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The University of Montana

INVITATION FOR BID

(THIS IS NOT AN ORDER)







IFB Number: 2898 IFB Title: DRILLING



IFB Due Date and Time:

Number of Pages: 11

August 9, 2011 - 2 p.m., Local Time





ISSUING AGENCY INFORMATION



Issue Date:

Cheri Hollist, Purchasing Agent ph. 406-243-2510 cherihollist@umontana.edu 07/22/11



The University of Montana Phone: (406) 243-6260

Business Services—Purchasing Fax: (406) 243-2529

Lommasson Center 236

Missoula, Montana 59812 Website:

http://svc.mt.gov/gsd/onestop/SolicitationDefault.aspx







INSTRUCTIONS TO BIDDERS

Mark Face of Envelope/Package:

IFB Number: 2898

IFB Due Date: 08/9/11

COMPLETE THE INFORMATION BELOW AND RETURN

THIS PAGE WITH YOUR BID AND ANY REQUIRED

DOCUMENTS TO THE ADDRESS LISTED ABOVE FOB: THE UNIVERSITY OF MONTANA

UNDER "ISSUING AGENCY INFORMATION." MONTANA BUREAU OF MINES AND GEOLOGY

1300 WEST PARK

BUTTE MT 59701









BIDDERS MUST COMPLETE THE FOLLOWING

Payment Terms: Net 30 days Delivery Date:



Bidder Name/Address: Authorized Bidder Signatory:







(Please print name and sign in ink)



Bidder Phone Number: Bidder FAX Number:







Bidder Federal I.D./Social Security Number: Bidder E-mail Address:





IMPORTANT: SEE STANDARD TERMS AND CONDITIONS



Page 1

Standard Terms and Conditions

By submitting a response to this invitation for bid, request for proposal, limited solicitation, or acceptance of a contract, the

vendor agrees to acceptance of the following Standard Terms and Conditions and any other provisions that are specific to

this solicitation or contract.

ACCEPTANCE/REJECTION OF BIDS, PROPOSALS, OR LIMITED SOLICITATION RESPONSES: The University reserves the right

to accept or reject any or all bids, proposals, or limited solicitation responses, wholly or in part, and to make awards in any manner

deemed in the best interest of the University. Bids, proposals, and limited solicitation responses will be firm for 30 days, unless stated

otherwise in the text of the invitation for bid, request for proposal, or limited solicitation.



ACCESS AND RETENTION OF RECORDS: The contractor agrees to provide the University, Legislative Auditor, or their authorized

agents, access to any records necessary to determine contract compliance. (Section 18-1-118, MCA). The contractor agrees to create

and retain records supporting the services rendered or supplies delivered for a period of three years after either the completion date of

the contract or the conclusion of any claim, litigation, or exception relating to the contract taken by The University of Montana or third

party.



ALTERATION OF SOLICITATION DOCUMENT: In the event of inconsistencies or contradictions between language contained in the

University’s solicitation document and a vendor’s response, the language contained in the University’s original solicitation document will

prevail. Intentional manipulation and/or alteration of solicitation document language will result in the vendor’s disqualification and

possible debarment.



ASSIGNMENT, TRANSFER AND SUBCONTRACTING: The contractor shall not assign, transfer or subcontract any portion of the

contract without the express written consent of the University. (Section 18-4-141, MCA.)



AUTHORITY: The attached bid, request for proposal, limited solicitation, or contract is issued under authority of Title 18, Montana Code

Annotated, and the Administrative Rules of Montana, Title 2, chapter 5.



COMPLIANCE WITH LAWS: The contractor must, in performance of work under the contract, fully comply with all applicable federal,

state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination

Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or

subcontracting by the contractor subjects subcontractors to the same provision. In accordance with section 49-3-207, MCA, the

contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will

be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or

national origin by the persons performing the contract.



CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality, quantities, or specifications of the

contract shall be granted without prior written consent of the University Business Services-Purchasing Office. Supplies delivered which

do not conform to the contract terms, conditions, and specifications may be rejected and returned at the contractor’s expense.



DEBARMENT: The contractor certifies, by submitting this bid or proposal, that neither it nor its principals are presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any

governmental department or agency. If the contractor cannot certify this statement, attach a written explanation for review by the

University.



DISABILITY ACCOMMODATIONS: The University of Montana does not discriminate on the basis of disability in admission to, access

to, or operations of its programs, services, or activities. Individuals who need aids, alternative document formats, or services for

effective communications or other disability related accommodations in the programs and services offered are invited to make their

needs and preferences known to this office. Interested parties should provide as much advance notice as possible.



FACSIMILE RESPONSES: Facsimile responses will be accepted for invitations for bids, small purchases, or limited solicitations ONLY

if they are completely received by the University Business Services-Purchasing Office prior to the time set for receipt. Bids, or portions

thereof, received after the due time will not be considered. Facsimile responses to requests for proposals are ONLY accepted on an

exception basis with prior approval of the procurement officer.



FAILURE TO HONOR BID/PROPOSAL: If a bidder/offeror to whom a contract is awarded refuses to accept the award (PO/contract) or

fails to deliver in accordance with the contract terms and conditions, the department may, in its discretion, suspend the bidder/offeror for

a period of time from entering into any contracts with The University of Montana.



FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to causes beyond its reasonable control,

including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation

delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable

control of the nonperforming party, so long as such party is using its best efforts to remedy such failure or delays.



HOLD HARMLESS/INDEMNIFICATION: The contractor agrees to protect, defend, and save the University, its elected and appointed

officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands,

causes of action of any kind or character, including the cost of defense thereof, arising in favor of the contractor’s employees or third

parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of

Page 2

services or in any way resulting from the acts or omissions of the contractor and/or its agents, employees, representatives, assigns,

subcontractors, except the sole negligence of the University, under this agreement.



LATE BIDS AND PROPOSALS: Regardless of cause, late bids and proposals will not be accepted and will automatically be

disqualified from further consideration. It shall be solely the vendor’s risk to ensure delivery at the designated office by the designated

time. Late bids and proposals will not be opened and may be returned to the vendor at the expense of the vendor or destroyed if

requested.



PAYMENT TERM: All payment terms will be computed from the date of delivery of supplies or services OR receipt of a properly

executed invoice, whichever is later. Unless otherwise noted in the solicitation document, the University is allowed 30 days to pay such

invoices. All contractors will be required to provide banking information at the time of contract execution in order to facilitate University

electronic funds transfer payments.



RECIPROCAL PREFERENCE: The University of Montana applies a reciprocal preference against a vendor submitting a bid from a

state or country that grants a residency preference to its resident businesses. A reciprocal preference is only applied to an invitation for

bid for supplies or an invitation for bid for nonconstruction services for public works as defined in section 18-2-401(9), MCA, and then

only if federal funds are not involved. For a list of states that grant resident preference, see

http://gsd.mt.gov/procurement/preferences.asp.



REFERENCE TO CONTRACT: The contract or purchase order number MUST appear on all invoices, packing lists, packages, and

correspondence pertaining to the contract.



REGISTRATION WITH THE SECRETARY OF STATE: Any business intending to transact business in Montana must register with the

Secretary of State. Businesses that are incorporated in another state or country, but which are conducting activity in Montana, must

determine whether they are transacting business in Montana in accordance with sections 35-1-1026 and 35-8-1001, MCA. Such

businesses may want to obtain the guidance of their attorney or accountant to determine whether their activity is considered transacting

business.



If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a

certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, call the Office of the

Secretary of State at (406) 444-3665, or visit their website at http://sos.mt.gov.



SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of the contract is illegal and

void shall not affect the legality and enforceability of any other provision of the contract, unless the provisions are mutually dependent.



SHIPPING: Supplies shall be shipped prepaid, F.O.B. Destination, unless the contract specifies otherwise.



SOLICITATION DOCUMENT EXAMINATION: Vendors shall promptly notify the University of any ambiguity, inconsistency, or error

which they may discover upon examination of a solicitation document.



TAX EXEMPTION: The University of Montana is exempt from Federal Excise Taxes (#81-0302402).



TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED: Contractor acknowledges that no state funds may be expended for

the purchase of information technology equipment and software for use by employees, program participants, or members of the public

unless it provides blind or visually impaired individuals with access, including interactive use of the equipment and services, that is

equivalent to that provided to individuals who are not blind or visually impaired. (Section 18-5-603, MCA.) Contact the State

Procurement Bureau at (406) 444-2575 for more information concerning nonvisual access standards.



TERMINATION OF CONTRACT: Unless otherwise stated, the University may, by written notice to the contractor, terminate the

contract in whole or in part at any time the contractor fails to perform the contract.



UNAVAILABILITY OF FUNDING: The contracting agency, at its sole discretion, may terminate or reduce the scope of the contract if

available funding is reduced for any reason. (Section 18-4-313(4), MCA.)



U.S. FUNDS: All prices and payments must be in U.S. dollars.



VENUE: This solicitation is governed by the laws of Montana. The parties agree that any litigation concerning this bid, request for

proposal, limited solicitation, or subsequent contract, must be brought in the District Court for Missoula County, Missoula, Montana,

State of Montana, and each party shall pay its own costs and attorney fees. (Mont. Code Ann. § 18-1-401.)



WARRANTIES: The contractor warrants that items offered will conform to the specifications requested, to be fit and sufficient for the

purpose manufactured, of good material and workmanship, and free from defect. Items offered must be new and unused and of the

latest model or manufacture, unless otherwise specified by the University. They shall be equal in quality and performance to those

indicated herein. Descriptions used herein are specified solely for the purpose of indicating standards of quality, performance, and/or

use desired. Exceptions will be rejected.

Revised 02/09



Page 3

INSTRUCTIONS TO BIDDERS



BIDDING PROCEDURE

 Bidder shall submit one (1) complete set (all pages) of the Invitation to Bid (IFB) and all supporting material, unless

otherwise stipulated. All appropriate blanks shall be completed. Any interlineation, alteration or erasure on the

specification document shall be initialed by the signer of the bid. Bidder shall not change the bid form nor make

additional stipulations on the specification document. Any amplified or qualifying information shall be on the bidder’s

letterhead and firmly attached to the specification document.

 Bid prices shall be submitted on the Invitation for Bid on an item-by-item basis.

 The University reserves the right to accept any or all bids, wholly or in part, and to make awards in any manner

deemed to be in the best interest of the University. Bid pricing must be firm for ninety days. Bid award will be

contingent upon funding and special approvals.

 All-or-None: Primary consideration to an “all-or-none” bid shall be given when considered to be in the best interest of

the University.

 Each bid must be legibly printed in ink or typed, include the full name, business address, telephone number, FAX

number, Federal I.D./Social Security Number, and email address of the bidder, and be signed in ink by the bidder.

 A bid by corporation must be signed in the name of such corporation by a duly authorized official thereof.

 Bids received after the time and date established for receiving bids will be rejected.



BIDDER’S REPRESENTATION

 The University encourages free and open competition among bidders. Whenever possible, specifications, bid request,

and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the University’s need

to procure technically sound, cost-effective services.



The bidder’s signature on a bid in response to this IFB guarantees that the prices quoted have been established

without collusion and without effort to preclude The University of Montana from obtaining the best possible supply or

service.

 UNDERSTANDING OF SPECIFICATIONS AND REQUIREMENTS: By submitting a response to this (IFB), the

bidder agrees to an understanding of and compliance with the specifications and requirements described in this IFB.

 ACCEPTANCE OF STANDARD TERMS AND CONDITIONS/CONTRACT: By submitting a response to this invitation

for bid (IFB), the bidder agrees to the acceptance of the standard terms and conditions; and terms and conditions in

the invitation for bid which take first precedence. Much of the language included in the standard terms and conditions

reflects requirements of Montana law. Requests for additions or exceptions to the standard terms and conditions,

including any necessary licenses, or any added provisions must be submitted with the invitation for bid. Any request

must be accompanied by an explanation of why the exception is being sought and what specific effect it will have on

the bidder to perform the contract. The University of Montana reserves the right to make any final determination of

changes to the standard terms and conditions and may deem the bidders response as nonresponsive.

 Each bidder for services further represents that the bidder has examined and is familiar with the local conditions under

which the work is to be done and has correlated the observations with the requirements of the bid documents.



CLARIFICATION OF SPECIFICATION DOCUMENTS

 Bidders shall promptly notify the Purchasing Agent of any ambiguity, inconsistency or error which they may discover

upon examination of the specification documents.

 Bidders with questions or desiring clarification or interpretation of this IFB must address these questions in writing or

via e-mail to the purchasing agent referenced on the first page at least two (2) business days prior to the date and

time for receipt of bids. Each question must provide clear reference to page number and item in question.

 Changes made to the specification documents will be made by written addendum to all know prospective bidders and

posted on the web.

 Oral interpretations or changes to the Specification Documents made in any other manner, will not be binding on the

University, and bidders shall not rely upon such interpretations or changes.



ADDENDUM

 Addendum are additional documents issued by The University of Montana Business Services-Purchasing Office to the

prospective Bidders prior to the closing date for receipt of bids, which are intended to change or clarify the original

plans and/or specification; i.e. additions, deletions, modifications, or explanations.

 Addendums shall be posted to the State of Montana’s website:

http://svc.mt.gov/gsd/onestop/SolicitationDefault.aspx

 Acknowledgement of Addendum: The bidder must acknowledge receipt of the addendum. The addendum must be

submitted at the time set for the bid opening or the bid may be disqualified from further consideration.

Page 4

DESCRIPTIVE LITERATURE: Complete descriptive literature sufficient in detail to establish quality and compliance with

all specifications must be provided when requested. The University reserves the right to determine compliance with the

stated specifications.



BID EVALUATION AND AWARD

 The signed IFB shall be considered an offer on the part of the bidder. Such offer shall be deemed accepted upon

issuance by the University of purchase orders, contract award notifications, or other contract documents appropriate

to the work.

 No bid shall be modified or withdrawn for a period of ninety (90) calendar days after the time and date established for

receiving bids, and each bidder so agrees in submitting the bid.

 Bid award will be contingent upon funding and special approvals.

 In case of a discrepancy between the unit prices and their extensions, the unit prices shall govern.

 The bid will be awarded to the lowest responsible, responsive bidder whose proposal will be most advantageous to

the University, and as the University deems will best serve it’s requirements.

 The University reserves the right to accept or reject any or all bids, wholly or in part, to request rebids; to award bids

item-by-item, with or without alternates, to waive minor irregularities in bids, such as shall best serve the requirements

and interests of the University.

 In order to determine if the Bidder has the experience, qualifications, resources and necessary attributes to provide

the quality workmanship, materials and management required by the plans and specifications, the Bidder may be

required to complete and submit additional information as deemed necessary by the University. Failure to provide the

information requested to make this determination may be grounds for a declaration of non-responsive with respect to

the Bidder.

 The University reserves the right to reject irregular bids that contain unauthorized additions, conditions, alternate bids,

or irregularities that make the IFB incomplete, indefinite or ambiguous.



TERMS OF PAYMENT: Unless stated otherwise the University will begin processing payment within thirty (30) calendar

days after receiving an invoice for all labor that has been performed and all equipment or other merchandise has been

delivered, and all such labor and equipment and other materials have met all contract specifications.









Page 5

INVITATION FOR BID









FOB: THE UNIVERSITY OF MONTANA

MONTANA BUREAU OF MINES AND GEOLOGY (MBMG)

1300 WEST PARK

BUTTE MT 59701







SCOPE OF WORK:



Purchase of: CORE DRILLING



Estimated work dates: August 2011through June 2012



Drilling locations will be between Fairmont Hot Springs and Crackerville, Anaconda-West Valley and Powell Vista Estates,

located off the Galen highway.



Crackerville/Fairmont Area:

Three to five core holes will be drilled along a transect from Fairmont to Crackerville at locations selected by MBMG. The

core holes depths will vary from 100 ft up to 700ft. Drilling method will be continuous diamond coring using HQ tube size

(3 inch inside diameter). If necessary, casing will be advanced with the drill bit and core barrel to keep the hole from

collapsing. The field Hydrogeologist may decide to case the bore hole after the target depth has been reached. The

MBMG will provide all casing and screen for sites chosen for completion as monitoring wells.



West Valley/Powell Vista Subdivision:

Two to four additional core holes will be drilled at depths up to 500-ft using the same size diamond core tube and bit. If

necessary, casing will be advanced with the drill bit and core barrel to keep the hole from collapsing. The field

Hydrogeologist may decide to case the bore hole after the target depth has been reached. The MBMG will provide all

casing and screen for sites chosen for completion as monitoring wells.



General Requirements:

The driller will furnish all drilling materials and related equipment including core tubes, core extractor, diamond drill bits,

and core boxes etc. The driller will provide a water truck and any other necessary support vehicles.



Drilling speed will be maintained at a rate that produces straight and true holes and allows the hydrogeologist to log the

cores. There may be time when the drill rig will be idled to allow for water quality sampling, monitoring or other activities.



The driller must have previous experience drilling in similar settings and have an above average safety record. Start-up

date will be determined in consultation between MBMG and the driller; however, drilling is expected to begin in August

2011 and completed by June 2012. The successful bid will be based on the specifics listed below; however the actual

drilling and well completion may vary from this. The driller must be a licensed Montana Well Driller or Monitoring Well

Driller.



Total footage drilled will be 2,000 to 3,000 feet, at a cost not to exceed $150,000. Actual costs will be determined by the

total footage and number of core holes drilled.









Methodology

Diamond core drilling method is indicated for this bid. The contractor is required to provide equipment and crew that can

satisfactorily complete the work within the specified timeframe. The timeframe is set by the drilling contract. Meeting

these specifications will determine the acceptability of the final product.





Page 6

Drill cuttings must be discharged to within 3 feet of the ground through a discharge line in a controlled fashion and within

practical reach and access of the geologist. Site cleanup and drill cuttings disposal is considered part of the drilling work.



Any open boreholes, including over-drilled wells, will be filled with either cement or bentonite chips. The contractor is

responsible for all materials, labor and equipment necessary to complete the project. Underground line location is the

contractor's responsibility.



Completions will conform to Montana BWWC Monitoring Well and Water Well Construction rules and regulations. Drilling

speed will be maintained at a rate that produces straight and true holes and allows the hydrogeologist to log the cuttings,

and to test the water quality of specific stratigraphic zones. There will be times when the drill rig will be idled to allow for

testing water producing zones or other activities that fall under the chargeable category of Rig Time. Rig Time is a

chargeable expense only if the driller and MBMG representative agree in advance.



The driller must have previous experience drilling in similar settings. Completion particulars will be determined by the

driller's equipment and site conditions. The details listed here reflect the required product. Start-up date will be

determined in consultation between MBMG and the driller. Once mobilization begins, the work is expected to be

completed without demobilization (except for mobilizing between monitoring well sites, which may be up to 20 miles

apart). If agreed to by both parties, breaks during the project may be arranged, including any necessary due to weather.

Drilling must be completed as soon as practical unless alternative arrangements are made. No drilling or personal

garbage will be left on any sites. The successful bid will be based on the specifics listed below. However, the actual

drilling and completing may vary from this; the number of drill holes, total footage for each drill hole, and total footage

drilled for the project may change due to site conditions. MBMG will attempt to utilize all of the materials and services

listed herein, without exceeding the contract amount.



Start Up and Mobilization

The driller will furnish and transport to the work site all drilling and related equipment including water truck and other

necessary support equipment. The MBMG will provide all materials for drill holes selected for casing installation.





Start-up date will be determined in consultation between MBMG and the driller. Drilling is expected to commence shortly

after the bid closing date by mutual agreement of both parties. Once mobilization begins, the work is expected to be

completed without demobilization. The successful bid will be based on the specifics listed below; however, the actual

drilling and completions will vary somewhat from that listed.



Note: Item amounts are estimates only; per-quantity prices must be firm for the term of the contract. The driller is

responsible for all damages to his equipment, including during moves between locations and during drilling activities. The

driller is responsible for identifying and avoiding potentially dangerous situations. The driller is required to carry

appropriate accidental and liability insurance.



Cleanup

No drilling or personal garbage or litter shall be left on any sites.



Changes in Work

The driller must drill and complete drill holes that meet the design requirements specified in this bid proposal. No

deviation from that design will be allowed without permission from MBMG.



The driller is expected to make satisfactory progress. All work on this contract is expected to be completed within the

specified timeframe.



Prior approval must be obtained by MBMG to any changes in work. The schedule of work must be mutually approved by

the Contractor and MBMG. The contract shall be required to complete on the agreed completion date, with the possible

exception that MBMG may amend the contract in writing to extend the completion date to allow for delays due to weather,

changes in the schedule of work plan approved by MBMG, or other acceptable delays.



BIDDERS QUALIFICATIONS: All bidders must be primarily engaged in the business of drilling and completing wells

under similar geologic settings; licensed water well contractor and monitor well constructor; and must have been actively

engaged in this field for a period of no less than two-years.



Before the award of the contract, bidder may be required to show that they have the necessary experience, facilities, and

ability to perform the work in a satisfactory manner and within the time stipulated.

Page 7

TAXES, PERMITS AND FEES:

The Contractor shall secure and pay for all local state, and federal licenses, permits and inspections, give all notices, pay all

taxes and fees and comply with all laws, ordinances, rules regulations and lawful orders bearing on the performance of the

work and all costs must be included in the bid price.



COMPLIANCE with LAWS and REGULATIONS:

Contractor warrants that it shall comply with all applicable state and federal laws and regulations regarding wages and

hours, including but not limited to workers compensation coverage, prevailing wages, the Fair Labor Standards Act, and

regulations promulgated by the U.S. Department of Labor, including but not limited to the federal regulations cited in

Appendix A and B. The Contractor shall defend, indemnify and hold the University harmless from any damages or claims

that may result from Contractor's failure to comply.



INDEPENDENT CONTRACTOR: The Contractor is an independent contractor providing services for The University of

Montana. Neither the Contractor nor any of his employees are employees of the State of Montana or any agency or

division thereof, nor will they be considered employees of the State of Montana under any subsequent amendment to this

contract unless otherwise expressed.



The Contractor further agrees that in accordance with Montana Code Annotated 39-71-401 and 39-71-405, the Contractor

is responsible for Workers' Compensation coverage for his employees or, if entering into this contract as a sole proprietor

or a member of a partnership, himself. The Contractor agrees to comply with all provisions of Montana Law with respect

to Workers' Compensation coverage and to provide The University of Montana Business Services-Purchasing Office with

proof of compliance with the relevant statutory provision cited herein.



INSURANCE REQUIREMENTS:



The Contractor shall provide insurance coverage as required by this section. Certificates of insurance coverage shall be

filed with The University of Montana, Business Services - Purchasing office within thirty (30) days of notice of award of

contract. In no instance may any work commence prior to receipt of the certificates. A signed contract issued, as notice of

award, shall not be considered valid until The University of Montana, Business Services - Purchasing Office has received

the certificates.



General Requirements: The Contractor shall maintain for the duration of the contract, at its cost and expense, insurance

against claims for injuries to persons or damages to property, including contractual liability, which may arise from or in

connection with the performance of the work by the Contractor, agents, employees, representatives, assigns, or

subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission.



Primary Insurance: The Contractor's insurance coverage shall be primary insurance as respect to the University, its

officers, officials, employees, and volunteers and shall apply separately to each project or location. Any insurance or self-

insurance maintained by the University, its officers, officials, employees or volunteers shall be in excess of the

Contractor's insurance and shall not contribute with it.



Specific Requirements for Commercial General Liability: The Contractor shall purchase and maintain occurrence

coverage with combined single limits for bodily injury, personal injury, and property damage of $1,000,000 per occurrence

and $2,000,000 aggregate per year to cover such claims as may be caused by any act, omission, or negligence of the

Contractor or its officers, agents, representatives, assigns or subcontractors.



Additional Insured Status: The University, its officers, officials, employees, and volunteers are to be covered and listed

as additional insureds; for liability arising out of activities performed by or on behalf of the Contractor, including the

insured's general supervision of the Contractor; products and completed operations; premises owned, leased, occupied,

or used.



Deductibles and Self-Insured Retentions: Any deductible or self-insured retention must be declared to and approved by

the state agency. At the request of the agency either: (1) the insurer shall reduce or eliminate such deductibles or self-

insured retentions as respects the University, its officers, officials, employees, and volunteers; or (2) at the expense of the

Contractor, the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims

administration, and defense expenses.



Certificate of Insurance/Endorsements: Insurance must be placed with an insurer with a Best's rating of no less than A-

. The certificate must also include the University's solicitation number. This insurance must be maintained for the duration

Page 8

of the contract. The University of Montana, Business Services-Purchasing, Lommasson Center, Missoula, Montana

59812, must receive all required certificates and endorsements within 10 days from the date a contract or purchase order

will be issued. Work may not commence until a contract or purchase order is in place. The Contractor must notify the

University immediately, of any material change in insurance coverage, such as changes in limits, coverage, change in

status of policy, etc. The University reserves the right to require complete copies of insurance policies at all times.



COMPLIANCE WITH WORKERS’ COMPENSATION ACT:



The Contractor is required to supply the University Business Services-Purchasing Office with proof of compliance with the

Montana Workers’ Compensation Act while performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-120,

39-71-401, and 39-71-405.) Neither the Contractor nor its employees are employees of the University. The proof of

insurance/exemption must be received by the University Business Services-Purchasing Office, Lommasson Center,

Missoula, MT 59812, and must be kept current for the entire term of the contract.



CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION

WITHIN THE ALLOTTED TIME FRAME.



Coverage may be provided through a private carrier or through the State Compensation Insurance Fund (406) 444-6500.

An exemption can be requested through the Department of Labor and Industry, Employment Relations Division (406) 444-

1446. Corporate officers must provide documentation of their exempt status.



REGISTRATION WITH THE SECRETARY OF STATE: Any business intending to transact business in Montana must

register with the Secretary of State. Businesses that are incorporated in another state or country, but which are

conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with

sections 35-1-1026 and 35-8-1001, MCA. Such businesses may want to obtain the guidance of their attorney or

accountant to determine whether their activity is considered transacting business.

If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and

obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials,

call the Office of the Secretary of State at (406) 444-3665, or visit their website at

http://www.sos.mt.gov/Business/index.asp .



PREVAILING WAGE REQUIREMENTS – MONTANA: The nature of the work performed, or services provided, under

this contract meets the statutory definition of a "public works contract" in section 18-2-401, MCA. Unless superseded by

federal law, Montana law requires that contractors and subcontractors give preference to the employment of Montana

residents for any public works contract in excess of $25,000 for construction or nonconstruction services in accordance

with sections 18-2-401 through 18-2-432, MCA, and all administrative rules adopted in relation to these statutes.



Unless superseded by federal law, each contractor shall ensure that at least 50% of a contractor's workers performing

labor on a construction project are bona fide Montana residents.



The Commissioner of the Montana Department of Labor and Industry has established the resident requirements in

accordance with sections 18-2-403 and 18-2-409, MCA. Any and all questions concerning prevailing wage and Montana

resident issues should be directed to the Montana Department of Labor and Industry.



In addition, unless superseded by federal law, all employees working on a public works contract shall be paid

prevailing wage rates in accordance with sections 18-2-401 through 18-2-432, MCA, and all associated administrative

rules. Montana law requires that all public works contracts, as defined in section 18-2-401, MCA, in which the total cost of

the contract is in excess of $25,000, contain a provision stating for each job classification the standard prevailing wage

rate, including fringe benefits, travel, per diem, and zone pay that the contractors, subcontractors, and employers shall

pay during the public works contract.



The standard prevailing rate of wages paid to workers under this contract must be adjusted 12 months after the date of

the award of the public works contract per section 18-2-417, MCA. The amount of the adjustment must be a 3% increase.

The adjustment must be made and applied every 12 months for the term of the contract. This adjustment is the sole

responsibility of the contractor and no cost adjustment in this contract will be allowed to fulfill this requirement.



Furthermore, section 18-2-406, MCA, requires that all contractors, subcontractors, and employers who are performing

work or providing services under a public works contract post in a prominent and accessible site on the project staging

area or work area, no later than the first day of work and continuing for the entire duration of the contract, a legible

statement of all wages and fringe benefits to be paid to the employees in compliance with section 18-2-423, MCA.

Page 9

Section 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis. Each

contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of being certified for

submission under section 18-2-423, MCA, for not less than three years after the contractor's, subcontractor's, or

employer's completion of work on the public works contract.



All contractors and employers shall classify each employee who performs labor on a public works project according to the

applicable standard prevailing rate of wages for such craft, classification, or type of employee established by the

Commissioner of the Montana Department of Labor and Industry, and shall pay each such employee a rate of wages not

less than the standard prevailing rate as specified in the Montana Prevailing Wages Rates, effective February 12, 2010.



SUBCONTRACTING: The successful bidder will be the prime contractor and shall be responsible, in total, for all work of

any subcontractors. All subcontractors must be listed in the bid. The University reserves the right to approve all

subcontractors. The Contractor shall be responsible to the University for the acts and omissions of all subcontractors or

agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of person’s

employed directly by the Contractor. Further, nothing contained within this document or any contract documents created

as a result of any contract awards derived from this IFB shall create any contractual relationships between any

subcontractor and the University.



TERMINATION: Except as otherwise provided in this section, either party may terminate the Contract Agreement for failure of

the other party to perform any of the services, duties, or conditions contained in this Contract Agreement after giving thirty (30)

days written notice by registered mail or personal delivery to the other party. The written notice must demand performance of

the stated failure within a specified time period of not less than thirty (30) days. If the demand performance is not completed

within the specified time period, the termination is effective at the end of that specified time period. This contract may be also

terminated at any time, without cause, by mutual written or signed consent of the parties hereto. Contracts may be cancelled

if it is determined that the Contractor’s services do not adequately meet the University’s needs.



CANCELLATION: A Purchase Order resulting from this Invitation for Bid is subject to cancellation if it is determined that

the Contractor’s services do not adequately meet the University’s needs.



TAXES, SHIPPING, AND INVOICING: The prices herein specified, unless otherwise expressly stated, shall exclude all

taxes and duties of any kind which either party is required to pay with respect to the sale of products covered by this IFB,

but shall include all charges and expenses in connection with the packing of the products and their carriage to the place of

delivery to the University unless specifically excluded. Bid prices shall include any and all transportation costs. The

Contractor shall be paid, except as otherwise stated in this IFB, upon submission of a proper invoice, the prices stipulated

herein for products, and/or services delivered to and accepted at the specified location.



PROJECT COORDINATOR: All project management will be coordinated with Ted Duaime of the Montana Bureau of

Mines & Geology.



The successful bidder shall designate a Project Manager, and after contract award, all coordination between the Montana

Bureau of Mines and Geology and the successful bidder shall be through the designated project managers.



CONTRACTORS PERFORMANCE: In the event of unsatisfactory performance, the Contractor will have two (2) days

from notification to correct. In the event the unsatisfactory performance is not corrected within the time specified above,

Montana Tech shall have the immediate right to complete the work to its satisfaction and shall deduct the cost to cover

expenses from any balances due or to become due to the contractor.



PAYMENT: The contractor will submit monthly invoices for payment. An initial invoice, covering the cost of materials for

the first test site, may also be submitted.



Daily sheets will be used to monitor work progress and expenditures during the course of the project. The contractor will

provide daily sheets to MBMG site geologist each day for signature.



Subcontracting of a portion of this work is allowed, provided all other conditions listed herein are met and with prior

approval by the MBMG Project Manager. The contractor awarded this bid is responsible for the performance of any

subcontractors.



DISCOUNTS: Governmental or educational discounts available for these products will be a consideration of bid award.



DESCRIPTION:

Page 10

QTY Description Cost per Unit Total

unit

5-9 Core Holes Diamond Core Hole Drilling (100ft to 700ft) $ HOLE $

Drill 3-inch (HQ) or larger diameter core hole using rotary

Diamond drill bit. Steel casing may be advanced with the core

barrel/drill bit to keep the hole from collapsing. Provide all

support vehicles and core boxes.



Mobilization and Demobilization $ MILE $

Rate per mile to locations within Anaconda-Deer Lodge County,

Montana for drill rig and all support units and return to base.



Mobilization between Sites $ MILE $

Rate per mile to move drill rig and support vehicles between

drill sites.



Standby Time $ HOUR $

All time during a scheduled workday during which the drilling

Unit and crew are ready, but during which no drilling can

Proceed because of logging or other activities.



Per Diem $ DAY $

Rate per day for the entire drill crew.







OVERALL TOTAL COST: $__________________







----------------------------------------------------------------------------



NOTE: Vendors wishing to submit bids may FAX their quotation to The University of Montana, Business

Services-Purchasing Office, 406-243-2529, prior to 2:00 p.m. local time, August 09, 2011.



----------------------------------------------------------------------------

IFB Checklist



Have you remembered to:



 Check our website for the latest addendum to the IFB

 Sign each "Acknowledgment of Addendum" if required

 Sign your bid on our cover sheet

 Mark your mailing envelope or box with the IFB number and the opening date under your return address

 Carefully review the "Standard Terms and Conditions"

 Carefully review all listed requirements to ensure compliance with the IFB

 Initial all bid/pricing changes you made

 Bid F.O.B. Destination (Ship To: Address) Freight Prepaid

 Submit all pages of the Invitation to Bid.









Page 11



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