m2lt project manual & specifications

DJ&A, P.C. Engineers. Planners. Surveyors.3203 Russell Street / Missoula, MT 59801Ph: 406/721-4320 F: 406/549-6371

www.djanda.com since 1973

Project Manual & Specifications

January 7, 2015

TABLE OF CONTENTS Page 1 of 2

TABLE OF CONTENTS DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE

CONTRACT 00100 INVITATION TO BID 00200 INSTRUCTIONS TO BIDDERS 00300 BID FORM 00430 BID BOND FORM 00500 AGREEMENT FORM MISSOULA COUNTY 00510 NOTICE OF AWARD 00550 NOTICE TO PROCEED 00610 PERFORMANCE BOND 00615 PAYMENT BOND 00620 CONTRACTORS APPLICATION FOR PAYMENT 00625 CERTIFICATE OF SUBSTANTIAL COMPLETION 00630 WORK CHANGE DIRECTIVE 00635 CHANGE ORDER 00640 FIELD ORDER 00700 GENERAL CONDITIONS 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS 00900 REQUIRED CONTRACT PROVISIONS (FHWA-1273) 00910 CERTIFICATE OF COMPLIANCE WITH BUY AMERICA LAW AND PROVISION 00920 MONTANA PREVAILING WAGE RATES

SPECIAL PROVISIONS

DIVISION 1 GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01030 PERMITS 01041 PROJECT COORDINATION AND SCHEDULE 01050 FIELD ENGINEERING 01090 REFERENCES 01300 SUBMITTALS 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE 01500 CONSTRUCTION AND TEMPORARY FACILITIES 01570 CONSTRUCTION TRAFFIC CONTROL 01600 SOIL EROSION AND POLLUTION CONTROL 01700 CONTRACT CLOSEOUT 01710 MOBILIZATION 01800 MISCELLANEOUS WORK

DIVISION 2 SITE WORK 02110 GEOTEXTILES 02112 REMOVAL OF EXISTING PAVEMENT, CONCRETE, CURB, SIDEWALKS, DRIVEWAYS,

AND/OR OTHER ITEMS 02113 ADJUSTING EXISTING MANHOLES, LAMPHOLES, INLETS, WATER VALVE BOXES,

WATER SERVICES AND FIRE HYDRANTS TO GRADE 02114 RELOCATING OR REMOVING UTILITY POLES, STREET SIGNS, MAILBOXES, AND

FENCES 02231 TRAIL EXCAVATION 02235 CRUSHED BASE COURSE 02236 STABILIZED RECYCLED ASPHALT PAVEMENT BASE COURSE

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02401 RETAINING WALLS 02402 SOIL NAIL RETAINING WALLS 02403 GRAVITY OR MSE RETAINING WALLS 02406 GEOSYNTHETIC REINFORCED SOIL SLOPES 02407 UNIAXIAL GEOGRID 02502 ASPHALT PRIME AND/OR TACK COAT 02510 ASPHALT CONCRETE PAVEMENT 02528 CONCRETE CURB AND GUTTER 02529 CONCRETE SIDEWALKS, DRIVEWAYS, APPROACHES, CURB TURN FILLETS, VALLEY

GUTTERS AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION 02581 PAVEMENT MARKINGS AND MARKERS (PRE-FORMED PLASTIC, PAINTS AND

ENAMELS) 02725 DRAINAGE CULVERTS 02810 LANDSCAPE IRRIGATION SYSTEM 02900 LANDSCAPING 02910 SEEDING 02950 BICYCLE AND PEDESTRIAN COUNTERS 02960 PEDESTRIAN SIGNALS

DIVISION 3 CONCRETE 03210 REINFORCING STEEL 03310 STRUCTURAL CONCRETE

DIVISION 4 BRIDGE 04000 BRIDGE SPECIAL PROVISIONS

Section 00100 6th Edition INVITATION TO BID

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SECTION 00100 INVITATION TO BID

Separate sealed bids for construction of the Missoula to Lolo Trail Project will be received by Missoula County at the office of Missoula County Public Works at 6089 Training Drive, Missoula, MT 59808 until 10:00 a.m. local time on February 3, 2015, and then publicly opened and read aloud.

The project consists of constructing a paved bicycle and pedestrian trail between the communities of Missoula and Lolo within public right of way. Primary work items include trail excavation, constructing embankments, retaining walls, recycled asphalt pavement (RAP) base course, asphalt concrete pavement, concrete bridge deck retrofit, fencing, railing, concrete curb and gutter, concrete sidewalk, traffic control, landscaping, and associated work.

The contract documents consisting of Drawings and Project Manual may be examined or obtained at the office of DJ&A, P.C. at 3203 S. Russell Street, Missoula, MT 59801 in accordance with Article 2.01 of Instructions To Bidders. Required deposit is $125.00 per set, which is not refundable.

In addition, the Drawings and Project Manual may also be examined at the following locations:

Missoula Plans Exchange, 201 N. Russell, Missoula, MT 59801 Montana Plans Exchange, 2303 Hwy 2 East, Kalispell, MT 59901

There will be a Pre-Bid Conference at the office of Missoula County Public Works at 6089 Training Drive, Missoula, MT 59808 at 1:30 p.m. local time on January 20, 2015. Interested CONTRACTORS are encouraged to attend.

CONTRACTOR and any of the CONTRACTORS subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Missoula County and the state of Montana. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

Each bid or proposal must be accompanied by a Certified Check, Cashiers Check, or Bid Bond payable to Missoula County Public Works Dept., in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of

Section 00100 6th Edition INVITATION TO BID

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the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided.

This project is funded in part with grant/loan funding from the US Department of Transportations Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program.

Award of the project will be contingent upon receiving funding and award concurrence from the Federal Highway Administration

No bid may be withdrawn after the scheduled time for the public opening of bids, which is 10:00 a.m. local time, February 3, 2015.

The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER.

Missoula County is an Equal Opportunity Employer.

Published in Missoula, Montana, this 11th, 18th and 25th day of January, 2015.

Gregory H. Robertson, P.E., AICP, CFM Chief Public Works Officer Missoula County Government 6089 Training Drive Missoula, MT 59801

Section 00200 6th Edition INSTRUCTION TO BIDDERS

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SECTION 00200 INSTRUCTIONS TO BIDDERS

ARTICLE 1- DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and the Supplementary Conditions. Additional terms used in these Instructions To Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder - The individual or entity who submits a Bid directly to OWNER

B. Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder - The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNERs evaluations as hereinafter provided) makes an award.

ARTICLE 2- COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Invitation to Bid may be obtained from the Issuing Office. The deposit will not be refunded.

2.02 Complete sets of Bidding Documents must be used in preparing Bids; the Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 The Owner in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

ARTICLE 3- QUALIFICATION OF BIDDERS

3.01 To demonstrate Bidders qualifications to perform the Work, within five (5) days of OWNERs request, Bidder shall submit written evidence, such as financial data, previous experience in performing comparable work, present commitments and other such data as may be called for in the Special Provisions.

In determining the lowest responsible bid, the following elements will be considered:


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whether the BIDDER involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work; and (d) has appropriate technical experience.

Each BIDDER may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No BIDDER will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The BIDDER shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them.

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidders representations and certifications.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA AND SITE

4.01 Subsurface and Physical Conditions

A. The Special Provisions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that OWNER has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that OWNER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.02.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any technical data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon


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information and data furnished to OWNER by owners of such Underground Facilities, including OWNER, or others. OWNER does not assume responsibility for the accuracy or completeness thereof unless expressly provided otherwise elsewhere.

4.03 Hazardous Environmental Condition

A. The Special Provisions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that OWNER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in the Special Provisions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any technical data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions.

4.05 Upon request, OWNER will provide Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06

A. Reference is made to the Special Provisions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each bidder for examination access to or copies of Contract Documents (other than portions


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thereof related to price) for such work.

B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Special Provisions.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Biding Documents including any Addenda and the other related data identified in the Bidding Documents;

B. Visit the site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; including but not limited to those general and local conditions affecting transportation, disposal, handling and storage facilities, availability of labor, water, power, roads, climactic conditions and seasons, physical conditions at the work Sites and project area as a whole, job site topography and ground conditions, equipment and facilities needed preliminary to and during work prosecution,

C. Become familiar with and satisfy Bidder as to all Federal, State and Local Laws and Regulations that may affect cost, progress, or performance of the Work;

D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions;

E. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. Agree at the time of submitting its bid that no further examinations, investigations, exploration, tests, studies or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;


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G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicted in the Bidding Documents;

H. Correlate the information know to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Promptly give OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by OWNER is acceptable to the Bidders; and

J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences or procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given OWNER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by OWNER are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 PRE-BID CONFERENCE

5.01 A pre-Bid conference will be held at the time and place listed in the Invitation To Bid. Representatives of OWNER will be present to discuss the project. Bidders are encouraged to attend and participate in the conference. OWNER will transmit to all prospective bidders of record such Addenda as OWNER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6- SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR Easement for permanent structures or permanent changes in existing


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facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents.

ARTICLE 7-INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to OWNER in writing. Interpretations or clarifications considered necessary by OWNER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by OWNER as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions must be submitted via email to Greg Robertson at [email protected] .

7.02 Addenda may be issued to clarify, correct or change the Bidding Documents as deemed advisable by OWNER.

7.03 Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read.

ARTICLE 8-BID SECURITY

8.01 A Bid must be accompanied by Bid Security made payable to OWNER in an amount of ten percent (10%) of Bidders maximum Bid price and in the form of cash, a cashiers check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana; or a Bid Bond (on a form attached if a form is prescribed) issued by a surety authorized to do business in Montana meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid Security of the Successful BIDDER will be retained until such BIDDER has executed the Contract Documents and furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of (7) seven days after the Effective Date of the Agreement or (61) sixty-one days after the


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Bid opening, whereupon Bid Security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after Bid opening.

ARTICLE 9- CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement.

ARTICLE 10- LIQUIDATED DAMAGES

10.01 For each calendar day the contract remains uncompleted after the specified contract completion time, including approved adjustments, a daily charge will be made against the contract. This daily charge, determined from the table below will be deducted from any money due the Contractor. This deduction is for liquidated damages for added Owner contract administration costs for failure to complete the work on time.

ORIGINAL CONTRACT AMOUNT DAILY CHARGE From More Than To and Including Calendar Day

$ 0 $ 50,000 $ 478 $ 50,000 $ 100,000 $ 618 $100,000 $ 500,000 $ 967 $ 500,000 $ 1,000,000 $ 1,171

$ 1,000,000 $ 2,000,000 $ 1,505 $ 2,000,000 $ 5,000,000 $ 2,341 $ 5,000,000 $ 10,000,000 $ 2,804 $ 10,000,000 $ 3,379

ARTICLE 11- SUBSTITUTE AND OR-EQUAL ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or or-equal items. Whenever it is indicted in the Bidding Documents that a substitute or or equal item of material or equipment may be furnished or used by CONTRACTOR if acceptable to OWNER, application for such acceptance will not be considered by OWNER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by OWNER is set forth in Paragraphs 6.05 of the General Conditions and may be supplemented in the General Requirements or Special Provisions.


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ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Special Provisions require or the OWNER would request the identity of certain Subcontractors, Suppliers, individuals or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall will within five (5) days after Bid opening submit to OWNER a list of all such Subcontractors, Suppliers, individuals or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER alters due investigation has reasonable objection to any proposed Subcontractor, Supplier, individual or entity OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If the apparent Successful Bidder declines to make any such substitution, the OWNER may determine such Bidder to be non-responsive and reject the Bid. Declining to make requested substitution will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any Subcontractor, Supplier, individual or entity so listed and against which OWNER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection.

12.04 CONTRACTOR shall submit form showing acceptance by all Subcontractors to required contract provisions contained in FHWA 1273.

ARTICLE 13- PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the OWNER. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations there from may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular.

13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein, or the words No Bid, No Change, or Not Applicable entered.


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13.03 Bids by a corporation must be executed in the corporate name by the president or a vice-president or other corporate officer who is authorized to bind the corporation, and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid of a corporation, which is signed by a person other than a corporate officer, must be accompanied by evidence of authority to sign.

13.04 A bid by a partnership shall be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The State of formation of the firm and the official address of the firm must be shown below the signature.

13.06 A Bid by an individual shall show the Bidders name and official address.

13.07 A Bid by a Joint Venture shall be executed by each Joint Venturer in the manner indicated on the Bid form. The official address of the Joint Venture must be shown below the signature.

13.08 All signatures are to be in ink and names must be typed or printed below the signature. The title of the person(s) executing the Bid shall be clearly indicated beneath the signature.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). Bids in which all issued addenda are not acknowledged will be considered incomplete and will not be read.

13.010 The address and telephone number for communications regarding the Bid must be shown.

13.011 Current Montana Contractors registration number, if any, must be shown.

ARTICLE 14- BASIS OF BID; EVALUATION OF BIDS

14.01 Bids.

A. Bidders shall submit a Bid on a unit price and/or lump sum basis for each item of Work listed in the Bid schedule as provided in the Bid form. The Bid will not be considered unless the Bid Form contains prices for all unit price and/or lump sum items, and options, as shown on the Bid Form. Bids and totals shall be shown legibly in their proper locations. The total amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form shall be


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manually signed.

B. The total of all estimated prices for the work will be determined as the sum of the products of the estimated quantity of each item and the unit price bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit price will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

D. There are two base bid schedules and one optional bid schedule as part of this project. The sum total of the TWO BASE BID SCHEDULES ONLY will be used to determine the low bidder for the project. The prices contained in the Optional Bid Schedule will not be used to determine the low bidder. The Optional Bid Schedule will be awarded at the discretion of Missoula County based on available funds. Missoula County may exercise its right to award the work associated with Optional Bid Schedule up to 90 calendar days after the bid opening date to the Successful Bidder.

ARTICLE 15 - SUBMITTAL OF BID

15.01 Each prospective Bidder is to execute one copy of the Bidding Documents. The Bid form is to be completed and submitted with the Bid security along with additional documents, if any, as identified in the Special Provisions.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the bid is submitted), the name and address of Bidder, and, shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation BID ENCLOSED. A mailed bid shall be addressed to the address shown in the Invitation To Bid.

15.03

A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instruction to Bidders.

B. Alternative Bids will not be considered unless called for.


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C. Bids by telephone, telegraph, fax or other telecommunication systems will not be considered.

ARTICLE 16- MODIFICATION AND WITHDRAWAL OF BIDS

16.01 Bids may be modified or withdrawn by art appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid.

16.02 If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17- OPENING OF BIDS

17.01 Bids will be opened at the time set for opening in the Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

ARTICLE 18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19- AWARD OF CONTRACT

19.01 OWNER reserves the right to reject any and all Bids, including without limitation, nonconforming, non responsive, unbalanced or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. OWNER reserves the right to reject the Bid of any


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Bidder if OWNER believes it would not be in the best interest of the Project to make an award to that Bidder whether because Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of the Bidder and the rejection of all Bids in which that bidder has an interest.

19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Special Provisions.

19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals or entities to perform the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, OWNER will award the Contract to the responsible bidder whose Bid, conforming with all material terms and conditions of the Bidding Documents, is lowest price, in the best interest of the Project, and other factors considered, The OWNER reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the OWNER. The OWNER reserves the right to cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the OWNER.

ARTICLE 20 CONTRACT SECURITY

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNERs requirements as to Performance Bond, Payment Bond, and certificates of insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and insurance.


Page 13 of 13

ARTICLE 21- SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver at least six (6) counterparts of the Agreement and attached documents to OWNER. Within fifteen (15) days thereafter OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings and Specifications.

ARTICLE 22- STATE LAWS AND REGULATIONS

22.01 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with, include but are not limited to, those involving workmens compensation insurance, contractor registration, employment preference to Montana contractors and Montana residents, and gross receipts tax.1

END OF SECTION 00200

Section 00300 6th Edition BID FORM Page 1 of 11

SECTION 00300

BID FORM

PROJECT IDENTIFICATION:

Missoula to Lolo Trail_ (Name of Project) _____________________________Missoula County

(Location)

CONTRACT IDENTIFICATION AND NUMBER:

Missoula to Lolo Trail Missoula County Project #12-5736

THIS BID SUBMITTED TO:

(Organization)

(Street; P.O. Box)

(City) (State) (Zip Code)

1.01 The undersigned Bidder proposes and agrees if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents, to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and Instructions to Bidders, including without limitations those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.


3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged:

Addendum No. Addendum Date ___________ __________

___________ __________

___________ __________

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazard Environmental Condition, if any, which has been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions.

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of the Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents.


I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder .

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

The Bidder certifies that no official of the Owner, Engineer or any member of such officials immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the Bidder.

5.01 The Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

BASE SCHEDULE (COUNTY) ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

101 MOBILIZATION 1 LPSM

102 CONSTRUCTION SCHEDULE 1 LPSM

103 SOIL EROSION CONTROL 1 LPSM

104 CLEARING AND GRUBBING 22.0 ACRE

105 REMOVAL OF GUARDRAIL 226 LNFT

106 REMOVAL OF PAVEMENT, ASPHALT 7700 SQYD

107 REMOVAL OF CURB AND GUTTER 1750 LNFT

108 REMOVAL OF SIDEWALK 790 SQYD

109 REMOVAL OF UTILITY POLE 3 EACH

110 EXCAVATION 14500 CUYD

111 SUB-EXCAVATION 500 CUYD

112 IMPORTED BORROW 92500 TON

113 RECYCLED ASPHALT BASE 5400 CUYD

114 MINOR HOT ASPHALT PAVEMENT 4800 TON

115 GEOGRID, BIAXIAL 9550 SQYD

116 PERMANENT TURF REINFORCEMENT MAT 2850 SQYD

117 18-INCH PIPE CULVERT 12 LNFT




120 FLARED END SECTION, FET 2 EACH

121 SUMP 4 EACH

122 RETAINING WALL 1154 SQYD

123 CURB AND GUTTER, CONCRETE 1950 LNFT

124 SIDEWALK, CONCRETE 4" THICKNESS 2200 SQYD


126 TRUNCATED DOMES 1100 SQFT

127 BOULDER PLACEMENT 22 EACH

128 GAURDRAIL SYSTEM 550.0 LNFT

129 GUARDRAIL END TERMINAL 5 EACH

130 REMOVE AND RESET GUARDRAIL SYSTEM 850 LNFT

131 MISCELLANEOUS WORK 30000 EACH $1.00 $30,000 132 PLACE CONSERVED TOPSOIL 13.0 ACRE 133 SEEDING, DRY METHOD 13.0 ACRE

134 SIGN SYSTEM, PERMANENT TRAFFIC CONTROL 21 EACH

135 SIGN SYSTEM, PEDESTRIAN SIGNS 20 EACH

136 REMOVE AND RESET SIGN 54 EACH

137 REMOVE AND REPLACE MAILBOX 7 EACH

138 WOOD POST AND POLE FENCE 6700 LNFT

139 SMOOTH WIRE, WOOD POST FENCE 600 LNFT

140 HANDRAIL 400 LNFT

141 4" DIA CONDUIT CROSSING TRAIL 600 LNFT

142 PAVEMENT MARKINGS, EPOXY 1 LPSM

143 TEMPORARY TRAFFIC CONTROL 300800 EACH

144 RELOCATE EXISTING UTILITIES, OVERHEAD STREET LAMP 2 EACH

145 RELOCATE EXISTING UTILITIES TRAIL LIGHT 3 EACH

146 CAP EXISTING WELL 1 EACH

147 PUSH BUTTON, PEDESTRIAN, APS WITH VOICE MESSAGING 14 EACH

148 SIGNAL POLE, PEDESTRIAN, TYPE I-100, CONCRETE BASE 6 EACH

149 LED COUNTDOWN SIGNAL INDICATOR 14 EACH

150 PULL BOX, COMPOSITE, TYPE 2 4 EACH

151 REMOVE SIGNAL POLE, PEDESTRIAN 4 EACH

152 BICYCLE AND PEDESTRIAN COUNTER 3 EACH

153 W-BEAM GUARDRAIL STIFFENING & RUB RAIL 3450 LNFT


154 CONCRETE - CLASS DECK 95 CUYD

155 SCUPPER 16 EACH

156 JOINT SEALS - SILICONE 15 LNFT

157 REINFORCING STEEL - EPOXY COATED 11000 LB

158 STRUCTURAL STEEL - MISC. 1 LPSM

159 PEDESTRIAN RAIL 358 LNFT

160 HAND RAIL 354 LNFT

161 REMOVE BRIDGE RAIL 701 LNFT

162 POLYMER OVERLAY 395 SQYD

163 PREPARE DECK 625 SQYD

BASE SCHEDULE (COUNTY) PRICE $____________________________________________ (Figures)

BASE SCHEDULE (COUNTY) PRICE _____________________________________________ (Words)

BASE SCHEDULE (CITY) ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

201 MOBILIZATION 1 LPSM

202 CONSTRUCTION SCHEDULE 1 LPSM

203 SOIL EROSION CONTROL 1 LPSM

204 CLEARING AND GRUBBING 3.00 ACRE

205 REMOVAL OF PAVEMENT, ASPHALT 1650 SQYD

206 REMOVAL OF CURB AND GUTTER 130 LNFT

207 REMOVAL OF SIDEWALK 80 SQYD

208 REMOVAL OF CHAINLINK FENCE & HEDGE 2000 LNFT

209 EXCAVATION 550 CUYD

210 IMPORTED BORROW 8950 TON

211 ROOT INHIBITOR 1 LPSM

212 RECYCLED ASPHALT BASE 1000 CUYD

213 MINOR HOT ASPHALT PAVEMENT 900 TON




216 SUMP 4 EACH

217 CATCH BASIN 1 EACH

218 RETAINING WALL 85 SQYD

219 CURB AND GUTTER, CONCRETE 3550 LNFT



222 TRUNCATED DOMES 130 SQFT

223 MISCELLANEOUS WORK 5000 EACH $1.00 $5,000 224 PLACE TOPSOIL 800 CUYD

225 SEEDING, DRY METHOD 1.5 ACRE

226 SIGN SYSTEM, PERMANENT TRAFFIC CONTROL 2 EACH

227 REMOVE AND RESET SIGN 7 EACH

228 REMOVE AND RESET CHAINLINK FENCE, 6 FT TALL 890 LNFT

229 TEMPORARY FENCE 700 LNFT

230 REMOVE AND REPLACE MAILBOX 1 EACH

231 RELOCATE FIRE HYDRANT 1 EACH

232 4" DIA CONDUIT CROSSING 350 LNFT

233 PAVEMENT MARKINGS, EPOXY 1 LPSM

234 TEMPORARY TRAFFIC CONTROL 45000 EACH

235 PUSH BUTTON, PEDESTRIAN, APS WITH VOICE MESSAGING 8 EACH

236 IRRIGATION WELL 1 EACH

BASE SCH. (CITY) PRICE $_______________________________________________ (Figures)

BASE SCH. (CITY) PRICE ________________________________________________ (Words)

TOTAL ESTIMATED PRICE BASE BID $________________________________________ (COUNTY + CITY) (Figures)

TOTAL ESTIMATED PRICE BASE BID $________________________________________ (COUNTY + CITY) (Words)

CONTRACT TIME = 200 WORKING DAYS [BASE BID (COUNTY) + BASE BID (CITY)]


OPTIONAL BID SCHEDULE 1

ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

401 IRRIGATION SYSTEM 1 LPSM

402 1-3/4 CAL. B&B DECIDUOUS TREES 38 EACH

403 B&B CONIFER TREES 14 EACH

404 LANDSCAPE SHRUBS 89 EACH

405 LANDSCAPE GRASSES 82 EACH

406 LANDSCAPE MULCH, 4 DEPTH 7500 SQFT

407 LANDSCAPE EDGER 340 LNFT

408 TOPSOIL IN LANDSCAPE POCKETS, 8 INCH ADDITIONAL DEPTH 200 CUYD

TOTAL ESTIMATED PRICE $_______________________________________________ OPTIONAL BID SCHEDULE 1 (Figures)

TOTAL ESTIMATED PRICE $_______________________________________________ OPTIONAL BID SCHEDULE 1 (Words)

Note: No additional contract time will be allowed with the selection of this bid option.

A. Unit Prices have been computed in accordance with paragraph 11.03.B. of the General Conditions.

B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents.

C. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed above after extensions are checked and corrections made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract.

D. The OWNER reserves the right to reject any or all bids.

6.01 Bidder agrees that the Work will be substantially completed and competed and ready for final payment in accordance with 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.


6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement.

7.01 The following documents are attached to and made a condition of the Bid:

A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond identified in the Instructions To Bidders.


8.01 The terms used in this Bid with the initial capital letters have the meanings indicated in the Instructions To Bidders, General Conditions, and the Supplementary Conditions.

SUBMITTED on , . (Date)

Montana Contractor's Registration # (if any) .

Employers Tax ID No. ____________________________________________

If BIDDER is:

An Individual: (Name typed or printed) By: (Individual's Signature) Doing business as:

Business Address:

Phone No.: FAX No:

A Partnership: (Partnership Name) By: (Signature)

(Name, typed or printed) Business Address:

Phone No.: FAX No:

Section 00300 6th Edition BID FORM

Page 10 of 11

A Corporation: (Corporation Name) State of Incorporation:

Type(General Business, Professional, Service, Limited Liability):

By: (Signature of person authorized to sign) Title:

Attest: (Signature)

Business Address:

Phone No.: FAX No:

Date of Qualification To Do Business Is:

(Corporate Seal)

A Joint Venture: Each Joint Venture Must Sign

Joint Venturer Name: (Name) By: (Signature of Joint Venture Partner) Name: (Name, printed or typed) Title:

Business Address:

Phone No.: FAX No:

Section 00300 6th Edition BID FORM

Page 11 of 11

Joint Venturer Name: (Name) By: (Signature of Joint Venture Partner) Name: (Name, printed or typed) Title:

Business Address:

Phone No.: FAX No:

Address of Joint Venture for Receipt of Official Communication: Address:

Phone No.: FAX No:

(Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.)

END OF SECTION

PENAL SUM FORM

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 2

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidders Name and Corporate Seal Suretys Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

Page 2 of 2

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. Payment of the penal sum is the extent of Bidders and Suretys liability. Recovery of such penal sum under the terms of this Bond shall be Owners sole and exclusive remedy upon default of Bidder.

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 of 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 Suretys 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 in which the Project is located.

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 and 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.

SECTION 00500-M2LT-CA-AGREEMENT FORM-COUNTY.docx Page 1 of 10

MISSOULA COUNTY INDEPENDENT CONTRACTOR AGREEMENT This Agreement is entered into by and between Missoula County, a political subdivision of the State of Montana, hereinafter referred to as the County, and (insert Contractor name) hereinafter referred to as the Contractor, identified as follows: Independent Contractor Name: Principal Contact: Mailing Address: Telephone Number: E-mail Address of Principal Contact: Independent Contractor Certificate Number: Identification Number on IRS Form W-9 as provided by law. 1. Purpose

The County desires to obtain the expertise and effort of the Contractor and the Contractor is willing to perform work for the County upon the terms and conditions set forth in this Agreement. Therefore, County and Contractor agree as follows. 2. Independent Contractor The Contractor shall provide and maintain an Independent Contractor Certificate from the Montana Department of Labor and Industry as provided in Section 39-71-417 MCA. Contractor shall provide a copy of the Certificate at the time the Agreement is signed and shall promptly notify County of any change in status of Contractors Certificate. Contractor is engaged in an independently established trade, occupation, profession or business. The parties agree Contractor is an independent contractor and not an employee or agent of Missoula County. Contractor shall not be entitled to workers compensation or other benefits of employment with County. Contractor will perform or provide its services free from the supervision, direction or control of the County except to specify the time and place of performance. County will not be responsible for the provision, security or protection of Contractors supplies or equipment.

This is only an example of a standard agreement between Missoula County and an independent contractor and is not intended to be the

final binding agreement. Some language in this contract will need to be adjusted to reflect specific requirements outlined in the bid documents.


Contractor shall be responsible for payment of all taxes arising out of the Contractors activities provided under this Agreement, including but not limited to, federal, and state income tax, social security tax, unemployment insurance tax and any other taxes or business license fees as may be required by law. If required by the laws of this State, the Contractor shall maintain in full force and effect a policy of workers compensation insurance covering the Contractor during the term of this Agreement. Proof of insurance shall be required from the Contractor by the County as part of this Agreement. 3. Required Work or Product The Contractor shall provide the specific services or tasks or work products as shown in the attached Exhibit A, which lists the scope of services relating to this Project. By this reference, Exhibit A is made a part of the Agreement. Review scope of services to ensure that it is consistent with general terms of this agreement. The contract can be amended to conform to the scope of services subject to attorney approval. 4. Performance Schedule and County Assistance The work will be substantially complete within 160 working days as defined in Section 1.02 of the General Conditions. Working days will not be counted during winter shut down as defined in Section 2.08 of the General Conditions. Contractor shall commence performance of this Agreement on the ________day of________, 20___ and shall complete performance of this Agreement by the _____day of __________, 20___. If substantial completion is not achieved by the ____ day of ________, 20__ the Contractor will be assessed liquidated damages for each additional calendar day required to achieve substantial completion. According to the liquidated damages table found in Section 00200 that was made available to the contractor at the time the project was advertised, the daily cost for liquidated damages will be $_____________. The County shall be responsible for assisting with the performance of this Agreement by doing or providing the following: a. b. c. d. 5. Place where service will be rendered


The Contractor will perform most services required by this Agreement at a location of Contractors discretion. In addition, the Contractor will perform services on the telephone and at such other places as necessary to perform these services in accordance with this Agreement. 6. Compensation for Services For the satisfactory completion of the services to be performed under Exhibit A, County will pay the Contractor a sum not to exceed $________________ (___________________________Dollars). Invoices must be submitted to the Principal Contact for the County identified in Paragraph 11 of this Agreement by the Contractor with complete supporting documentation in order for Contractor to receive payment. 7. Other Payments All other payments or reimbursements other than those made to compensate for completion of services performed which are to be made under this Agreement shall not exceed $___________(_________________Dollars). Requests for payment must be submitted to the Principal Contact for the County, as identified in Paragraph 11, with complete supporting documentation. Other payments shall be made at the times, in the amounts, for the purposes, and to the following parties: ________________________________________________________________________________________________________________________________________________________________________________________________ 8. Public Works Contracts For public works contracts as defined in 18-2-401, MCA in which the total cost of the contract is $25,000 or more involving public funds, Contractor agrees to:

a. Give preference to the employment of bona fide Montana residents in the performance of the work;

b. Include provisions for work that is performed at a project location to: i. Pay the travel allowance that is in effect and applicable to the

district in which the work is being performed; and ii. Pay the standard prevailing rate of wages, including fringe benefits,

that is in effect and applicable to the district in which the work is being performed;

c. Post a copy of the applicable prevailing wage rates in a prominent and accessible site at the project location; and,

d. Maintain payroll records capable of certification for at least three years after completion of work under the Agreement.


If the term of the contract is more than 30 months, add: Contractor further agrees to increase the standard prevailing rate of wages by 3% every 12 months after the contract award date and apply the adjustment every 12 months for the duration of the contract. 9. Insurance Consult the Risk Manager about insurance requirements for general liability, professional liability (aka errors and omissions), and automobile liability insurance. Contractor will/will not be required to maintain general liability insurance in the amount of one million dollars ($1,000,000) per occurrence and two million ($2,000,000) in the aggregate. Contractor will/will not be required to provide professional liability insurance. Delete the following paragraph for automobile liability insurance if the Risk Manager does not require it. Contractor shall purchase and maintain automobile occurrence coverage with combined single limits for bodily injury, personal injury and property damage of $500,000 per occurrence and $1,000,000 aggregate per year to cover such claims as may be caused by any act, omission, or negligence of Contractor and its employees, agents, representatives, assigns or subcontractors. All insurance policies required must be from an insurance carrier licensed to do business in the State of Montana. Contractor agrees to furnish proof of required insurance to the County prior to commencing work under this Agreement. County must be listed as an additional insured on the general liability insurance certificate for this Agreement unless otherwise specified by the County. 10. Records Contractor shall maintain sufficient records incident to the performance of this Agreement to enable the County to document the performance of the Agreement. Contractor shall allow access to those records by the County and the County Auditor, any independent auditor employed by the County and to representatives of the state or federal government. Records shall be retained for at least three years after completion of the Agreement. 11. Principal Contact for the County


The County official with whom the Contractor must communicate regarding this Agreement and who shall have the authority to accept completion of performance and to submit requests for payment to the County Auditor and Commissioners is: Name: Title: Address: Telephone No. Email Address: 12. Ownership and Publication of Materials All reports, information, data and other materials prepared by the Contractor pursuant to this Agreement are the property of the County, which has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the County. 13. Release of Information No information relevant to any work completed or in progress shall be disclosed to the third parties or released by the Contractor without prior approval of the County. 14. Termination Select the desired termination provision. If unsure which to use, consult the County Attorneys office. For mutual termination, select: This Agreement may be terminated at any time by mutual written and signed consent of both parties. For unilateral termination, select: This Agreement may be terminated by either party unilaterally by giving notice of termination in writing at least _____ days prior to the date of the intended termination. If the Agreement is terminated prior to completion, County shall be responsible for paying Contractor for completed and accepted work and billed to the County as provided in Paragraphs 6 and 7 within thirty (30) days of termination. 15. Failure to Perform


Upon any material default or substantial failure to perform this Agreement by either party, the other party shall be entitled to the following remedy: a) Stop performing or accepting performance of the contracted work until the matter is resolved; b) Within a reasonable time of discovery of the defect of failure to perform, mail a written description of the defect or failure to the other party, and: 1) If the defect or failure to perform can be cured, demand specific remedial action within a reasonable time certain; or 2) If the defect or failure to perform cannot be cured, specify any alternative performance which would be acceptable in lieu of the required performance and a time within which the alternative performance would be required; or 3) If the defect or failure to perform cannot be cured and no reasonable alternative performance is acceptable, notify the other party of the termination of the Agreement as of a date certain and state therein whether an action for breach of Agreement will be brought. 4) Where appropriate, obtain completion of the performance of the remaining balance of the Agreement with the original party. c) If the defect or failure to perform is not corrected or alternative performance completed within the time certain specified, the party alleging breach may initiate an action in the District Court of the Fourth Judicial District, Missoula County. If an action is brought, the prevailing party shall be entitled to attorneys fees as well as other costs of suit. 16. Income Tax Designation In the event that the Internal Revenue Services should determine that the Contractor is, according to IRS guidelines, an employee subject to withholding and social security contributions, the Contractor shall acknowledge, as the Contractor acknowledges herein, that all payments to the Contractor are gross payments and the Contractor is responsible for all income taxes and social security payments received prior to such IRS determination. 17. Indemnification Contractor shall defend, indemnify and hold harmless the County, its employees and agents, from all claims, liabilities, causes of action or judgments, including costs and attorney fees, asserted by or awarded to third parties as a result of any negligent action or omission or willful misconduct of the Contractor, its employees or agents. County shall defend, indemnify and hold harmless the Contractor, its employees and agents, from all claims, liabilities, demands, causes of action or judgments, including costs and attorney fees, asserted by or awarded to third parties as a


result of any negligent action or omission or willful misconduct of the County, its employees or agents. 18. Entire Agreement, Modifications and Non-Assignment This Agreement contains the entire agreement between the parties. All preliminary negotiations and agreements are merged herein. This Agreement cannot be changed or modified in any manner except by a written agreement signed by both parties. No obligation or right hereunder may be assigned, transferred, subcontracted or otherwise given to or imposed on any other party in the absence of a written agreement signed by both parties.


19. Warranty Contractor warrants that all services will be performed in a professional manner and in accordance with the standards of Contractors industry. Contractor acknowledges that it will be liable for any breach of this Warranty. 20. Compliance with Laws and Non-Discrimination Contractor agrees to comply with all federal, state and local laws, rules and regulations. In accordance with 49-3-207 MCA, all hiring must be on the basis of merit and qualifications; and there may not be discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 21. Place of Performance, Construction and Venue Contractor and County agree that performance of this Agreement is in Missoula County, Montana. In the event of litigation concerning it, venue is in the 4th Judicial District, in and for the County of Missoula, State of Montana. This Agreement will be construed under and governed by the laws of the State of Montana. 22. Severability If any part of this Agreement is hereafter held to be void, illegal or unenforceable, the validity of the remaining portion or provisions will not be affected hereby.


Insert project description here (in case the signature page becomes detached from the body of the Agreement): DATED this _____day of ______________, 20___. CONTRACTOR: ________________________ BOARD OF COUNTY COMMISSIONERS Missoula County, Montana ________________________ Chair _______________________ Commissioner ________________________ Commissioner ATTEST: ________________________ Clerk & Recorder


Exhibit A Missoula County Independent Contractor Agreement Project: Enter project description here. Referenced to and made a part of the Independent Contractor Agreement between Missoula County and _____________ dated ___________, 20__. Under the terms of the Independent Contractor Agreement, ______________ will provide the following services or tasks or work products:

EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Page 1 of 1

Notice of Award

Date: __________________ Project:

Owner: Owner's Contract No.:

Contract: Engineer's Project No.:

Bidder:

Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]

You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for

[Indicate total Work, alternates, or sections of Work awarded.]

The Contract Price of your Contract is Dollars ($ ).

[Insert appropriate data if unit prices are used. Change language for cost-plus contracts.]

copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

sets of the Drawings will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award.

1. Deliver to the Owner [ ] fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01).

3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.

Owner By: Authorized Signature Title Copy to Engineer

EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Page 1 of 1

Notice to Proceed

Date: _________________ Project:

Owner: Owner's Contract No.:

Contract: Engineer's Project No.:

Contractor:

Contractor's Address: [send Certified Mail, Return Receipt Requested]

You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: __________________________________ [add other requirements].

Owner

Given by:

Authorized Signature

Title

Date

Copy to Engineer

EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 3

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Suretys Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.


Page 2 of 3

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Suretys obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owners right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractors right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Suretys expense, take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent

contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract

for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractors right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:


Page 3 of 3

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractors Default, and

resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages

caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions.

11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY (Name, Address and Telephone) Surety Agency or Broker: Owners Representative (Engineer or other party):

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