Document Missoula_doc_a38b9ee61d

CITY PROJECT 05-10CUV Pool Water UV Sanitation System Currents Water Park PROJECT MANUAL and CONTRACT DOCUMENTS Note: Bid Proposal form shall not be removed from this bound volume. CITY OF MISSOULA PARKS & RECREATION DEPARTMENT MISSOULA, MONTANA ---PAGE BREAK--- Prepared by: City of Missoula Parks & Recreation Department For further information, visit us or call 600 Cregg Lane Missoula, Montana 59801 Phone (406) 552-6274 Fax (406) 552-6275 ---PAGE BREAK--- Project 05-10CUV i I N D E X PROJECT 05-10CUV Currents UV Pool Water UV Sanitation System Purchase & Installation SUBJECT PAGES Index i Invitation to Bid 1 Instructions to Bidders IB-1 to IB-6 Project Special Conditions PSC-1 to PSC-7 Proposal for Construction P-1 to P-4 Bid Bond BB-1 to BB-2 Contract Agreement C-1 to C-4 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-16 State of Montana Prevailing Wage Rates (Building Construction effective March 24, 2010) Appendix Index ---PAGE BREAK--- Project 05-10CUV ii END OF INDEX (THIS PAGE INTENTIONALLY LEFT BLANK ---PAGE BREAK--- Project 05-10CUV 1 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 Thursday, June 10, 2010, 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: Pool Water UV Sanitation System and Installation PROJECT NAME: Currents Pool UV City of Missoula Project 05-10CUV This project consists of supplying and installing one new Medium Pressure Ultraviolet Disinfection System for use on the main circulation line of the Currents Water Park Pool, including all sub-contracting and project oversight. A second bid item is included for a Maintenance Agreement for the installed UV System and a third bid item is included for the training of a representative of Missoula Parks and Recreation to be a factory certified UV Technician and able to complete the maintenance agreement in-house. There will be a Mandatory Pre-Bid Meeting at Currents Water Park, 600 Cregg Lane, Missoula Montana, at 4pm on May 24, 2010. Please come prepared to inspect the installation site and provide an email address so that all further questions that arise may be answered with all participants being aware of the information. 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 Project 05-10CUV, Currents Pool UV.” The envelopes shall also be marked with the Bidder’s Name, address and Montana Contractor's Identification 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. No bid will be considered which includes federal excise tax, since the City is exempt therefrom and will furnish to the successful bidder certificates of exemption. A complete set of the Contract Documents and Project Manual will be furnished the Contractors making application therefore from the Parks & Recreation Offices at 600 Cregg Ln., Missoula, Montana. To receive automatic updates and information via email regarding this project, please register at the City's website at the following link: http://www.ci.missoula.mt.us/bids. 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. 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 bid opening at 3:00 p.m. on June 10, 2010. ---PAGE BREAK--- Project 05-10CUV 2 Martha L. Rehbein, City Clerk PUBLICATION NOTICE DATES: May 16, 2010 May 23, 2010 Missoulian END OF INVITATION TO BID (THIS PAGE INTENTIONALLY LEFT BLANK) ---PAGE BREAK--- Project 05-10CUV IB-1 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 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. Instructions to Bidders ---PAGE BREAK--- Project 05-10CUV IB-2 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. 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 Instructions to Bidders Instructions to Bidders ---PAGE BREAK--- Project 05-10CUV IB-3 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. 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. Instructions to Bidders ---PAGE BREAK--- Project 05-10CUV IB-4 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.” 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. Instructions to Bidders ---PAGE BREAK--- Project 05-10CUV IB-5 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. ---PAGE BREAK--- Project 05-10CUV IB-6 END OF INSTRUCTIONS TO BIDDERS (THIS PAGE INTENTIONALLY LEFT BLANK) Instructions to Bidders ---PAGE BREAK--- Project 05-10CUV PSC-1 PROJECT SPECIAL CONDITIONS FOR PROJECT 05-10CUV PROJECT NAME: Currents Pool UV Pool Water UV Sanitation System Purchase & Installation These Project Special Conditions are special provisions that modify and/or supplement in part the General Conditions or the Technical Specifications of the contract. In the event of a conflict, these Project Special Conditions shall take precedence. These Project Special Conditions are incorporated into this Contract Agreement. 1. MANDATORY PRE-BID MEETING There will be a Mandatory Pre-Bid Meeting at Currents Water Park, 600 Cregg Lane, Missoula Montana, at 4pm on May 24, 2010. The Contractor should come prepared to inspect the installation site and provide an email address so that all further questions that arise may be answered with all participants being aware of the information. 2. CONSTRUCTION SCHEDULE & SEQUENCE OF WORK The Contractor shall submit a Construction Schedule to be approved by the City. The Contractor should schedule his work so as not to cause unnecessary conflicts with pool programs or unnecessary inconvenience to the public and to pool patrons. Time is of the essence in this contract. Therefore, the Contractor shall prosecute the work regularly and uninterruptedly with such force as to complete the work within the contract time and to minimize the effects on the regular function of the facility and programs. The Contractor shall supply with their proposal, a work plan that accomplishes the installation and testing required so as to not interfere with the basic water quality and as required by State Department of Health Code, so that programs may continue to operate. Currents Water Park is regularly scheduled from 6am until 8pm Monday through Friday, 8am until 6pm on Saturdays, and 11am until 6pm on Sundays. The pool circulation equipment is in operation 24 x 7 during regular use. Any interruption of regular heating, filtering, and sanitation of the pool water needs to be accomplished so as to not interfere with the basic water quality required to operate programs and have swimmers use the facility. During the time the City is not on the site the Contractor will be responsible for maintaining the security of the facility including keeping doors closed so that individuals may not wander into the pool area or building envelope. It will be the contractor’s responsibility to communicate with the City regarding work needed, especially to assure access is available for work to be completed after regular hours when the City is not in the facility. Work shall be completed no later than 60 days after receipt of the Notice to Proceed, with the optimal dates for installation being when facility is closed for regular maintenance August 29 – Sept 3rd, 2010. 2. SITE WORK DESIGN SPECIFICATIONS AND PRECEDENCE The site work construction specifications in this contract shall be based on Manufacturer Specifications and Installation Instructions. A copy of the Manufacturer Installation Instructions shall be provided prior to City as part of the project commissioning. The Contractor shall contact the Owner to arrange for access to the site prior to submitting the bid in order to ascertain any details on the installation necessary to create the bid. Access can be arranged by calling Eric Seagrave at (406) 552-6274. Project Special Conditions Project Special Conditions ---PAGE BREAK--- Project 05-10CUV PSC-2 3. MAINTENANCE OF TRAFFIC & ACCESS FOR EMERGENCY SERVICES It is the Contractor's responsibility to maintain private and emergency vehicle traffic routes at all times. Do not park directly in front of the facility, emergency response requires this area to remain clear at all times... 4. Unit/Manufacturer Specifications Ultraviolet Disinfection System shall be a full flow thru unit with UL listing and NSF certified, and will be manufactured by Siemens, Engineered Treatment Systems, Triogen, or pre-approved equal (it is a requirement that manufacturer has been in business making the UV model for a minimum of 5 years). Ultraviolet System shall be built to accommodate the pool's designed flow rate of 1000 gallons per minute in an 8-inch pipe. The system shall have a MET or equivalent (ETL, CAS or UL) listing and be NSF-50 certified. Ultraviolet manufacturer to provide unit capable of Horizontal installations utilizing a traditional influent and effluent flow pattern with 8-inch ANSI flange 1.000 gpm capability. Unit shall operate as a single or multiple lamp system with bulb range of 2.5 kW. Chamber shall be the pre-approved equivalent of Engineered Treatment Systems/ ATG-Willand ECF-225-8 and Spectra Control Cabinet ECF-A-25. The Ultraviolet System shall be provided in a complete package to include: 316L Stainless steel Chamber, Spectra Control System located in a NEMA 12 rated panel, Medium Pressure Bulb(s) designed to emit within the UVC electromagnetic spectrum, strainer basket automatic wiper system, and Project Commissioning by a Certified Ultraviolet Technician. The Ultraviolet system shall be sized to emit a minimum dose of 60mj/cm2. 5. Ultraviolet Chamber Specifications Shall be pressure rated for 100 psi (tested to 150 psi), and pressure drop across the unit will be minimal. The unit shall be constructed of 316L stainless steel to prevent corrosion within the harsh pool environment. The Ultraviolet chamber shall come complete with the following equipment and/or features: Clearance shall be provided for the removal and replacement of the lamps and quartz thimbles; suitable allowance would be 1.25 x overall chamber length. A control valve is fitted and is always positioned at the outlet port to ensure a permanently full situation to be maintained and thus preventing untreated water from passing through the system. To avoid overheating, the chamber should be positioned to ensure a permanently full situation. Ultraviolet intensity monitor with built-in alarm system to notify operator when output level drops below required level of 60 mj/cm2 (or operator set dosing levels). Ultraviolet temperature control system shall be provided to maintain system integrity in the event of flow interruptions to the chamber. Utraviolet chamber shall come complete with annealed quartz sleeve with ring seals for water tightness. Chambers shall be complete with ANSI flanges and all ports or vents shall be treaded NPT. The Ultraviolet chamber must be capable of installation in the system so that it remains full under all conditions. 6. Ultraviolet Lamp ---PAGE BREAK--- Project 05-10CUV PSC-3 The ultraviolet lamp shall be medium pressure high intensity. Lamp shall be designed to emit continuous Ultraviolet in the range of 200nm to 400nm. This will provide optimal disinfection benefits and destruction of the Monochloramine, Dichloramine, and Trichloramine compounds. Lamp must remain unaffected by temperature variance of 0 degrees to 200 degrees Fahrenheit. The lamp unit must provide a dose not less than 60mj/cm2 at the end of the lamp life and this must be based on the full recirculating flow rate, not on a side stream treatment. 7. Automatic Wiper System An automatic cleaning system shall be provided for cleaning of quartz sleeve and Ultraviolet monitor probe. The system shall travel the entire length of the quartz sleeve twice per desired cleaning cycle. Precision molded wiper rings shall be provided to ensure thorough quartz tube cleaning and quartz tube protection. Wiper cycle shall be user selectable and adjustable within a range of 15 minutes to 24 hours, depending on anticipated application and deposit build-up. System shall utilize direct Belt Drive with square machined pulleys and shafts to prevent slippage and pin shearing. Systems utilizing shear pins or complicated gear boxes will be unacceptable. Wiper power supply shall be 24 volt DC for improved safety. System shall incorporate Direct Shaft Encoding for positional location. Systems relying on external proxy switches or internally located magnets will be unacceptable. Wiper interval shall be operator selectable with optional override switch. Wiper faults are to be indicated on the control system display. Wiper System to utilize "Intelligent Operation" for automatic start-up commissioning: Records wiper position at chamber ends. Also must establish a travel run without setting limit adjustments to ensure system integrity and longevity. 8. Ultraviolet Control System Control cabinet shall be Engineered Treatment System/ ATG-Willand SPECTRA microprocessor control unit or pre-approved equal. Systems shall be epoxy coated NEMA 12 rated cabinet. Three levels of operation shall be provided to meet the needs of the operator and pool environment: Simple Control (start, stop and reset), Full Parameter Display, and Customized Operator Configuration. Modes of operations shall be password protected to secure system critical setup functions. Control system shall have clearly identifiable start, stop, and reset control buttons (suitable for gloved operation) with Running and Fault LCD indicators. Two-line LCD screen shall display a minimum of the following: Ultraviolet dose (derived from flow and intensity inputs), Ultraviolet intensity (as a % and mw/cm2), Lamp Current, Flow rate (accepts signal from optional flow meter - displayed as gallons per minute), Chamber temperature (displayed as deg. Operation hour meter, System spares listing, Lamp fault, low Ultraviolet & temperature alarm, Ground fault trip, Wiper fault. All alarm functions shall have simple text message display to assist in fault finding. Control system shall have a minimum of the following system interface control: Remote operation through RJ- 45 connection to DSL or Wireless Network, Process interrupt features (from valves, flow meters), Low UV dose (configurable to shutdown or alarm only), Flow meter input, Auto-Restrike, Half to full power Ultraviolet setting with 24 hour/ 7 day settable timer. Control system shall have built in date-logging capabilities to record the following information: Ultraviolet intensity required, ultraviolet intensity measured, Lamp current, Chamber temperature, Flow rate (if flow meter is connected), Time and date stamp, All alarms generated. ---PAGE BREAK--- Project 05-10CUV PSC-4 9. Installation Specifications Unit installation shall be complete and include isolation valves and connection to existing 8-inch capped bypass in full flow circulation pipe. System shall be installed in a circulation system with flow rates up to 1000 gpm, within a 8" schedule 80 PVC pipe. The total volume of the swimming pool is 250,000 with a turnover rate of 2 hours. Unit shall function consistently and dependably within the harsh environment of a commercial swimming pool filter/pump room where the ambient temperature can range from 50 degrees to 100 degrees F. As the system will be installed in an environment where it may be exposed to high humidity, spraying water, and chlorine or acid laden air, it shall be built so as to resist said exposure. The ultraviolet unit must be complete with appropriate brackets or feet for ease of installation. 10. Project Commissioning The project will be a complete turn-key installation: the system will be in complete working order and completely installed prior to the City of Missoula accepting work completion. System will be in such a state so that trained staff will be able to simply turn on the system and have it function effectively and efficiently. Ultraviolet Chamber and Control Panel shall be commissioned by a qualified factory trained technician. During this time period, final electrical and control cabling will be connected from the control cabinet to the Ultraviolet disinfection chamber. Daily operation and simple maintenance instructions shall be provided during the commissioning process. A factory trained representative of the manufacturer shall perform all warrantee work. Manufacturer to warrantee Ultraviolet chamber and Control panel for a period of 12 months. Medium pressure Ultraviolet bulbs shall be warranted for a period of 4,000 hours. Intermittently operated bulbs (more than or equal to one on/of cycles per day) will be replaced free of charge should failure occur prior to 3,000 hours and replacement will be prorated between 3,000 and 4,000 hours. A detailed warranty sheet shall accompany this document upon request. The project will be a complete turn-key installation: the system will be in complete working order and completely installed prior to the City of Missoula accepting work completion. System will be in such a state so that trained staff will be able to simply turn on the system and have it function effectively and efficiently. 11. Training Facility Staff will be trained in the day to day operation of the UV system and the electrical control panel by a duly authorized factory representative prior to or on the day the unit is brought on-line. Facility Staff will be trained in regular maintenance procedures including lamp removal & replacement procedures, lamp and system inspection procedures, calibration and system start up procedures, and other routine procedures required to maintain efficiency and proper functioning of the unit. All training will be organized and taught by a qualified factory trained technician and will focus on the safe, efficient, long-term operation of the equipment begin purchased. 12. Manuals/Warrantee/Support/Documents One Service manual will be provided. One Parts manual will be provided. One electrical schematic must be provided. One operator manuals will be provided. A minimum unlimited warranty period of no less than 12 months is mandatory. ---PAGE BREAK--- Project 05-10CUV PSC-5 Bidder to state and provide a copy of any and all warranty information and to insert this information in the bid packet. Warranty information and documents shall be provided at delivery and shall include contact service addresses and phone numbers. Equipment manufacturer shall provide a list of facilities and contact names and numbers for individuals who already have the unit (or similar models of the unit) installed in their facility. It is our intent to use this contact list to obtain recommendations. Winning bidder shall have a support representative located in the U.S.A. available to handle system support service on an as needed basis. 13. Bid Item "Maintenance Agreement": The bidder shall have a Certified UV System Technician perform the following tasks on a semi-annual basis resulting in 4 (four) inspections in a 24 month period: Meets Specs Does Not Meet Specs Test the pool water specifically for total and free chlorine. Observe the equipment operating status and record the information. Check the Unit Housing and all connections for any signs of leakage. Put the system in bypass mode and shut down the UV unit allowing it to cool. Remove and inspect the lamp(s). Notify owner if lamp(s) needs replacement. After authorization is received, replace lamp at an additional charge for lamp only. Remove and inspect quartz sleeve, clean, or replace upon authorization from owner, if required at an addition charge for the sleeve. Remove and inspect quartz window, clean or replace upon authorization from owner, if required at an additional charge for the quartz window. Remove and replace wiper seals. Remove seals/o-rings that are leaking and replace. Re-fire the system and re-calibrate the UV sensor. Test the over temperature sensor probe. Repair and replace other components as necessary. Parts and labor billed separately. Review operating instructions with owner's representative. Complete an inspection report to be signed by owner's representative leaving a copy of the report with the owner. 14. Bid Item "Maintenance Personnel Training": The bidder shall train a representative of the City of Missoula Parks and Recreation Department to be a Certified UV System Technician, able to perform the following tasks: Meets Specs Does Not Meet Specs Test the pool water specifically for total and free chlorine. Observe the equipment operating status and record the information. Check the Unit Housing and all connections for any signs of leakage. Put the system in bypass mode and shut down the UV unit allowing it to cool. Remove and inspect the lamp(s). Notify owner if lamp(s) needs ---PAGE BREAK--- Project 05-10CUV PSC-6 replacement. After authorization is received, replace lamp at an additional charge for lamp only. Remove and inspect quartz sleeve, clean, or replace upon authorization from owner, if required at an addition charge for the sleeve. Remove and inspect quartz window, clean or replace upon authorization from owner, if required at an additional charge for the quartz window. Remove and replace wiper seals. Remove seals/o-rings that are leaking and replace. Re-fire the system and re-calibrate the UV sensor. Test the over temperature sensor probe. Repair and replace other compontents as necessary. Parts and labor billed separately. Review operating instructions with owner's representative. Complete an inspection report to be signed by owner's representative leaving a copy of the report with the owner. 15. 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. 16. PREVAILING WAGE RATES The contractor shall utilize the Montana Statewide Davis-Bacon Building Construction Wage Rates included in the Montana Prevailing Wage Rate Schedule for Building Construction effective March 12, 2010. IF THE TOTAL CONTRACT BID IS BELOW $25,000, PREVAILING WAGE RATES WILL NOT APPLY. ---PAGE BREAK--- Project 05-10CUV P-1 CITY PROJECT NO. 05-10CUV PROPOSAL FOR CONSTRUCTION Currents Pool UV Pool Water UV Sanitation System Installation To: The Honorable Mayor and City Council City of Missoula, Montana 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. Proposal for Construction ---PAGE BREAK--- Project 05-10CUV P-2 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 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. TWENTY-ONE (21) calendar days. The first chargeable day is the date following the date specified to start in the Notice to Proceed. Per Missoula Municipal Code Chapter12.08.030.B, all concrete curb and sidewalk work performed under this contract proposal shall be warranted against faulty materials or workmanship for a period of two years, and 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. Proposal for Construction ---PAGE BREAK--- Project 05-10CUV P-3 BID PROPOSAL FOR CONSTRUCTION CITY PROJECT NO. 05-10CUV Currents Pool UV Pool Water UV Sanitation System Installation The City of Missoula invites your quotations for the supply and install of the following: Description Lump Sum Quote 1. Provide and Install Pool Water UV Sanitation System per the Project Special Conditions (attached). 2. Maintenance Agreement for the UV System Installed. 3. Maintenance Personnel Training for the UV System Installed. Price includes: Price does not include: Total for Bid Item Sum Total Bid in Words: Total for Bid Item Sum Total Bid in Words: Total for Bid Item Sum Total Bid in Words: Contractor/Vendor Montana Contractor Registration No. Contractor’s Signature Date Phone Number Proposal for Construction ---PAGE BREAK--- Project 05-10CUV P-4 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 , 2010. (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 City Business License Number Proposal for Construction ---PAGE BREAK--- Project 05-10CUV BB-1 BID BOND BID BOND 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 ---PAGE BREAK--- Project 05-10CUV BB-2 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. ---PAGE BREAK--- Project 05-10CUV C-1 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 , 2010 by and between the City of Missoula, Party of the First Part and hereinafter called the "OWNER" and , a , 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 Project: 05-10CUV Currents UV, pool water UV sanitation system installation 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 Project: 05-10CUV Currents UV, pool water UV sanitation system installation 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 Project: 05-10CUV Currents UV, pool water UV sanitation system installation 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: Contract Agreement ---PAGE BREAK--- Project 05-10CUV C-2 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 Project: 05-10CUV Currents UV, pool water UV sanitation system installation 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 Project: 05-10CUV Currents UV, pool water UV sanitation system installation 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 Owner, authorizing and directing construction work to start and CONTRACTOR will fully complete all of the work contemplated by the Contract within TWENTY-ONE (21) 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 $500 dollars for each day that expired after the time specified in paragraph III.A for substantial completion until the Work is substantially complete. Contract Agreement ---PAGE BREAK--- Project 05-10CUV C-3 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 General Conditions Montana Prevailing Wage Rate Project Special Conditions Technical Specifications (10) Certificates of Insurance (11) Powers of Attorney (12) Notice of Award (13) Notice to Proceed (14) Detail Drawings (15) Plan Sheets Nos. to , 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, 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. Contract Agreement ---PAGE BREAK--- Project 05-10CUV C-4 Party of the First Part (OWNER) City of Missoula, Montana ATTEST: By: John Engen Martha L. Rehbein Mayor City Clerk (Seal) Party of the Second Part: CONTRACTOR Address By: ATTEST: (signature) Title: Secretary (Seal of Corporation) 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 Owner Contract Agreement ---PAGE BREAK--- Project 05-10CUV CB-1 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. Contract Bonds ---PAGE BREAK--- Project 05-10CUV CB-2 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 , 20 . 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) Contract Bonds ---PAGE BREAK--- Project 05-10CUV CB-3 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 prepared by City Engineering Department, 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 was done or performed, or materials were furnished by such claimant, may sue on this bond Contract Bonds ---PAGE BREAK--- Project 05-10CUV CB-4 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. Contract Bonds ---PAGE BREAK--- Project 05-10CUV CB-5 IN WITNESS WHEREOF, said Principal and Surety have hereunto set their hands and seals at this day of , 20 . 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) Contract Bonds ---PAGE BREAK--- Project 05-10CUV CB-6 (THIS PAGE INTENTIONALLY LEFT BLANK) ---PAGE BREAK--- Project 05-10CUV GC-1 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. Drawings and Specifications 2.1.02 BIDDING DOCUMENTS are issued by the Owner to assist bidders in preparing their proposals include: A. Advertisement/Invitation to Bid 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 Missoula City Engineer who may act as the agent of the Owner. References to “Engineer” throughout the contract documents refers generally to the Missoula City Engineer unless specific reference is elsewhere provided for a professional engineer contracted by the City of Missoula to consult on the project. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-2 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. 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 General Conditions ---PAGE BREAK--- Project 05-10CUV GC-3 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 even 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. 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 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-4 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. 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-5 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. 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-6 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-7 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 General Conditions ---PAGE BREAK--- Project 05-10CUV GC-8 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-9 INSURANCE, LEGAL RESPONSIBILITY AND SAFETY SECTION 2.4 2.4.01 INSURANCE. The Contractor shall not commence any work until he obtains, at his own expense, all required insurance. Such insurance must have the approval of the Owner as to limit, form and amount. The Contractor will not permit any Subcontractor to commence work on this project until the same insurance requirements have been complied with by such Subcontractor. A. Types: The types of insurance the Contractor is required to obtain and maintain for the full period of the Contract will be: Workmen's Compensation Insurance, Comprehensive General Liability Insurance, and Property Insurance upon the work itself written on a Builders' Risk "All-Risk" or open peril or special causes of loss policy form as detailed in the following portions of this specifications. B. Evidence: As evidence of specified insurance coverage, the Owner may, in lieu of actual policies, accept certificates issued by the insurance carrier showing such policies in force for the specified period. Each policy or certificate will bear an endorsement or statement waiving right of cancellation or reduction in coverage without Forty-five day's notice in writing to be delivered by registered mail to the Owner. 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, the Owner reserves the right to procure such insurance and to deduct the cost thereof from any sum due the Contractor under this Contract. C. Adequacy of Performance: Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guaranty period. Should such insurance be canceled before the end of the guaranty period and the Contractor fails immediately to procure other insurance as specified, the Owner reserves the right to procure such insurance and to charge the cost thereof to the Contractor. D. Payment of Damages: Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from his operations under this contract. 2.4.02 WORKMEN'S COMPENSATION INSURANCE. Before the Agreement between the Owner and the Contractor is entered into, the Contractor shall submit written evidence that he and all subcontractors have obtained, for the period of the Contract, full Workmen's Compensation Insurance coverage for all persons whom they employ or may employ in carrying out the work under this Contract. This insurance shall be in strict accordance with the requirements of the most current and applicable State Workmen's Compensation Insurance Laws. 2.4.03 COMPREHENSIVE GENERAL LIABILITY INSURANCE. Before commencement of the work, the Contractor shall submit written evidence that he and all his Subcontractors have obtained for the period of the Contract, full Comprehensive General Liability Insurance coverage. This coverage shall provide for both bodily injury and property damage. (The Comprehensive General Liability Insurance will include as Additional Named Insured: The Owner, the Engineer and his consultants; and each of their officers agents and employees). A. Bodily Injury portion shall include coverage for injury, sickness or disease, and death, arising directly or indirectly out of, or in connection with the performance of work under this Contract, and shall provide for a limit of not less than one million dollars ($1,000,000) for all damages arising out of bodily injury, sickness or disease to or death of one person, and a total limit of two million dollars ($2,000,000) for damages arising out of bodily injury, sickness or disease and death of two or more persons in any one occurrence. B. Property Damage portion will provide for a limit of not less than that listed below for all damages arising out of injury to or destruction of property of others arising directly or indirectly out of or in connection with the performance of work under this Contract and in any one occurrence including explosion, collapse and underground exposure. 1. Automobile $1,000,000 General Conditions ---PAGE BREAK--- Project 05-10CUV GC-10 2. Other than automobile $1,000,000 each occurrence, $2,000,000 aggregate C. Indemnity: Included in such insurance will be Contractual Coverage sufficiently broad to insure the provisions of Paragraph 2.4.05 2.4.04 PROPERTY INSURANCE UPON THE WORK. Before commencement of the work, the Contractor shall submit written evidence that he has obtained, for the period of the Contract, property insurance upon the work at the site in the amount of the full replacement cost thereof.. This policy shall be written on a Builders' Risk "All-Risk" or open peril or special causes of loss policy form and include Completed Value Insurance coverage (including Flood and/or Earthquake) 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 least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, including flood. Such insurance shall be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner. Such insurance shall include as Additional Named Insured: The Owner; the Engineer and his 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. A. Deductible Clause: Such insurance may have a deductible clause but amount of deductible shall not exceed $250.00. 2.4.05 INDEMNITY. The Contractor shall hold harmless, indemnify and shall defend the Owner, 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 or the Engineer. Contractor shall procure and maintain in force, at its expense, the liability insurance required. 2.4.06 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. 2.4.07 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. 2.4.08 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). 2.4.09 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-11 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. 2.4.10 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. 2.4.11 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. 2.4.12 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. 2.4.13 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. 2.4.14 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. 2.4.15 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. 2.4.16 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. 2.4.17 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-12 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-13 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 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. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-14 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. 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. 2.6.06 INTEREST ON UNPAID REQUESTS FOR PAYMENT. No interest will be paid on unpaid requests for payment. General Conditions ---PAGE BREAK--- Project 05-10CUV GC-15 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. 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 General Conditions ---PAGE BREAK--- Project 05-10CUV GC-16 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. General Conditions ---PAGE BREAK--- MONTANA PREVAILING WAGES RATES FOR BUILDING CONSTRUCTION 2010 Effective: February 12, 2010 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates visit ERD at www.mtwagehourbopa.com or contact them at: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone [PHONE REDACTED] TDD [PHONE REDACTED] The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, on request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., Montana Code Annotated. It is required that each employer pay, as a minimum, the rate of wages, including fringe benefits, travel allowance, and per diem applicable to the district in which the work is being performed, as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and payment of prevailing wages. For detailed compliance information relating to public works projects and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. KEITH KELLY Commissioner Department of Labor and Industry State of Montana ---PAGE BREAK--- TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A. Date of Publication 3 B. Definition of Building Construction 3 C. Definition of Public Works Projects 3 D. Prevailing Wage Schedule 3 E. Rates to Use for Projects 3 F. Fringe Benefits 3 G. Per Diem 4 H. Prevailing Wage Districts 4 I. Computing Travel Benefits 4 J. Apprentices 5 K. Posting Notice of Prevailing Wages 5 L. Employment Preference 5 M. Building Construction Occupations Website 5 N. Welders’ Rates 5 O. Foremans’ Rates 5 BOILERMAKER 6 BRICK, BLOCK, AND STONE MASONS 6 CARPENTER 7 CEMETN MASONS (Including Plasterers) 8 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 2 8 OPERATORS GROUP 3 9 OPERATORS GROUP 4 9 OPERATORS GROUP 5 10 OPERATORS GROUP 6 10 OPERATORS GROUP 7 11 CONSTRUCTION LABORERS LABORERS GROUP 1 11 LABORERS GROUP 2 12 LABORERS GROUP 3 13 LABORERS GROUP 4 14 DRYWALL APPLICATOR 15 ELECTRICIAN (Including Building Automation Control) 16 ELEVATOR CONSTRUCTOR/REPAIRER 17 FLOOR LAYER 17 GLAZIER 18 HEATING AND AIR CONDITIONING 18 INSULATION WORKERS (Heat and Frost) 18 IRONWORKER-STRUCTURAL STEEL AND REBAR PLACER 19 MILLWRIGHT 19 PAINTER (Including Paperhanger) 20 PILE BUCK 20 PLUMBER, PIPEFITTER, AND STEAMFITTER 21 ROOFER 22 SHEET METAL WORKER 22 SPRINKLER FITTER 23 TAPER 23 TEAMSTERS GROUP 2 23 TELECOMMUNICATIONS EQUIPMENT INSTALLER 24 TILE SETTER 24 ---PAGE BREAK--- A. Date of Publication February 12, 2010 B. Definition of Building Construction For the purposes of Prevailing Wage, the Commissioner of Labor and Industry has determined that building construction occupations are defined to be those performed by a person engaged in a recognized trade or craft, or any skilled, semiskilled, or unskilled manual labor related to the construction, alteration, or repair of a public building or facility, and does not include engineering, superintendence, management, office or clerical work. The Administrative Rules of Montana (ARM) 24.17.501 – 2(a), Public Works Contracts for Construction Services Subject to Prevailing Wage Rates, states: “Building construction projects generally are the constructions of sheltered enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving. Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings (5 stories and above), arenas (closed), auditoriums, automobile parking garages, banks and financial buildings, barracks, churches, city halls, civic centers, commercial buildings, court houses, detention facilities, dormitories, farm buildings, fire stations, hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums, motels, museums, nursing and convalescent facilities, office buildings, out-patient clinics, passenger and freight terminal buildings, police stations, post offices, power plants, prefabricated buildings, remodeling buildings, renovating buildings, repairing buildings, restaurants, schools, service stations, shopping centers, stores, subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc.” C. Definition of Public Works Projects The Montana Code Annotated (18-2-401 (11) defines “public works contract” as “a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000…” D. Prevailing Wage Schedule This publication covers only Building Construction occupations and rates. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules for Heavy Construction, Highway Construction, and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. E. Rates to use for Projects Rates to be used on a public works projects are those that are in effect at the time the project and bid specifications are advertised. F. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states: To fulfill the obligation...a contractor or subcontractor may: pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or ---PAGE BREAK--- make payments using any combination of methods set forth in subsections and so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. The fringe benefit fund, plan, or program described in subsection must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. G. Per Diem Per Diem typically covers the costs associated with board and lodging expenses and are paid when an employee is required to work at a location outside the daily commuting distance and is required to stay overnight or longer. H. Prevailing Wage Districts Montana counties are aggregated into 10 districts for the purpose of prevailing wage. The prevailing wage districts are composed of the following counties: I. Computing Travel Benefits Travel pay, for the purposes of public works projects, shall be determined by measuring the road miles (one way) over the shortest practical maintained route from the county courthouse of the designated city for each district or the employee's home, whichever is closer, to the center of the job. Each city shall be considered the point of origin only for jobs within the counties identified in that district (as shown below): District 1 - Kalispell: includes Flathead, Lake, Lincoln, and Sanders Counties District 2 - Missoula: includes Mineral, Missoula, and Ravalli Counties District 3 - Butte: includes Beaverhead, Deer Lodge, Granite, Madison, Powell, and Silver Bow Counties District 4 - Great Falls: includes Blaine, Cascade, Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties District 5 - Helena: includes Broadwater, Jefferson, Lewis and Clark, and Meagher Counties District 6 - Bozeman: includes Gallatin, Park, and Sweet Grass Counties District 7 - Lewistown: includes Fergus, Golden Valley, Judith Basin, Musselshell, Petroleum, and Wheatland Counties District 8 - Billings: includes Big Horn, Carbon, Rosebud, Stillwater, Treasure, and Yellowstone Counties District 9 - Glasgow: includes Daniels, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, and Valley Counties District 10 - Miles City: includes Carter, Custer, Dawson, Fallon, Prairie, Powder River, and Wibaux Counties ---PAGE BREAK--- J. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. However, apprentices not registered in approved federal or state apprenticeship programs will be paid the prevailing wage rate when working on a public works contract. K. Posting Notice of Prevailing Wages Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are “performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work, and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” L. Employment Preference Sections 18-2-403 and 18-2-409, Montana Code Annotated, require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. M. Building Construction Occupations You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm N. Welders Welders receive rate prescribed for craft performing operation to which welding is incidental. O. Foreman occupations Rates are no longer set for foreman. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. ---PAGE BREAK--- WAGE RATES BOILERMAKER Wage Benefit District 1 $30.80 $19.34 District 2 $30.80 $19.34 District 3 $30.80 $19.34 District 4 $30.80 $19.34 District 5 $30.80 $19.34 District 6 $30.80 $19.34 District 7 $30.80 $19.34 District 8 $30.80 $19.34 District 9 $30.80 $19.34 District 10 $30.80 $19.34 Travel: (all districts) 0-120 mi. free zone 121+ mi. federal mileage rate/mi. Per Diem: (all districts) 0-70 mi. free zone 71-120 mi. $45/day 121+ mi. $60/day BRICK, BLOCK, AND STONE MASONS Wage Benefit District 1 $25.35 $ 9.91 District 2 $25.35 $ 9.91 District 3 $24.94 $10.45 District 4 $24.94 $10.45 District 5 $24.94 $10.45 District 6 $23.98 $ 9.91 District 7 $24.94 $10.45 District 8 $24.94 $10.45 District 9 $23.98 $ 9.91 District 10 $24.94 $10.45 Travel: (all districts) 0-45 mi. free zone 46-60 mi. $25/day 61-90 mi. $65/day 91+ mi. $75/day ---PAGE BREAK--- CARPENTER Wage Benefit District 1 $18.96 $6.67 District 2 $19.11 $8.85 District 3 $22.50 $8.10 District 4 $18.34 $8.40 District 5 $19.74 $5.30 District 6 $18.36 $4.50 District 7 $18.34 $8.40 District 8 $18.00 $8.12 District 9 $17.39 $5.20 District 10 $19.00 $8.40 Travel: Districts 1 & 2 0-30 mi. free zone 31-50 mi. $20/day 51+ mi. $30/day Travel: District 3 0-30 mi. free zone 31-50 mi. $18/day 51+ mi. $25/day Travel: Districts 4, 7, 9 0-15 mi. free zone 16-30 mi. base pay + $2.50/hr 31-50 mi. base pay + $3.75/hr 51+ mi. base pay + $6.25/hr Travel: Districts 5, 6 0-30 mi. free zone 31-60 mi. base pay + $3.70/hr 61+ mi. base pay + $5.60/hr Travel: District 8 0-15 mi. free zone 16-30 mi. $10/day 31-50 mi. $15/day 51+ mi. $25/day Travel: District 10 0-15 mi. free zone 16-30 mi. base pay + $0.75/hr 31-50 mi. base pay + $1.00/hr 51+ mi. base pay + $1.50/hr Duties Include: Install roll and batt Insulation. ---PAGE BREAK--- CEMENT MASON (Including Plasterers) Wage Benefit District 1 $17.73 $3.52 District 2 $18.33 $7.96 District 3 $20.24 $7.86 District 4 $18.33 $7.96 District 5 $18.33 $4.59 District 6 $18.33 $2.11 District 7 $18.33 $7.96 District 8 $17.70 $4.98 District 9 $18.33 $7.96 District 10 $18.33 $7.96 Travel: Districts 1 & 2 0-30 mi. free zone 31-60 mi. base pay + $1.05/hr 61+ mi. base pay + $1.50/hr Travel: Districts 3-10 0-30 mi. free zone 31-60 mi. base pay + $2.95/hr 61+ mi. base pay + $4.75/hr Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit District 1 $22.94 $9.05 District 2 $22.94 $9.05 District 3 $22.94 $9.05 District 4 $22.94 $9.05 District 5 $21.72 $6.64 District 6 $22.94 $9.05 District 7 $22.94 $9.05 District 8 $22.94 $9.05 District 9 $22.94 $9.05 District 10 $22.94 $9.05 Travel: (all districts) 0-30 mi. free zone 31-60 mi. base pay + $3.50/hr 61+ mi. base pay + $5.50/hr This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, to and incl. 3 cu.yds; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu.yds to and inc. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6ft; Trenching Machine; Washing /Screening Plant. ---PAGE BREAK--- CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit District 1 $23.34 $9.05 District 2 $23.34 $9.05 District 3 $23.34 $9.05 District 4 $23.34 $9.05 District 5 $21.97 $5.76 District 6 $18.77 $2.50 District 7 $23.34 $9.05 District 8 $23.34 $9.05 District 9 $23.34 $9.05 District 10 $23.34 $9.05 Travel: (all districts) 0-30 mi. free zone 31-60 mi. base pay + $3.50/hr 61+ mi. base pay + $5.50/hr This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit District 1 $24.00 $9.05 District 2 $24.00 $9.05 District 3 $24.00 $9.05 District 4 $24.00 $9.05 District 5 $24.00 $9.05 District 6 $24.00 $9.05 District 7 $24.00 $9.05 District 8 $24.00 $9.05 District 9 $24.00 $9.05 District 10 $24.00 $9.05 Travel: (all districts) 0-30 mi. free zone 31-60 mi. base pay + $3.50/hr 61+ mi. base pay + $5.50/hr This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons-44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. ---PAGE BREAK--- [10] CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit District 1 $24.50 $9.05 District 2 $24.50 $9.05 District 3 $24.50 $9.05 District 4 $24.50 $9.05 District 5 $24.50 $9.05 District 6 $24.50 $9.05 District 7 $24.50 $9.05 District 8 $24.50 $9.05 District 9 $24.50 $9.05 District 10 $24.50 $9.05 Travel: (all districts) 0-30 mi. free zone 31-60 mi. base pay + $3.50/hr 61+ mi. base pay + $5.50/hr This group includes but is not limited to: Cranes, 45 tons to and incl.74 tons. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit District 1 $25.60 $9.05 District 2 $25.60 $9.05 District 3 $25.60 $9.05 District 4 $25.60 $9.05 District 5 $25.60 $9.05 District 6 $25.60 $9.05 District 7 $25.60 $9.05 District 8 $23.00 $9.05 District 9 $25.60 $9.05 District 10 $25.60 $9.05 Travel: (all districts) 0-30 mi. free zone 31-60 mi. base pay + $3.50/hr 61+ mi. base pay + $5.50/hr This group includes but is not limited to: Cranes, 75 tons to and incl.149 tons; Cranes, Whirley (ALL). ---PAGE BREAK--- [11] CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit District 1 $26.10 $9.05 District 2 $26.10 $9.05 District 3 $26.10 $9.05 District 4 $26.10 $9.05 District 5 $26.10 $9.05 District 6 $26.10 $9.05 District 7 $26.10 $9.05 District 8 $26.10 $9.05 District 9 $26.10 $9.05 District 10 $26.10 $9.05 Travel: (all districts) 0-30 mi. free zone 31-60 mi. base pay + $3.50/hr 61+ mi. base pay + $5.50/hr This group includes but is not limited to: Cranes, 150 tons to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. CONSTRUCTION LABORERS GROUP 1 (Flag person) Wage Benefit District 1 $16.30 $6.52 District 2 $19.40 $6.72 District 3 $16.30 $6.52 District 4 $16.30 $6.52 District 5 $16.30 $6.52 District 6 $16.30 $6.52 District 7 $16.30 $6.52 District 8 $16.30 $6.52 District 9 $16.30 $6.52 District 10 $16.30 $6.52 Travel: Districts 1, 3, 4, 5, 6, 7, 8, 9, 10 0-15 mi. free zone 16-30 mi. base pay + $0.65/hr 31 50+ mi. base pay + $0.85/hr 51+ mi. base pay + $1.25/hr Travel: District 2 0-30 mi. free zone 31-60 mi. base pay + $1.50/hr 61+ mi. base pay + $2.00/hr ---PAGE BREAK--- [12] CONSTRUCTION LABORERS GROUP 2 Wage Benefit District 1 $17.25 $2.46 District 2 $15.10 $3.61 District 3 $17.11 $5.89 District 4 $15.69 $3.20 District 5 $16.71 $4.84 District 6 $15.32 $3.35 District 7 $17.30 $1.71 District 8 $14.35 $4.53 District 9 $15.15 $3.71 District 10 $17.25 $1.71 Travel: Districts 1, 4, 7, 8, 9, 10 0-15 mi. free zone 16-30 mi. base pay + $0.65/hr 31-50 mi. base pay + $0.85/hr 51+ mi. base pay + $1.25/hr Travel: District 2 0-30 mi. free zone 31-60 mi. base pay + $1.50/hr 61+ mi. base pay + $2.00/hr Travel: Districts 3, 5, 6 0-15 mi. free zone 16-30 mi. base pay + $1.55/hr 31-50 mi. base pay + $3.10/hr 51+ mi. base pay + $4.65/hr This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. ---PAGE BREAK--- [13] CONSTRUCTION LABORERS GROUP 3 Wage Benefit District 1 $17.30 $6.52 District 2 $19.80 $6.72 District 3 $18.33 $7.27 District 4 $16.25 $6.52 District 5 $17.89 $5.19 District 6 $17.34 $5.30 District 7 $17.30 $6.52 District 8 $17.30 $6.52 District 9 $17.30 $6.52 District 10 $17.30 $6.52 Travel: Districts 1, 4, 7, 8, 9, 10 0-15 mi. free zone 16-30 mi. base pay + $0.65/hr 31-50+ mi. base pay + $0.85/hr 51+ mi. base pay + $1.25/hr Travel: District 2 0-30 mi. free zone 31-60 mi. base pay + $1.50/hr 61+ mi. base pay + $2.00/hr Travel: Districts 3, 6 0-15 mi. free zone 16-30 mi. base pay + $0.65/hr 31-50 mi. base pay + $0.75/hr 51+ mi. base pay + $1.25/hr Travel: District 5 0-15 mi. free zone 16-30 mi. base pay + $0.93/hr 31-50 mi. base pay + $1.31/hr 51+ mi. base pay + $2.09/hr This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. ---PAGE BREAK--- [14] CONSTRUCTION LABORERS GROUP 4 Wage Benefit District 1 $16.35 $6.57 District 2 $18.01 $6.57 District 3 $15.00 $6.57 District 4 $19.00 $6.62 District 5 $22.09 $6.57 District 6 $21.50 $6.22 District 7 $19.00 $6.62 District 8 $14.00 $6.52 District 9 $17.35 $6.10 District 10 $17.35 $6.52 Travel: Districts 1, 4, 7, 8, 9, 10 0-15 mi. free zone 16-30 mi. base pay + $0.65/hr 31-50 mi. base pay + $0.85/hr 51+ mi. base pay + $1.25/hr Travel: District 2 0-30 mi. free zone 31-50 mi. base pay + $1.50/hr 50+ mi. base pay + $2.00/hr Travel: Districts 3, 5, 6 0-15 mi. free zone 16-30 mi. base pay + $1.55/hr 31-50 mi. base pay + $3.10/hr 51+ mi. base pay + $4.65/hr This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High- Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder including Air Arc. Note: ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ---PAGE BREAK--- [15] DRYWALL APPLICATOR Wage Benefit District 1 $18.70 $8.20 District 2 $20.65 $8.85 District 3 $22.50 $8.10 District 4 $18.34 $8.40 District 5 $19.74 $8.90 District 6 $19.74 $8.90 District 7 $18.34 $8.40 District 8 $18.15 $8.60 District 9 $18.34 $8.40 District 10 $19.00 $8.40 Travel: Districts 1 & 2 0-30 mi. free zone 31-50 mi. $20/day 51+ mi. $30/day Travel: District 3 0-30 mi. free zone 31-50 mi. $18/day 51+ mi. $25/day Travel: Districts 4, 7, 9 0-15 mi. free zone 16-30 mi. base pay + $2.50/hr 31-50 mi. base pay + $3.75/hr 51+ mi. base pay + $6.25/hr Travel: Districts 5, 6 0-30 mi. free zone 31-60 mi. base pay + $3.70/hr 61+ mi. base pay + $5.60/hr Travel: District 8 0-15 mi. free zone 16-30 mi. $10/day 31-50 mi. $15/day 51+ mi. $25/day Travel: District 10 0-15 mi. free zone 16-30 mi. base pay + $0.75/hr 31-50 mi. base pay + $1.00/hr 51+ mi. base pay + $1.50/hr Duties Include: Drywall and ceiling tile installation. ---PAGE BREAK--- [16] ELECTRICIAN (INCLUDING BUILDING AUTOMATION CONTROL) Wage Benefit District 1 $27.02 $ 9.89 District 2 $26.92 $ 9.89 District 3 $26.27 $10.92 District 4 $27.00 $ 9.94 District 5 $27.03 $10.21 District 6 $26.29 $ 9.72 District 7 $28.36 $10.80 District 8 $28.15 $10.73 District 9 $28.15 $10.73 District 10 $29.55 $10.73 Travel: Districts 1 & 2 0-10 mi. free zone 11-45 mi. $0.45/mi. Per Diem: Districts 1 & 2 $45/day Travel: District 3 0-10 mi. free zone 11-55 mi. federal mileage rate/mi. Per Diem: District 3 $60/day Travel: Districts 4, 5, 7 0-8 mi. free zone 9-50 mi. federal mileage rate/mi. Per Diem: Districts 4, 5, 7 $54/day Travel: District 6 19-60 mi. federal mileage rate/mi. 0-18 mi. free zone Per Diem: District 6 $55/day Travel: Districts 8, 9, 10 0-18 mi. free zone 19-60 mi. federal mileage rate/mi. Per Diem: Districts 8, 9, 10 $75/day Duties Include: Electrical wiring; equipment and fixtures; street lights; electrical control systems. ---PAGE BREAK--- [17] ELEVATOR CONSTRUCTOR Wage Benefit District 1 $42.91 $21.89 District 2 $42.91 $21.89 District 3 $42.91 $21.89 District 4 $42.91 $21.89 District 5 $42.91 $21.89 District 6 $42.91 $21.89 District 7 $42.91 $21.89 District 8 $42.91 $21.89 District 9 $42.91 $21.89 District 10 $42.91 $21.89 Travel: (all districts) 0-15 mi. free zone 16-25 mi. $32.46 26-35 mi. $64.91 35+ mi. actual travel time (at the prevailing wage rate) + $0.63/mi. Per Diem: (all districts) $72.55/day FLOOR LAYER Wage Benefit District 1 $15.11 $6.27 District 2 $16.60 $6.27 District 3 $20.00 $8.20 District 4 $16.60 $6.27 District 5 $16.60 $6.27 District 6 $20.00 $8.20 District 7 $16.60 $6.27 District 8 $20.00 $8.20 District 9 $16.60 $6.27 District 10 $20.00 $8.20 Travel: Districts (all districts) 0-10 mi. free zone 11+ mi. $0.40/mi. Per Diem: Districts 1, 2, 4, 5, 7, 9 $32/day Per Diem: Districts 3, 6, 8, 10 Employer pays transportation expenses Duties Include: Apply blocks, strips, or sheets of shock-absorbing, sound-deadening, or decorative coverings to floors, including carpets. Scrap, sand, and apply of coats of finish to wooden floors. ---PAGE BREAK--- [18] GLAZIER Wage Benefit District 1 $16.60 $6.27 District 2 $16.60 $6.27 District 3 $20.00 $8.20 District 4 $16.60 $6.27 District 5 $13.00 $0.70 District 6 $18.92 $2.69 District 7 $16.60 $6.27 District 8 $13.35 $4.94 District 9 $16.60 $6.27 District 10 $20.00 $8.20 Travel: Districts (all districts) 0-10 mi. free zone 11+ mi. $0.40/mi. Per Diem: Districts 1, 2, 4, 5, 7, 9 $32/day Per Diem: Districts 3, 6, 8, 10 Employer pays transportation expenses. HEATING AND AIR CONDITIONING Wage Benefit District 1 $25.09 $13.07 District 2 $25.09 $13.07 District 3 $25.09 $13.07 District 4 $25.09 $13.07 District 5 $25.09 $13.07 District 6 $25.09 $13.00 District 7 $25.09 $13.07 District 8 $25.09 $13.07 District 9 $25.09 $13.07 District 10 $25.09 $13.07 Travel: (all districts) 0-30 mi. free zone 31+ mi. $0.25/mi. in employer’s vehicle; $0.55/mi. in employee’s vehicle Per Diem: (all districts) $50/day INSULATION WORKER-MECHANICAL (HEAT AND FROST) Wage Benefit District 1 $24.24 $13.90 District 2 $24.24 $13.90 District 3 $24.24 $13.90 District 4 $23.34 $12.30 District 5 $24.24 $13.90 District 6 $24.24 $12.90 District 7 $24.24 $13.90 District 8 $24.24 $12.90 District 9 $24.24 $13.90 District 10 $24.24 $13.90 Travel: (all districts) 0-30 mi. free zone 31-40 mi. $16.50/day 41-50 mi. $21/day 51-60 mi. $26.50/day 61-70 mi. $37.50/day Per Diem: (all districts) 71+ mi. $63/day + $0.40/mi. Duties Include: Insulate pipes, ductwork or other mechanical systems. ---PAGE BREAK--- [19] CORRECTED IRONWORKER-STRUCTURAL STEEL AND REBAR PLACER Wage Benefit District 1 $24.17 $15.80 District 2 $24.17 $15.80 District 3 $24.75 $13.80 District 4 $25.30 $16.76 District 5 $24.75 $13.80 District 6 $24.75 $13.80 District 7 $25.30 $16.76 District 8 $24.75* $13.80* District 9 $20.45 $12.76 District 10 $24.75 $13.80 Travel: Districts 1 & 2 0-45 mi. free zone 46-60 mi. $30/day 61-100 mi. $55/day 101+ mi. $75/day Travel: Districts 3-10 0-45 mi. free zone 46-85 mi. $45/day 86+ mi. $75/day *Corrected 03/24/2010 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. MILLWRIGHT Wage Benefit District 1 $24.65 $8.85 District 2 $24.65 $8.85 District 3 $24.75 $8.10 District 4 $19.34 $8.40 District 5 $23.74 $8.90 District 6 $23.74 $8.90 District 7 $19.34 $8.40 District 8 $26.40 $8.60 District 9 $19.34 $8.40 District 10 $19.34 $8.40 Travel: Districts 1 & 2 0-30 mi. free zone 31-50 mi. $20/day 51+ mi. $30/day Travel: District 3 0-30 mi. free zone 31-50 mi. $18/day 51+ mi. $25/day Travel: Districts 4, 7, 9 0-15 mi. free zone 16-30 mi. base pay + $2.50/hr 31-50 mi. base pay + $3.75/hr 51+ mi. base pay + $6.25/hr Travel: Districts 5, 6 0-30 mi. free zone 31-60 mi. base pay + $3.70/hr 61+ mi. base pay + $5.60/hr Travel: District 8 0-15 mi. free zone 16-30 mi. $10/day 31-50 mi. $15/day 51+ mi. $25/day Travel: District 10 0-15 mi. free zone 16-30 mi. base pay + $0.75/hr 31-50 mi. base pay + $1.00/hr 51+ mi. base pay + $1.50/hr ---PAGE BREAK--- [20] PAINTER (Including Paperhanger) Wage Benefit District 1 $16.60 $6.27 District 2 $16.60 $6.27 District 3 $20.00 $8.20 District 4 $16.60 $6.27 District 5 $16.60 $6.27 District 6 $18.30 $0.57 District 7 $16.60 $6.27 District 8 $16.25 $2.00 District 9 $16.60 $6.27 District 10 $20.00 $8.20 Travel: Districts (all districts) 0-10 mi. free zone 11+ mi. $0.40/mi. Per Diem: Districts 1, 2, 4, 5, 7, 9 $32/day Per Diem: Districts 3, 6, 8, 10 Employer pays transportation expenses. PILE BUCK Wage Benefit District 1 $20.20 $8.85 District 2 $20.20 $8.85 District 3 $23.00 $8.10 District 4 $18.34 $8.40 District 5 $19.99 $8.90 District 6 $19.99 $8.90 District 7 $18.34 $8.40 District 8 $19.99 $8.90 District 9 $18.34 $8.40 District 10 $18.34 $8.40 Travel: Districts 1 & 2 0-30 mi. free zone 31-50 mi. $20/day 51+ mi. $30/day Travel: District 3 0-30 mi. free zone 31-50 mi. $18/day 51+ mi. $25/day Travel: Districts 4, 7, 9, 10 0-15 mi. free zone 16-30 mi. $2.50/hr 31-50 mi. $3.75/hr 51+ mi. $6.25/hr Travel: Districts 5, 6, 8 0-30 mi. free zone 31-60 mi. $3.70/hr 61+ mi. $5.60/hr Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. ---PAGE BREAK--- [21] PLUMBERS, PIPEFITTERS AND STEAMFITTERS Wage Benefit District 1 $26.21 $11.23 District 2 $26.31 $10.82 District 3 $28.00 $10.75 District 4 $28.00 $10.75 District 5 $28.00 $10.75 District 6 $27.06 $ 6.60 District 7 $27.15 $13.05 District 8 $27.15 $12.95 District 9 $27.15 $12.95 District 10 $27.15 $12.95 Travel: Districts 1 & 2 0-30 mi. free zone 31-50 mi. $20/day 51-75 mi. $35/day Per Diem: Districts 1 & 2 76+ mi. $70/day Travel: Districts 3, 4, 5, 6 0-40 mi. free zone 41-80 mi. $15/day 81+ mi. $30/day Per Diem: Districts 3, 4, 5, 6 0-40 mi. free zone 41-80 mi. $30/day 81+ mi. $70/day Travel: Districts 7, 8, 9, 10 0-40 mi. free zone 41+ mi. $0.55/m. Per Diem: Districts 7, 8, 9, 10 $70/day Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. ---PAGE BREAK--- [22] ROOFER Wage Benefit District 1 $20.63 $8.45 District 2 $20.63 $8.45 District 3 $18.00 $6.35 District 4 $18.00 $6.35 District 5 $18.00 $2.88 District 6 $16.59 $3.94 District 7 $18.90 $0.54 District 8 $18.90 $0.54 District 9 $18.90 $0.54 District 10 $12.00 $0.54 Travel: Districts 1 & 2 (Company vehicle) 0-50 mi. free zone 51+ mi. $0.30/mi. one way (Employees vehicle) No free zone $0.30/mi. both ways Per Diem: Districts 1 & 2 $48/day $24/last day Travel: Districts 3, 4, 5, 6 Prevailing wage paid one way for travel outside the city limits of each designated city of each district. Per Diem: Districts 3, 4, 5, 6 Room + $23/day. Travel: Districts 7, 8, 9, 10 (Company vehicle) 0-30 mi. free zone 31+ mi. prevailing wage rate both ways one-time (Employees vehicle) No free zone $0.25/mi. both ways Per Diem: Districts 7, 8, 9, 10 $35/day SHEET METAL WORKER Wage Benefit District 1 $25.09 $10.02 District 2 $25.09 $13.07 District 3 $25.09 $13.07 District 4 $25.09 $13.07 District 5 $25.09 $13.07 District 6 $23.27 $ 6.85 District 7 $25.09 $13.07 District 8 $25.09 $13.07 District 9 $25.09 $13.07 District 10 $25.09 $13.07 Travel: (all districts) 0-30 mi. free zone 31+mi. $0.25/mi. in employer’s vehicle; $0.55/mi. in employee’s vehicle Per Diem: (all districts) $50/day ---PAGE BREAK--- [23] SPRINKLER FITTER Wage Benefit District 1 $29.50 $15.55 District 2 $29.50 $13.50 District 3 $29.50 $15.55 District 4 $29.50 $15.55 District 5 $29.50 $15.55 District 6 $29.50 $15.55 District 7 $29.50 $15.55 District 8 $28.09 $ 6.62 District 9 $29.50 $15.55 District 10 $29.50 $15.55 Travel: (all districts) 0-60 mi. free zone 61-80 mi. $15/day 81-100 mi. $25/day 101+ mi. $0.40 mi. + ¼ of the prevailing wage rate for every 15 mi. traveled, not to exceed 8 hours per day in any 24 hour period. Per Diem: (all districts) $75/day when travelling in excess of 100 mi. TAPER Wage Benefit District 1 $16.22 $5.92 District 2 $16.60 $6.27 District 3 $20.00 $8.20 District 4 $16.60 $6.27 District 5 $16.60 $6.27 District 6 $20.00 $8.20 District 7 $16.60 $6.27 District 8 $20.00 $8.20 District 9 $16.60 $6.27 District 10 $20.00 $8.20 Travel: (all districts) 0-10 mi. free zone 11+ mi. $0.40/mi. Per Diem: Districts 1, 2, 4, 5, 7, 9 $32/day Per Diem: Districts 3, 6, 8, 10 Employer pays transportation expenses. TEAMSTERS GROUP 2 Wage Benefit District 1 $21.45 $6.60 District 2 $21.45 $6.60 District 3 $21.45 $6.60 District 4 $21.45 $6.60 District 5 $21.45 $6.60 District 6 $21.45 $6.60 District 7 $21.45 $6.60 District 8 $21.45 $6.60 District 9 $21.45 $6.60 District 10 $21.45 $6.60 Travel: (all districts) 0-15 mi. free zone 16-30 mi. base pay + $0.65/hr 31-50 mi base pay + $0.85/hr 51+mi. base pay + $1.25/hr ---PAGE BREAK--- [24] TELECOMMUNICATIONS EQUIPMENT INSTALLERS Wage Benefit District 1 $21.81 $8.61 District 2 $21.81 $8.61 District 3 $21.66 $6.94 District 4 $21.66 $6.94 District 5 $21.66 $6.94 District 6 $21.38 $7.27 District 7 $21.81 $8.61 District 8 $20.80 $4.75 District 9 $21.66 $6.94 District 10 $21.81 $8.61 Travel: (all districts) Federal mileage rate/mi. Per Diem: (all districts) Employer pays for meals and lodging up to $70/day. Duties Include: Install voice; sound; vision and data systems. This occupation includes burglar alarms, fire alarms, fiber optic systems, and video systems for security or entertainment. TILE AND MARBLE SETTER Wage Benefit District 1 $17.74 $9.96 District 2 $17.74 $9.96 District 3 $17.74 $9.96 District 4 $17.74 $9.96 District 5 $17.74 $9.96 District 6 $17.74 $9.96 District 7 $17.74 $9.96 District 8 $17.74 $9.96 District 9 $17.74 $9.96 District 10 $17.74 $9.96 Travel: (all districts) 0-45 mi. free zone 46-60 mi. $25/day 61-90 mi. $65/day 91+ mi. $75/day