Part 1 - Information for Biddersi
Set Numbe,
prepared by:
Robert Peccia & Associates
Helena, Montana
�:_� May 2005
Kalispell City Airport
North End Surfacing Improvements
Kalispell, Montana
Contract Documents & Specifications
Prepared by
Checked by
Philip Po 'ni, P.E., Project Manager
�
Rick Donaldson, P.E.,
QA/QC Approval
Airport Division Manager
Jensen, P.E., President
25� ,YEARS ROBERT PECCIA & ASSOCIATES
agssona��s
P.O. Box 5653 ♦ 825 Custer Avenue ♦ Helena, MT 59604 ♦ 406-447-5000 ♦ FAX 406-447-5036
P.O. Box 5100 ♦ 100 Cooperative Way, Suite 200 ♦ Kalispell, MT 59903 ♦ 406-752-5025 ♦ FAX 406-752-5024
KALISPELL CITY AIRPORT
NORTH END SURFACING IMPROVEMENTS
CONTRACT DOCUMENTS AND SPECIFICATIONS
TABLE OF CONTENTS
PART I INFORMATION FOR BIDDERS PART V TECHNICAL SPECIFICATIONS
Advertisement for Bids
P-101
Surface Preparation
Information
for Bidders
P-152
Excavation and Embankment
P-156
Temp. Air, Water Pollution, Soil
PART II
CONTRACT DOCUMENTS
Erosion, Siltation Control
P-160
Watering
Proposal
P-208
Aggregate Base Course
Contract
P-401
Plant Mix Bituminous Pavements
Performance Bond
P-602
Bituminous Prime Coat
Payment Bond
P-603
Bituminous Tack Coat
P-610
Structural Portland Cement Concrete
PART III
GENERAL PROVISIONS
P-620
Runway and Taxiway Painting
P-625
Coal Tar Pitch Emulsion Seal Coat
Section 10
Definition of Terms
P-669
Subsurface Separation Fabric
Section 20
Proposal Requirements and
Conditions
D-701
Pipe for Storm Drains and Culverts
Section 30
Award and Execution of Contract
D-751
Manholes, Catch Basins, Inlets &
Section 40
Scope of Work
Inspection Holes
Section 50
Control of Work
D-755
Tie Down Anchor
Section 60
Control of Materials
Section 70
Legal Regulations and
F-162
Chain Link Fences
Responsibility to Public
F-164
Chain Link Cantilever Slide Gate
Section 80
Prosecution and Progress
Section 90
Measurement and Payment
L-110
Installation of Airport Underground
Section 100
Contractor Quality Control
Electrical Ducts
Program
L-125
Installation of Airport Lighting Systems
Section 110
Methods of Estimating Percentage
of Materials Within Specification
T-901
Seeding
Limits (PWL)
T-905
Topsoiling
T-908
Mulching
PART IV
SPECIAL PROVISIONS
PART VI LABOR PROVISIONS
FAAMPORTS\KALISFELL CITY-2603\NORTH END SURFACING\surlacing-specs\TOC.doc
TABLE OF CONTENTS PAGE I
Advertisement for Bids
Information for Bidders
ADVERTISEMENT i' BIDS
KALISPELL CITY AIRPORT
Notice is hereby given that sealed bids will be received, publicly opened, and read aloud on May 31, 2005 at
2:30 p.m. by a representative of the City of Kalispell, at City Hall, Kalispell, Montana, for the Kalispell City
Airport North End Surfacing Improvements to include the following:
Construction of New Taxiways, Aircraft Parking Apron and Hangar Building Pads
This work is to include all tools, equipment, materials, and labor to complete this project.
Sealed bids will be received by the City of Kalispell at the Kalispell City Hall until 2:30 PM Mountain
Zone, Daylight Savings time, Tuesday, May 31, 2005. Bids received after this time will not be accepted.
Bids will be publicly opened and read aloud immediately after the specified closing time. All interested
parties are invited to attend. Bids should be addressed to the City Clerk, P.O. Box 1997, Kalispell,
Montana, 59903-1997, and entitled: "Kalispell City Airport North End Surfacing Improvements".
The proposed contract is under and subject to Executive Order 11246 of September 24, 1965 and to the Equal
Employment Opportunity (EEO) and Federal Labor Provisions. All labor on the project shall be paid no less
than the minimum wage rates established by the U.S. Secretary of Labor. Each bidder must supply all the
information required by the bid documents and specifications. The EEO requirements, labor provisions and
wage rates are included in the specifications and bid documents and are available for inspection at the office of
Robert Peccia & Associates. Each bidder must complete, sign and furnish with his Bid a "Certification of
Nonsegregated Facilities" and a statement entitled "Bidder's Statement on Previous Contracts Subject to EEO
Clause," as contained in the bid proposal. A contractor having 50 or more employees and his subcontractors
having 50 or more employees and who may be awarded a subcontract of $50,000 or more will be required to
maintain an affirmative action program, the standards for which are contained in the Specifications. To be
eligible for award, each bidder must comply with the affirmative action requirements which are contained in
the Specifications.
Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit bids in response to this
invitation. The City of Kalispell shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any DOT assisted contract or in the administration of its DBE Program or the
requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration of DOT assisted contracts.
This contract may be funded in part by a grant from the Federal Aviation Administration. In accordance with
49 CFR Part 26, the Owner has determined this contract does require the use of DBE Contractors.
The bidders shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the
Office of the Secretary of Transportation to subcontract 3.48 percent of the dollar value of the prime contract
to small business concerns owned and controlled by socially and economically disadvantaged individuals. In
the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been
met. Individuals who are reputedly presumed to be socially and economically disadvantaged included women,
Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian
Americans. All competitors will be required to submit information concerning the DBE's that will participate
in the contract. The information will include: 1) the name and address of each DBE; 2) a description of work
to be performed by each named firm; and 3) the dollar value of the work of the contract. If the bidder fails to
achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made
ADVERTISEMENT PAGE 1
good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered
nonresponsive.
Bid security in the amount of not less than ten (10%) percent of the amount of the bid which shall be: (1)
lawful money of the United States; or (2) a Cashiers Check, Certified Check, Bank Money Order or Bank
Draft, in any case drawn and issued by a federally chartered or state chartered bank insured by the federal
deposit insurance corporation; or (3) a bid bond, guaranty bond, or surety bond executed by a surety
corporation authorized to do business in the State of Montana. Bidders will be required to hold their bids for a
period of 60 days following the opening of bids. The successful bidder will be required to enter into a formal
contract within ten (10) calendar days from the date the Notice of Award is received, and to furnish goods and
sufficient performance and payment bonds to secure the performance of the terms and conditions of the
contract. The bid security shall be made payable to the Owner and failure to enter into a formal contract will
result in the Owner retaining the bid security. The successful Bidder is required to comply with Montana's
Contractor Registration Law in accordance with Title 39, Chapter 9, M.C.A.
Plans, specifications, bidding and contract forms may be inspected at the office of the consulting engineer,
Robert Peccia & Associates, 825 Custer Avenue, Helena, Montana or 100 Cooperative Way, Suite 200,
Kalispell, Montana. Copies of these documents may be obtained from the office of the consulting engineer on
the receipt of $75.00 for each complete set, which is non-refundable. A Prebid Conference will take place
on May 23, 2005, at 1:00 p.. at the Kalispell City Airport.
Faxed bids will not be accepted or considered. The City of Kalispell reserves the right to reject all proposals
and bids received, to waive informalities, to postpone the award of the contract for a period not to exceed sixty
(60) days, and to accept the lowest responsive and responsible bid that is in the best interest of the City of
Kalispell.
The City of Kalispell is an Equal Opportunity Employer.
Authorized by the City Council of the City of Kalispell, MT in a regular meeting held on November 1, 2004 by
Resolution 4945.
City of Kalispell
Theresa White
City Clerk
Dated this 2nd day of May, 2005.
Publication Dates: May 10, 2005
May 17, 2005
May 24, 2005
PAGE 2 ADVERTISEMENT
a. Form. Each proposal shall be made on a form prepared by the Engineer and included as one
of the contract documents. Proposals shall be submitted in a sealed envelope bearing the title
of the work, the name and address of the Bidder, the schedule for which the bid is intended,
the Bidder's contractor's license number and class, and acknowledgment of receipt of all
Addenda issued.
The proposal forms are included in this bound volume of contract documents. Neither the
proposal nor an, other ther papers bound herein or attached hereto shall be detached.
The blank spaces in the form must be filled in correctly for each item, and the Bidder must
state the price (written both in words and numerals) for which he proposes to do each item of
work contemplated. All proposals must be totaled and, in case of errors or discrepancies, the
unit prices or lump sum prices written in words shall govern.
Each proposal must be signed in ink and display the name and address of the Bidder in the
blank spaces provided and acknowledgment of receipt of all Addenda issued. 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 Bidder.
Any bid not displaying the above -mentioned information may be as irregular.
The final awards will be determined after the bid opening dependent upon the level of the
Owner's available funding.
b. Modifications. No alteration in proposals or in the printed forms will be permitted by erasures
or interlineations. Alternate proposals will not be considered unless called for. Oral
proposals or modifications will not be considered. Proposals carrying riders or qualifications
may be rejected as irregular.
C. Examination of Contract Documents and Visit to Site. Before submitting a proposal, Bidders
shall carefully examine the Drawings, read the Specifications and other Contract Documents,
shall visit the work site, and shall fully inform themselves as to all existing conditions and
limitations, and shall include in his bids as set forth on the Proposal a sum to cover the cost of
all work covered by the Contract Documents.
d. Delivery of Proposals. Proposals shall be delivered by the time and to the place stipulated in
the Advertisement for Bids. It is the sole responsibility of the Bidder to see that this Proposal
is received in proper time. Any Proposal received after the scheduled closing time for receipt
of Proposals shall be returned to the Bidder unopened. Bids should be delivered in person or
mailed in advance to:
"Kalispell City Airport — North End Surfacing Improvements Proposal"
City Clerk
P.O. Box 1997
Kalispell, Montana 59903-1997
[INFORMATION FOR BIDDERS PAGE I
e. Withdrawal. Any Bidder may withdraw his Proposal, either personally or by telegraphic or
written request, at any time prior to the scheduled closing time for receipt of Proposals.
f. O enin . Proposals will be opened and publicly read aloud at the time and place set forth in
the Advertisement for Bids.
g. Award or Rejection. The Contract will be awarded, based on Owner and FAA funding, to the
lowest qualified responsible Bidder complying with these instructions and with the
Advertisement for Bids. The Owner reserved the right to award to the lowest bidder for either
the Base Bid or the Base Bid and Additive Alternates accepted in consecutive order.
The Owner reserves the right to reject any or all Proposals or to waive any formality or
technicality in any Proposal in the interest of the Owner. No Bidder may withdraw his
Proposal for a period of 60 days after the date of the opening thereof.
If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the
Drawings, Specifications, or other Contract Documents, or finds discrepancies in or omissions from the
Drawings or Specifications, he may submit to the Engineer a written request for an interpretation or correction
thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or
correction of the documents will be made only by Addendum duly issued, and a copy of the Addendum will be
mailed or delivered to each person receiving a set of the Contract Documents.
Prior to the award of the contract, all modifications to the Contract Documents will be in the form of an
Addendum, and when issued, will be on file in the office of the Owner and the office of the Engineer. In
addition, all Addenda will be mailed to each person holding Contract Documents, but it shall be the Bidder's
responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract
and all Bidders shall be bound by such Addenda. It shall be the responsibility of the Bidder to obtain such
Addenda prior to submitting his Proposal, and to indicate in the appropriate place on the Bid Documents and
envelope the receipt of each Addendum.
Pursuant to MCA 39-9-201, each Contractor shall be registered with the Department of Labor and Industry.
Pursuant to Section 15-50-205 MCA, a sum equal to one percent (1%) of the gross receipts from all public
contracts in excess of $5,000 shall be withheld from all payments. A Public Contractor within the meaning of
this Act shall include any individual, firm, co -partnership, association, corporation, or other group or
combination acting as a unit, who submits a proposal to or enters into a contract for performing public
construction work in the state with the Federal Government, State of Montana, or with any Board,
Commission, or Department thereof, of which any Board of County Commissioners, City or Town Council, or
with any agency thereof, or with any other public Board, Body, Commission, or Agency authorized to let or
award contracts for public work. The term "Public Contractor" also includes subcontractors.
The Owner shall withhold, in addition to other amounts provided in the Specifications, one percent of all
PAGE 2 INFORMATION FOR BIDDERS
moneys due to the Contractor and shall transmit such moneys to the State Department of Revenue. Prime
Contractors shall be responsible for withholding one percent of all moneys due to subcontractors for work
performed under contracts for public work, and shall transmit such moneys to the State Department of
Revenue.
Additional information pertaining the Contractor's Gross Receipts Withholding Tax (1%) may be obtained
from the Montana State Department of Revenue, State Capitol Building, Helena, Montana.
The Contractor's attention is called to the Workers' Compensation laws in force in Montana (MCA Title 39,
Chapter 71) and to the responsibility of the Owner for the collection of premiums thereunder. His compliance
with said laws is required, and shall relieve the Owner of any responsibility for the payment of premiums
thereunder. The Contractor shall furnish the Owner with proof of coverage and satisfactory evidence showing
that all premiums arising from this Contract have been paid before payment is made on the final estimate.
In accordance with Montana Law (Section 18-2-403, MCA) 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 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 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 application to the county or locality in which the work is being
performed. Should the prevailing rate of wages change during the life of the contract, the Contractor and/or
each employer shall adjust the wages paid to conform to said change in the prevailing rate of wages as
prescribed in Section 18-2-402, MCA.
"Standard Prevailing Rate of Wages" is defined by Section 18-2-403, MCA, as including wages, fringe
benefits for health and welfare, and pension contributions and travel allowances which are paid in the county
or locality by other contractors for work of a similar character performed in that county or locality by each
craft, classification or type of worker needed to complete a contract under the provisions of Title 18, Chapter 2,
Montana Codes Annotated.
Any infraction of the Laws of the State of Montana covering Labor, Title 18, Chapters 2, Part 4, will be
forwarded to the State of Montana, Department of Labor and Industry.
"Travel Allowance" in effect at the time of contract award and according to the latest information received by
the State of Montana, Department of Labor and Industry, Labor Standards Division, shall be adhered to where
applicable.
Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time
due employees. It is incumbent upon the employer to determine the amounts due for each craft employed
according to the method of computation outlined for each craft, where applicable.
INFORMATION i'` BIDDERS
To comply with Section 18-2-406, MCA, the Contractor shall post in a prominent and accessible site on the
project work area, not later than the first day of work, legible statement of all wages to be paid to the
employees employed on the project.
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.
A copy of the current wage rates at the time of the printing of this document have been included in Part VII.
The Contractor is responsible for obtaining the most current wage rates at the time of the bid date.
8. EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND AFFIRMATIVE ACTION
The Bidder (proposer) must supply all the information required by the proposal forms and specifications.
The Owner, in accordance with Title VI of the Civil Rights Act of 1964, hereby notifies all bidders that the
bidders must affirmatively ensure that in any contract entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color, or national origin in consideration for award.
All labor on the project shall be paid no less than the minimum wage rates established by the U.S. Secretary of
Labor.
Each bidder will be required to comply with the affirmative action plan for equal employment opportunity
prescribed by the Office of Contract Compliance (OFCC), United States Department of Labor, Regulations of
the Secretary of Labor (41 CFR 60), or by other designated trades used in the performance of the contract and
other nonfederally involved contracts in the area geographically defined in the plan.
The proposed contract is under and subject to Executive Order 11246 of September 24,1965, as amended, and
to the equal opportunity clause; and
Each bidder must submit with his bid a "Certification of Nonsegregated Facilities" and a statement entitled
"Bidder's Statement on Previous Contracts Subject to EEO Clause," as contained in the bid proposal. In
addition:
a. Contractors receiving federally assisted construction awards, which are not exempt from the
provisions of the equal opportunity clause, will be required to provide for the forwarding of
this notice to prospective subcontractors for supplies and construction contracts where the
subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity
clause. A Certification of Nonsegregated Facilities must be submitted prior to award of any
such subcontract exceeding $10,000.
b. Subcontractors receiving subcontract awards exceeding $10,000, which are not exempt from
the provisions of the equal opportunity clause, will be required to provide for the forwarding
of this notice to prospective subcontract- or for supplies and construction contracts where the
subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity
clause.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
When a determination has been made to award a contract or subcontract to a specific contractor, such
contractor is required, prior to the award or after the award, or both, to furnish such other information as the
FAA, the Owner, or the Director of OFCC requests.
PAGE 4 INFORMATION FOR BIDDERS1
EEO and labor provisions, when applicable, are included in the bidding documents and are available for
inspection at the office of Robert Peccia & Associates, 825 Custer Avenue, Helena, Montana 59601.
Contractors and subcontractors may satisfy EEO requirements of paragraph 2 of the EEO contract clause by
stating in all solicitations or advertisements for employees that:
"All qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, or national origin."
or by using a single advertisement in which appears in clearly distinguished type, the phrase:
"An equal opportunity employer."
NOTICE FOR SOLICITATIONS FOR BIDS
(BID NOTICE) B 41 CFR PART 60-4.2
(VERSION 1,1/5/90)
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables Goals for Minority participation Goals for female participation
for each trade in each trade
(Applies to Flathead County) (Applies Nation wide)
2.7 % 6.9 %
These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally -
assisted) performed in the covered area. If the contractor performs construction work in a geographical area
located outside of the geographical area where the work is actually performed. With regard to this second area,
the contractor also is subject to the goals for both its Federally involved and nonfederally involved
construction.
The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based
on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and
female employment and training shall be substantially uniform throughout the length of the contract, and in
each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of
its projects. The transfer of minority or female employees or trainees from contractor to contractor or from
project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the
Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured
against the total work hours performed.
3. The contractor shall provide written notification to the Director OFCCP, within 10 working days of award
of any construction subcontract in excess of $10,000 at any tier for construction work under the contract
resulting from this solicitation. The notification shall list the name, address, and telephone number of the
subcontractor; employer identification number of the subcontractor; estimated dollar amount of the
subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the
subcontract is to be performed.
INFORMATIONBIDDERS
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is
State: Montana County: Flathead City: Kalispell
A Contractor having 50 or more employees and first -tier subcontractors having 50 or more employees and who
may be awarded a subcontract of $50,000 or more will, within 120 days from Contract commencement, be
required to develop a written affirmative action compliance program for each of its establishments (state and
local governments are exempt).
Within 30 days after award of this Contract, the Contractor shall file a compliance report (SF 100) if the
Contractor has not submitted a complete compliance report within 12 months preceding the date of award.
State and local governments are exempt from the requirements of filing the annual compliance report (SF 100).
The Contractor shall require the subcontractor on any first -tier subcontracts, irrespective of dollar amount, to
file an SF 100 within 30 days after award of the subcontract if the above three conditions apply. An SF 100
will be furnished upon request. The SF 100 is normally furnished to contractors annually, based on a mailing
list currently maintained by the Joint Reporting Committee. In the event a Contractor has not received the
form, he may obtain it by writing to the following address: Joint Reporting Committee, 1800 G Street,
Washington, DC 20506.
This Contract will be funded in part by a grant from the U.S. Department of Transportation, Federal Aviation
Administration. Regulations promulgated by the U.S. Department of Transportation, 49 CFR Part 26 (64 Fed.
Reg. 5096, February 2, 1999) establish certain requirements with regard to participation by Disadvantaged
Business Enterprise (DBE) on U.S. Department of Transportation -assisted contracts. In order to comply with
these federal requirements, the Owner and all bidders on this Contract will utilize the following procedures:
9.1 For the purpose of these requirements, DBE means a small business concern as defined pursuant to
Section 3 of the Small Business Act and implementing regulations, which is owned and controlled by
one or more minorities or women. For the purposes of these requirements, owned and controlled
means a business:
a. which is at least 51 per centum owned by one or more minorities or women or, in the case of
publicly owned business, at least 51 per centum of the stock of which is owned by one or
more minorities or women; and
b. whose management and daily business operations are controlled by one or more such
individuals.
9.2 Contractor Responsibilities. The Contractor shall agree to the below Department of Transportation
Policy and Disadvantaged Business Enterprises Obligation and further agrees to insert the following
clauses a, b, and c in any subcontracts.
DBE REQUIRED STATEMENTS - 49 CFR Part 26
(11/19/01)
a. Policy: It is the policy of the Department of Transportation (DOT) that Disadvantaged
Business Enterprises (DBE's) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part with
Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26
apply to this agreement.
PAGE 6 INFORMATION FOR BIDDERS
b. DBE Obligation: The contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy, as the recipient deems appropriate.
C. Prompt Payment: The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than seven days from the receipt
of each payment the prime contractor receives from the recipient. The prime contractor
agrees further to return retainage payments to each subcontractor within seven days after the
subcontractor's work is satisfactorily completed. Any delay or postponement of payment from
the above referenced time frame may occur only for good cause following written approval of
the recipient. This clause applies to both DBE and non -DBE subcontractors.
9.3 Contract Goals: The bidder shall subcontract 3.48 percent of the dollar value of the total amount of a
DOT -assisted contract to qualified DBE contractors. In the Proposal Bid Package, the bidder shall
submit:
1. The names, addresses of DBE firms that will participate in the contract;
2. A description of work that each DBE will perform;
3. The dollar amount of the participation of each DBE firm;
4. Written and signed document (Letter of Intent) of commitment to use the DBE subcontractor
whose participation it submits to meet a contract goal;
5. Written and signed confirmation from the DBE that it is participating in the contract as
provided in the prime contractor's commitment.
6. If the bidder fails to meet the contract goal, evidence of good faith efforts, as described below
shall be submitted.
A bidder who fails to meet these requirements and who cannot show good faith effort will be
considered non -responsive.
9.4 Good Faith Effort: The following actions, by the bidder, are generally considered a sign of good faith
effort. This list is not exclusive or exhaustive, but should be used as a guide in determining food faith
effort:
1. Attendance at pre -bid meetings scheduled to inform DBE's of the project.
2. Advertisement in general circulation, trade association and minority focus media concerning
subcontracting opportunities.
3. Written notice to DBE's allowing sufficient time for reply.
4. Follow up of initial solicitation.
5. Selection of portions of the work likely to be performed by DBE's.
6. Provide interested DBE's adequate information for bidding.
7. Negotiation with interested DBE's.
8. Assist interested DBE's with bonding, insurance or credit.
9. Use of minority contractors' groups and minority business assistance offices.
Good Faith Efforts are due at time of Bid Opening if Contractor was unable to meet the
advertised contract goal.
9.5 Bidders List: The Bidder shall submit the name, address, DBE status, age, and gross receipts of all
firms bidding or quoting subcontracts on DOT -assisted projects. All Bidders wishing to remain in
competition for the Contract shall complete both the Disadvantage Business Enterprise Utilization and
INFORMATION FOR BIDDERS PAGE 7
the Bidders List included in the Proposal. Agreements between a Bidder and a DBE in which the DBE
promises not to provide subcontract quotations to other Bidders are prohibited. The DBE Certification
shall be completed prior to bid opening.
9.5 In evaluating bids, the Owner will first determine if the responsible Bidder offering the lowest price
has offered a reasonable price. Second, the Owner will determine the responsiveness of the bid with
respect to DBE goals as indicated in the Proposal under Determination of Responsiveness. The Bidder
offering the lowest reasonable price and who also has been determined responsive to the DBE goals
will be awarded the contract.
9.6 DBE's will be considered eligible towards meeting the DBE subcontracting goals if they are certified
by the Montana Department of Transportation or by the Owner per 49 CFR 26.61 through 26.91.
9.7 The MDT DBE Directory can be accessed at the following website:
http://www.mdt. state.mt.us/scripts/cntrct/contract.pl?rptname=DBE+Directory
u 7 -9
This section supersedes the section of the Special Provisions entitled "Payments to Contractors", to allow for a
payment billing, approval, and/or payment cycle that is longer than that provided by MCA 28-2-2103 as
amended on October 1, 2003.
Notice of Alternate Billing, Cycle
No change to MCA 28-2-2103. This contract provides for a monthly billing cycle as discussed in the Special
Provisions.
Notice of Approval of Payment Request Provision
No change to MCA 28-2-2103. This contract allows the Owner to approve the Contractor's payment requests
within 21 days after it is received by the Owner.
Notice of Extended Payment Provision
This contract allows the Owner to make payment no later than seven (7) days after receipt of the Federal Grant
payment from the U.S. Treasury to the Owner. (Note: Once the Owner has signed the pay request and mailed
to FAA, it typically takes 45 to 60 days to receive payment from the U.S. Treasury to the Owner.)
F:W MPORTS -ALISPELL CITK2003WORTH END SURFACINGwurfacing-specsVNFORMAT.doc
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