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Home My WebLink About16- Contract Documents - Knife River - 2016 Seal Coat ImprovementsCITY OF BOZEMAN 2016 SEAL COAT IMPROVEMENTS CONTRACT DOCUMENTS PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT APRIL 2016 CITY OF BOZEMAN, MONTANA 2016 SEAL COAT IMPROVEMENTS April 2016 CONTRACT DOCUMENTS Bidder's Checklist Invitation to Bid Instruction to Bidders Bid Form TABLE OF CONTENTS Non-discrimination Affirmation Form Bid Bond Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contract (by reference) Supplementary Conditions Montana Prevailing Wage Rates CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment APPENDIX A Estimated Quantities, Work Location Maps, Pavement Marking Plans BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. __ 1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) __ 2) Bid Proposal: a. Arithmetic Checked? b._Unit Bid amounts agree with math calulations? c._All Addenda acknowledged on proposal sheet and cover? d._Signature portion completely filled out? e._Bid Proposal intact in Contract Documents DO NOT REMOVE!!!! f._Non-Descrimination Affirmation form completed and signed? __ 3) Bid Envelope: a._Addressed properly? (See Article 1 -Bids, Instrnctions to Bidders) b._Contains the Contract Documents and Specifications booklet? c._Acknowledged Receipt of Addenda? d. Sealed? __ 4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, and acknowledgement of all addenda (by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2016 Seal Coat Improvements Project Separate sealed bids for construction of City of Bozeman 2016 Seal Coat Improvements Project will be received by the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 will be received until 2:00 p.m., local time, May 17, 2016, and then publicly opened Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk's Office, Suite 202, City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana, 59771. Bids must be received before 2 p.m. May 17, 2016. Original copies must be submitted-no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The work involves Seal Coating and Pavement Markings on various streets within the City of Bozeman as specified in the contract documents. Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained upon payment of $15.00 (non-refundable) for each set, at the City of Bozeman, Engineering Department, 20 East Olive Street, Bozeman Montana 59715. All bids and proposals for the construction of any public contract project shall contain a statement showing that the bidder or contractor is duly and regularly registered under the laws of the State of Montana, and the contractor's registration number shall appear upon such bid or proposal, and no contract shall be awarded to any contractor unless he is the holder of registration, all as defined by IV[CA 39-9-101 through 410. Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana, 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. All laborers and mechanics employed by contractors or sub-contractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the State of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. 1 INVITATION TO BID Every entity submitting under this invitation must sign and return the required affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent (10%) of the total amount of the bid. Successful bidders shall furnish an approved Performance Bond and a labor and materials Payment Bond, each in the amount of One Hundred percent ( 100%) of the contract amount. Insurance as required shall be provided by the successful bidder(s) and a Certificate(s) of that insurance shall be provided. local time, May 17, 2016. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed Sixty ( 60) days, and to accept the bid which is in the best interests of the Owner. The City of Bozeman is required to be an Equal Opportunity Employer. Dated at Bozeman, Montana, this 28th day of April, 2016. Pearl Michalson Deputy/Interim City Clerk, City of Bozeman Published Bozeman, Montana May 1, 2016 May 8, 2016 2 ItNITATION TO BID INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2016 SEAL COAT IMPROVEMENTS, CITY OF BOZEMAN. Bids shall be strictly in accordance ,n1ith the prescribed form. -"A.Ln}' modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. ,---.. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by, or in behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title of the person( s) executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; ( c) has a suitable financial status to meet obligations incident to the work; and ( d) has appropriate technical experience. 1 INSTRUCTIONS TO BIDDERS Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 6th Edition (MPWSS), shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Rn7.P.tTiiin i'v'fndiTic:}itinns tc1 l\lf nr+1t~n;:i Pn}11 ic·. \JJrlrk,:;; ~tMnF1~tY1 ~n~r:l fi(•:.:tti ,-H-1~ hth htli1 i(,n rrnR 7\/fnrt~i --------"'---· --_,,, _______ __. __ _. • ..., ......................... _,,, ....... -........ ~...., ........ _. • ................. ...,, .....,, .................. --.... -.._,,yv__.. ............ "' ............. ....., ........ >.J .....,. .,._, ................. v ....... \ .._,, .......,.,._, ... , ..... .......,.£../ .._, 1, dated March 31, 2011, including all addenda, which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms ofMPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid ........................... . Instructions to Bidders ................. . Bid Form ..................................... . Bid Bond ..................................... . Bound Herein Bound Herein Bound Herein Bound Herein Agreement Form ........................... Bound Herein Payment Bond .............................. MPWSS/Bound Herein Performance Bond ........................ MPWSS/Bound Herein Standard General Conditions ........ MPWSS Supplementary Conditions ............ MPWSS/Bound Herein Miscellaneous Forms Notice of Award .................. MPWSS Notice To Proceed ............. MPWSS Change Order ..................... MPWSS Work Directive Change ....... MPWSS Application For Payment (Guidance Only) ............... MPWSS Certificate of Substantial Completion ........................ MPWSS Wage Rates ................................... Bound Herein Special Provisions .......................... Bound Herein Technical Specification ................... MPWSS; COB MODS; Standard Specifications for Road an.d Bridge Construction, Montana Department of Transportation (latest edition) Appendix A--Standard Drawings ......... MPWSS/Bound Herein 2 INSTRUCTIONS TO BIDDERS Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, ( c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully conelate Bidder's observations with the Contract Documents. physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for pe1formance of the work. Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations 1mder the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. 3 INSTRUCTIONS TO BIDDERS INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stip11 i::itP.n timP.. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 N. Rouse Avenue P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: City of Bozeman 2016 Seal Coat Improvements Name of Contractor: --------------------Montana Certificate of Contractor Registration No. _____ _ Acknowledge Receipt of Addendum No.: --· __ , __ . In the lower left hand corner of the envelope print or type: BID DOCUMENTS -DO NOT OPEN UNTIL 2:00 P.M., May 17, 2016. Proposals shall be made in accordance with the following instructions: 4 INSTRUCTIONS TO BIDDERS A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By: ---------------________ Corporate Seal Title: -------------5 INSTRUCTIONS TO BIDDERS If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. MODIFICATION AND WITHDRAWAL OF BID Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation ofits Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the 6 INSTRUCTIONS TO BIDDERS best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, ifrequested by the Owner. If the Owner before giving the Notice of A ward, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. The Contractor shall be required to perform at least 40 percent of the original contract cost ( excluding cost of Traffic Control) with the Contractor's organization. Where an entire item is subcontracted, the percentage of the work subcontracted is based on the original contract item lmit price. When a portion of an item is subcontracted, the percentage of the work subcontracted will be based on either the subcontract item unit price or on an estimated percentage of the contract item unit price, determined by the City Engineer. An item will not be considered partially subcontracted unless the prime contractor performs a portion of the work (equipment, materials or labor). If the same item is subcontracted at multiple levels, the cost is only accounted for at the first level. When an item added by change order is subcontracted, the cost of the item does not count towards the required contract performance. AW ARD OF CONTRACT The award of contract, if awarded, will be made within the period specified in the Invitation To Bid to the lowest responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded the contract. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. 7 INSTRUCTIONS TO BIDDERS RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders, will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) nf the Agreement ;::;r;-;crnnt. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and retmned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen ( 15) days following receipt from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAIL URE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. V!hen the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all 8 INSTRUCTIONS TO BIDDERS subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. Each contractor and employer shall maintain payroll records in a manner readily capable of being certified for submission under 18-2-423, Montana Code Annotated (MCA), for not less than 3 years after the contractor's or employer's completion of work on the project. T'\/"'\C'1rJ"'\r,,..Tr'1 ,'1 , , 1 11 , • • , 1 •1 1 1 ,1 •, I' ,1 1 1 °1 1 t\ ;,-, 1 I l'Jl 1 \ .nntr;:-](~rnr ~n::.t 11 pn~r 1n ::::i prnrn1nP.n·1 }lnn !4(".C'.P~~, n1P pi ~PP nn rnp ~,re nT rrie 1;;.1or1< a 1eg101e statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONT ANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered that do not carry the Bidder's Certificate of Contractor's Registration number on the envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-406-444-7734) ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1 %) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. 9 INSTRUCTIONS TO BIDDERS TO: City Clerk P.O. Box 1230 BID FORM 2016 SEAL COAT IMPROVEMENTS CITY OF BOZEMAN BOZEMAN, MONTANA 59771 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of Seal Coating of various streets in the city of Bozeman, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 30 calendar days. Where multiple schedules are awarded under a single Contract, the contract times shall nm concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. 1 BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. J 2 BID FORM I I BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: :I BID SCHEDULE 2016 SEAL COAT IMPROVEMENTS :I NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Figures) 11 200 $ /OS 2.CO~ 101 Cationic Emulsified Gal. $ ;---54,100 A <:!phl'.l lt in p 1 l'lf'P 11 (CRS-2P) /~ /6/ 9727'0 1, 102 Seal Coat Aggregate SY $ 134,982 $ 3/8" Gradation, in place II 103 Striping -4" white Gal. $ ;co~ 58 $ 53C)'.::)~ ) Epoxy 1:1 104 Striping -4" yellow Gal. $ /0()~ 87 $ o 7CD~ ) ' J Epoxy r /25,e 62S~ ;I 105 Striping -8" white Gal. $ 5 $ Epoxy r 3So':3 700':.9 -106 Striping -24" white Gal. $ 2 $ Epoxy I !Ill 107 Striping -24" yellow Gal. $ ss-o~ 4 $ ;) "lcv~ i 1, Epoxy :II 108 Words & symbols Gal. $350~ 8 $ ~ <500~ I White Epoxy ,. 109 Traffic control LS $:Z~ooo~ LS $;?9:aYJ~ 110 Thermoplastic LS $5,cxx:? LS $ .soao~ , Treatment TOTAL BASE BID 3 BID FORM Iii Ill • '" The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. ____________ _ Dated ---------No. Dated ----------------------No, Dated ----------------------No. Dated ---------------------If an individual: --------------------doing business as ___________________ _ If a Partnership: ___________________ by __________________ , partner If a Corporation: J<N I Pf: 2 VE--IL-£ ~L&.ILIJ.Of:-(Seal & Attest) Business Address of Bidder:_,£~. ~O~, ~B=-=o~X~_9_,__ ______ _ ~ (l-,6 OG t-1/T' 5 CJ 1 1 1./-4 BID FORM If Bidder is a joint venture, other party must sign below: Montana License Number and Class --------------If an Individual: _________________ doing business as -----------------------If a Partnership: __________________ _ by Partner --------------If a Corporation: ___________________ _ (a) ______________ Corporation by _________________ _ Title 5 (Seal & Attest) BID FORM 1 l 1 ] 1 NON-DISCRIMINATION AFFIRMATION FORM t ~!....L...=-~~:.....:;..-'---""'=:::::.P..,r...c'iC!...,,O~ [name of entity submitting] hereby affirms it will not discriminate on the basis of race, col , religion, creed, s_ex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described · above ~ that t · prohibition shall apply to the hiring and treatment of the /:(!_ l~--t'llv lrt--~r'Z.b name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the cir-y of Bozer NOTICE OF AW ARD Dated: dH t'.\L "' I '2.-0\ \e TO: Knife River -Belgrade ADDRESS: P.O. Box 9, Belgrade, MT 59714 PROJECT: City of Bozeman 2016 Seal Coat Improvements CONTRACT FOR: Seal coat improvements. You are notified that your Bid dated May 17, 2016, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for seal coat improvements. The Contract Price of your Contract is: three hundred twenty four thousand two hundred three and 40/100 Dollars ($324,203.40). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by Ju,ru :Z..l \20) b 1. You must deliver to the OWNER _J_ fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 8), General Conditions (paragraph 5.0 I) and Supplementary Conditions (paragraph SC-5.02). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA BY:C~A~ BY: (CITY MANAGER) DATE: b-b-16 PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY -------------------~~ ~~ Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC C-430 Bid Bond (Penal Sum Fonn) Prepared by the En,,,oineers Joint Contract Documents Committee. Page 1 of2 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Ovvi1er accepts Bidde('s Bid and Bidder delivers within tl1e time required by the Bidding Docurncnls (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or \ 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents ( or any extension thereof agreed to in ·writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by foe Engineers Joint Contract Docillllents Committee. Page2of2 I 1 AGREEMENT FORM THIS AGREEMENT is dated as of the --6:!:_:-day of J~ in the year 2016, by and between CITY OF BOZEMAN, hereinafter called OWNE~ Knife River-Belgrade hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set faith, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Seal Coat Improvements. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2016 Seal Coat Improvements. Article 2. CONTRACT TIME. 2.1 The Work will be completed within..1Q_ days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They 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 substantially complete on time. Accordingly, instead ofrequiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars($ 100.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of three hundred twenty four thousand two hundred three and 40/100 Dollars ($324,203.40). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid ,vhen due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has conelated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract nor:11mPnT<:, 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7 .1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) ofinsurance. 7.7 General Conditions (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7 .10 Special Provisions and Measurement and Payment. 7 .11 Montana Public Works Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7 .12 Appendix A. 7 .13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7 .18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7 .19 Any Notice of Partial Utilization. 7 .20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification ( as defined in the General Conditions). Article 8. MISCELLANEOUS. 8 .1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8 .2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 1 I ,. I I I 8.5 The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (JOINT VENTURE) Title ---------City of Bozeman ~(OWNER) ~w~ AavJ't(CITY MANAGER) APPROVED AS TO FORM: ~~ ( < QO~C (CITY ATTY) '( (SEAL&) (ATTEST) (SEAL&) (ATTEST) SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for Seal Coating streets. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition (MPWSS), and as further modified by the City of Bozeman ~v'fndi-f'lc:;:itlnns tn i"v'fPVJ~~ (l~tpfl l"v'f;:=t-rc·.h i 1 ?011 ,Nhic-:h i~ hPrPl-,v-inc1nr1er1 ~~ r1~1-t nf the;;;;:e ___ __,, _______ .,_....,,.,. ... ._. _ __. ..._,-..-•' ._,.._,, __ ,..._._ .._,...__.,,__..,_.,. ..., _._, _...,.A._._, ............. ._ ........ A>.J ...._.,__...,__.,.,_,.J .&...L.a. .... -..... -_.._. y-.&,y .......... ".0..4 OJ specifications. All references to MPWSS sections, unless otherwise noted, is a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incuned during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The proposed work consists of seal coating various streets and replacing pavement markings as shown on the maps and plan sheets in Appendix A. 3. A WARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. Only one contract will be awarded. 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concunently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Tirne, except as the Contract Time may be extended by change order. Due to funding considerations, work may not begin earlier than July 1, 2016. 1 SPECIAL PROVISIONS 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of$100.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the fimds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 2 SPECIAL PROVISIONS 10. WARRANTY If, within one year after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7 :00 a.m. to 7 :00 p.m., Monday through Saturday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract( s) have been awarded, but before the start of construction, a conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing 3 SPECIAL PROVISIONS compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set fmih in the Contract Documents. 1 11 T Th TT'\ nn 0 n r\ T Th TT'\ T T'T'TT T'T'Tn c< 1'-t. Ul~l.....!D.f\ .. Vl_'.-VUl~LJ U 1J.LJ.1.l..C0 The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RJGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. 4 SPECIAL PROVISIONS In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be prepared by either an ATTSA (American Traffic Safety Services Association) certified Traffic Control Supervisor or Traffic Control Design Specialist or approved equal, or a Professional Engineer. The traffic control plan shall be approved by the Owner prior to construction. B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, 1 ° • L 1 , • , • 1 , 1 1 •, • • • I"' , , r, /-.(' "1 par1<:1r1g requ1:rerr1er1ts ana res1r1cl1ons, ana any orner conarc1ons, a m1n.1mum or 1v·venr1=rour \L4j nours prior to beginning work within the affected area. All signing, banicades, and other traffic control measures shall be provided by the Contractor. C. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Banicades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. Measurement and Payment. No separate measurement and payment shall be made for construction traffic control unless listed as a bid item. Construction traffic control shall be considered an incidental cost to be included in other items in the contract requiring traffic control to complete that item. E. Reflective Traffic Vests. All workers working in public right-of-way shall at all times wear reflective vests that at a minimum meet ANSI Class II requirements. F. Road Closures. The Contractor may close roads to traffic to complete the work, with the exception that traffic will need to be maintained on Durston Road where there are no local detour routes available. 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. 5 SPECIAL PROVISIONS Contractor shall comply with all Local, State, and Federal laws and regulations pe1iaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. Inlet Protection: all storm drain inlets shall be protected with filter fabric or approved equal method to prevent excess aggregate or other debris from entering the storm drain system. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. 6 SPECIAL PROVISIONS The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner and shall be delivered to a site of the Owner's choosing within the property limits of said Owner. Should the Owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be at the Contractor's expense. Excess seal coat aggregate shall be swept and removed by the Contractor and stockpiled at the Owner's yard on N. Rouse A venue north of Griffin Drive. 22. FINAL CLEANUP AND SITE RESTORATION Following completion of the work, all construction debris shall be removed from the work area. Any asphalt pavement removed or disturbed during the course of the work shall be replaced by the Contractor. All disturbed landscaped areas shall be restored with topsoil and re-seeded. The cost for final cleanup and restoration shall be included in other bid items; no separate payment shall be made for this work. 23. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 24. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 25. SUPPLEMENTAL TECHNICAL SPECIFICATIONS Seal Coating The proposed emulsified asphalt application rate for the seal coat improvements is 0.40 gal/SY. The 7 SPECIAL PROVISIONS contractor shall apply the appropriate quantity of 3/8" aggregate to achieve the necessary coverage to achieve good embedment of the aggregate without excessive asphalt bleeding or excessive loose aggregate following the compaction rolling. Adjustments of the application rates may be required to achieve the desired coverage. Sweeping and removal of excess aggregate shall be the responsibility of the Contractor. Sweeping of the roadways may not commence sooner than 24 hours after the seal coat is placed and shall be completed within 4 days after the seal coat is placed. Following the completion of seal coat placement, "Loose Gravel" warning signs shall be placed at the beginning and end of the work zones until sweeping operations are completed. The Street Department v1ill sv\1eep streets to be seal coated prior to the start of the project. Additional cleaning or sweeping of the streets by the Contractor may be necessary immediately before the beginning of seal coat operations as directed by the Engineer. The cationic emulsified asphalt for Seal Coat Improvements shall be CRS-2P, in accordance with the following table (Table 702-8, Montana Standard Specifications): TABLE 702-8 LATEX OR TEST METHOD LMCRS-2 CRS-2P POLYMER MODiFlED CRS-2 EMULSIFIED ASPHALT PROPERTY Viscosity at 122 °F AASHTO T-59 75-400 50-400 (50 °C), sec. -Sieve, percent AASHTO T-59 0.3 max. 0.3 max. Settlement, 5 days, AASHTO T-59 5 max. 5 max. percent Dem ulsibility, AASHTO T-59 40 min. 40 min. percent Storage Stability AASHTO T-59 1 max. 1 max. Test, 1 day, percent Particle Charge AASHTOT-59 Positive Positive Ash Content, AASHTO T-111 0.2 max. 0.2 max. percent Tests on Residue AASHTO T-59 65 min. 65 min. by Evaporation: Percent Residue Penetration, 100 g, AASHTO T-49 100-200 100-250 5 sec. at 77 °F (25 °C), dmm Ductility at 77 °F AASHTOT-51 40 min. I 75 min. I I (25 °C), 5 crn per I I minute, cm Elastic Recovery, percent AASHTO T-301 58 min. -Torsional Recovery, MT-333 18 min. percent -8 SPECIAL PROVISIONS Thermoplastic Treatment This work is the preparation of existing thermoplastic pavement markings prior to the seal coat operation. Construction. Mechanically scarify and roughen existing thermoplastic pavement marking surfaces to produce a uniformly roughened surface that, when sealed, is smooth and matches adjacent surfaces. Pavement Markings Pavement markings shall be replaced following paving operations in accordance with Section 620 of "Standard Specifications for Road and Bridge Construction", Latest Edition, adopted by the Montana Department of Transportation (reproduced herein). Pavement markings shall be epoxy paint. No interim markings shall be required. The Owner may install temporary markings. Apply pavement markings a minimum of 30 calendar days, and a maximum of 45 calendar days, after seal coating operations through initial sweeping are completed. When final pavement markings are the only remaining item of work on the project, contract time assessment will be suspended until either, beginning final pavement markings application, or 45 days elapse after seal coat operations are completed. 9 SPECIAL PROVISIONS SECTION 620 PAVEMENT MARKING APPLICATION 620.01 DESCRIPTION This work is the application of temporary striping, interim pavement markings, and final pavement markings. 620.02 MATERIALS Furnish materials in accordance with the following subsection requirements: Epoxy Traffic Paint .................................................. 714.06 High Durability Waterborne Traffic Paint ................. 714.05 Preformed Plastic Material ...................................... 714.07 Reflective Glass Beads ........................................... 714.08 Temporary Striping Tabs ......................................... 714.02 Temporary Striping Tape ......................................... 714.01 Temporary Waterborne Traffic Paint ....................... 714.03 Waterborne Traffic Paint ......................................... 714.04 620.03 CONSTRUCTION REQUIREMENTS 620.03.1 General Furnish a manufacturer's material certification or data sheet for the product to be used. Do not apply materials that do not meet the contract requirements. The Project Manager may request a manufacturer's sample or take field samples for testing. Furnish a material sample weighing at least 2 pounds (0.91 kg). Furnish temporary waterborne traffic paint, waterborne traffic paint, high durability waterborne traffic paint, epoxy traffic paint, and glass beads listed on the QPL. 620.03.2 Layout of Pavement Markings The Project Manager will lay out the final pavement marking configurations and locations. Notify the Project Manager a minimum of 10 business days before striping in the permanent location is to begin. Preserve all marking configurations and locations after the initial layout by the Department. Apply the markings to within ± %-inch (6 mm) of the specified width. Apply the centerline and shoulder lines within 0.30 feet (90 mm) of the true line. Ensure the stripe does not deviate by more than 0.15-foot in 500 feet (45 mm in 150 m). Apply all other markings (words, symbols, stop bars, crosswalks, hash marks, and others) within 0.25 feet (75 mm) of the location marked by the Project Manager. Apply words, symbols, letters, and/or numeral pavement markings free of gaps and fully solid. The Project Manager will determine the accuracy of the applied markings. Remove and replace out of specification pavement markings as directed at Contractor expense. 620.03.3 Equipment Use equipment manufactured to apply the material type. Ensure the equipment prevents paint spray or bead loss outside the specified line width. Equip the pavement-marking machine with a flow meter and totalizer that measures paint quantities in gallons (L), to the nearest 0.1 gallon (0.1 L). Ca!ibrate the fiow meter before use on the project and when directed. Locate the flow meter in the flow line to the spray nozzles. Locate the totalizer where it can be easily read. Ensure the calibration adjustment is accessible without meter removal or using a calibration adjustment device. 415 620 -PAVEMENT MARKING APPLICATION 2014 EDITION Ensure the application equipment is acceptable to the manufacturer. Submit calibration certificates from an independent agent for the paint tank. Re-certify the tank at the beginning of each year before using the equipment on Department contracts. The Project Manager may inspect the tank before each use and as determined necessary. Stop bars, crosswalks, and words/symbols may be applied with hand-operated equipment. Terminate marking application when the equipment fails to apply the markings in accordance with the contract requirements. Make equipment adjustments and resume striping. For material paid by the gallon (L), quantities will be verified by measuring the equipment's paint tank(s), using tank stabs. The Project Manager will visually witness tank stabs at the beginning and end of each work shlft, any time additional paint is added to the tank, at the beginning and end of each route/road segment on contracts with multiple route/road segments, at the beginning and end of each certified paint lot, and at other intervals as necessary. Park the equipment on a level surface approved by the Project Manager for each tank measurement. 620.03.4 Sutface Preparation and Weather Limitations A. General. Prepare the surface to be painted in accordance with the paint manufacturer's recommendations. Remove loose material by sweeping and brooming no more than 2 days before striping. If not bid separately, the cost of this operation is included with the cost of the striping and is not measured separately for payment. Inform the Project Manager and modify, when required, the surface preparation to ensure optimal bonding of the marking to the surface and to provide the specified marking requirements. Apply the material following the manufacturer's recommendations. Apply pavement markings during daylight hours only. Obtain Project Manager approval to apply pavement markings any other time. Grind all surfaces with existing epoxy pavement markings within 3 calendar days before applying the pavement markings. Grinding is surface abrasion to provide a roughened surface free of loose paint chips, loose seal aggregate and surface debris. Grind to a depth that completely removes the existing pavement markings. Immediately stop grinding if the depth exceeds that of the existing pavement markings and make adjustments to meet the specified grind depth. B. Concrete Surfaces. Prepare existing concrete surfaces in accordance with Subsection 620.03.4(A). Do not grind or apply final pavement markings on new concrete until 30 calendar days after it has been placed. C. Removal Limits. Meet the following removal limits: • Do not grind more than 1-inch (25 mm) wider than the existing stripe. • Do not grind more than 4 inches (100 mm) from the beginning or end of the stripe being removed. D. Disposal. Collect and dispose of all removed material and new traffic marking materials spilled during the work. Process, handle, transport, and dispose of the materials in accordance with the current applicable solid waste laws and regulations. 620.03.5 Temporary Striping Temporary striping consist of the centerline markings for two-lane two-way roadways; lane line markings for divided four-lane Interstates, and centerlines and lane lines for two-way undivided three or more lane roadways. Divided roadways are roadways where the paved surface for each direction of travel is physically separated by an unpaved section. Apply temporary striping for paving and milling operations in accordance to Subsection 618.03.9. 416 2014 EDITION PAVEMENT MARKING APPLICATION -620 Remove, at Contractor expense, all temporary striping that conflicts with interim or final pavement markings. Remove conflicting temporary stripe(s) the same day the interim or final pavement markings are applied. A. Temporary Waterborne Traffic Paint. Apply a 10 ± 1 mil (0.254 ± 0.025 mm) thick wet film immediately followed by applying at least 6.0 pounds per gallon (0.72 kg/L) of glass beads to temporary striping. 8. Tape. Follow the tape manufacturer's recommendations for road surface preparation and installation. Install the tape in accordance with the contract. C. Tabs. Follow the tab manufacturer's recommendations for road surface preparation and installation. instaii the tabs in accordance with the contract. 620.03.6 Interim Pavement Markings Interim pavement markings consist of all longitudinal striping (centerlines, edge lines (shoulder lines), lane lines, etc.) and words and symbols identical to the final pavement marking configuration. Use the material specified in the contract. Apply interim pavement markings no later than 1 O calendar days after the application of temporary striping on intermediate lifts, and before opening to traffic on top lift. Do not apply interim pavement markings when the ambient air temperature is lower than 40 °F (4 °C). Stripe newly constructed pavements, including partially completed sections. Apply the interim pavement markings matching the final pavement marking configurations and locations. Interim pavement markings placed prior to chip seal may be offset as approved by the Project Manager. The Project Manager will suspend all remaining contract work if the interim striping is not applied within the time specified above. A. Waterborne Traffic Paint. Apply a 16 ± 1 mil (0.406 ± 0.025 mm) thick wet film immediately followed by applying at least 8.0 pounds per gallon (0.96 kg/L) of Montana Type 1 or 2 glass beads. B. High Durability Waterborne Traffic Paint. Apply a 16 ± 1 mil (0.406 ± 0.025 mm) thick wet film immediately followed by applying at least 8.0 pounds per gallon (0.96 kg/L) of Montana Type 1 or 2 glass beads. 620.03.7 Final Pavement Markings Apply final pavement markings a minimum of 30 calendar days, and a maximum of 45 calendar days, after concrete is placed or after seal coat operations through initial sweeping are completed. When final pavement markings are the only remaining item of work on the project, contract time assessment will be suspended until either, beginning final pavement markings application, or 45 calendar days elapse after seal coat operations are completed or concrete placement is completed. The Project Manager may extend the 45 days due to holidays or inclement weather that prevent the application of final pavement markings. Use the material specified in the contract. A. Epoxy or other Polymeric Traffic Paint. Submit a copy of the manufacturer's instructions for surface preparation and material application. Include in the instructions: • Equipment requirements " Approved work methods and procedures • Material application range • Ambient & surface temperature requirements • Weather limitations " Precautions " All other requirements for successful application and material performance. 417 620 -PAVEMENT MARKING APPLICATION 2014 EDITION Do not place materials before furnishing complete instructions to the Project Manager. Apply a 20 ± 2 mil (0.508 ± 0.051 mm) thick wet film immediately followed by applying at least 25 pounds per gallon (3 kg/L) of Montana Type 2 glass beads to the epoxy. Ensure application equipment accurately meters the two components and produces and maintains the mixing head temperature, all meeting the epoxy manufacturer's specifications. Immediately terminate striping application if the applied stripe(s) are less than 18 mils thick. Grind all 18-mil and thinner striping in accordance with Subsection 620.03.4 and replace the striping in accordance with the contract at Contractor expense. Correct aii deficient striping before continuing with the remaining striping work. The Project Manager will identify deficient stripe thickness by comparing the tank quantities measured and used against the length, width, and application rate of the applied stripe. Apply the pavement marking material when the pavement is dry and the ambient temperature is 40 °F (4 °C) and rising or follow the manufacturer's surface and temperature requirements, whichever is more restrictive. 8. Preformed Plastic Materials. Apply pavement markings up to 8 inches (200 mm) wide in a single application to the specified width. Apply pavement markings over 8 inches (200 mm) wide in 6 or 8-inch (150 or 200 mm) multiple applications and minimum fractional 4-inch (100 mm) applications. Appiy the marking material at the thickness specified in the contract. Cut and true the marking material edges. Apply inlaid plastic materials into the new asphalt pavement just before final compaction and roll it flush with the roadway surface during the final plant mix compaction. 620.03.8 Concrete Curbs Use the material specified in the contract. Apply curb paint during the application of the final pavement markings. Clean the concrete surfaces in accordance with the paint manufacturer's recommendations. Apply paint on concrete a minimum of 30 calendar days after the concrete has been placed. Paint the tops and traffic sides of curbs at restricted parking locations as specified. Apply yellow paint to the tops and traffic sides of all island curbs, median curbs, and other similar curbs. Apply Type 1 or Type 2 reflective glass beads at a minimum rate of 8.0 pound per gallon (0.96 kg/L) immediately following the application of epoxy to concrete curbs. 620.03.9 Marking Protection Furnish all traffic control necessary to protect markings until dry. Correct smeared or damaged markings at Contractor expense. 620.03.10 Marking Removal Remove existing temporary and final pavement markings using any of the following: " Sand blasting with air or water; • High-pressure water; " Steam or super-heated water; or • Mechanically grinding, sanding, scraping, brushing. Submit the method or methods to be used. The Contractor may submit written proposals for other removal methods. An approved method may be subsequently disapproved if it damages the marking surface or inadequately removes existing markings. 418 2014 EDITION PAVEMENT MARKING APPLICATION-620 Remove all pavement markings that would conflict with newly applied striping or markings at contractor expense. Remove conflicting pavement markings the same day new markings are applied. Remove sand or other material on the surface left by the removal as the work progresses. Satisfactorily repair surfaces damaged by marking removal at Contractor expense. 620.04 METHOD OF MEASUREMENT 620.04.1 Temporary Striping Quantities Temporary striping is measured by the mile (km) of stripe applied (centerline, whether pass nr n" n,:ic,c-ic-mor::icq 1rorl r"\t,,....4"::'. 1'"'\r"\t"' r,.n-.li,.....-,_+irn""I \ ~ '-'1 IJV JJC4.VV, IV llfVCIOUIVU vnvc; pv1 ClJJJJIIVO.l.lVII/· Only those pavement markings represented by a manufacturer's certification at the time of application, and actually used and witnessed on the project are eligible for payment. 620.04.2 Interim Pavement Marking Quantities Interim pavement markings are measured by the gallon (L). Only those pavement markings represented by a manufacturer's certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Project Manager using tank stabs or totalizer exceed the quantity calculated using an application rate of 17 mils (0.431 mm) times the specified width (without applying the tolerance) times the length of line applied, the lesser quantity will be paid for. 620.04.3 Epoxy Traffic Paint Epoxy is measured by the gallon (L). Only those pavement markings represented by a Manufacturer's Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Project Manager using tank stabs or totalizer exceed the quantity calculated using an application rate of 22 mils (0.559 mm) times the specified width (without applying the tolerance) times the length of line applied, the lesser quantity will be paid for. 620.04.4 Preformed Plastic Materials Preformed plastic and thermoplastic pavement striping is measured by the foot (m). Words and symbols are measured by the square foot (m2). 620.04.5 Curb Painting Painting curb is measured by the gallon (L). 620.04.6 Hand Painted Pavement Markings (Words and Symbols) Hand painted pavement striping, words and symbols; stop baiS, crosswalks, hash marks, and other striping not applied by a striping truck are measured by the gallon (L). Quantity measurements are based on flow meter/totalizer readings taken before and after each run or if a calibrated tank is used, tank measurements are taken before and after each run. Computerized quantity print outs 'vvi!I be compared against tank stabs and the quantity calculated based on the surface area times the application rate for the product used. The amount of paint measured for payment is the difference between the startup readings and the end readings. Should the actual quantity measured by the Project Manager using tank stabs or totalizer exceed the quantity calculated using the application rate times the surface area applied, the lesser quantity will be paid for. All readings that measure paint for payment will be taken by the Project Manager. Provide all necessary assistance to make the readings including sufficient notice before the paint work begins. 419 620 -PAVEMENT MARKING APPLICATION 2014 EDITION 620.04.7 Removal of Pavement Markings If bid separately, pavement striping removal is measured by the foot (m) based on a 4-inch (100 mm) width for the actual quantity of striping removed. Lines wider and narrower than 4 inches (100 mm) are converted to the equivalent linear feet (m) of 4-inch (100 mm) wide line. Removal of words and symbols is measured by the square foot (m2) and converted to the equivalent linear feet (m) of 4-inch (100 mm) wide line. If not bid separately, removal of pavement markings is incidental to other items and is not measured separately for payment. 620.04.8 Line Controi Establishing line control for pavement markings is not measured for payment. 620.05 BASIS OF PAYMENT Payment for the completed and accepted quantities is made under the following: Pay Item PayUnit Curb Painting Gallon (L) Plastic Markings Square Foot (m2) or Linear Foot (m) Remove Pavement Markings Square Foot (m2) or Linear Foot (m) Striping Gallon (L) Temporary Striping Mile (km) Words & Symbols Gallon (L) Line control is not paid for separately, but is included in the cost of the pavement markings. Interim stripe applied over temporary stripe is measured and paid for as interim stripe. The quantity that is paid for marking materials is the lesser of the following quantities: • Flow meter and totalizer; • Calibrated tank and measuring device (tank stabs); and • Surface area times the application rate specified. Payment at the contract unit price is full compensation for all resources necessary to complete the item of work in accordance with the contract. 420 SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns. Tb' p f.o11rnu111g ffiPCl<al11'PmP11t cinrl 1'\aymPnt sp0t1r.11s rlr. rir.t 11e"""""a-r1'1y narnp. eV""""Y 1riro1dP.rita1 itP.m .A. .,,_...., ..a.. ..l...l.~ YT...1...1...1.. ..1.....1.-\.A.U\A..l.'-' '-'.J.J..\.. \A..l. '\.A .t-' .1..l.'V..L '-'-'V\...l.'\J.l..1. '-.J.V .1...l.'-1\, .L.1. "-''-'IJ>J J. ,1. .L .1.1..1.V V.l' .L..t.J..V.l. V.1.1.\. .L .J..L,V ..lJ. required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101 : Cationic Emulsified Asphalt, in place. This item shall be measured and paid for by the number of gallons at the contract unit price for "CRS-2P Emulsified Asphalt" material used and accepted in the work, conected to gallons at 60 degrees F. The unit price and payment shall constitute full compensation for all demlmage, storage, handling and all other charges, tools, equipment, labor and performance of all work necessary or incidental to the furnishing, delivery, unloading, heating, hauling and spreading of the asphalt material specified. Payments will be made only for the asphalt required and actually used in the work. The Owner will accept no responsibility for any oil shipped in excess of requirements because of tank-truck or tank-car capacities or for other reasons. Item 102: Seal Coat Aggregate, 3/8" Gradation, in place. This item shall be measured and paid for by the square yard for 3/8" seal coat aggregate at the contract unit price bid. The unit price and payment shall constitute full compensation for the furnishing, delivering, and placing of the material; compacting and rolling; for covering excess asphaltic material; sweeping and cleanup as specified in the Contract Documents; and for all labor, equipment, tools, and incidentals necessary to complete this item. Item 103: Striping -4" white epoxy Epoxy pavement markings are measured by the gallon to the nearest whole gallon. Only those pavement markings represented by a Manufacturer's Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner's representative using tank stabs or totalizer exceed the quantity calculated using an application rate of 22 mils times the width and length ofline applied; the lesser quantity will be paid for. Payment shall be made at the contract unit price bid for "Striping -4" white epoxy", said price and payment constituting full compensation for furnishing and installing linear pavement markings 4 inches wide in accordance with the Contract specifications. Item 104: Striping -4" yellow epoxy Epoxy pavement markings are measured by the gallon to the nearest whole gallon. Only those pavement markings represented by a Manufacturer's Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner's representative using tank stabs or totalizer exceed the quantity calculated using an application rate of22 mils times the width and length ofline applied, the lesser quantity will be paid for. Payment shall be made at the contract unit price bid for "Striping -4" yellow epoxy", said price and payment constituting full compensation for furnishing and installing linear pavement markings 4 inches wide in 1 • ,1 ,1 r, , , • r-, • accoraance v11tn tne contract spec1r1cat1ons. Item 105: Striping -8" white epoxy Epoxy pavement markings are measured by the gallon to the nearest whole gallon. Only those pavement markings represented by a Manufacturer's Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner's representative using tanl< stabs or totalizer exceed the quantity calculated using an application rate of 22 mils times the width and length of line applied, the lesser quantity will be paid for. Payment shall be made at the contract unit price bid for "Striping -8" white epoxy", said price and payment constituting full compensation for furnishing and installing linear pavement markings 8 inches wide in accordance with the Contract specifications. Item 106: Striping -24" white epoxy Epoxy pavement markings are measured by the gallon to the nearest whole gallon. Only those pavement markings represented by a Manufacturer's Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner's representative using tanl< stabs or totalizer exceed the quantity calculated using an application rate of 22 mils times the width and length of line applied, the lesser quantity will be paid for. Payment shall be made at the contract unit price bid for "Striping -24" white epoxy", said price and payment constituting full compensation for furnishing and installing linear pavement markings 24 inches wide in accordance with the Contract specifications. Item 107: Striping -24" yellow epoxy Epoxy pavement markings are measured by the gallon to the nearest whole gallon. Only those pavement markings represented by a Manufacturer's Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner's representative using tank stabs or totalizer exceed the quantity calculated using an application L _('r," •1 ,• ,1 • 1,1 1 1 'h r,1• ]' 1 'h 1 t'+... "] b '_J --t rcue 01 LL mus nmes me w1mn ana 1eng1 or nne app_1ea, ,: __ e _esser quan_1ty w1L e paiu !or. Paymen. shall be made at the contract unit price bid for "Striping -24" yellow epoxy", said price and payment constituting full compensation for furnishing and installing linear pavement markings 24 inches wide in accordance with the Contract specifications. Item 108: Words and symbols -white epoxy Epoxy pavement markings are measured by the gallon to the nearest whole gallon. Only those pavement markings represented by a Manufacturer's Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner's representative using tank stabs or totalizer exceed the quantity calculated using an application rate of22 mils times square footage of the word or symbol applied, the lesser quantity will be paid for. Payment shall be made at the contract unit price bid for "Words and symbols-white epoxy", said price and payment constituting full compensation for furnishing and installing word and symbol pavement markings in accordance with the Contract specifications. Item 109: Construction Traffic Control This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. This item shall also constitute full compensation for public notifications, installation ofNo Parking signs, and removal of any vehicles or other obstructions from the work zone if necessary. Item 110: Thermoplastic Treatment This item shall be measured and paid as a lump sum for treatment of existing pavement markings as specified in the contract documents. The lump sum price and payment shall constitute full compensation for all materials, tools, equipment, labor and performance of all work necessary or incidental for treatment of existing thermoplastic pavement markings. I l PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plurai where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): Knife River -Belgrade P.O. Box 9 Belgrade, MT 59714 OWNER (Name and Address): City of Bozeman 121 N. Rouse Avenue, P.O. Box 1230 Bozeman, MT 59771 CONTRACT Effective Date of Agreement: Amoimt: $324,203.40 Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 AND Travelers Casualty and Surety Company of America One Tower Square -2SHS Hartford, CT 06183 Description (Name and Location): 2016 Seal Coat Improvements BOND BondNumber:190036494/106522470 Date (Not earlier than Effective Date of Agreement): Amount: $324,203.40 Modifications to this Bond Form:NONE 11111, ,,,1 ,,,, ~,. .. \ \... GROu 11;; Surety and Contractor, intending to be l~al11,b3~4bJ;r,.,subject to the terms set fo1th belo,v; do each cause this Pe1formance Bond to be duly exe~1ted_oyCin' au'me11._Mi@, ~fficer, agent, or representative. .. . SE, ~-. -CONTRACTOR AS PRINCIPAL~ . 19 AL ~PR©'Y -:. . 90 L1-0ert)dviutual Insurance Company & \ ,1,>(~~l) ... 'frav~rs Casualty and Surety Company of America (Seal) -=-C=o=n=-=t-=r-=ac..:..t.::.:oc...r'-=s=,t."2+""""'---~---1--+---=;,,,,~,,,,~.,,~; 7"AN.. ,,,,~urety's Name an orpor te Seal I t II U \\ C By: ~y: Signature Pamela L. Michalies-Asst. Sec. Print Name Attest: Title Attorney-in-Fact Title Attest:~ Witness Title Note: Provide execution by additional parties, -such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared hy the Engineers Joint .Contract Documents Co,nm.Htee. Page 1 of3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor sh~Jl be allo"'v.ved a reasonable time to perlorm tb.e Contr.?-ct; but such an agr.eernent sha11 not \Vaive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perfmm the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concmTence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, mnnge for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Ov1mer. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, withont further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be gi-:eater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C.-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed peiformance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract P1ice shall not be reducep. or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7 _ S11rety hereby wrJves notice of any ch&11.ge1 including ch.anges of time"; to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in ;,vhich the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Smety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failme of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFOR.i\/IATION ONLY -(Name, Address and Telephone) Willis of Minnesota, Inc. Surety Agency or Broker: 1600 Utica Avenue South, Suite 600 Owner's Representative (Engineer or other party): Minneapolis, MN 55416 Phone: 763.302.7100 EJ CDC C-610 Performance Bond Prepared by the :Engineers Joint Contract Documents Committee. Page3 of3 l P AY1VIENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place·of Business): Knife River -Belgrade P.O. Box 9 Belgrade, MT 59714 OWNER (Name and Address): City ofBozeman Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 AND 121 N. Rouse Avenue, P.O. Box 1230 Bozeman..,,MT 59771 CONTRAC1 Travelers Casualty and Surety Company of America One Tower Square -2SHS Effective Date of Agreement: Amount _$324,203.40 Hartford, CT 06183 Description (Name and Location.): 2016 Seal Coat Improvements BOND Bond Nwnber: 190036494/1065224 70 Date (Not earlier than Effective Date of Agreement): Amount: $324,203.40 Modifications to this Bond Form:NONE \\11111111,,,,, Surety and Contractor, intending to be l~~~w-~~fr,~:b,:,.K~~J, subject to the terms set forth belo,v, do each cause this Payment Bond to be duly efcu~~dcW~~~~d officer, agent, o.rrepresentative. CONTRACTOR AS PRJNCIPALf . Sf,4 °'1~.£~y . 1990 [ J_.:1berg, Mutual Insurance Company & ______ ----,.,..c=_.c.._ ____ __,.,...,. .. -----.9o,.·($eW) ••. ·Trav,i].ers Casualty and Surety Company of America (Seal) e~ cc},:·.··~-····· §.\?rety's Name an Co rate Seal ry, ,,;., r ' "'' I I I \ . By: __ _:__c_-=----=~==----"--_L_~-___;_=--__.c. Signature Pamela L Michalies-Asst. Sec. Print Name Nicole Langer Print Name Attorney-in-Fact Title Attest: ~ ' Title ~ Si~~ Attest: ~ Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of3 l. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be nun and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the perlormance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, Hens, or suits to Contractor and Surety, and provided there is no Ovvner Default 3. "With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Smety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the mnount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last perlormed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or perlormed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at S11rety's expense take the follmving actions: 6.1 Send an answer to that Claimant, with a copy to Owner, ,vithin 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surets/ s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Conti;act and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Pay1mmt Bond Prepared by the Engineers Joint Contract Documents Comwittee. Page2 of3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Wod;:: or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. vVhen this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall pennit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include witho11t limitation in the terms "labor, materia1s or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neithex been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY -(Name, Address, and Telephone) Willis of Minnesota, Inc. Surety Agency or Broker: 1600 Utica A venue South, Suite 600 1 Owner's Representative (Engineer or other): Minneapolis, MN 55416 Phone: 763.302.7100 EJCDC [\615 Payment Bond Prepared by the Engineers Joint Contrad Documents Committee. Page 3 of 3 l Surety Acknowledgment State of __ ~MlNNE~~~S~O~T~A _____ -------'-'-} } ss. County of __ ~H=e=nn=e=p=in~ _______ __.,_} On this __ day of ______ 20 __ , before me personally came Nicole Langer, to me known, who being by me duly sworn, did depose and say that she is the Attorney-in-Fact of Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by like order. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No. 7339548 KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein coUectively called the ·companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brian D. Carpenter;. Craig Olmstead; Heather R. Goedtel; Jessica Hoff; Jill N. Swanson; Laurie Pflug; Michelle Sylvester; Nicole Langer; Nina E. Werstein all of the city of Minneapolis , state of. MN . each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, 11ny and all undertakings, bonds, recognizances and other surety obligations, in JJUrsuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has b.een subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of April , ~-STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company On this 22nd day of April , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. s" PAs,. COMMONWEALTH OF PENNSYLVANIA d---... /) 0«-,i-•'oNws., ~< Notarial Seal {I/, : ~ ~ -./--II;/ /!: r5' \ ;, Teresa Pastella. Notaiy Public By: ~~------~----------Plymouth Twp., Montgomeiy County Teresa Pastella, Notary Public ..;.. "' My Commission Expires March 28, 2017 1, ~'1:Nsvt.~I'-~ " D/3iAY pvfoV Member, Pennsylvania Assoc,alion of Notanes This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-OFFICERS-Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject lo such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject lo the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject lo such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary lo act in behalf of the Company lo make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power lo bind the Company by their signature and execution of any such instruments and lo attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary lo appoint such attorneys-in-tact as may be necessary to act on behalf.of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed; I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full; true arid correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 20. __ _ LMS_12873_122013 By:_~~-----~·~---Gregory W. Davenport, Assistant Secretary 274 of 1500 l ..... WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 229267 St. Paul Mercury Insurance Com1>any ·n-avelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. Q Q 6 7 7 9 2 7 6 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under th<:: laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jill N. Swanson, Laurie Pflug, Nina E. Werstein, Brian D. Carpenter, Nicole Langer, Jessica Hoff, Heather R. Goedtel, Michelle Sylvester, and Craig Olmstead of the City of -~M~i=n=n=e=a"'p~o=h=· s~----------' State of ____ =M~in=n~e~s~o~t=a~--------, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _____ 9_t_h _____ _ day of May 2016 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Robert L. Raney, Senior Vice President On this the __ 9_t_h _____ day of __ M_a~y _______ _ 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whel'eof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. '-Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS PO ER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guarimty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ____ day of ____________ , 20 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (See Montana Public Works Standard Specifications 6th Edition) SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. AU provisions that are not so amended or supplemented remain in full force and effect. SC -2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shai1 retain three copies. SC -2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC -2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confitJ.TI the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810 -6th Edition Supplementary Conditions to tl1e General Conditions Page 1 of 12 SC -2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07 .A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in 1Jaragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c. SC -4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor sha11 obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC~ 4.02 -SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special Provisions. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 2 of 12 SC-4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in wntmg about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC -4.04 -UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC -4.06 -HAZARDOUS ENYIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as fo11ows: A. Reports and Drawings: The Special Provisions identify those reports ......... . SC~ 5.02 LICENSED SURETIES AND lL'l'SURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "AM. Best Rating" of Pi-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Ov1ner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810 -6th Edition Supplementary Conditions to the General Conditions Page 3 of 12 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC -5.04 CONTRACTOR'S LiABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Par.agraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. ·workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. b. C. State Applicable Federal (e.g. Longshoremans) Employer's Liability Statutory Statutory $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which sha11 also include completed operations and product liability coverage. a. b. GENERAL AGGREGATE Products-Completed Operations Aggregate c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) e. Coverage will include: 1. Preri.nJses = Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810 -6th Edition Supplementary Conditions to the General Conditions Page 4 of 12 $ 3,000,000.00 $ 3,000,000.00 $ 1,000,000.00 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. (or) b. Bodily Injury: Each Person Each Accident Property Damage: Each Accident Combined Single Limit Coverage to Include 1. All Owned 2. Hired 3. Non-Owned $ 500,000.00 $1,000,000.00 $1,000,000.00 $ 1,000,000.00 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as fo11ows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence Aggregate Section 00810 -6th Edition Supplementary Conditions to the General Conditions Page 5 of 12 $1,000,000.00 $ 3,000,000.00 SC-5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC a 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the fo11owing in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub-Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage ( other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an P.:..pplication for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810 -6th Edition Supplementary Conditions to the General Conditions Page 6 of 12 6. include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SCS.06 shall comply with the requirements of Paragraph 5.06.C of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC -5.06.C. The qualifications of the insurance company sha11 comply with the requirements of SC-5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior pennission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions m its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedu1e reflecting the amount of work comp1eted and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810 -6th Edition Supplementary Conditions to the General Conditions Page 7 of 12 SC-6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.C to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations sha11 not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor sha11 be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. A1i pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor sha11 obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients 'vvill not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810 -6th Edition Supplementary Conditions to the General Conditions Page 8 of 12 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC-6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: Vlhile Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, jt is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC-11.01 COST OF TIIE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portiof\ of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the vVork. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810 -6th Edition Supplementary Conditions to the General Conditions Page 9 of 12 equipment rental rates will be negotiated prior to the work being performed. SCall.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC~ 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and sha11 not include any overhead or profit. Bill of Sa1e, invoice or other document warranting clear title for materials in storage wi11 be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop dra\ving schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810 -6th Edition Supplementary Conditions to the General Conditions Page 10 of 12 SC -14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC-14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ... entitling Owner to a set-off against the amount recommended, including liquidated damages;or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the fo11owing at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the 'Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC-14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the vvork at any time, b11t such taking possession or use vv111 not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in Section 00810 -6tll Edition Supplementary Conditions to the General Conditions Page 11 of 12 MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2016 Effective: January 2, 2016 Steve Bullock, Governor State of Montana Pam Bucy, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERO at ,,vww.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. 0. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required that each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. PAM BUCY Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication . .. . .. .. . ... .. . .. . . .. .. . .. . .. . .. . .. . ... . .. ...... ... ... ... ... .. . .. . ... ... .. . .. . ... .. . .. . .. . . .. . .. ... .. . .. . ... .. . .. . ... .. . .. . ... . 3 B. Definition of Highway Construction . .. .. . ... .. . .. . .. . ... .. . .. . ... .. . .. . .. . . .. .. . .. . .. . ... .. . .. . .. . .. . .. . .. . ... . .. .. . ... ... .. . ... .. . . .. .......... 3 C. Definition of Public Works Contract .. . .. . .. . .. . .. . . .. . .. .. . .. . .. . .. . .. . . .. .. . .. . .. . .. . .. . . .. .. . .. . .. . .. . .. . .. . . .. .. . .. . . .. .. . .. . .. . .. . .. . . ... 3 D. Prevailing Wage Schedule .. . . .. .. . .. . ... .. . ... .. . .. . ... ... ... . .. . .. .. . .. . .. . .. . .. . . .. .. . .. . .. . ... . .. .. . ... .. . ... . .. . .. ... .. . . .. .. . ... .. . .. . ... 3 E. Rates to Use for Projects . . . . .. .. . .. . .. . .. . .. . .. . . .. .. . .. . .. . .. . . .. ... ... .. . .. . ... ... . .. .. . . .. . .. .. . .. . .. . .. . . .. ... . .. . .. .. . . .. .. . .. . ... .. . . . . .. . 3 F. Wage Rate Adjustments for Multiyear Contracts .. . .. . ... ... .. . ... .. . .. . . .. .. . .. . ... . .. ... . .. .. . .. . ... ... .. . .. . . .. .. . ... ... .. . ... .. . . .. ... 3 G. Fringe Benefits .. . ... .. . . .. .. . . .. .. . ... ... . . . . .. .. . .. . ... . .. .. . . .. .. . ... .. . .. . .. . .. . .. . .. . .. . . .. .. . ... . .. .. . . .. .. . .. . .. . ... ... .. . ... .. . ... ... .. . ... . 4 H. Dispatch City .. . .. . ... . .. .. . .. . . .. ... .. . .. . .. . . .. .. . . . . .. . ... . . . .. . .. . .. . .. . .. . . .. . .. . .. .. . ... . .. .. . . .. .. . . .. .. . .. . .. . ... ... ... .. . ... .. . ... ... ... .. .. 4 I. Zone Pay ............... ..................... .................. ......... ................................. ............ ...... .......................... 4 J. Computing Travel Benefits ... ... ... ... . .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4 K. Per Diem .. . .. . .. . .. . .. . .. . .. . .. . . .. . .. .. . . .. . .. .. . .. . .. . .. . .. . . .. . .. . .. .. . .. . .. . . .. .. . . .. . .. .. . .. . .. . .. . . .. .. . .. . . .. .. . . . . . .. . .. .. . .. . .. . .. . .. . . .. .. 4 L. Apprentices .. . .. . .. . .. . .. . .. . . .. .. . . .. .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . .. . .. . .. . .. . .. . . . .. . .. . . .. .. . .. . .. . .. . . .. .. . .. . . .. .. . .. . . .. .. . .. . .. . .. . .. ... 4 M. Posting Notice of Prevailing Wages . .. ... ... .. . .. . ... .. . .. . ... . .. ... .. . .. . .. . .. . . .. ... . .. ... .. . .. . . .. .. . . .. ... .. . ... .. . .. . . .. .. . ... .. . . .. . .. . 5 N. Employment Preference . .. .. . .. . . .. .. . . .. . .. ... ... .. . .. . .. . .. . . .. .. . .. . .. . .. . .. . . .. . .. ... .. . .. . .. . .. . .. . .. . .. . .. . .. . . .. . .. .. . ... .. . ... . .. ....... 5 0. Welder Rates ... ... ... ... ...... ... ... ...... ... ... ......... ... ...... ... ... ... ... ... ... ... ...... ... ... ... ... ............ ... ...... ... ... ......... .... 5 P. Foreman Rates ... .. . ... ... ... . .. . .. ... ... ... ... . .. ... ... ... ... ... ... ... ... ... .. . ... ... ... ... ... ... ... . .. ... ... ... ... ... ... ... ... ... ... ... ... ... . 5 WAGE RATES: BRICK, BLOCK, AND STONE MASONS .. .... .. .. .. .. .... . .. .. .. .. .. .. .. . .. .... .. ..... .. . .. .. .. . .. .. .. .. . ... .. .. . .. .. .. .. .. .. . .... .. .. .. . . ........ 6 CARPENTERS .. . .. . .. . .. . .. . .. . .. . .. . . .. . . . .. . .. . .. . .. . .. . .. . . .. .. . . . . .. . .. . .. . . .. .. . .. . .. . .. . . .. .. . .. . .. . .. . .. . . .. .. . .. . .. . . . . .. . .. . .. . .. . .. . .. . .. . . .. .. 6 CEMENT MASONS AND CONCRETE FINISHERS ...... ... ... ...... ... ... . .. ... ...... ......... ........... ....... ...... ... ... ... ... ...... ..... 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ...... ... ...... ... ... ...... ... ... ......... ... ......... ..... 6 OPERATORS GROUP 2 .. . .. . . .. .. . .. . .. . .. . .. . .. . . . . .. . .. . . .. . .. .. . ... .. . . . . .. . .. . .. . . . . .. . .. . .. . .. . .. . .. . .. . . .. .. . .. . . .. .. . .. . . .. .. . .. . .. . .. . .. .. 7 OPERATORS GROUP 3 . .. . .. .. . .. . .. . . .. ... .. . .. . .. . .. . ... .. . .. . ... . .. .. . .. . . . . .. . ... .. . . .. .. . .. . .. . .. . .. . .. . ... .. . .. . .. . . .. .. . .. . ... .. . .. . .. . .. . . 7 OPERATORS GROUP 4 ............ .................. .............................. ...... ...... ............ ............ ......... ................... 7 OPERATORS GROUP 5 ...... ...... ............ ...... ...... ........................ ............... ......... ...... .................................. 8 OPERATORS GROUP 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . 8 OPERATORS GROUP 7 .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . .. .. . .. . .. . .. . ... .. . .. . ... .. . .. . .. . .. . .. . .. . .. . .. .. .. .. . .. . .. . .. . .. .... ... .. . .. . . .. .. . .. . .. .. 8 CONSTRUCTION LABORERS LABORERS GROUP 1 ... .. . .. . .. . .. . .. . .. . . .. . .. . .. . .. ... . . . .. . ... .. . .. . .. . .. . .. . .. . .. . . .. .. . . .. . .. ... .. . . .. .. . .. . .. . . . . .. . .. . .. . ... . . . .. . ... .. . . 8 LABORERS GROUP 2 .. . . .. . .. . .. . .. . .. . . . .. . .. . .. . .. . .. . .. . .. . . .. . . . .. . .. . . .. . .. . .. .. . . .. .. . .. . . . . .. . .. . .. . .. . . .. .. . . . . .. . . .. .. . .. . .. . .. . .. . .. . . 9 LABORERS GROUP 3 .. . .. . .. . .. . . .. .. . .. . .. . . . . .. . .. . .. . .. . . .. . .. . .. .. . . .. .. . .. . . .. .. . .. . ... ... .. . ... .. . . .. .. . . .. . .. .. . .. . .. . .. . .. . .. .. .. .. . ... . 9 LABORERS GROUP 4 .. . . .. .. . . .. .. . .. . ... .. . .. . . . . . .. . .. .. . .. . .. . . . . ... .. . .. .... .. . .. . .. . .. . .. . . .. .. . .. . . . . .. . .. . .. . .. . ... ... .. . ... . . .. .. ... .... 9 DIVER ......... ... ............ ............ ... ............... ...... ........................... ......... .................................... ............ ...... 10 DIVER TENDER ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ...... ... ......... ... ... ... ... ... ... ...... ... ... ... ... ......... ... ..... 10 ELECTRICIANS ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ...... ... ... 10 IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS ... ......... ..... .... ...... . .. ...... ... ...... ... ...... ... ...... ... .... 10 LINE CONSTRUCTION EQUIPMENT OPERATOR ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ...... ... ... ...... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ........ 11 GROUNDMAN ... . .. . .. .. . .. . .. . .. . . .. .. . .. . .. . . .. .. . . .. . .. ... .. . .. . ... .. . ... .. . . .. .. . .. . .. . . .. . .. .. . .. . .. . .. . .. . ... .. . .. . .. . ... ... .. . . .. .. . ... ... . .. .. 11 LINEMAN ... ........................ ...... ...... ......... ............ ............ ........................ .................. ... ............................ 11 MILLWRIGHTS ... ... .. . ... .. . . . . .. . .. . .. . .. . ... ... .. . . . . .. . ... ... ... .. . ... ... ... . .. ... ... . .. ... .. . ... ... . . . ... ... .. . .. . ... ... ... ... ... ... ... ... ... . .. ... .. 11 PAINTERS ... ... ...... ...... ... ... ... ... ... ... ... ... ... ... ... ...... ... ...... ... ...... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ...... ... ... ... ...... ... 11 PILE BUCKS . .. .. . . .. .. . .. . .. . .. . .. . . .. .. . . .. .. . .. . . .. ... .. . .. . .. . ... .. . . .. .. . .. . .. . .. . .. . .. . . .. .. . .. . .. . .. . .. . . . . . .. . .. . .. .. . . .. ... .. . .. . .. . .. . .. . .. . .. . .. 11 TEAMSTERS GROUP 1 (Pilot Car Drivers) ...... ...... ... .. .. .. ...... .... .. ...... .. .... ...... ...... ...... . .. ... ... ..... .. .. ............ ...... ....... 12 TEAMSTERS GROUP 2 (Truck Drivers) ... ... ... ... .. . ... ... .. . ... ... ... ... .. .... .. . ... ... ...... .. . ...................... ...... ... ... ... ...... ... .... 12 2 A. Date of Publication January 2, 2016 B. Definition of Highway Construction The Administrative Rules of Montana (ARM), 24.17.501(3)-(3)(a), states "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in cmyunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highwa;1, grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, unde1passes, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, swface courses, tccdways, and trails. " C. Definition of Public Works Contract Section 18-2-401 (11 )( a), MCA defines "public works contract" as " ... a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000 ... ". D. Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Heavy Construction and Nonconstruction Services occupations can be found on the internet at ,vww.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. E. Rates to Use for Projects ARM, 24.17 .127( I)( c ), states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised. " F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states: "(]) Any public works contract that by the terms of the original contract callsfor more than 30 months to.fitlly pe1form must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate o,f wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. 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. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. " 3 G. Fringe Benefits Section 18-2-412, MCA states: "(1) To fit(fill the obligation ... a contractor or subcontractor may: (a) pay the amount of ji-inge benefits and the basic hourly rate of pay that is part of the standard prevailing rate o_fwages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to afi·inge benefit jimd, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination o_fmethods set forth in subsections (1)(a) and (J)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including.fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The.fi·inge benefitfimd, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona.fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor. " Fringe benefits are paid for all hours worked (straight time and ove1iirne hours). However, fringe benefits are not to be considered a paii of the hourly rate of pay for calculating ove1iime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Dispatch City ARM, 24.17 .103(11 ), defines dispatch city as " ... the courthouse in the city from the following list which is closest to the center o_f the job: Billings, Bo:::eman, Butte, Great Falls, Helena, Kalispell, and Missoula." I. Zone Pay Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as '' ... an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM, 24.17 .103(22), states '" Travel pay, · also referred to as 'travel allowance, ' is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job. " See section H above for a list of dispatch cities. K. Per Diem ARM, 24.17.103(18), states "'Per diem' typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer. " L~ .!.A~pprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states " ... The fitll amount o_f any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract. " Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M. Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are " ... pe1forming work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the perfo1111ance of work on public works contracts. 0. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. P. Foreman Rates Rates are no longer set for foremen. However, if a foreman perfonns journey level work, the foreman must be paid at least the journey level rate. 5 WAGE RATES BRICK, BLOCK, AND STONE MASONS Wage $26.01 CARPENTERS Wage $28.00 Benefit $12.86 Benefit $11.86 CEMENT MASONS AND CONCRETE FINISHERS Duties Include: Wage $23.87 Benefit $9.80 Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage $24.02 Benefit $9.90 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. 6 Travel: 0-45 mi. free zone >45-60 mi. $25.00/day >60-90 mi. $55.00/day >90 mi. $65.00/day Zone Pay: 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+ $6.00/hr. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay+ $3.00/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay+ $2.50/hr. >60 mi. base pay+ $4.00/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage $26.05 Benefit $9.90 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage $26.91 Benefit $9.90 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage $27.60 Benefit $9.90 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. 7 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.50/hr. >60 mi. base pay+ $4.00/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay+ $2.50/hr. >60 mi. base pay+ $4.00/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.50/hr. >60 mi. base pay+ $4.00/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage $28.94 Benefit $9.90 This group includes but is not limited to: Cranes, 45 tons up to and incl. 7 4 tons. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage $29.63 Benefit $9.90 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage $31.73 Benefit $9.90 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons-add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.50/hr. >60 mi. base pay+ $4.00/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay+ $2.50/hr. >60 mi. base pay+ $4.00/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay+ $2.50/hr. >60 mi. base pay+ $4.00/hr. CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage $19.15 * Corrected 01/22/2016 Benefit $8.60 8 Zone Pay:* 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. >50 mi. base pay+ $3.00/hr. CONSTRUCTION LABORERS GROUP 2 Wage $21.97 Benefit $8.14 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. CONSTRUCTION LABORERS GROUP 3 Wage $22.46 Benefit $8.05 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. CONSTRUCTION LABORERS GROUP 4 Wage $23.18 Benefit $8.05 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. * Corrected 01/22/2016 9 Zone Pay:* 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay+ $3.00/hr. Zone Pay:* 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. >50 mi. base pay+ $3.00/hr. Zone Pay:* 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. >50 mi. base pay+ $3.00/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. DIVER Stand-By Diving Wage $36.72 $73.44 Depth Pay (Surface Diving) 0-20 ft. free zone >20-100 ft. $2. 00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. DIVER TENDER Wage $35.02 Benefit $14.00 $14.00 Benefit $14.00 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. ELECTRICIANS Wage $31.39 Benefit $12.76 Zone Pay: 0-30 mi. free zone >30-50 mi. base pay+ $4.00/hr. >50 mi. base pay+ $6.00/hr. Zone Pay: 0-30 mi. free zone >30-50 mi. base pay+ $4.00/hr. >50 mi. base pay+ $6.00/hr. Travel: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. in effect when travel occurs and employee uses own vehicle. > 60 mi. $75.00/day. IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Duties Include: Wage $26.50 Benefit $19.98 Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. 10 Travel: 0-45 mi. free zone >45-85 mi. $45.00/day >85 mi. $75.00/day LINE CONSTRUCTION-EQUIPMENT OPERATORS Wage $31.82 Benefit $13.11 LINE CONSTRUCTION -GROUNDMAN Wage $24.85 Benefit $12.38 LINE CONSTRUCTION -LINEMAN Wage $41.45 MILLWRIGHTS PAINTERS PILE BUCKS Duties Include: Wage $31.00 Wage $27.00 Wage $28.00 Benefit $14.20 Benefit $11.86 Benefit $9.30 Benefit $11.86 Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. 11 Zone Pay: 0-25 mi. $40.00/day >25 mi. $60.00/day Zone Pay: 0-25 mi. $40.00/day >25 mi. $60.00/day Zone Pay: 0-25 mi. $40.00/day >25 mi. $60.00/day Zone Pay: 0-30 mi. free zone >30-50 mi. base pay+ $4.00/hr. >50 mi. base pay+ $6.00/hr. Zone Pay: 0-30 mi. free zone >30-50 mi. base pay+ $4.00/hr. >50 mi. base pay+ $6.00/hr. TEAMSTERS GROUP 1 (Pilot Car Drivers) Wage $20.59 Benefit $9.16 TEAMSTERS GROUP 2 (Truck Drivers) Wage $27.69 Benefit $9.16 This group includes but is not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expediter; Water Trucks. 12 Zone Pay: 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. >50 mi. base pay + $4.00/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.50/hr. >60 mi. base pay+ $4.00/hr. APPENDIX A Estimated Quantities, Work Location Maps, Pavement Marking Plans 2016 SEAL COAT -ESTIMATED QUANTITIES STREET S.Y. CRS-2P (gal) (0.40 gal/SY) 4" Yellow Epoxy (gal.) 4" White Epoxy (gal.) White Words/Symbols Epoxy (gal.) 24" Yellow Epoxy (gal.) 24" White Epoxy (gal.) 8" White Epoxy (gal.) Thermoplastic Treatment (SF) (For information only) Fallon Street 10,342 4,140 24.36 24.36 1.3 Durston Road 20,260 8,104 42.54 33.14 6.99 4.02 2.27 4.75 Cottonwood Road 9,334 3,735 20.10 New Holland Drive 6,441 2,580 240 Harmon Way 2,830 1,135 Springbrook Drive 4,868 1,950 Durham Ave 3,725 1,490 John Deere Street 2,407 965 Caterpillar Street 2,896 1,160 Farma!l Street 5,150 2,060 141 Annie Street 5,860 2,345 392 Westridge Drive 11,770 4,710 168 Landoe Ave 1,860 745 Secor Ave 3,900 1,560 Erwin Ave 1,700 680 Healy Ave 1,377 551 Langohr Ave 8,028 3,215 Cutting Street 2,017 810 Marrow Street 2,017 810 Spring Creek Drive 2,017 810 Arnold Street (west of 3rd) 6,350 2,540 284 Henderson Street (west of 3rd) 2,000 800 Staudaher Street 3,182 1,275 Arnold Street (east of 3rd) & Colter 5,307 2,125 Henderson Street {east of 3rd} 1,966 790 Arnold cul-de-sac 950 385 Graf Street 2,286 914 196 Ritter Drive 1,776 715 Teslow Drive 1,776 715 Radii 590 240 Totals 134,982 54,054 87.00 57.50 8.29 4.02 2.27 4.75 1421 2016 Seal Coat Improvements r W BABCOCK S1'.:-:, STUCKY RD BLACKWOOD RD City of Bozeman Engineering Dept Scale: None -~t 'A .. ~} W MAIN ST z W OLIVE ST. -)l w KAGY BLVD Cr:J :,:, . } , ,r--r·· .!!,.-~.·,~ J'. t/'lfJ..,. \I HIL'L ST ' w GJ?.AF ST _1_!i• :/t KURK D~ rm{~li"i,N 1J FY 2016 Seal Coat Improvements Work Locations Map Legend --· Proposed Seal Coat Improvements Parks Parcels Trails Sheet 1of1 N A 2016 Seal Coat Improvements ~-----•--_GLENELL~ DR -z , _,Jc ~-0 ~-r;,,· ~ ~ , ;.;;i· -i::::i-·-;,.. ... r,;;i ,.J X 0 ,.J .GLENWOOD-DR--Legend • Storm Inlets --· Proposed Seal Coat Improvements Parks Parcels iHUUHUUlliilil Trails City of Bozeman Engineering Dept N A Scale: None FY 2016 Seal Coat Improvements Sheet 1of4 -~·- • .:aa1 • II -~ ~ ......... ·Cf.l ~ City of Bozeman Engineering Dept 2016 Seal Coat Improvements OVERBROOK DR . . >-+ , HENDERSON ST-STAUDAHER ST G F ·ST--· FIELDSTON-nR -·-· . i!,--v~ CONCORD DR Scale: None FY 2016 Seal Coat Improvements _ .. :....,-· HENDERSON-ST--· . GRA'. ST Legend • Storm Inlets --· Proposed Seal Coat Improvements Parks Parcels Trails Sheet 2of4 N 2016 Seal Coat Improvements ~ z t"'J W OAK ST j 1 i .. ----: . _. _____ : ! ,f .... ..,. , .. -t••• .!!.. ______ _ II 111111 i:::i ------• II-·-·---------------------------------··------·-------··-----11_ -··----~ City of Bozeman Engineering Dept JOHN DEERE ST 111~--illllllllilillliiliiiiiiimlllllliiiiiilillllllllill-----.~ .· ----. --, - . ' --.. c:!""· ---CATERPILLAR ST --==---.................. -... ~ 0 0 ~ ~ ~ :z s ~ ~ ---· ; ;J,: < . t';··· .. Legend Ill Storm Inlets --· Proposed Seal Coat Improvements Parks Scale: None FY 2016 Seal Coat Improvements -Parcels u.i~llUiUUI Trails Sheet 3of4 N Iii 2016 Seal Coat Improvements i! r i i ---FALLON-ST FIELD ST City of Bozeman Engineering Dept FIELD-ST Scale: None -----------_,.--..,...,...--,.,..--,----,--, --· .. j ~--L--lMONROJLST ' __ _Ji Legend Ill Storm Inlets II Iii • {<a, Proposed Seal Coat Improvements Parks FY 2016 Seal Coat Improvements -Parcels .,, ...... Trails Sheet 4of4 N A