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MARTINEZ GULCH BIDSBond Number 70780320 BID BOND (Percentage) KNOW ALL PERSONS BY TWESE PRESENTS, That we Jim Connor Grading, Inc. of Helena, Montana CNA Sure /Western Suret Com any t _Y P. as Surety, are held and firmly bound unto Jefferson County of 210 W Centennial, Boulder, Montana 59632 hereinafter referred to as the Principal, and _.. ,hereinafter referred to as the Obligee, in the amount of Eighteen thousand five hundred dollars 10% of contract __ .. --- ( 1,8,500.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Regarde of 1.26 miles of Martinez Gulch Road NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this _ 21st . day of August _, 2009 Principal Jim Connor Grading Inc. BY: 1~'r_~~_ Surety BY: Attorney-in-Fact Form F4595-8-2001 SECTION 00300 SID FORM PROJECT IDENTIFICATION: Martinez Gulch Road Improvements Project Jefferson County, Montana CONTRACT IDENTIFICATION AND NUMBER: Martinez Gulch Road Improvements Project, (19-04 THIS SID SUBMITTED TO: Jefferson County P.O. Box H, 210 West Centennial Boulder, MT 59632 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 pcrfot7n and furnish all Work as specified or indicated in the Bidding Docut~~et~ts for the prices and. within the times indicated in this Sid and in accordance with the other terms and conditions of the Bidding Documents. 2.O1 Bidder accepts all of the tet7i~ts and conditions of tlae Advertisement or levitation to Bid, and Instruction 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 tune that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set fortla jn the Agreement, tlYat: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Docut~~ents, and the following Addenda, receipt of all which is hereby acknowledged the following Addenda: Addendum No. Addendum Date G k ~~ ~~ B. Bidder has visited the Site and become familiar with and is satisfiied as to the getleral, local, and Site conditions that may affect cost, pronn-ess, at~d perfom~ance of the Worlc Section 00300 - 1 offs Project 09-04 I3ID FORM Martinez Gulch Road Improvements Project The BIDDER certifies that no official of the OWNER, ENGINEER or any member of such officials immediate family, has diract or indirect interest in the -pecuniary profits or Contracts of the BIDDER 5.01 The Bidder will arnnplete the Wark in accacdaance with the Contract Dactxtt~ents for the following price(s): Item Na. ~ EsblimAted tl Unit Unit Price Total Price - 1. Mobilization 1 L.S. "$ $ ~: 2: 24" G~ilverts 12fl L.F. $ ~ $ T c- . 3. 18" G~ih-erts 280 L.F. $ - ~ ~; $ a. 1s" Urai Culverts ... -- ~~ 20 ~.r.- $ ~ ~ ~ :, .., ~,; 5. Raadwa Excavation and Embanhnent 2500 C.Y. $ - "c~ $ ~ ' <: 6. 'l." NGnus Crashrd Rase Cow•se 2800 C,Y: $ , ~ :~ $ w~, 7. MC80Q Seal and Chi ',~" 15 b00 S.Y. $ ~" $ :- C c - $. CRS-2P Seal and 3/8" 15 f00 S.Y. $ $ ~. 9. Si e = MUTCD W5-1 2 F.A $ ~~: ~ . y :,. $ ~~ 10. Construction Traffic Control 1 L.S. $ $ c ~ z . 11. Revegetation 1 L.S. $ $ '. ; ~~ , c r F. ToTax. ESTIMATED Bm PRRICE x - ~ `~ ~U ~ ~• ~. (P~Su~) t7 G 4u. V ~. V +' ~~ ~~ . ~. - ~ 4 ~~ TOTAL ESTIMA'T'ED. ~ ~ ~ BID PRICE ~).~' -.~ ~ ., ,1'ltU•.~-*~~-z. ~~..~'.~ A. Unit Prides have been computed in accordance with paragraph. 11.03.B. of the General Conditions. B. Bidder acknowledges that c~timated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, ~ final payment for all Unit Pride Bid items will be 1ia~ecl an actual quantities ptovided, detetmincd as provided in the Contract Documents. C. The undeat;igned agrees that the unit prices shall ggvern in chd~~ ffie Bid, and should a disca+epanay exist in the Totsl 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 DWNER reserves the right to reject any or all trills. G.OI Siddex• agre;cs that the Wank will be substantially completed and campe~ed and ready for final payment in scc~.ordsnce with 14.07 of the General t.,onditions on or before the. dates or within the number of cal~dar days indicated in the Agreement. Section OU300 - 3 of b Project p9~44 BID FdRM Martinez <3ulch Road Imprnvramants Project 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the tinges specified above, which shall be stated in the Aim, •eemcnt. 7.01 The following documents are attached to and made a condition of the Bid: A. Required Bid security in the a]nount of 10% of the maximum Bid price including altcl-nates, if any, and in the fol-ln of a Bid Bond identified in the instructions To Bidders. B. AGENCY required certifications. (Refer to Special Provisions, for AGENCY certifications and requirements.) C. Any requirements per Special Provisions, including a tabulation of Subcontractors, Suppliers {and others} individuals and entities required to be identified in this Bid, requi]ed Bidder qualifications statement with suppo]-ting data; and, D. List other documents as pel-tinent. 8.O1 The teens 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 20 ~ . Montana Contractor's Registration # (if any) ~ ` C? ~ ~ y Employer's Tax iD No. ,~ ~ - ~ ~r ~ _5 ~- ~ a _ _, _.._ _~ If BIDDER is: An Individual: S}~: DO]ng buS111e55 aS: Business Address: .Phone No.: (Name typed <n- printed) (SEAL) (Individuals Signature) (Street Address) (City, State, Zip) Fax No.: Section OU300 - 4 of 6 )'rnjccl U9-04 BID FUKM Martinez Gulch Road Improvemcnt~ Project A Partnership: By: Business Address: (SEAL) Phone No.: (Ptu•tncrship Name) (5ignaturc) (Nantc, typed or printed} (Street Address) (C`ity, State, lip) FAX No.: A Corporation: ~~[ l'-'~ ~ c! ti~ ~~ ~,e-~ ~~'~ , ~/ye' ~ (SEAL) (Corporation Name) State of lnco~~~oration G c/e... Tyhe (Gcnerai Business, Professional, Service, Limited Liability): ~ e ~~• ~ _ __ By: <~ ~- (Signatw•e of person authorized to sign) Title: ~ w~y~~~ Attest: (CORPORATE SEAL) (Signalureot•SecretarY) ~ ----_.._....~ Business Address: ~. ~~ r~ ~ ~ r° °~ ~' ~ (5trcct Address) ~jvl~ 1~7,~ / S~ ~ G' y ~_-_ ~ (City, State, Z p) Phone No.: r~~Cw•- ~~ 3/- G~`i / FAX No: .l~/~ (,,.~- ~:/ 7 ~..p ~G~SI Date of Qualification To Do .Business Is: Section 00300 - 5 oI~ 6 I'r~ject 09-04 I3ID 1'OItM Martinez Gulch Road In~provenaents Project THE AMERICAN INSTITUTE 4F ARCHITECTS A/A Documenf A3 i D Bid Bvnd KNOW ALf_ MEN BY Tfi~SE PRESENTS, that we Gruber Excavating, Inc. 32 13itteraot, Montana City, MT 59634 as Principal, hereinafter called the Principal, and Westchester Fire Insurance Company 436 Walnut Street, P. O. Box 1000, Philadelphia, PA 19106 a carparatian duly organized under the laws of the State of NY as Surety, hereinafter called the Surety, are held and firmly bound unto Jefferson County 201 Centennial, Boulder, MT 59632 as Obligee, hereinafter called the Obliges, in the sum of Ten Percent of Amount Bid Dollars {$ 10% ~, for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Wl•iEREAS, the Principal has submitted a bid for Martinez Gulch Road Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Gontract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the aveni of the failure of the Principal io enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20th day of August ~ 2009 . Gruber Excavating, Inc. (witness) By' ~ _1''~ !e) (Witness) Westchester Fire Insurance Company _ (Title) Jonathan M. Emmaus , Attorney-in-Fact CaNFaRMS WITH AIA DpCUMENT A310.610 BOND •AIA ' • FEBRUARY 1970 ED + THE AMERICAN IN5TI7UTE aF ARCHITECTS, 1735 N.Y, AYE., N.W., WASHINGTON, D.G. 2OD06 ~ .~O~VQ~' ~f ' rv>~5-rc~~sr~~ ~t~>u ~~s~i~avc~ CoMP~,r~r "~ 124358':1 ttorney ?~zs~2 .Knout all men by these pYesents: That WES'i'GIIk:S1`EIt FIKi~ IIVSUItArt~E C(3h1At~NY , a cof~ctratirnl of tha State n£;*faw York ,having its principal ollice inthe City of Atlanta ,Georgia ,pursuant to thz fallowing Resolution, adapted by the Board of ]Arectots of the said:Company an December 11;2006, to vit. "R)-SDLx'ED,_sE[at the folEowing authorixauons rel~u to the etavtion, far tied oa tteLaN~ of.-the CnmpanY, of twvds; undertakings, r~ev~tlxmtes, confracfs end aher written eornmlimeucs of;hc Crnnpany catered mte the ardrnary course of ltu5iaeaa(e0[i3 a "Wcittea Conttiuttntsu") : t.!) EeGh of foe Chairmnrt, tk¢ president apd the vta FYeetdrnts Of tde Company t5. hereby aaihoracd m exccukasX ~vrittm Caiwniuurnt f^s and'nn b¢belfof the Company, undo the scat o(WrCompany cr orhtxw'tse. -. -. (2) Each duty appointed BRatney-i¢ fact oftiu Company is tttt:aby Wthtlrizcd to eatxdte anY Written Coaunimtcut: Fur sod an 6ehalf'o(thcCvwp-ny, und¢r the set of Au Goinpaay ^r ofltvu7s0. to the extent that suGfi actprr is authoe4xed by the gcaur of pow4Fy yrnvidcd for is weR a w5 itrm ~pypliitmcuc as such angtneY.tq-fpC[, (3j Each of A+a Chauratm[ she Fs~adent asM. use Vice Prewdenn of che,ComppRy n Leaehy authorized, for pmt pss ytehglf of 3yK Company, to eppnint ar wtKirt6 am' persva the anargey-in-fact oC the Cotrrpeny with felt power acrd aucbiinty 1q~e7c;fCrrte, for cad ran behatFof}he Coenpmty under-the seal of dtc Citmpaay or otikn~se: such Wriuds C:OrrUBiprtetnlf of Ate Carupeny rlv mry be spaciCted fa such wTitlV. appoimmcttt. +v)Zith specification: _:• ,.may 6e M gen~dt.lype4r~ t7AS; Ot:Httieitsp Cvtamivgtuts ot:'by spai&aetrat of qne 4r tvorcpaavwlarNiriMm C'oavtiia¢trnts tal Each of Ate t'ntetnnNS.:ilse President and Vtee Plcstd¢nu of t114Cpmpany is Acr¢by twthorized, for and on baha]fsf th¢ Coarpury, M drleYare in w~ngn~ w.enY other vfpirer of tIx Comttsay i4e mtdtanry 3^ exeiuia For and on bettslt Df ~+p Cvinpany,ynda_tlx['arr,panY'a seal or orhpwis0. such Wrfurn Commiuirdtts of the CptnpGaay ~ are ~ in sueli w~twen dcle~.dsiou, which ~p¢c}flcatvn ropy tx by. gentaal [ypr orclass of ~. Written Go~nniiunanES:or by apttificaiivn ^f one a mora.parttcutar Written Carntai6nans '.: iS) :7be sgttsturc of arrY ^f4crx or otharporsvn ox¢pttwg any Wrmea C~ttsrutiteai[ nr appoipun¢nt m delegation piusUMl to stns Rcso]unve, and the soot dfihc Compauy, may fx affizci fiY faCamile on suck vr'rittrn Cvmmitmcns or wtttteo appgtntmyr~t ar dekgstioi'- F111z'fHER RESQLV Ep, Iliat ibe. fvrr.~ving Rcspfutivn shall not be dWnCdro tte an G{Cliyyive ptaetn¢er of thF,powcsy tend dutho[ly of off cers, eanployecs wd vrhrr p+xaons lv act far end on behalf of the CampaztY, and.,: such Rrsvlutiohshallnot lima or vtlieru~sc affemtDe exetrotse of:aeyntctt pinaeror sathc!r?!y athixNtix va}1dlyijEaatgd or vonad: t tIRTt~R RESOL VED, atsz the Resoluu^n of th<$oardo(thioROrs ^f t}nCCampaay adopted l+t the meeting ttcld ao Novwtxs:fi, t9G9 reluisstg to tltc anthuri7aywn bf cauun persons to saute, for aqd an beha](v£ ~. the Company.- W rittrn Camwitttteaia:acrd-appartttmeeta attd ddsga[ions, is Aerrtrv rt,,aurkd. -Foes hereby non~tnate, constitute attd appoint PATRICtt:S. iviCC~7TCtiTuON, SARA'3i W. i~LLY, 51iAl~ON M: 1'FEIFF~R, FRET) H, WAftD1N5ICY, JONATHAN M.: F^lvtMpNS and KYLE 7-fAGl;lt all of the City of;He3ena, State of JWioniana , enCh individually if there bt ttforaa than one rwamed, ats true i{nd lawful attorney-irrfact, to make, execute; seal and dehverin its behalf, sodas its act amt deed any°audatl boud5. undertakings, fpCoj?tiizances, cautract$ and athar writings in the nature thex~eaf in penalties not exceeding prte Million Two Hiiiulrsd Fifty Thousand Dupers ($1,25Q,Oa0) and the execution of sacfi writings fnpnrsuance of these presents shall be as biadtng'up4n said Company, as ftalty and aurpiy as if they Itad been duly executed and uckowledged by the regularly elected ef#icers of the CbmpSrty at fts pritrcPsl offrce. IN WTFNES5 WH1wREOF, the said Stephen M, Hancy,ltce.President; 1tasheretittto subscribed his name uird affixed the corporate seal of the said;lVES1'CH1SSTl~RPIRE IN9l3ItAN~ COhIPAh3Y this z2nd day nf~agcrary 2Q4$ . .. ~ ~ WFSTC'FIF5TFI2 FIRE tNSC3ItANCE (".OMYANY ~C' ~by± ~~~~ ~~e ~--~ Stt-phen A9: Hapey ,Vice Aresident COMM4NW EAL"TH' CsF YENTtSYLUANIA COUNTY OF:PH1LAfl1~l.PHIA ss.:' Un thsts 22nd day`of January. , A.D. 2008 ,before me, a Notary Public of the L'otnntapurrsf#h at Pennsylvania ua and for the County of Philad~lphirn carne $t~phen tut. ftaaey ,vice}-Presidcv+t of the V1'~5'TCIi~TER FIRE IN5I~ANCR CQMPANI' to the personally known iu be the individual and oF1'Iaty` Jolty exectutd the preceding instrument, and hu acknowledged that he eileoufed ~ saute, and that the seal affii:ed to the-preceding utsoument is the corpnrateseal of said Company;;hat die said con>df'ite seal and hiy signature weir duty aflkxed b5' the audrtsrity and direction pf the said corporaiorl, and drat Resolution, adopted by the Hoard of Duectars of said Company, referred to-~ thts pr®ceding instrument; is now irr force 1N TES'ftMONY 11VHERELSF,1 have lrer~irto set my hand and affixed my official sent at the City of t?biludelph8 the day arts year First above written.;. ,.>M-~..,,v E ~ fppr ca,r~ e ~ f ~y~ ft~~r ~r~~ <. t~ ,, Notary Public 1, the trndersigned Assistant 5xrrtary of V1'F~'I"CI~1~STER Fllt>v iNSC1RANCIQ CUItTPr~+IY , da hetaby ceitify that: the origrnal PC)WER PF ' ATT(JRNfi~ ofvvhich the forregping is a suhstantialty true and cprmct Ctrpy, iS is fat] force sndefl'cex. In With s whoa f i -~.ayc hereunto subsctitxd my tiarric as Assistant Secretary, and affixed the corporate seal of the Ct;~rpnration, this ~~ day of 49 '~ ` jjy v~`t' ~'. ~ W111iam ?r. Kelly , AssiStattt Secretary ti,~: C6.. THISP'CfWER flF ATTORNE`f MAY NOT 8;^ USI~t) TO EX)~CUTtr At,iY Bfl3ifp W1T}f Alri INC>vPT10hf t)ATE AF'fEi;: January 22, 2r}IO . THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES ~ THAT WILL, PROTECT AGAINST COPY COUNTERFEIT ANp ALTERATIQN. ADDENDUM #1 This addendum is intended to correct a typographical error on Section 00300 Sid For~~a, S.OI., 1tc~n 7 (page 3 of 6). Iteza~ 7 will be reworded as follows to be consistent with the plans and specifications: old wording. Item No. Descri tian Estimated uanti Unit Unit Price Total Price 7. _ MC8000 Seal and Chip Coat, I/Z" 15,b00 S.Y. $ $ New w~r'ding: Item No. Descri tion 7. MC800 Seal and Chip Coat, ;/" Estimated Unit Price I Total Price 15,600 ~ S.Y. ~ $ Attached to this addendum is a revised page 3 of 6 of Seciion 00300 -Bid Forrn that corrects the error. EZeplace the original page 3 of 6 with the revised page 3 of 6 included with this addendum and discard the original page 3 of 6. ADDENDUM #I Project 09-04 Martinez Gulch Road Improvements Pr~jcct ADDENDUM #2 This addendum will address requirements for revegctation as shown on the Bid Form, Section 00300 - 5.01, item 11. REVEGETIITION. Due t(7 the steepness of the area slopes (3H' 1 V or steeper), revegetation will be in accordance with MPWSS, Section 2420 -Hydraulic Seeding. The total estimated area of hydraulic seeding is approximately 4,000 square yards. K•z°cr~a/ia~ ~~Zo/O~ ~~~~~ #~ f'so}cct 09-04 Martinez C ulch Road Improvements Project SECTION 00300 SID FORM PROJECT IDENTIFICATION: Martinez Gulch Road Improvements Project Jefferson County, Montana CONTRACT IDENTIFICATION AND NUMBER: Martinez Gulch Road Improvements Project, 09-04 THIS SID SUBMITTED TO: Jefferson County P.O. Sox H, 210 West Centennial Boulder, MT 59632 1.01 The undersigned Bidder proposes and agrees if this Bid is accepted, to enter into an Agrcet~ncnt 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 teni~s and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and Instruction 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 fir 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 Agrectrtcnt, 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 the following Addenda: Addendura~ No. Addendum Date ;arena! ~~. A__ T .~ ~ Z O - ,~ 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 Section 00 X00 - 1 of 6 Project 0~)-04 BID FORM Martinez Gulch Road Improvements Project C. Bidder is familiar with and is satisfied as to a.ll federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all (]) all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Undcrgn-ound Facilities) which have been identified in the Special Provisions as provided in paragaph 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 paragaph 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 Undergound Facilities) at or contiguous to the Sitc which may affect cost, progess, 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 etnploycd 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 terns 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. Biddcr 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 anal data with the Bidding Documents. 1. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, at~d 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 agt•eetment 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, fire 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. Section 00300 - 2 of b Project 09-04 BID FORM Martinez Gulch Road ]mprovements Project Aug 19 09 g4:16p Tony Prothero 4062275704 p,2 The BIDDER certifies that na ofl~icial of the OtiVNER, ENGINEER ar any member of such officials immediate fatrtily, has direct or indit'cct interest in the pecuniary profits or Contracts of the BIDDER 5.01 The Bidder aji11 complete the Work in accordance with the Contract Documents for the following prices}: ltern Estimated Na. Descri Tian uanti Unit Ctnit Price Total Price 1. IVlobilization 1 ~ L.S. $ ZC10,Q0 $ 20®. °~ 2. ~ 24" Drama a Culverts 120 L.F. $ '-l . 92 $ N/ 3. I S" Drain e Culverts 280 L.F. $ $ ~ 1 ~" Draina a Culverrs 120 L.F. $ $ '3 W 3 1 . 5. Roadwa Excavation and Embankment 2500 C.Y. ~ 7 ~ 2 l 5. 6. 'id" Minus Crushed Base Course 2500 C.Y. $ ~. $ 7, MC800 Seal and Chi Coat, %" 15,600 S.Y. $ . 1 1 ~ ~l 5 l6 . S. GRS-2P Seal and Chi Caat, 3/8" 15 600 S.Y. ~ Z , 3 3 $ 9. Si na e- MUTCD WS-1 2 EA $ ZS ,on $ eaC 10. Construction Traffic Control 1 L.S. $ oo g o[ 1 l . Reve~etation 1 L.S. $ 3~j p(7. ~ $ 3 S Ca0 . d TOTAL ESTCMATED BI17 PRICE $ ~ ~'Q ~ y q, ~(~ (F~gur~) TOTAL lEST114iATED pllD PRICE (VI%orclsl A. Unit Prices have been computad in accordance with paragraph 11.03.8. of the General Conditions. B. Bidder acknowledges that estimated quantities are not guaranteed; and are solely far the puapose of comparison of Bids, and final payment far all Unit Frice Bid items tivill be based on actual quantitYes pra~~ided, 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 Priee and Total Amount of Unit Prices Bid as listed above after extensions are checked and corrections made, if any, the "Total Amount of L]nit Frices Bid as corrected shall be used in awarding this Contract. D. The DWTIER resen es 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 i x.07 of the General Conditions on ar before the dates or within the number of calendar days indicated in the Agreement. Section OD300 - 3 of b Pro1~t ~-~ BID FORM Martinez Guteh Road ln,pravemcnts ]'r+nject 'D 00 00 on 00 n 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 farm of a Bid Bond identified in the Instructions To Bidders. B. AGENCY required certifications. (Refer to Special Provisions, for AGENCY certifications and requirements.) C. Any requirements per Special Provisions, including a tabulation of Subcontractors, Suppliers {and others} individuals and entities required to be identified in this Bid, required Bidder qualifications statement with supporting data; and, D. List other documents as pertinent. 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 /,j~:l s~ Z l 20 ~_ Montana Contractor's Registration # (if any) Z ~ d g, ~ Employer's Tax ID No. _ 8 ~ -~ ~ 3 $ ~ S 5 ~'{ __ If BIDDER is: An Individual: By: Doing business as: Business Address: (Name typed nr printed) (SEAL) (Individual's Signature) (Street Address) (City, State, Lip) Phone No.: Fax No.: Section 00300 - 4 of 6 Project 09-04 BID FORM Martinez Gulch Road lmproven~ents Project A Partnership: ,r ~ W ~ ~ ~ x C(' / G.~i IV g tl~~, f uti~t.4 L ~ ~ _ (Partnership ante) By: ~ (SEAL) (Signature) ~ (Nome, typed or prinlcd) Business Address: 3d ~ '~ L , Qr (Street Address) (C:ity, State. Zip) Phone No.: (~c~6~_~_6 4 ~ ~ FAX No.: C~,p,g ~~~ - ~ 7 5 ~( A Corporation: (C'orporation Name) State of Incorporation Type (Genera] Business, Professional, Service, Limited Liability): B y: (SEAL) (Signatw•c of person authorized to sign) Title: Attest: (CORPORATE SEAL) (Signature ot• Secretary) Business Address: (Sh•eet Address) (C'ity, State, lip) Phone No.: FAX No: Date of QualiEcation To Do Business Is: Section 00300 - 5 of 6 Pr~jcct 09-04 BID FORM Martinez Gulch Road Improvements Prgjeci A Joint Venture: Joint Venturer Name: Each Joint Venture Must Sign (Name) By: Name: Title: Business Address: (Signature of Juint Venture Partner) (SEAIs) (Natttc, printed or typed) (Street Address) Phone No.: Joint Venturer Name: By: Name: T1t1C: Business Address: (Name, printed or typed) (Street Address) Phone No.: (City, State, Zip) FAX No: Address of Joint Venture for Receipt of Official Communication: Address: (City, State, Lip) FAX No: (Natttc) (Signature of Joint Venture Partner) (SEAL) (Street Address) (City, State, "Lip) 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 ventw-e should be in the manner indicated above.) Section 00300 - 6 of 6 Project 09-(k~ B117 FORM Martinez Gulch Raad Improvements Project BID $~~ PENAT. SUM FORM Any singular reference to Bidder, Surety, Owner, or othex party shall be considered plural: where appIicabl~, BIDDER (Name and Address): HELENA SAND & GRAVEL, INC. 2209 AIRPORT ROAD HELENA, MT 59601 SL1R-1~Tl' (Name s-nd Address of Principal Place of BusnneSS): FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, TOWER ONE, 19TH FLOOR SCHAUMBURG, IL 60196 OWNER (Name and Address): JEFFERSON COUNTY 201 CENNTENNIAL P.Q. BOX H BOULDER, MT 59632 BID Sid Due Date: AUGUST 21, 2009 Project (B1Cief Description Including T.,ocation): MARTINEZ GULCH ROAD IMPROVEMENTS PROJECT 09-04 >3oND Boad Number: N/A Date {Not later than Sid due dart): AUGUST 21, 2009 Penal sum TEN PERCENT OF AMOUNT BID 10% OF BID {Wards) {Figures) Surety sad Bidder, iateodiag to be legally bound hereby, subject to the terms printed on the reverse side hcreo>j da each cause this Bid Bond to be duly executed on its behalf by its authorized ofiicer, agent, or representative. F~IDDBR (Seal HELErIA SAND & GRAVEL, INC. ~ Bidder's Naaxe and Corporate Seal SLIRE7Y FIDELITY AND DEP051T COMPANY (5ta1) OF MARYLAN 5urcry's Name and tporate Seal By: Signature and Title l~!%L /'~ ~"~ ,df~ Attest: ~-~~~ ll~~~ Signature and Title " /~5'i5sTi7~t/~ ,~G~Pf~} Sigaature Attest: ~ Signature d Title LISA H L ,WITNESS Note: Above addresses arc to be used for giving required notice. COUNTERSIG E ' BY: F.iCDC NO, C~3o ~zooz ~ataop> oo~at PENAL SIJM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, adnri.nistrators, successors and assigns to pay to Ow,aer upon default of Bidder the penal sum set forth an the face of this Bond. Payment of the penal sum is the extent of Surety's liability. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the tune required by the Bidding Dncutttcnts (or any extension thereof agreed to in writing by Owner? the executed Agreement required by the Bidding pacumcnts and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void i£; 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Dacumtats (or any cxtensioa thereof agreed to in writing by Qwntr) the executed Agreement required by the Bidding Documents and any performance and payment bonds req~»d by the Bidding Documents, or 3.2. All Bids arc rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the tune specified in the Eidding 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 >3ond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice wr'll be gives with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 7, Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located iA the state in which the Project iS located. 8. Noaccs required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown oa the face of this Bond» Such maces may be sent by personal delivery, commercial courier, or by Uraitcd States Registered er Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be cffccave 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 hind the Surety thereby. 10. 1"ius Bond is intended to conform to all applicable statutory requirements, Any applicable requirement of any applicable statute that has been omitted from this Band shall be deemed to be included herein as if set forth at length. If any provision of this Bond conllicrs with any applicable statute, then the provision of said statute sb~.ll govern and the rernaindcr of this Bond that is not in conflict therewith shall continue in full farce and effect. 11. '1'6e term "Bid" as used herein includes a Bid, offer, or prapasal as applicable. S. Surety waives noQee of any and aIl defenses based on or arising out of any tirru extension to issue Notice of Avrard agreed to in writing by 4wucr and $idder, pravidcd that the total time for issuing Notice of Award including extensions shall not in the ag~regau exceed 120 days from Bid due data without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior ro 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in nn case Inter than one year after Bid due date. EJCDC N0. C•430 (3t-DZ $dldon) (1p431~Z SURETY ACKNQWLEDGMENT STATE OF UTAH COUNTY OF SALT LAKE } SS On this 21ST day of AUGUST, 2009, before me personally came TINA DAMS to me known, who, being by me duly sworn, did depose and say that she is an Attorney-In-Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-In-Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. yOlt~ r '"[~Sd~~~~ ~ ~ ~ ' SHANNON HER~9AT " •~ s Commission Number 578901 ~ ~ ~ e Ny Commission Expires ' ~ ~o~ ,~~ Nay 19.2013 ~ ' .y.. Sate of Utah ~ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Tina DAVIS, Marcinda DRYSDALE and Kiri al City, Utah, EACH its true and lawful agent and Attorney-in-Fact, to make, execute , a ' sA surety, and as its act and deed: any and all bonds and undertakings a p ® f s mgs in pursuance of these presents, shall be as binding upon said Co y~ 1 )' d purposes, as if they had been duly executed and acknowledged b ~ 1 ted ~ any at its office in Baltimore, Md., in their own proper persons. Th' a r~ ° ehalf of Tina DAVIS, Marcinda DRYSDALE, Derik STEVENSON, date 2, The said Assistant s~eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st day of February, A.D. 2008. ATTEST: Fop 04Pps~i ~ ~~4 r ~e a .~+.' '~ w ~ ~ ~~ ~ ° ~,,.., State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley Assistant Secretary >~y: ~f' Frank E. Martin Jr. vice President On this 21st day of February, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ``,~~1`~~~ b~l~h .44x ~` ` 4~ ~i IIG 1 : ,'Q'. 'L•f IC• f~ . '~L .~ `` t Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 020-8022 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the $y-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l 0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 21ST day of AUGUST 2009 Assistant Secretary SECTION 00300 SID FORM PROJECT IDENTIFICATION: Martinez Gulch Road Improvements Project Jefferson County, Montana CONTRACT IDENTIFICATION AND NUMBER: Martinez Gulch Road Improvements Project, 09-04 THIS BID SUBMITTED TO: Jeffe~•son County P.O. Box H, 210 West Centennial Boulder, MT 59(32 1.01 The undersigmed Bidder proposes and agrees if this Bid is accepted, to enter into ara Agreetment with OWNER in the form included in the Bidding Documents, to perform and f'ui~lish al} Work as specified or indicated in the Bidding Documents for the prices arad within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts al] of the tei-ins and conditions of the Advertisement or Invitation to Bid, and Instruction to Bidders, including without limitations tlaose 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 i-cquest of OWNF,R. 3.01 In submitting this Sid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Biddiiag Documents, other related data identified in the .Bidding Docummcnts, and the following Addenda, receipt of all which is hereby ack~~owledged the following Addenda: Addendum No. Addendum Date ~ra~tj,S-r /g,~~'9 .4r~~~ . sT .2 G; 2c~^ `~ B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that imay affect cost, prob*i-ess, and performance of the Work Section 00300 _ 1 of 6 Project U~-0~ F3ID FORM Martinez Gulch Road In~hrovernents Project C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that znay affect cost, prog--ess, and performance of the Woz-k. D. Bidder has carefully studied all (1) all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Undergz-ound Facilities) which have been identified in the Special Provisions as provided in paz-agz-aph 4.02 of the Genera} 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 Underg~z•ound .Facilities) at or contiguous to the Site which znay affect cost, prob•ess, or perfozznance of the Work or which relate to any aspect of the means, methods, techniques, sequences, az~d 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 detez-znination of this Bid for perforzmazace of the Woa-k at the pz-ice(s) bid and within the times and in accordance with the other tez-zns 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 cvzrelated the infoz-zalation known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Biddizag Documents, and a.ll additional exazminations, investigations, explorations, tests, studies and data with the Bidding; Documents. I. Bidder has given ENGINEER written notice of all conflicts, erz-ors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the wa-itten resolution thereof by ENGINEER is acceptable to Bidder . J. The Bidding Documents are generally sufficient to indicate and convey understanding of all tez7ms and conditions far the perfoz-zmance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Sid is genuine and not zmadc in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rubs of any group, association, organization or cozporation; Bidder has riot diz-ectly or indiz-cctly induced or solicited any other Bidder to submit a false or sham Bid; Bidder laas not solicited or induced any person, fine or cozporation to refrain frozen bidding; and Bidder has not sought by collusion to obtain for itself any advantage oyez- any other Bidder or over OWNER. Section 00300 - 2 of C I'rc~ject 09-04 I3Ill r-oRM Martinez Gulch Road Impro~~ements Project 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): Item No. Descri taon Estimated uanti Unit Unit Price Total Price 1. Mobilization 1 L.S. $ ? q~ . CL $ I ~A"~. ~' 2. 24" Drains a Culverts 120 L"F" $ `- ~ ~ $ ?~ G~-i~~CL` 3. 18" Drains e Culverts 280 L.F. $ ZS ~ <~ $ `~ , (~C 4. 15" Drains e C~xlverts 120 L.F. $ 2 . Z~= $ 2 . " , . CCU 5. Roadwa Excavation and Embankment 2500 C.Y. $ ~ . $ " ~ c° ~ , ,( 6. 3/4" Minus Crushed Base Course 2800 C.Y: $ ~ .C- C $ 1~2 ~'~, , 7. MC800 Seal and Chi Coat, %z" 1 S 600 S.Y. $ " , I $ ~~. 8. CRS-2P Seal and Chi Coat, 3/8" 1 S 600 S.Y. $ a $ ' - , ?~ ~ 1~ ~ 9. Si a e - MUTCD WS-1 2 EA $ ~ ' ^ $ , ; 10. Construction Traffic Control 1 L.S. $ ; ~~ ~~ $ J`-;~;; , (~'; 11. Revegetation I L.S. $ j, 2-LC ,L(~` $ 1, 2CC-, (`C TQTAL ESTIMATED BID PRICE $ Z~~ L ~ ~ Z-.~ (Figures) TQTAL ESTIMATED. BID PRICE -~I,ti ,I'~ l.~_r~C~ r ~~,1 ~r~--~~1~Cu~~c~r,~ -~C~~~ h ~~~Clr~~C~l~tjti~~ i ~~~clo'i lcr~ (Words) L'~~ ~l.l ~~~~~ ~,]L~ t I~ 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 i°eady 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. Section 003OU - 3 of 6 Project 09-04 STD FORM Martinez Gulch Road Improvements Project 6.02 Bidder accepts the provisions of the Agreell?ent as to liquidated damages in the event of failure to complete the Work within the tinges specified above, which shall be stated in the Agreement. 7.U1 The following documents are attached to and made a condition of the Sid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the foI-In ofa Bid Bond identified ita the Instructions To Bidders. B. AGENCY required certifications. (Refer to Special Provisions, for AGENCY certifications and requirements.) C. Any requirements per Special Provisions, includi~ag a tabulation of Subcontractors, Suppliers {and others) individuals and entities required to be identified in this Bid, required .Bidder qualifications statement with supl?oi•ting data; and, D. List other documents as pertinent. 8.01 The terms used in this Bid with the initial capital letters have the meaninl;s indicated in the Instructions To Bidders, General Conditions, and the Supplementary Conditions- SUBMITTED on ;r~t~9c~;~ ~ l 20 ~~ Montana Contractor's Registration # (if any) ~ .~ .~ ..3~ .. Employer's Tax ID No. $ .2 3 t~ 5~ 3 ~ 8 If' BIDDER is: An Individual: By: Doing business as: Business Address: (Individual's Signature) (Street Address) (City, 5tatc, 7_ip) Phone No.: Fax No.: (Name typed or printed) (SEAL} Section OU X00 - 4 of 6 Prnject 09-04 BID FURM Martinez Gulch Road Improvements I'rojcct A Pa><'tnership: sy: (SEAL) Business Address: Phone No.: (Partnership Name) (Signature) (Name, typed or printed) (Street Address) (City, State, Zip) FAX No.: A Corporation: ~e% n ~x -S _t~.-~ ~ ~ ~a r ~ s ye l ~~_r c- _ (S~AL~•- / (C'o~~toration Name) --. Slate of Incorporation 7 c t.~c~ t"~. ..~ . _ _ ~ _ Tyi)C (General Business, Professional, Sctvice, Limited Liability): ~~ r7~~'a/ ~C1S •`h~.~S By: Title: ~il.~ I~^P ~.', (Sianatureofpeison authorized to sign) Attest: ~,/~, (CORP~RA'~'~ SE,~c~) _ (Signature of 5ecret~ry) _ Business Address: ~.2 ~1 ~-~ .¢;'r.ncr't l~: ~ .__~_~.- - ~ (St,•eet Address) (City, State, Zip) - Phone No.: y~-G ~ y.Z l ~ 8 S FAX No: _ <l~? f ~ ~{ Y ~~ ~~ oi' .._ Date of Qualification To Do Business Is: ~~n y:~r~r ~ , ~~)~ „~ Section 00 X00 - a ctf 6 I'rgjcct 09-04 I~rn roRn~ Martinez Gulch Road Improvements Project A Joint Venture: Each Joint Venture Must Si~n~ Joint Venturer Name: (Name) B y: (Signature of Joint Venture Partner) Name: Title: Business Address: (Name, printed or typed) Phone No.: Joint Venturer Name: By: Name: Title: Business Address: (Street Add,-ess) Phone No.: (C'ity, Slate, Zip) FAX No: Address of Joint Venture for Receipt of Official Communication: Address: (Sh•eet Addretis) (City, Stare, Zip) FAX No: (Name) (SEAL) (SEAL) (Si;naturcof.loint Venture. Partner) (Name, printed or typed) (Sd'eet Address) (City, State, Zip) Phone No.: FAX No.: (Each Joint Venture must sign. The matuier of sip ing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) Section OU30U - 6 of`f> Project U9-0~ BID FORA~1 It4artinez Gulch Road Improvements Project . SECTION 00400 SPECIAL PROVISIONS CONTACT INFORMATION. The following individuals /organizations are the pr-irnar-y contact individuals for the Martinez Gulch Road Improvements Project. a. PROJECT ENGINEER: Tony Prothero, P.E. Inter-rnountain Consulting Engineers LLC Phone/Fax: (406) 227-5704 Mobile: (406) 439-8027 b. PROJECT SURVEYOR: Clu-is Ries, P.L.S. Ries and Associates Phone: (406) 458-.5243 c. JEFFERSON COUNTY ROAD SUPERVISOR: Joe Carter Phone: (406) 225-4170 Fax: (406) 225-4169 2. STAKII~TG. CONT1tACTUR shall notify SURVE~'OR at least 48-hours in advance for any required construction staking. Depending upon the amount of staking required, additional advance notice maybe required. CONTRACTOR is not required to pay fear engineering, surveying, or testing/quality assurance testing services that are reasonable and essential to the project. CONTRACTOR is responsible for replaccnlent of construction staking, additional engineering, or quality assurance testing resulting from excessive substandard work or negligence at CONTRACTOR'S expense. 4. CONTRACTOR shall maintain copies of the Final Construction Plans, Special Provisions, Jefferson County Road Standards, and the Montana Public Works Standard Specifications, 5`h Edition, on the job site during construction. 5. TREE REMOVAL. Approximately 110 trees need to be removed fi-orn the 1?r'oject lir~~its and adjacent. This item will not be completed or paid for by the CONTRACTOR. 6. UTILITY .LINE RELOCATION. A telephone pedestal and associated buried phone line is present at STA 38+38. This item will not be completed or paid for by the CONTRACTOR. 7. UTILITIES. There are several existing buried /overhead utility lines present in and adjacent to the project limits. The project was designed to eliminate and/or minimize conflicts with utility lines. CONTRACTOR shall notify engineer if a conflict with an existing utility is anticipated prior to excavation. CONTRACTOR shall coordinate repairs to damaged utility lines during construction with the appropriate utility Section 00400 - ]oft I'rnject 09-04 SPECIAL PROVISIONS Martinez Gulch Road Tnaprovenaents Project companies. CONTRACTOR is not required to pay for damage to utility lines that arc essential to the construction of the project. CONTRACTOR is required to pay for damage to utility lines resulting from negligence. 8. DOUBLE SHOT CHIP SEAL. Jefferson County Road Standards require chip sealing to occur no later than September I annually. CONTRACTOR shall notify engineer of anticipated date that chip sealing may occur at least two weeks in advance such that authorization from Jefferson County can be obtained to deviate fi-oraa the road standards if it is dctcrrnined that weather rrray pen~ait chip sealing; to occur past Septetnher 1. 9. CONSTRUCTION DURATION. If it is determined that weather conditions will not permit the double shot chip seal to occur in the 2009 construction season, the CONTRACTOR is permitted to extend the duration of construction into the 2010 constr~rction season - without penalty -until weather conditions are suitable for the performance of the double shat chip seal. l 0. WINTER SHUTDOWN. In the event of a winter- shutdown, CONTRACTOR shall notify ENGINEER at least two weeks in advance of the anticipated date of shutdown. Additionally, roadway shall be constructed io a condition where it is passable by conventional automobiles prior to shutdown. ENGINEER and JEFFERSON COUNTY ROAD SUPERVISOR shall approve road condition prior to shutdown. CONTRACTOI~ shall maintain the road throughout winter, including drainage through culverts. CONTRACTOR is raot required to provide snow removal services. 11. ONE YEAR WARRANTY. The CONTRACTOR is required to warranty all conshltction for one year after final acceptance of tlac project. 12. Refer to Montana Public Works Standard Specifications, 5`~' Edition (Ml'WSS), for Agreement (Section 00500), Standard Conditions of the General Cotatract (Section 00700), Supplemental Conditions to the General Conditions (Section 00810), and EJCDC Documct~ts / Forms provided within MPWSS for Bid Bond, Notice of Award, Notice to Proceed, Performance Bond, Payment Bond, Contractor's Application for ,Payment, Work Change Directive, Change Order, and Field Order. END SECTION 00300 Section 0000 - 2 of 2 Yr~ject 09-04 SPIrCIAL PROVISIONS Martinez Gulch Road Improvements Project ~~T 1 SECTION 00100 INVITATION TO BID Separate sealed bids for the construction of the Martinez Gulch Road Inapravetnents Project will be received by the offce of the Jefferson County Corr~mission, 210 West Centem~ial, P.O. Box H, Boulder, MT 59632, unti12:00 pna local time on Friday, August 21, 2009. At said place and time, and promptly thereafter, all bids that have been duly received will be publicly opened and read aloud. The project consists of the reconstruction of ] .26 miles of existing Martinez Gulch Road in Jefferson County generally beginning at South Hills Road atld tena~inating at Aia-owroot Drive. The project includes roadway excavation and ernbata]ctnent, drainage improveaaaents, base course g~r•avel, double shot chip seal surface treahnent, and appurtenances. The Contract 17ocuanents consisting of 11"xl7" Drawings and Project Manual naay be examined ar abtained at the office of Intenaaountain Consulting Engineers LLC, 3264 Hai-~ZCSS hoop, Helena, NIT 59602 (Phone: 406-22'1-5704 or 406-139-8027). Required deposit is $50 per set which isnon-refundable. The Contract Documetats, inclucliaag Drawings, can also be emailed free of charge. There will he a Pre-Bid Conference held on site at the intersection of Martitaez Gulch Road and South I-Iills Road at 1:00 ptn on Monday, August 17, 2009. Interested CONTRACTORS are encouraged to attend. CONTRACTOR and any of the CONTRACTOR'S subcontractors will be required to be registered with the Montana Department of Labor and Industry (DLI). No bids will be considered that do not carry the CONTRACTORS registration number on the bid and on the envelope containing tlae bid. `1'he successful Bidder must ensure that employees all aa-c not discriminated against because of race, color, religion, sex, or national origin. Each bid must be acconapanicd by a certified check, cashier's check, or bid band payable to Jefferson County, in an amount not less than ten percent (10%) of the total amount of the bid. Successful bidders shall furnish an approved pea-foi•~nanee band and a labor and materials payment bond, each in the amount of one hundred percent (100%~) of the contract aiaaount within 10 days of award. Work on the project is to begin wiilain I O days of award. This project is funded in whole with loan funding frnan Intercap. Award of the project will be contingent upon receiving funding and award concut~•ence from Jefferson County. Jefferson County reserves the right to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed (CO) days, and to accept the lowest responsive and responsible bid which is in the best interest of the public. Jefferson County is an equal opportunity employer. Section OOl UO - 1 of 1 Project 0I-04 INVITATION TO SID Martinez Gulch Road In~provement~ I'r~ject SECTION UU200 INSTRUCTIONS TO BIDDERS ARTICLE l-DEFINED TERMS 1.01. Terms used in these Instructions to Bidders will have tine meanings indicated in the General Conditions and the Supplementary Conditions. Additional terms used in these Instructions. To Bidders have the trteanings 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 fi-ota~ which tlac Bidding Documents are to be issued atad 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 OWNER's evaluations as hereinaller provided) tnalces an award. ARTICLE 2- COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents it1 the number and for the deposit sutra, if any, stated in the Invitation to Bid may be obtained fi-orn the Issuing Office. The deposit will not be refunded. 2.02 Complete sets of Bidding Docuta~ents trust be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility far errors or tnisitltetpreta.tions resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only far the purpose of obtaining Bids on the Work and do not confer a. license or g1•ant for any other use. ARTICLE .3- QUALIFICATION OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five (5) days of OWNERS request, Bidder shall submit written evidence, such as financial data, previous experience in perfona~ing comparable work, present commitrncnts and other such data as maybe called for in the Special Provisions. In determining the lowest responsible bid, the Iollowing elements v,~ill be considered: whether the BIDDER involved (a) maintains a permanent place of business; (b) has adequate plant at~d Section 00200 - 1 of ] ] Project 09-04 INSTRUCTION TO BIDDERS Martinez Gulch Road lmproveit~ents Project equipment to do the work properly and expeditiously; (c) I~as a suitable financial status to meet obligations incident to the work; and (d) has appropriate technical experience. Each BIDDER maybe required to show that former work pea-fonned by liitn 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 uJhich impairs his ability to finance his contract. The BIDDER shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. ARTICLE 4 -EXAMINATION OF BIDDING DOCUMENTS, UTHER RELATED DATA AND SITE 4.01 Subsurface and Physical Conditions 4.02 Underground Facilities A. Infornzation and data shown or indicated i~a the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon infoi-~1~ation and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy oa- completeness thereofunlcss expressly provided otherwise elsewhere. 4.03 Hazardous Enviromnental Condition A. The Special Provisions identify tl~osc reports aaad drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing tlae Bidding Documents. B. Copies of repoa-ts and drawings referenced in parag~•aph 4.03.A will be made available by OWI~TER 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 paragn-aph 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 conce~~aing responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, llndergnound Facilities and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paran-aphs 4.0?, 4.03, and 4.04 of tlae General Conditions. Provisions concerning responsibilities for the adequacy of data funsished to prospective Bidders witla respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environzi~cnta.l Condition uncovered or revealed a.t the Site which was not shown or indicated in the Drawings or Specifications or identified in the Section 00?00 - 2 of 11 Project 09-04 INSTRUCTION TO T3IDDI;RS Martinez Gulch Road Improvements Project 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 al] hales and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.. 4.06 Reference is lmadc 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 Sid is to lie submitted- On request, OWNER. will provide to each bidder for examination access to or copies of Contract Documents (other than portions thca-eof related to price) for such work. 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 becot~~e familiar with and satisfy Bidder as to the geaicral, local, and Site conditions that may affect cost, proln-ess, and perfoi~nance of the Woa-k; including but riot 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 aaad ground conditions, equipn~cnt and facilities needed preliminary to and during work prosecution, C. Become familiar with and satisfy Bidder as to all 1~ederal, State and Local Laws and Regulations that a~iay affect cost, progress, or performance of the Worlc; 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 hacilities) 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 paraan-aph 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 Underb~-ound Facilities) at or contiguous to the Site which play affect cost, probn•ess, or performance of the Work or which relate to any aspect o1~ the means, amethods, techniques, sequences and procedures of construction expressly required by the Bidding Documents, and safety I?recautions and progn-ams incidctat thereto; F. Agree at tl~e time of submitting its bid that no fur-thcr examinations, investigations, Section 00200 - 3 of Z I Project 09-04 INSTRUCTION TO BII.)UIJRS Martinez Gulclt Road Improvements Project exploration, tests, studies or data are necessary for the deter-urination of its Bid for perfot7l~ance of the Work at the price bid and within the times and in accordance witla the other teens and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be perfona~ed by OWNER and others at the Site that relates to the Work as indicted in the Bidding Documents; H. Correlate the infoiznation know to Bidder, information and obsettiations obtained from visits to tlae Site, reports and drawings identified in tlae Bidding Documents, and all additional exalminations, investigations, explorations, tests, studies, and data with the Biddialg Documents. I. Promptly give ENGINEER written notice of all conflicts, etTO~-s, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and contirn that the written resolution thereof by ENGINEER 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 perfot7nance of the Work. d.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 exceptioza the Bid is premised upon pcrfornling and furnishing the Work required by the Bidding Documents and applying any specific means, zncthods, techniques, sequences or procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has g1VLl7 ENGINEER written notice of all conflicts, en-ors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by ENGINEER are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing tlae Work. Section 00200 - 4 of 11 Project 09-04 INSTRUCTION TO 131DDERS Martinez Gulch Road Improvetncnts Project ARTICLE S -PRE-BID CONFERENCE S.OI A pre-Bid conference will be held at the time and place listed in the levitation To Bid. Representatives of OWNER and ENGINEER will be present to discuss the project. Wielders are encoua-aged to attend and participate in the conference. ENGINEER will transmit to all prospective bidders of record such Addenda as ENGINEER considers necessary in reslaanse to questions arising at the conference. Oral statements inay 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 matez-ials and equipment to be incorporated in the Worlc are to be obtained and paid for by CONTRACTOR Easement for permanent stivctures or pei7nanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise 1?rovided in the Bidding Documents. ARTICL.,E 7-INTERPRETATIONS AND ADDENDA 7.01 Al] questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clat-ificatior~s considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER 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. 7.02 Addenda may be issued to clarify, correct or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.03 Any addenda issued during the tune of bidding, or foaming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in tlac Bid and shall be invade 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 v~~ill be considered incomplete and will not be read. ARTICLE 8-. SID SECURITY S.OI A Bid must be accompanied by Bid Security made payable to OWNER in an amount of tern percent (l0%) of Bidder's maximum Bid price and in the form of cash, a cashier's check, certified check, bank money order, or bank draft, in any case dra~r~n and issued by a national 5eetion OOZQO - 5 of 1 ] Project 09-U4 INSTRUCTION 'r0 L'IDDEf2S Martinez Gulch Road Improvements Project banking association located in Montana or by any banking corporation incorporated under the laws of Montana; or a Bid Bond (on a for-rn 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. Bid Bonds shaI1 be countersi,~n~ed by a Resident Montana Agent. 8.02 The Bid Security of the Successfial 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 arv~ul the Notice of Award and the Sid 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 n•ray be retained by QWNER until the earlier of (7) seven days after the Effective Date of the Agreement or (61) sixty-one days after the 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 Sid opening. AR'I'ICLIr 9- CONTRACT TIA'IES 9.01 The number of days within which, or the dates by which, tlae Work is to be (a) Substantially Completed and (b) also completed and ready for final payr~~ent arc set forth in the Agreement. ARTICLE 10-LIQUIDATED DAMAGES 10.01. Provisions for liquidated damages, if any, are set forth in the Agreerxrent. ARTICLE 11- SUBSTITUTE AND "OR-EQUAL" ITEMS The Contract, if awarded, will be on the basis of n~a.terials and equipr~aent specified oz- described in the Bidding Documents, ar those substitute or "or-equal" materials and equipment approved by the ENGINEER and identified by Addendum. The materials and equipz~r~ent described in the Bidding Documents establish a standard of required type, function and quality to be r7~et by any proposed substitute or "or-equal" item. No item of material or equipment will be considered by ENGINEER as a substitute or "or-equal item unless written request foz' approval has been submitted by Bidder and has been received by ENGINEER at least l S days prior to flat date for receipt of Bids, unless othertivise specified. Each such request shall confor-rn to requirements of paragraph 6.05 of the General Conditions. The burden of proof of`the za~erit of the proposed iteza~ is upon the Bidder. ENGINEER'S decision of approval or disapproval of a proposed item will be final. If ENGINEER approves any proposed item, such approval will be set forth iza an Section OOZ00 - 6 of 11 Pz-c~ject 0~-04 INSTRUCTION TO BIDDERS R~lartinez Gulch Road Improvements I'r~jcct Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. ARTICLE l2 - SUBCONTRACTORS, SUPPLIERS AND OTiIERS 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 Datc of the Agreement, the apparent Successful. Bidder, and any other Bidder so requested, shall will within five (S) 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 or ENGINEER alter due investigation has reasonable objection to any proposed Subcontractor, Supplier, individual or entity OWNER ra~ay, 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 OWNED may deterr~~ine such Bidder to be non-responsive and reject the Bid. Declining to make requested substitution will not constitute g~r-ounds for forfeiture of the Bid Security of any Bidder. Ar~y Subcontractor, Supplier, individual or entity so listed and against which OWNER and ENGINEER makes no written objection prior to il)e giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of tl)e Agreement as provided in. Paraba-ap]) C.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. ARTICLE 13- PREPARATION OF BID 13.01 The Bid Forn is included with the Bidding Documents; additional copies may be obtained fi'ora~ the ENGINEER. 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 r7ders or qualifications to the Bid being submitted may be rejected as ir7-egular. 13.02 All blanks on the Bid Form shall be cormpleted by printing in ink or by typewriter and the Sid signed. A Bid price shall be indicated for each Bid item listed therein, or the words "No Bid", "No Change", or "Not Applicable" entered. 13.03 Bids by a corporation r~~ust 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 cor-horation, which is Section 00200 - 7 aC I ] Project U9-04 INSTRtICTInN TQ BIDDERS Martinez Gulch Road Improveuaents Prgject 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 sibature and the official address of the partnership must be shown below the sib ature. 13.05 A Bid by a limited liability company shall be executed in the nat~te of the firm by a member and accompanied by evidence of authority to sign. The State of foi-tnation of tl~e fit-tn and the official address of the fit-tn must be shown below the signature. 13.00 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a Joint Venture shall be executed by each Joint Venturer in tlae manner indicated on the Bid form. The official address of the Joint Venture must be shown below the sibature. 13.0$ 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 acknowledb Went of receipt of all Addenda (the numbers of which must be filled in on the Bid Fortn). Bids in which all issued addenda are not acknowledged will be considered incomplete and will not be react. ] 3.010 The address and telephone number for conununications regarding the Bid must be shown. 13.01 I Current Montana Contractor's registration number, if any, must be shown. ARTICLh/ 14- BASIS OF SID; EVALUATION OF BIDS 14.01 Bids. A. Bidders shall submit a Bid on a unit price and/or lump sum basis for each itetn of Work listed in the Bid schedule as provided in the Bid form. The Bid will not be considered unless the Bid 1~oi7n contains prices for all unit price and/or lump scan items, and alternates, as shown on the Sid Fonn. 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 I3id Foi7n shaI1 be manually signed. B. The total of all estimated prices 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 wi1.1 be determined in accordance with parab~t-aph 11.03 of the General Conditio2as. C. Discrepancies between the 171L11t1pllCat]OIl of units of Worlc and unit pt~ice will be resolved in favor of the unit prices. Discrepancies between the indicated sun of any column o1~ Section 00200 - £ of 11 Project 09-04 INSTRUCTION TO BI[)DEP.S Martinez Gulch Road Improvements I'rc~ject figures and the cozrect sum thereof will be resolved in favor of the corz-ect ruin. Discrepancies bctweetl words and figures will be resolved in favor of the words. ARTICLE 15 - SUBMITFAL OF SiD 1 S.OI Each prospective Bidder is to execute oz~e 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, plaizaly marked with the Project title (and, if' applicable, the designated poz-tion of the Project for which the bid is submitted), the name and addz-css of Bidder, and, shall be accoza~panied by the Bid Security and other required documents. If a Bid is sent by trzail 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 tl~e Invitation To Bid. 15.03 A. Tl~e Bid will not be considered unless accompanied by proper Bid Security in accordance with Az-ticle S of these Instruction to Bidders. B. Alternative Bids will zaot be considered uzaless called for. C. Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. ARTICLE I6-MODIFICATION AND WITHDRAWAL OF SIDS 10.01 Bids may be modified or withdrawn by az-t appropriate document duly executed in tlae manner that a Bid must be executed and delivered to the place where Bids are to be subzl~itted pz•ior 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 sazl~e 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 rnateria] and substantial mistake in the prepaz-ation of its Bid, that Bidder may withdraw its Bid and the laid security will be retuzned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Woz-]c. ARTICLE 17- OPENING OF BIDS Section 00200 - 9 of 11 Project 09-04 INSTRUCTION TO KIDDERS A7artinez Gulch Road Improvements Yrnject 17.01 Bids will be opened at the time set for opening in the Invitation to Bid and, unless obviously non-responsive, z-ead aloud publicly. An abstract of the amounts of the base Bids and n7ajor alternates (if any) will be z77ade available to Bidders after the opening of Bids. ARTICLI/ I8 -SIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All bids will remain subject to acceptance far sixty (60) days after the day of the Sid opening, but OWNER may, in its sole discretion, release any Sid and retuz~l the Bid secuz-ity pzior to the end of this period. ARTICLE 19- A~~1'ARD OF CONTRACT 19.01. OWNER reserves the T'Ig}]t to reject ally alld all Bids, including without limitation, nD17COIlfo1771111g, non responsive, unbalanced or canditional Bids. OWNER further reserves the right to reject the Bid of ally Bidder whom it finds, after reasonable inquiry and evaluation, to be Iron-responsih]e. OWNER also reserves the I-ig17t to waive all infor117alities not involving price, time or changes in the Wark and to negotiate contract tc]-]lls with t17e Successful Bidder. OWNER reserves the z-ibht to reject the Bid of any Bidder if OWNER believes it would not be iz7 the best interest of the Project to make an award to that Bidder whether because Bid is not responsive oI° the Bidder is unqualified or of doubtful financial ability or fails to meet any othez- pez-tinent standard or criteria established by OWNER. 19.0? More than one Bid far the same Work from an individual or entity under the same or different names will not be considered. Reasonable g-I-ounds far believing that any Bidder has an interest in more than one Bid far the Work may be cause far disqualification. of the Bidder- and tI7c rejectian of all Bids in which that bidder leas an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with tllc prescribed requil-enlents, and such alternates, unit prices and other data, as may be requested in the Bid Form ar prior to the Notice To I'r•oceed. 19,0 In evaluating Bidders, OWNER will consider the qualifications of Bidders and ]lay consider the qualifications and expez-ience of Subcontractors, Suppliers, and other individuals or entities proposed for thaw paz-tions of the Wark far- which the identity of Subcontractors, Suppliers, and other individuals or entities z77ust be subzllitted as pravided in the Special Provisions. 19.OS OWNER n7ay conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractars, Suppliers, individuals or entities to 1?erfor]n the Wol-lc in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will a~~~ard the Contract to the respoz7sible bidder whose Sid, cOI1f01'1111I1~' W1t17 all 111atCI7a1 te17715 and (;OndIt10I1S of the Bldd]ng 1JOCL1r17e17tS, Section OOZ00 - 10 of 11 Project 09-0~ INS77~LJCTION TO BIDDERS Martinez Gulc]] Rand 'Improvements Project is lowest price, in the best interest of the Project, and other factors considered, 'T'he 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 afoi-einentioned cox~~bination of Bids or schedules will he in the best interest ofthe 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 ?0 -CONTRACT SECURITY 20.OT Article 5 of the General Conditions, as nay be modified by the Supplementary Conditions, sets forth OWNER's 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. ARTICLE 21~ SIGNING OF AGREEMENT 1.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigmcd countetpai-ts of tl~e Agreement with the othea- Contz-act Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thea-eafter, Successful Bidder shall sign and deliver at least three (C) counterparts of the Agreement and attached docuz~~ents to OWNER. Within fifteen (1S) days thea-eafter 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 bur are not limited to, those involving worhxnen's compensation insurance, contractor registration, and gross receipts tax.l END OF SECTION (10200 Section 00200 - ] 1 of 1 ] Pro_jeci 09-04 INSTRUCTION TO k3IUDERS Ma~~inez Gulch Road Iniprove.ments Pre}ject t~ ADDI+:NDUM #2 This addendum will address requirements for revegetation as shown on the Bid Form, Section 00300 - 5.01; Item 11. REVEGETATI~N. Due to the steepness of the area slopes (3H: ] V or steeper), revegetation will he in accordance with MPWSS, Section 2920 -Hydraulic Seeding: The total estimated area of hydraulic seeding is approximately 4,000 square yards. ADDENDUM #2 Project 1)9_04 Martinez Gulch Road Improvements Frcaject ADDENDUM #1 This addendum is intended to correct a typographical error on Section 00300 Bid Foam, S.O1, Item 7 (page 3 of 6). Item 7 will be reworded as follows to he consistent with the plans and specifications: Item No. Descri tian Estimated uanti Unit Unit Price Total Price 7. MC$000 Seal and Chip Coat,'/s" 15,600 S.Y. $ $ OCd wording: New wording: It _N 7. ern v. Descri tion EsNrnated uanti Unit Unit Price Total Price MC$QO Seal and Chip Coat, %i" 1 S,bOD S.Y. $ $ Attached to this addendum is a :revised page 3 of 6 of Section 00300 -Bid Form that corrects the error. Replace the original page 3 of b with the revised page 3 of b included with this addendum. and discard the original page 3 of 6. ADDENDUM #I Project p9-04 Martinez Gulch Raad Improvements Project