by the Owner of such other amount as the Engineer shall consider is due the Contractor, informing the Owner and the Contractor in writing of his reasons for recommending the amended amount. C. Recommend to the Owner that payment of the Request for Payment be withheld, informing the Contractor and the Owner in writing of his reasons for so recommending. 2.6.04 OWNER'S ACTION ON REQUEST FOR PAYMENT. Within thirty days after receipt of a Request for Payment from the Contractor, the Owner shall: A. Pay the Request for Payment as recommended by the Engineer. B. Pay such other amount, in accordance with Paragraph 2.6.05 as he shall decide is due the Contractor, informing the Contractor and the Engineer in writing of his reasons for payment the amended amount. C. Withhold payment in accordance with Paragraph 2.6.05, informing the Contractor and the Engineer of his reasons for withholding payment. 2.6.05 OWNER'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT. The Owner may withhold payment, in whole or in part, of a Request for Payment to the extent necessary to protect himself from loss on account of any of the following: A. Defective work. B. Evidence indicating the probably filing of claims by other parties against the Contractor which may adversely affect the Owner. C. Failure of the Contractor to make payments due to Subcontractors, material suppliers or employees. GC-17 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions 2.6.06 INTEREST ON UNPAID REQUESTS FOR PAYMENT. No interest will be paid on unpaid requests for payment. 2.6.07 PAYMENT FOR UNCORRECTED WORK. Should the Owner direct the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the Contract Amount shall be made to compensate the Owner for the uncorrected work. 2.6.08 PAYMENT FOR REMOVAL OF REJECTED WORK AND MATERIALS. The removal of work and materials rejected in accordance with paragraph 2.3.05 and the re-execution of acceptable work by the Contractor shall be a the expense of the Contractor, and he shall pay the cost of replacing the work and other contractors destroyed or damaged by the removal of the rejected work or materials and the subsequent replacement of acceptable work. A. Removal by owner: Removal of rejected work or materials and storage of materials by the Owner, in accordance with Paragraph 2.3.05, shall be paid by the Contractor within thirty days after written notice to pay is given by the Owner. If the Contractor does not pay the expenses of such removal and after then days' written notice being given by the Owner of his intent to sell the materials at auction or at private sale and will pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that should have been born by the Contractor. 2.6.09 PAYMENT FOR EXTRA WORK. Written notice of claims for payment for Extra Work shall be given to the Contractor within ten days after receipt of instructions from the Owner to proceed with the Extra Work and also before any work is commenced, except in emergency endangering life or property. No claim shall be valid unless so made. In all cases, the Contractor's itemized estimate sheets showing all labor and materials shall be submitted to the Owner. The Owner's order for Extra Work shall specify any extension of the Contract Time and one of the following methods of payment: A. Unit prices or combinations of unit prices which formed the basis of the original Contract. B. A lump sum based on the Contractor's estimate and accepted by the Owner. C. Actual cost plus 15 percent for overhead and profit. Actual costs are defined as follows: 1. Labor costs, including time of foreman while engaged directly upon extra work. 2. Labor insurance and taxes. 3. Materials and supplies actually used on the work. 4. Equipment used will be reimbursed at the rental rate listed for such equipment specified in the current edition of the "Rental Rate Blue Book" as published by Machinery Information Division of K-III Directory Corporation, 1735 Technology Drive, Suite 410, San Jose, California 95110; Telephone (800) 669-3282. Individual pieces of equipment or tools having a replacement value of $100 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. 2.6.10 PAYMENT FOR WORK SUSPENDED BY THE OWNER. If the work or any part thereof shall be suspended by the Owner and abandoned by the Contractor as provided in Paragraph 2.2.01, Suspension of Work by owner, the Contractor will then be entitled to payment for all work done. 2.6.11 PAYMENT FOR WORK BY THE OWNER. The cost of the work performed by the Owner, in removing construction equipment, tools and supplies in accordance with Paragraph 2.5.09, Removal of Construction Equipment, Tools, and Supplies, and in correcting deficiencies in accordance with Paragraph 2.2.01e, Owner's Right to Terminate the Agreement and Complete the Work, shall be paid by the Contractor. GC-18 ---PAGE BREAK--- City of Missoula Redevelopment Agency General Conditions 2.6.12 PAYMENT FOR WORK BY THE OWNER FOLLOWING HIS TERMINATION OF THE CONTRACT. Upon termination of the Contract by the owner in accordance with Paragraph 2.2.01, Owner's Right to Terminate Agreement and Complete the Work, no further payments shall be due the Contractor until the work is completed. If the unpaid balance of the Contract Amount shall exceed the cost of completing the work including all overhead costs, the excess shall be paid to the Contractor. If the cost of completing the work shall exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The cost incurred by the Owner, as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Owner. 2.6.13 PAYMENT FOR WORK TERMINATED BY THE CONTRACTOR. Upon suspension of the work or termination of the Contract by the Contractor in accordance with Paragraph 2.2.02f, Contractor's Right to Suspend Work or Terminate Agreement, the Contractor shall recover payment from the Owner for the work performed, plus loss on plant and materials, plus established profit and damages. 2.6.14 PAYMENT FOR SAMPLES AND TESTING OF MATERIAL. Samples furnished in accordance with Paragraph 2.3.02, Samples, shall be furnished by the Contractor at his expense and may be used in the work, after acceptance. A. Testing of samples and materials furnished in accordance with Paragraph 2.3.02, Samples shall be arranged and paid for by the Owner. 2.6.15 ACCEPTANCE AND FINAL PAYMENT. When the Contractor shall have completed the work in accordance with the terms of the Contract Documents, he shall certify completion of the work to the Owner and submit a final Request for Payment, which shall be the Contract Amount plus all approved additions, less all approved deductions and less previous payments made. The Contractor shall furnish evidence that he has fully paid all debts for labor, materials, and equipment incurred in connection with the work, and, upon acceptance by the owner, the Owner will release the Contractor except as to the conditions of the Performance Bond and the Labor and Material Payment Bond, any legal rights of the Owner, required guaranties, and Correction of Faulty Work after Final Payment, and will pay the Contractor's final Request for Payment. The Contractor shall allow sufficient time between the time of completion of the work and approval of the final Request for Payment for the Owner or Engineer to assemble and check the necessary data. A. Release of Liens: The Contractor shall deliver to the Owner a complete release of all liens arising out of this Contract before the retained percentage or before the final Request for Payment is paid. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner such amounts as the Owner may have been compelled to pay in discharging such liens including all costs and a reasonable attorney's fees. GC-19 ---PAGE BREAK--- City of Missoula Redevelopment Agency GC-20 THIS PAGE INTENTIONALLY LEFT BLANK ---PAGE BREAK--- City of Missoula Redevelopment Agency [DATE] NOTICE OF AWARD Construction Re: Silver Park Phase II – Parking lot The OWNER has considered the BID you submitted for the WORK described above in response to its Advertisement for Bids. You are hereby notified that the Missoula City Council accepted your BID on 2009 for the base bid of $ and Bid Alternative Number One in the amount of $ for a total contract award of $ . You are required by the Instructions to Bidders to execute the Contract and furnish the required CONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance within ten (10) calendar days from the date of this Notice to you. Enclosed are three copies of the contract to be signed and returned with the requested bonds and certificate of insurance. If you fail to execute said Contract and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Owner: City of Missoula Redevelopment Agency By: Ellen Buchanan, Director ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by this day of , 2009. By: Title: CITY OF MISSOULA NOTICE OF AWARD - TEMPLATE ---PAGE BREAK--- City of Missoula Redevelopment Agency CITY OF MISSOULA NOTICE OF AWARD - TEMPLATE THIS PAGE INTENTIONALLY LEFT BLANK ---PAGE BREAK--- City of Missoula Redevelopment Agency CITY OF MISSOULA LIEN WAIVER - TEMPLATE LIEN/CLAIM WAIVER CONDITIONAL / UNCONDITIONAL FROM: PROJECT: Address Location Contact Person: Project Manager: Contact Telephone: Project Telephone: CONDITIONAL The undersigned does hereby acknowledge that upon receipt by the undersigned of a check from (Name of Firm writing check): in the sum of and when the check has been properly endorsed and has been paid by the bank upon which it was drawn, this document shall become effective to release pro tanto any and all claims and rights of lien which the undersigned has on the above referenced job. This release covers a progress payment for labor, services, equipment, materials furnished and/or claims thought only and does not cover any retention of items furnished after that date. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. I CERTIFY UNDER PENALTY OF PERJURY UNDER LAWS OF THE STATE OF MONTANA THAT THE ABOVE IS A TRUE AND CORRECT STATEMENT. UNCONDITIONAL RELEASE The undersigned does hereby acknowledge that the undersigned has been paid and has received progress payments in the sum of for labor, services, equipment or materials furnished to the above referenced job and does hereby release pro tanto any and all claims and rights of lien which the undersigned has on the above referenced job. This release covers all payments for labor, services, equipment, materials furnished and/or claims to the above referenced job through (date): only and does not cover any retention or items furnished after that date. NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY LAND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE THE CONDITIONAL RELEASE FORM TO THE LEFT. I CERTIFY UNDER PENALTY OF PERJURY UNDER LAWS OF THE STATE OF MONTANA THAT THE ABOVE IS A TRUE AND CORRECT STATEMENT. Signature: Signature: (Authorized /Corporate Officer/Partner/Owner) (Authorized /Corporate Officer/Partner/Owner) (Title) (Title) Dated this 200___ at Dated this 200___ at (City, State) (City, State) ---PAGE BREAK--- City of Missoula Redevelopment Agency CITY OF MISSOULA LIEN WAIVER - TEMPLATE THIS PAGE INTENTIONALLY LEFT BLANK ---PAGE BREAK--- CITY OF MISSOULA AFFIDAVIT OF PAYMENT OF BILLS FOR RELEASE OF FINAL PAYMENT - TEMPLATE AFFIDAVIT OF BILLS PAID FOR RELEASE OF FINAL PAYMENT STATE OF MONTANA ) ) COUNTY OF MISSOULA ) BEFORE ME, the undersigned authority, on this day personally representing Contractor under the following Contract: Owner: CITY OF MISSOULA, MONTANA Contractor: Date: PROJECT: The undersigned was by me duly sworn and now states upon oath: 1. The improvements required by the PROJECT Contract have been erected and completed in full compliance with the Contract and the agreed plans and specifications for the Contract. 2. All bills and claims for materials furnished and labor performed on the Contract have been paid. There are no outstanding unpaid bills or legal claims for labor performed or materials furnished upon the job. 3. This Affidavit is being made by the undersigned realizing that it is in reliance upon the truthfulness of the statements contained in this Affidavit that final and full settlement of the balance due on the Contract is being made, and in consideration of the disbursement of funds by the Owner, the undersigned expressly gives and releases all liens, claims and rights to assert a lien on said premises and agrees to indemnify and hold Owner safe and harmless from and against all losses, damages, costs, and expenses of any character whatsoever, specifically including court costs, bonding fees, and attorney’s fees, arising out of or in any way relating to, claims for unpaid labor or material used or associated with construction of improvements under the Contract. By: (SIGNATURE) Name: Title: (SEAL) Subscribed and sworn to before me, the undersigned authority, on this the of 200___ (SIGNATURE) Notary Public in and for the State of Montana My Commission Expires: ---PAGE BREAK--- CITY OF MISSOULA AFFIDAVIT OF PAYMENT OF BILLS FOR RELEASE OF FINAL PAYMENT - TEMPLATE THIS PAGE INTENTIONALLY LEFT BLANK ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---