HomeMy WebLinkAboutResolution No. R17-11 RESOLUTION NO. R17-11
A RESOLUTION ACCEPTING THE BID FROM CAYTON EXCAVATING
AND AUTHORIZING THE MAYOR TO SIGN ALL RELATED DOCUMENTS
FOR THE FIRST AVENUE WATER MAIN REPLACEMENT PROJECT.
WHEREAS, the City solicited bids from qualified firms to determine the cost to complete the
City's project known as the First Avenue Water Main Replacement Project pursuant to the City's
Procurement Policy; and
WHEREAS, with the assistance of Great West Engineering, Inc., City Staff received five bids for
the project and recommends the selection of Cayton Excavating to complete the project as advertised for
the base bid of$134,190.00 and Additive Alternate No. 1 for$13,260.00; and
WHEREAS, the City of Laurel has complied with its Procurement Policy by utilizing a
competitive bid process to ensure the project cost and firm selected are in the best interest of the City in
both quality and price; and
WHEREAS, the City of Laurel currently possesses adequate funds to complete the project and it
is in the City's best interest to proceed with this project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana,
the City Council accepts the bid submitted by Cayton Excavating, and the Mayor is authorized to
execute all documents related thereto, for the award of the contract and completion of the project for the
base bid amount of$134,190.00 and Additive Alternate No. 1 for the amount of$13,260.00.
Introduced at a regular meeting of the City Council on April 18, 2017, by Council Member
Nelson •
PASSED and APPROVED by the City Council of the City of Laurel this 18th day of April, 2017.
APPROVED by the Mayor this 18th day of April, 2017.
CITY OF LAU
ATTEST: -4✓ Mark A. ce, Mayor
r
Bethany Keeler, l. lc/Treasurer
Approrm: /
7):,
-WOW
Sam S. Painter, Civil City Attorney
R17-11 Accept Bid— 1"Avenue Water Main Replacement Project: Cayton Excavating
BILLINGS
6780 Trade Center Ave.
Billings, MT 59101
406.652.5000• Fax 406.248.1363 Gre2tWest
www.greatwesteng.com31111111.1111
engineering.
April 10,2017
Kurt Markegard,Public Works Director
City of Laurel
P.O. Box 10
Laurel,MT 59044
Re: Task Order No. 37—1st Avenue Water Main Replacement Project
Laurel Engineering Services On-Call
Great West Engineering,Inc. Project No. 2-14114
Dear Kurt:
The Bid Opening for the referenced project was held Thursday,April 6,2017,and Cayton
Excavation is the low bidder with a base bid of$134,190 and a bid of$13,260 for Additive
Alternative 1. The low bid was less than the Engineer's opinion of probable cost and is
within the identified available budget. I have enclosed a copy of the bid tabulations for
your reference.
Cayton Excavtion has completed several similar utility replacement projects for the City
of Billings,exhibiting the ability to perform the work included in the project.
Based upon the low bid being within the available budget and Cayton's demonstrated
previous experience with similar projects, I formally recommend the City of Laurel
award the 15t Avenue Water Main Replacement Project to Cayton Excavtion.
As always,feel free to contact me with any questions and/or concerns.
Sincerely,
Great West Engineering, Inc.
HELENA
PO Box 4817
2501 Belt View Drive -
Helena,MT 59604
406.449.8627
Fax 406.449.863
4ackie Kuhl,PE
BOISE
Manager
3363 N.Lakeh- bor Lr). Project
Boise,ID 8370
208.576.6646 End.: Certified Bid Tabulations
MISSOULA
112 W.Front Street
Missoula,MT 59802
406.493.0312
J:\2-14114-Laurel On-Call 2014\TO37-1st Ave Water\Bidding\laurel 1st Ave-K Markegard-Recommendation to Award.doe
City of Laurel 1st Avenue Water Main Replacement Bid Tabulations 04!0612017
Engineer's Estimate Cayton Excavating Wilson Apsaaloolce Catlerock Excavating, JR CNB,LLC
Item Quantity Unit Construction Inc. Contracting,LLC Inc.
Unit Price I Cost Unit Price I $18
Coat Unit Price I Cost Unit Price I Cat Unit Price I Cost Unit Price I Cost
101 Mobilization 1 LSM 512.600.00 $12.600.00 $10,000.00,$10,000.00 $14,000.00:$14,000.00 $15,500.00 1$15,500.00 $15,907.00 1$15,907.00 $18,045.93 .045.93
102 Traffic Control 1 LSM $5,000.00 I $5.000.00 $7,000.00 $7,000.00 $7,500.00 $7,500.00 $7,592.43 1 $7,592.43 $4381.00 1 $4,581.00 $8,294.70 1 $8,294.70
103 Exploratory Excavation 5 HR $250.00 $1,250.00 $350.00 $1,750.00 $750.00 $3.750.00 $615.00! $3,075.00 $532.00 1 $2,660.00 $320.97! S1.604.85
104 Imported Backfill 25 CY $55.00 $1,375.00 $11.00 $275.00 $40.00 $1,000.00 $34.50 $862.50 $81.20 $2,030.00 $24.31 $607.75
105 12"PVC Water Main DR-18 465 IF $70.00 $32,550.00 $80.00 1$37,200.00 $95.00 $44,175.00 $108.00 I$50220.00 $88.80 1541,292.00 $54.52 $25,351.80
106 10"PVC Water Main DR-18 5 LF $65.00 $325.00 $85.00 $425.00 $95.00 $475.00 $378.00 $1,890.00 $91.60 $458.00 $209.08- $1,045.40
107 8"PVC Water Main DR-18 85 IF $60.00 $5,100.00 540.00 1 $3,400.00 $95.00 $8,075.00 $89.00 1 $7,565.00 $52.70 $4,479.50 $38.59 $3,280.15
108 6"PVC Water Main DR-18 5 LF $55.00 $275.00 $33.00 $165.00 $95.00 $475.00 $93.00 $465.00 $61.90 $309.50 $326.09 $1,630.45
109 12"Gate Valve 1 EA $2,700.00 I $2,700.00 $4,000.00 $4,000.00 $4,000.00; $4,000.00 $2,521.00 $2,521.00 $3,230.00 $3230.00 53,041.90 $3,041.90
110 8"Gate Valve 1 EA $1,750.00 $1,750.00 $2,500.00 i $2,500.00 $2,800.00 $2,800.00 $1,545.00 $1,545.00 $1,941.00 $1,941.00 $2,024.90 $2,024.90
111 12"xe"Tee 2 EA $1,400.00 $2,800.00 $1,150.00! $2,300.00 $1,050.00 I $2,100.00 $679.00 1 $1,358.00 $897.00 $1,794.00 $1,288.29 $2,576.58
112 12-x6"Tee 1 EA $1,350.00 $1,350.00 $1,150.00 $1,150.00 $950.00 $950.00 $625.00; $625.00 $966.00 $966.00 $890.12 $890.12
113 18"x12"Reducer 1 EA $1,100.00 $1,100.00 $1,500.00 $1,500.00 $1,600.00 I $1,600.00 $1,112.00 $1,112.00 $1282.00 $1282.00 $2,307.25 $2,307.25
114 12"x10"Reducer 1 EA $900.00 $900.00 $900.00 $900.00 $750.00 1 $750.00 $555.00 I $556.00 $818.00 $818.00 $1,135.19 $1,135.19
115 8"x6"Reducer 1 FA $600.00 $600.00 $675.00 $875.00 $450.00! $450.00 $379.15 i $379.15 $560.00 $560.00 $622.11 $622.11
116 10"Coupler 1 EA $1,950.00 I $1,950.00 $840.00 $840.00 $600.00, $800.00 $2,955.00'] $2,955.00 $1,739.00 $1,739.00 $737.53 $737.53
117 6"Coupler 1 EA $1,600.00! $1,600.00 $700.00 $700.00 $400.00 $400.00 $2561.00 I $2361.00 $1,847.00 $1,847.00 $588.45 $588.45
118 6"Fire Hydrant w(Aux Gate Valve 1 EA $6,000.00 $6,000.00 $5,300.00 $5,300.00 $7,000.00"i $7,000.00 $6,466.00 $6,466.00 $4274.00 $4,274.00 $5,060.80 1 $5,060.80
119 3/4"Copper Water Service Line 125 IF $50.00 $6,250.00 $53.00 $8,625.00 $30.00 $3,750.00 $50.00: $6,250.00 $131.00 516,375.00 $85.58 310.697.50
120 Corporation Stop Assembly 10 EA $350.00 ' $3,500.00 $400.00 $4,000.00 $350.00 $3,500.00 $350.00 $1500.00 $291.00 $2,910.00 $1215.95 1512,159.50
121 instaN Curb Stop Assembly 5 EA $350.00 ' $1,750.00 $400.00 $2,000.00 _ $450.00 I $2,250.00 $460.00 $2,300.00 $262.00 $1,310.00 $806.55! $4,032.75
122 Trench Backfill Plug 1 EA $1250.00 I $1,250.00 $950.00 $950.00 $1.000.00! $1,000.00 $1,420.00 $1,420.00 $2,002.00 $2,002.00 $1,814.58 $1,814.58
123 Type A Trench Restoration 590 IF $50.00 $29,500.00 $49.00 1528,910.00 $50.00 329,500.00 $37.00 $21,830.00 $72.20 1$42,598.00 $80.64 I$47,577.60
124 Type C Surface Restoration(Lawn) 75 IF $15.00 $1,125.00 $8.00' $600.00 $50.00 I $3,750.00 $41.00! $3,075.00 $21.20 $1,590.00 $4328 1 $3246.00
125 Underground UtilIty Crossing 2 EA $300.00 $600.00 $475.00 $950.00 $750.00 I $1,500.00 $640.00 $1280.00 $532.00` $1,064.00 $327.13 I $65426
126 Curb and Gutter Removal/Replacement 50 LF $70.00 $3,500.00 $66.00! $3250.00 $65.00 1 $3250.00 $60.00 $3,000.00 $63.50 $3,175.00 $120.86! $6,043.00
127 Sidewalk Removal/Replacement 35 SY $150.00 $5250.00 $105.00! $3,675.00 $110.00 1 $3,850.00 $116.00 $4,060.00 $102.00 $3,570.00 $171.95! $6,018.25
128 Cut,Plug and Abandon Existing Water Main 2 EA $450.00 $900.00 $800.00 i $1,600.00 $1,000.00; $2,000.00 $700.00 $1,400.00 $39100 $786.00 $4,687.93! $9,375.86
129 Repaint Curb Markings 1 LSM $5,000.00 i $5,000.00 $800.00! $800.00 $2,000.00 $2,000.00 $575.00 $575.00 $704.00 $704.00 $95221 I $95221
130 8'Couder 1 EA $1,700.00, $1 700.00 $750.00 I $750.00 $500.00 i 1500.00 $1,887.00; $1,867.00 ,$1,405.00 i $1 405.00 $613.08 I $613.08
Total Bass Bid i130,$6oi0 34,108.00 $15645060 $187,104.08 $107,65740 $182,030.45
ADDITIVE ALTERNATE 1-FIRE HYDRANT
201 6"PVC Water Main DR-18 60 IF $55.00 $3,300.00 $66.00 $3,960.00 $95.00 $5.700.00 $80.00 $4,800.00 $29.50 I $1.770.00 $49.84 1 $2.990.40
202 12"x6"Tee 1 EA $1,350.00 $1,350.00 $1,500.00 $1,500.00 $950.00 $950.00 $610.32 5610.32 $733.00- $733.00 $923.79' $923.79
203 6"Fire Hydrant w/Aux Gate Valve 1 EA $6,000.00 I $6,000.00 $5,000.00 I $5,000.00 $7,000.00 $7,000.00 $6,466.00 $6,466.00 $4,353.00 $4,353.00 $6,137.49 $6.137.49
204 Type A Trench Restoration 50 LF $50.00 $2,500.00 $42.00 i $2,100.00 $50.00! $2.500.00 $37.00 $1,850.00 $97.50 $4,875.00 $63.55 $3,177.50
205 Type 8 Trench Restoration 10 LF $25.00 ! $250.00 $25.00 1 $250.00 $65.00, $650.00 $154.00 $1,540.00 $67.80 $676.00 $99.81 $998.10
206 Underground Utility Crossing 1 EA $300.00 i $300.00 $450.0;10.4450.00 $750.00 I $750.00 $640.00 $640.00 $532.00S� $532.00 $2,617.11 I $2,617.11
Total Additive Alternate/ $13,700.00 $1 J>O 317,550.00 012,949)0 $15,544.39
1-1,qoW an error on ad loan
I
I that this is a true tabulation of bids received adbpened on April 6,2017 for construction of the laurel's 1st Avenue Water Mein Replacement Proiect
7", r ..iii
- - 'c,I �i / ,m / .- ./24, t 7 q
Jacquel Kuhl,PE-Pro*ectEnglnebr Date '�
/f % 4 JAC6UEN INE ) 11
KOHL /
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1,• /ii
NOTICE OF AWARD
Date of Issuance:
Owner: City of Laurel Owner's Contract No.:
Engineer: Great West Enineering,Inc. Engineer's Project No.: 2-14114JO37
Project: lmAu'e Water Main Replacement Contract Name:
Bidder: Cayton Excavation
Bidder's Address: P.O. Box 80693
Billings,MT 59108
'
TO BIDDER:
You are notified that Owner has accepted your Bid dated April 6, 2017 for the above Contract, and that you
are the Successful Bidder and are awarded a Contract for:
1St Avenue Water Main Replacement Base Bid plus Additive Alternative 1
The Contract Price of the awarded Contract is: $ 147,450.
[ 6 1 unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the
Contract Documents accompanies this Notice of Award, or has been transmitted or made available to
Bidder electronically.
a set of the Drawings will be delivered separately from the other Contract Documents.
You must comply with the following conditions precedent within 15 days of the date of this Notice of Award:
1. Deliver to Owner[6 j counterparts of the Agreement,fully executed by Bidder.
J. Deliver with the executed Agreement(s)the Contract security[e.g., performance and payment bonds]
and insurance documentation as specified in the Instructions to Bidders and General Condition
Artides3and 6.
3. Other conditions precedent(if any):
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award,and declare your Bid security forfeited.
Within ten days after you comply with the above conditions,Owner will return to you one fully executed
counterpart of the Agreement,together with any additional copies of the Contract Documents as indicated in
Paragraph 2.02 of the General Conditions.
Owner: cir Laurel
e ,, ^��'1p -
��~
Authoized S-7.'ig ture
ro,,
By: Mark A. Mace
Title: Mayor
Copy: Engineer
EJCDcC-51mNotice of Award.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
'
C..._
/ EMS
LAUREL FIRS215 WEST 1 ST STREET • LAUREL, MT • 59044
OFFICE 406.628.4911 • FAx 406.628.2185
Re: Fire Hydrant install April 11, 2017
The Laurel Fire/EMS is requesting that a new fire hydrant be installed on the east side of 15t Ave
between East 12th Street and East 11th Street.The current hydrants are on the West side of 1st Ave at the
corner of West 12th Street and 15t Ave and another at the corner of Mountain View Lane and 1st Ave.
This is a distance of approximately 800 feet. Each Engine Company carries 600 feet of 4" supply hose. If
there was a major fire on either corner of the west side of 15t Ave,the Fire Department would not have
enough supply hose to remain compliant ISO and NFPA water supply requirements. In addition if a fire
was on the east side of 1st Ave the supply line will have to cross 1st Ave, crossing traffic and still not have
enough to supply the Engines.
During the new main water line project,this would be the ideal time to install a hydrant to ensure
residents are covered in the event of a fire.
Thank you
/// APP
Brent Peters
Fire Chief
Laurel Fire/EMS
EJcvc=__
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
NOTICE TO PROCEED
Owner: City of Laurel Owner's Contract No.:
Contractor: Cayton Excavation Contractor's Project No.:
Engineer: Great West Engineering, Inc. Engineer's Project No.: 2-14114 TO 37
Project: 2016 1'Avenue Water Main Contract Name:
Replacement
Effective Date of Contract:
TO CONTRACTOR:
Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on
May 8, 2017. (see Paragraph 4.01 of the General Conditions]
On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be
done at the Site prior to such date. In accordance with the Agreement, the number of calendar days to achieve
Substantial Completion is 30and the number of days to achieve readiness for final payment is 14 calendar days
after Substantial Completion.
Before starting any Work at the Site,Contractor must comply with the following:
Set traffic control as shown in reviewed submittal.
Owner: City of Laurel, Montana
n A horized Signature
Title: 6\ck\--( `` ' \M-.7.3 YC� ve._,
Date Issued: sit -
Copy: Engineer
EJCDC C-550,Notice to Proceed.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
SECTION 00500
AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT
THIS AGREEMENT is by and between City of Laurel ("Owner") and
Cayton Excavation ("Contractor").
Owner and Contractor hereby agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work
is generally described as follows:
Replacement of approximately 500 lineal feet of water main, including installation of gate valves
and a fire hydrant for the base bid and installation of a second fire hydrant for Additive Alternative
1.
ARTICLE 2—THE PROJECT
2.01 The Project,of which the Work under the Contract Documents is a part, is generally described as
follows: 1st Avenue Water Main Replacement Project.
ARTICLE 3—ENGINEER
3.01 The Project has been designed by Great West Engineering, Inc.
3.02 The Owner has retained Great West Engineering, Inc. ("Engineer") to act as Owner's
representative, assume all duties and responsibilities,and have the rights and authority assigned
to Engineer in the Contract Documents in connection with the completion of the Work in
accordance with the Contract Documents.
ARTICLE 4—CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times:Days
A. The Work will be substantially completed within 30 days after the date when the Contract
Times commence to run as provided in Paragraph 4.01 of the General Conditions, and
completed and ready for final payment in accordance with Paragraph 15.06 of the General
Conditions within 14 days after substantial completion is awarded.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the times specified in Paragraph 4.02 above, plus any
Section 00500—Agreement Between Owner and Contractor for Construction Contract
Page lof7
This document is a MODIFIED version of EJCDC•C-520,Copyright®2013 by the National Society of Professional Engineers,American Council of Engineering
Companies,and American Society of Civil Engineers. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.
extensions thereof allowed in accordance with the Contract. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by Owner if the Work is not completed on time.Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty):
1. Substantial Completion: Contractor shall pay Owner$500.00 for each day that expires
after the time(as duly adjusted pursuant to the Contract)specified in Paragraph 4.02.A
above for Substantial Completion until the Work is substantially complete.
2. Completion of Remaining Work: After Substantial Completion, if Contractor shall
neglect, refuse, or fail to complete the remaining Work within the Contract Time (as
duly adjusted pursuant to the Contract)for completion and readiness for final payment,
Contractor shall pay Owner$500.00 for each day that expires after such time until the
Work is completed and ready for final payment.
3. Liquidated damages for failing to timely attain Substantial Completion and final
completion are not additive and will not be imposed concurrently.
ARTICLE 5_CONTRACT PRICE
5J31 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents '' ' -` ' ' ' . , , , . , . ,'' - ' ' ' ' ` ' ' ` . : an amount equal
to the sum of the established unit prices for each Bid item from the Bid Form multiplied by the
actual quantity of the respective Bid item constructed and accepted.
5.02 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are
based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer.
ARTICLE 6-PAYMENT PROCEDURES
6D1 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the
Contract Documents.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment on or about the first Tuesday elay of each month
during performance of the Work as provided in Paragraph 6.02.A.1 below,provided that such
Applications for Payment have been submitted in a timely manner and otherwise meet the
requirements of the Contract.All such payments will be measured by the Schedule of Values
established as provided in the General Conditions(and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no Schedule of Values, as
provided elsewhere in the Contract.
Section 00500-Agreement Between Owner and Contractor for Construction Contract
Page 2 of 7
This document/"°MODIFIED version mocDC•C-520,Copyright C 2013 by the National Society of Professional Engineers,American Council of Engineering
Companies,and American Society of Civil EngIneers. Those portions of the text that originated mpublished wcocdocuments remain subject to the copyright.
1. Prior to Substantial Comprogress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not
limited to liquidated damages, in accordance with the Contract
a. Ninety five percent (95%) of Work completed (with the balance being retainage);
and
b. Ninety five percent (95%)of cost of materials and equipment not incorporated in
the Work(with the balance being retainage).
B. Upon Substantial Completion of the entire construction to be provided under the Contract
Documents, Owner shall pay an amount sufficient to increase total payments to Contractor
to one hundred percent(100%)of the Work completed, less such amounts set off by Owner
pursuant to Paragraph 15D1.E of the General Conditions, and less two hundred percent
(200%)of Engineer's estimate of the value of Work to be completed or corrected as shown
on the punch list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of
the General Conditions, Owner shall pay the rennainde, of the Contract Price as
recommended by Engineer as provided in said Paragraph 15.06.
ARTICLE 7—INTEREST
7.01 All amounts not paid when due shall bear interest at the maximum rate of percent per
annum allowed by law at the place of the Proiect.
ARTICLE 8—CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents, and any data and
reference items identified in the Contract Documents.
Q. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas,and become familiar with and is satisfied as to the general,local,and Site
conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the SttpialemeotaPe
Genelitieas Special Provisions, especially with respect to Technical Data in such reports and
drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if
any, at or adjacent to the Site that have been identified in the ' ' ` ` ' — ' ' . - ` '`'": '
Special Provisions,especially with respect to Technical Data in such reports and drawings.
E. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Site-related
Section 00500-Agreement Between Owner and Contractor for Construction Contract
Page 3 of 7
This documentu,MoomEo"°=i""ofoomc°C-,20,c"mvmmmzno*v*emau°""/Soaw*ofr*fe."/^=/cngm°°"^x"e,^="u°"u/m*m*=en"n
Companies,and American Society ofCivil Engineers. Those portions athe text that originated mpublished ococdocuments remain subject to the copyright.
reports and drawings identified in the Contract Documents,with respect to the effect of such
information,observations,and documents on(1)the costprogress,and performance of the
Work;(2)the means,methods,techniques,sequences,and procedures of construction to be
employed by Contractor; and (3)Contractor's safety precautions and programs.
F. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract.
G. Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
J. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon performing
and furnishing the Work required by the Contract Documents.
ARTICLE 9—CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the fo'lowing:
1. This Agreement(pages 1 to 2, inclusive).
2. Invitation to Bid (pages 1to2indumixe).
3. Instructions to Bidders(pages.1 to QL inclusive).
4. Bid Form (pages 1 to 6 inclusive).
5. Performance bond (pages j.to .inclusive).
6. Payment bond (pages 1 to inclusive).
7. General Conditions(pages 1 to , inclusive).
8. Supplementary Conditions(pages ,to inclusive).
9. Special Provisions (pages 1 to inclusive).
'. ' ' ' ' ,- .' . , . ., ' , . ' , ' ' ' ' . ' , . . • . . ,"' ,.- '
11. Montana Prevailing Wage Rates for Heavy& Hihvvay(po8es1to13^inc|usive).
12. Specifications as listed in the table of contents of the Project Manual.
13. Drawings(not attached but incorporated by reference)consisting of 4 sheets with each
sheet bearing the following general title: First Avenue Water Replacement
14. Addenda (numbers
to 2/ inclusive).
15. Exhibits to this Agreement(enumerated as follows):
Section 00500—Agreement Between Owner and Contractor for Construction Contract
Page 4 of 7
This document/""MODIFIED version ofocoC•e«20,Copyright 2013 by the National Society of Profes ",w/E"u/=e='x"=rica"uu"u/"v*w/,°=/"u
Companies,and American Society of Civil Engineers.Those portions of the text that originated in published EJCDC documents remain subject to the copyright.
a. Notice of Award (pages 1 to L inclusive).
16. The following which may be delivered or,issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
17. Permits,Approved and Pending.
18. The Montana Public Works Standard Specifications,Sixth Edition,April 2010,collectively
referred to as the MPWSS,as may be modified by the above Contract Documents. (The
MPWSS is not attached to the Agreement.)
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the General Conditions.
ARTICLE 10—MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions.
10.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of
any rights under or interests in the Contract will be binding on another party hereto without
the written consent of the party sought to be bound;and,specifically but without limitation,
money that may become due and money that is due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements,and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor,who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
Section 00500—Agreement Between Owner and Contractor for Construction Contract
Page 5 of 7
This document is a MODIFIED version of EJCDC®C-520,Copyright 0 2013 by the National Society of Professional Engineers,American Council of Engineering
Companies,and American Society of Civil Engineers. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.
1
10.05 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or(c)
to deprive Owner of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish Bid prices
at artificial, non-competitive levels;and
4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or affect
the execution of the Contract.
10.06 Other Provisions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
based on EJCDC® C-700, Standard General Conditions for the Construction Contract,
published by the Engineers Joint Contract Documents Committee®,and if Owner is the party
that has furnished said General Conditions, then Owner has plainly shown all modifications
to the standard wording of such published document to the Contractor, through a process
such as highlighting or "track changes" (redline/strikeout), or in the Supplementary
Conditions.
Section 00500—Agreement Between Owner and Contractor for Construction Contract
Page 6 of 7
This document Is a MODIFIED version of EJCDC'C-520,Copyright Cl 2013 by the National Society of Professional Engineers,American Council of Engineering
Companies,and American Society of Civil Engineers. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.
IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement.
This Agreement will be effective on (which is the Effective Date of the Contract).
OWNER: CONTRACTOR:
City of Laurel Cayton Excavatin
By: 6:K
� ��� By: C 1
�;1
Title: � . C*C,W Title: �S 1
���' (If Contractor is a corporation,a partnership,or a
joint venture,attach evidence of authority to sign.)
Attest: Attest:
Title: i & $�''� Title: IP/RA-11- /144.4r0 h!'
Address for giving notices: Address for giving notices:
115 W. 1st St _D �)t gXeg3
Laurel, MT 59044 -76'i‘\‘ r3 1 • (ic-
License No.: Man
(where applicable)
END OF SECTION
Section 00500—Agreement Between Owner and Contractor for Construction Contract
Page 7 of 7
This document is a MODIFIED version of EJCDC`C-S20,Copyright 0 2013 by the National Society of Professional Engineers,American Council of Engineering
Companies,and American Society of Civil Engineers. Those portions of the text that originated In published EJCDC documents remain subject to the copyright.
JOINDER OF SHAREHOLDER AGREEMENT
THIS JOINDER (the "Joinder") to that certain Shareholder Agreement of All the
Shareholders of Cayton Excavation, Inc. (as amended from time to time, the "Agreement") dated
March 25, 2011 by ZACHRY CAYTON, is made and entered into as of May 1 c‘ , 2015 by and
between the CAYTON EVCAVATION, INC., a Montana statutory close corporation, and
CARMEN CAYTON (the "Transferee").
1. Agreement to be Bound. Transferee hereby agrees that upon execution of this
Joinder, she shall become a party to the Agreement and shall be fully bound by, and subject to, all
of the covenants, terms and conditions of the Agreement as though an original party thereto and
shall be deemed a Shareholder for all purposes thereof.
2. Governing Law. This Joinder shall be governed by and construed in accordance
with the laws of Montana.
IN WITNESS WHEREOF,the parties hereto have executed this Joinder as of the date first
written above.
CAYTON EXC• VATION,INC.,a Montana ,\\
._.._ statuto % close CI ()ratio, '-'\1_,
By: 1 t '; La* CW\( d 1
/
Carmen Cayton, P -sident CARMEN CAYT lb , Transferee
Attest:
"-I/ •ei '
/
achry P:yton, -cretary
I
1
Joinder of Shareholder Agreement