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HomeMy WebLinkAbout17- Contract Documents - Hardrives Construction, Inc. - 2017 Seal Coat Improvements BUZ CITY OF BOZEMAN 2017 SEAL COAT IMPROVEMENTS CONTRACT DOCUMENTS PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT MARCH 2O17 arryege.ew-A-- copy CITY OF BOZEMAN, MONTANA 2017 SEAL COAT IMPROVEMENTS March 2017 TABLE OF CONTENTS CONTRACT DOCUMENTS Bidder's Checklist Invitation to Bid Instruction to Bidders Bid Form 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 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, Instructions 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. j CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2017 Seal Coat Improvements Project Separate sealed bids for construction of City of Bozeman 2017 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, April 11,2017, and then publicly opened and read aloud. 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.April 11,2017. 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 ("chip sealing") 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 MCA 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. No bid may be withdrawn after the scheduled time for the public opening of bids,which is 2:00 p.m. local time, April 11, 2017. 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 21St day of March, 2017. Robin Crough City Clerk, City of Bozeman Published Bozeman, Montana March 26, 2017 April 2, 2017 2 INVITATION 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: 2017 SEAL COAT IMPROVEMENTS, CITY OF BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any 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,60' 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 Bozeman Modifications to Montana Public Works Standard Specifications 6",Edition(COB MODS), 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 of MPWSS 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............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein Agreement Form...........................Bound Herein Payment Bond..............................MPWSSBound Herein Performance Bond........................MPWSSBound 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 and Bridge Construction,Montana Department of Transportation(latest edition) Appendix A—Work Location Maps...... Bound Herein Estimated Quantities...... Bound Herein 2 INSTRUCTIONS TO BIDDERS 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 correlate Bidder's observations with the Contract Documents. Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent 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 performance 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 under 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. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for 3 INSTRUCTIONS TO BIDDERS 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 stipulated time. 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 2017 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., April 11, 2017. 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 i 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. Before submitting a proposal,each Contractor should read the complete Contract Documents(including 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 of its 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 best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or i 6 INSTRUCTIONS TO BIDDERS 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,if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor,they may, before giving the Notice of Award,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 unit 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. AWARD 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. RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be 7 INSTRUCTIONS TO BIDDERS 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%) of the Agreement amount. 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 returned, 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. FAILURE 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. When 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 subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard 8 INSTRUCTIONS TO BIDDERS 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. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible 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. MONTANA 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 BID FORM 2017 SEAL COAT IMPROVEMENTS CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 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 run 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. 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE 2017 SEAL COAT IMPROVEMENTS NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Figures) n r ¢v t - �9 �� o�c (a? �5(,.�{O 101 Cationic Emulsified Gal. ,o 3-) p I Asphalt in place (CRS-2P) 102 Seal Coat Aggregate SY $ 1 - ,2 84,504 $ 3/8" Gradation, in place 103 Traffic control LS $ Z 11 y 10. 7-1 LS $ Z 1 ,y\o. Z j TOTAL BASE BID $ 118, 3 I l . 01 (one 6&)Jv-C4 Se-ve At -7 e-5t A- A-�wo sizJ �.,�ce �V\j V-f J e (evcA Aoho'-s "J n;hc ce441 (TOTAL BASE BID-WRITTEN WORDS) 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 Submitted this day of , 2017. SIGNATURE OF BIDDER: 3 BID FORM Montana Contractor Registration Number If an individual: doing business as If a Partnership: by partner If a Corporation: H fL 7 R e S (n n5k ru c�,do I nC (a) C c2v by (Seal & Ti�e 'lo Attest) Business Address of Bidder: y1�Ob n��,�; �Zd, l�► l� i n S MT 5Cl 1 1 If Bidder is a joint venture, other parry must sign below: Montana License Number and Class If an Individual: doing business as If a Partnership: by Partner 4 BID FORM I If aCorporation: 62 -elk (a). Corporation i by (Seal Title �n -o g�4. Attest) 5 BID FORM NON-DISCRIMINATION AFFIRMATION FORM [name of entity submitting]hereby affirms it will not discriminate on the basis of race,color,religion, creed,sex,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 and that this prohibition shall apply to the hiring and treatment of the [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozo man. Signature of Bid r: (--P-erson authorized to sign on behalf of the bidder NOTICE OF AWARD Dated: TO: Hardrives Construction,Inc. ADDRESS: 4800 Helfrick Road,Billings,MT,59101 PROJECT: City of Bozeman 2017 Seal Coat Improvements CONTRACT FOR: Seal coat improvements. You are notified that your Bid dated April 11,2017,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for seal coat improvements. 1 The Contract Price of your Contract is: one hundred seventy eight thousand three hundred eleven and 09/100 Dollars($178,311.09). 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 I Notice of Award,that is,by II&Y 23, ?v I' . J 1. You must deliver to the OWNER 3 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 5.01)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. "C CITY BOZEMAN,MONTANA ATTESTi-"b '�.$0?�f� BY: BY: (INTERIM CITY ALINAGER) DATE: Zo •�v � ss AGREEMENT FORM THIS AGREEMENT is dated as of the 1160 day of ,VA)t in the year 2017 , by and between CITY OF BOZEMAN, hereinafter called OWNER, and Hardrives Construction, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Seal Coat Improvements. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2017 Seal Coat Improvements. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars ($ 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 one hundred seventy eight thousand three hundred eleven and 09/100 Dollars ($178,311.09 ). 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 when 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. a 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 correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 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) of Insurance. 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 parry. 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 parry 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 parry 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. i J 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. (CONTRACTOR) By (SEAL&) (ATTE T Title .A,yALAQ ` (JOINT VENTURE) By (SEAL&) (ATTEST) Title 1 City of Bozeman (OWNER) � f By (CITY MA AGER) (SEAL&) (ATTEST) I n O rH • � yr/ • APPROVED AS TO FORM: (CITY A EY) TrN 1 I i EJCDC= ENGINEERS J014T CONTRACT DOCUMENTS COMMITTEE PERFORMANCE BOND CONTRACTOR name and address) :): SURETY(name and address of principal place of business): Hardrives Construction,Inc. Westchester Fire Insurance Company I P.O.Box 2535 436 Walnut Street,P.O.Box 1000 Billings,MT 59903 Philadelphia,PA 19106 OWNER(name and address): ' City of Bozeman 121 North Rouse,P.O.Box 1230 Bozeman,NIT 59771 CONSTRUCTION CONTRACT Effective Date of the Agreement: (oll6l r Amount: One Hundred Seventy Eight Thousand Three Hundred Eleven and 09/100($178,311.09) Description(name and location): 2017 Seal Coat Improvements,Bozeman,Montana BOND Bond Number: K09310216 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: One Hundred Seventy Eight Thousand Three Hundred Eleven and 09/100(5178,311.09) Modifications to this Bond Form: F-] None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause Ithis Performance Bond to be duly executed by an authorized officer,agent,or representative. _ CONTRACTOR AS PRINCIPAL SURETY I Hardrives Construction,Inc. (seal) Westchester Fire Insurance Company (seal) Contractors me and Co or to S ai SuretnA C prate Seal IBy: (` By: Signat T Sig ture(attac ower of attorney) IJ a cxn y (e 5 k e John D.Leaf Print Name Print Name y Attorney-In-Fact I Title Title Attest: Attes : J Signature Si re Ar C�0\)�� Brooke A.Garness,Bond Clerical Title Title Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to I Contractor,Surety,Owner,or other party shall be considered plural where applicable. i EJCDC°C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. 1 of 3 HUB INTERNATIONAL MOUNTAIN TES LIMITED RENE C.LEVEAUX +�j� 1. The Contractor and Surety, jointly and severally, bind Owner and a contractor selected with the Owners concurrence, themselves, their heirs, executors, administrators, successors, and to be secured with performance and payment bonds executed assigns to the Owner for the performance of the Construction by a qualified surety equivalent to the bonds issued on the Contract,which is incorporated herein by reference. Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of 2. If the Contractor performs the Construction Contract,the Surety the Contract Price incurred by the Owner as a result of the and the Contractor shall have no obligation under this Bond, except Contractor Default;or when applicable to participate in a conference as provided in Paragraph 3. 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable 3. If there is no Owner Default under the Construction Contract, promptness under the circumstances: the Surety's obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for 3.1 The Owner first provides notice to the Contractor and which it may be liable to the Owner and, as soon as the Surety that the Owner is considering declaring a Contractor practicable after the amount is determined,make payment Default. Such notice shall indicate whether the Owner is to the Owner;or requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner 5.4.2 Deny liability in whole or in part and notify the does not request a conference, the Surety may, within five (5) Owner,citing the reasons for denial. business days after receipt of the Owner's notice,request such a conference. If the Surety timely requests a conference, the 6. If the Surety does not proceed as provided in Paragraph 5 with Owner shall attend. Unless the Owner agrees otherwise, any reasonable promptness,the Surety shall be deemed to be in default conference requested under this Paragraph 3.1 shall be held on this Bond seven days after receipt of an additional written notice within ten (10) business days of the Surety's receipt of the from the Owner to the Surety demanding that the Surety perform its Owner's notice. If the Owner, the Contractor, and the Surety obligations under this Bond, and the Owner shall be entitled to agree, the Contractor shall be allowed a reasonable time to enforce any remedy available to the Owner. If the Surety proceeds as perform the Construction Contract,but such an agreement shall provided in Paragraph 5.4,and the Owner refuses the payment or the not waive the Owner's right, if any, subsequently to declare a Surety has denied liability,in whole or in part,without further notice Contractor Default; the Owner shall be entitled to enforce any remedy available to the Owner. 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;and 7. If the Surety elects to act under Paragraph 5.1, 5.2,or 5.3,then the responsibilities of the Surety to the Owner shall not be greater 3.3 The Owner has agreed to pay the Balance of the than those of the Contractor under the Construction Contract, and Contract Price in accordance with the terms of the Construction the responsibilities of the Owner to the Surety shall not be greater Contract to the Surety or to a contractor selected to perform the than those of the Owner under the Construction Contract. Subject to Construction Contract. the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication for: 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply 7.1 the responsibilities of the Contractor for correction of with a condition precedent to the Surety's obligations,or release the defective work and completion of the Construction Contract; Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the 5. When the Owner has satisfied the conditions of Paragraph 3,the actions or failure to act of the Surety under Paragraph 5;and Surety shall promptly and at the Surety's expense take one of the following actions: 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual damages caused by 5.1 Arrange for the Contractor, with the consent of the delayed performance or non-performance of the Contractor. Owner,to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the 5.2 Undertake to perform and complete the Construction Surety's liability is limited to the amount of this Bond. Contract itself,through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for 5.3 Obtain bids or negotiated proposals from qualified obligations of the Contractor that are unrelated to the Construction contractors acceptable to the Owner for a contract for Contract,and the Balance of the Contract Price shall not be reduced performance and completion of the Construction Contract, or set off on account of any such unrelated obligations. No right of arrange for a contract to be prepared for execution by the action shall accrue on this Bond to any person or entity other than EJCDC®C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 2 of 3 the Owner or its heirs, executors, administrators, successors, and allowance for the Contractor for any amounts received or to be assigns. received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all 10. The Surety hereby waives notice of any change, including valid and proper payments made to or on behalf of the changes of time, to the Construction Contract or to related Contractor under the Construction Contract. subcontracts,purchase orders,and other obligations. 14.2 Construction Contract: The agreement between the 11. Any proceeding, legal or equitable, under this Bond may be Owner and Contractor identified on the cover page,including all instituted in any court of competent jurisdiction in the location in Contract Documents and changes made to the agreement and which the work or part of the work is located and shall be instituted the Contract Documents. within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years 14.3 Contractor Default: Failure of the Contractor, which after the Surety refuses or fails to perform its obligations under this has not been remedied or waived, to perform or otherwise to Bond,whichever occurs first. If the provisions of this paragraph are comply with a material term of the Construction Contract. void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be 14.4 Owner Default: failure of the Owner, which has not applicable. been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or 12. Notice to the Surety, the Owner, or the Contractor shall be comply with the other material terms of the Construction mailed or delivered to the address shown on the page on which their Contract. signature appears. 14.5 Contract Documents:All the documents that comprise 13. When this Bond has been furnished to comply with a statutory the agreement between the Owner and Contractor. or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said 15. If this Bond is issued for an agreement between a contractor and statutory or legal requirement shall be deemed deleted herefrom and subcontractor,the term Contractor in this Bond shall be deemed to provisions conforming to such statutory or other legal requirement be Subcontractor and the term Owner shall be deemed to be shall be deemed incorporated herein. When so furnished,the intent Contractor. is that this Bond shall be construed as a statutory bond and not as a common law bond. 16. Modifications to this Bond areas follows: 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including EJCDC®C-610,Performance Bond Copyright®2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 3 of 3 4 EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Hardrives Construction,Inc. Westchester Fire Insurance Company P.O.Box 2535 436 Walnut Street,PO Box 1000 Billings,NIT 59103 Philadelphia,PA 19106 OWNER(name and address):City of Bozeman 121 North Rouse,P.O.Box 1230 Bozeman,NIT 59771 CONSTRUCTION CONTRACT Effective Date of the Agreement: 6,11417 Amount: One Hundred Seventy Eight Thousand Three Hundred Eleven and 09/100($178,311.09) Description(name and location):2017 Seal Coat Improvements,Bozeman,Montana BOND Bond Number: K09310216 I Date(not earlier than the Effective Dote of the Agreement of the Construction Contract): Amount: One Hundred Seventy Eight Thousand Three Hundred Eleven and 09/100($178,311.09) Modifications to this Bond Form: ® None ❑ See Paragraph 18 I _ Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause Ithis Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY : I Hardrives Construction,Inc. (seal) Westchester Fire Insurance Company (seal) I Contractor's Na e a d Corporat eal Surety's and C ra al l By: By: 04 I Signature Sign ure(attach power of attorney) � r Ccs John D.Leaf IPrint Name Print Name VP Attorney-In-Fact Title Title l nn Attest: Attest: Signature re l AcGo Alvi Brooke A.Garness,Bond Clerical Title Title Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. E1CDC®C-615,Payment Bond Copyright©2013 National society of Professional Engineers,American Council of Engineering G ERSIGNED: and American Society of Civil Engineers. All rights reserved. 1 of 3 HI In INTERNATIONAL MOUNTAIN ! TES LIMITED V RENE C.LEVEAUX Z' 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor,that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference,subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant,with a copy to the harmless the Owner from claims,demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim,stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract,then the Surety disputed;and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials,or equipment Surety and Claimant have reached agreement, If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2,the Surety liens,or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant, defend,indemnify,and hold harmless the Owner against a duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3,and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond,subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner,Claimants,or Claim;and others for obligations of the Contractor that are unrelated to the Construction Contract, The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond,and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety(at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders,and other obligations. EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials,or equipment for use in the performance by anyone under the Construction Contract,whichever of of the Construction Contract. The term Claimant (1) or(2)first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16. Definitions with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor was done, or materials or equipment 17. If this Bond is issued for an agreement between a furnished; contractor and subcontractor,the term Contractor in this 3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor, equipment was furnished for use in the performance of the Construction Contract; 18.Modifications to this Bond are as follows: 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor,materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 Power of WESTCRESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents:That WESTCIESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into the ordinary course of business(each a"Written Commitment'): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attomey-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attomey-in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification crone or more particular Written Commitments. (4) Each of the Chairman,the President and Vice Presidents of the Company in hereby authorized,for and on behalf of the Company,to delegate in writing any other onicer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification crone or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. Does hereby nominate,constitute and appoint Billy J Bolt,Brady Leaf,Brooke A Gayness,Chris Jermunson,Jamie M Roe,John D Leaf,Kaye U Muzzana,Kimberly Hodson,Kristin A Piccioni,Marsha R Hattel,Michael E Depner,Michelle L Schermerhorn,all of the City of GREAT FALLS,Montana,each individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings, recognizanees,contracts and oilier writings in the nature thereof in penalties not exceeding Two trillion Five hundred thousand dollars&zero cents($2,500,000.00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 26 day of January 2017. WESTCHESTER FIRE INSURANCE COMPANY .••tltlTr Stephen M lianey,Vice W"idcot COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 26 day of January,AD.2017 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. t � �., c�:1,y,;•• G6MMONWtJ►Ltt1(t*rtLNNtYLW1NIA NOTA NDT.NoIL KAAEN 11 Iwo NDT,1kWy�pPly+�byt t ���'� :•:2•_` Clgtof b,PItMa NS 20!! .� ,• `ti by •r C:�'•RtA:•�ti:r VUra,7 Hahllc I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy,is in full force and effect. In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this day of ..r �• Willam 1.Keli),Assh tuM ectetary i i i THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER January 26,2019. 1, I i rat SENSITI VE Syk l aes DocuGard:404546 contains a security pantograph,blue background,heat-sensitive ink,coin-reactive tvatermark,and microtext printing on border. ''rh HEAT UP4O STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (See Montana Public Works Standard Specifications Oh 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. All provisions that are not so amended or supplemented remain in frill fnr-e and e ffert, 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 shall 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 confirm 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 t_he horse power, capacity or weight, and accessories. Section 00810—6h Edition Supplementary Conditions to the 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 Varagraph 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 EnainPPr and Own Pr as nrovidPd below_ Acceptance of these schedules and documents --a-- r + 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 he necessary information to reference the equipment form and substance if it provides t and establish the hourly rates in accordance with paragraph 11.01.A.5.c. SC -4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.0 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 shall 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 4.02.13 and replace with Special Provisions. Section 00810-o 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 writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. Nn rla;m fnr an arl;nctmant in tha nnntrart nricP or contrast time (�r 1ViilPst0nPs) will be �. .._. ------ --- --r---- -- 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 -4.00`-HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A.Reports and Drawings: The Special Provisions identify those reports.......... SC-5.02 LICENSED SURETIES AND INSURERS 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 "A.M.Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner 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—6rh 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 IIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 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. State Statutory b. Applicable Federal (e.g.Longshoremans) Statutory C. Employer's Liability $500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000-00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 C. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810—6`h Edition Supplementary Conditions to the General Conditions Page 4 of 12 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. Bodily Injury: Each Person $ 500,000.00 F.ar}h Arride.nt $ 1.000.000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 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 follows: 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 $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810—6f'Edition Supplementary Conditions to the General Conditions Page 5 of 12 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 - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following 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: i. 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 Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810—6 h 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 SC5.06 shall comply with the requirements of Paragraph 5.06.0 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 shall 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 permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed 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—6` Edition Supplementary Conditions to the General Conditions Page 7 of 12 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13Y 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 •+11 the Work. art L+ F+1 n....or r a En 5-. aI1LL programs 111 l:Ui111elaiUrl 4Y1LL1 UtG YY Vth. 111G iigttt vt [ttt, vw1Al.1 tutu i,u�tueer to observe or otherwise review the Work and operations shall 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 shall 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. All 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. 1. 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 shall 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 will 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—6 h Edition Supplementary Conditions to the General Conditions Page 8 of 12 I 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: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it 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 THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.0l.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 portion 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 Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Constriction 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 hoL y 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 00810-0i Edition Supplementary Conditions to the General Conditions Page 9of12 equipment rental rates will be negotiated prior to the work being performed. SC-11.03 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: l .L r;r<. f i.- -f TT 't P,- o )AT-A-perfo� A bx Cnnfrar-tor differs ley 1. Ltic qll all LILY Vl [L pal LIl Lti Gil 1-111 0l Vl,AL ,,.,., V,,. 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 PAY1v1ENTS 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 shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will 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 drawing 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—6d Edition Supplementary Conditions to the General Conditions Page 10 of 12 SC—14.02.0 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 following 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 work at any time, but such taking possession or use will 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—6 h Edition Supplementary Conditions to the General Conditions Page 11 of 12 accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06_A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all constriction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810—6`h Edition Supplementary Conditions to the General Conditions Page 12 of 12 MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2017 Effective: January 7, 2017 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 ERD at www.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. 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 tL. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ..................................................................................................................................... 5 R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS 6 CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ............................................................................................................................. 6 OPERATORSGROUP 2 ....................................................................................................................... 7 OPERATORSGROUP 3 ............................................................................................................................. 7 OPERATORSGROUP 4 ............................................................................................................................ 8 OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORS GROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 8 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 9 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERSGROUP 3 ............................................................................................................................ 9 LABORERSGROUP 4 ............................................................................................................................ 10 DIVERS .................................................................................................................................................... 10 DIVERTENDERS ........................................................................................................................................ 10 ELECTRICIANS .......................................................................................................................................... 11 IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 11 LINE CONSTRUCTION EQUIPMENT OPERATOR 11 GROUNDMAN ......................................................................................................................................... 11 LINEMAN ................................................................................................................................................. 11 MILLWRIGHTS PAINTERS ................................................................................................................................................ 12 PILEBUCKS ............................................................................................................................................... 12 TEAMSTERS GROUP 1(Pilot Car Drivers) .......................................................................................................... 12 TEAMSTERS GROUP 2 (Truck Drivers) .............................................................................................................. 13 2 A. Date of Publication January 7,2017 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 conjunction 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(Highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges(overpasses, underpasses, grade separation), medians,parking lots,parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, streetpaving, surface courses, taxiways, and trails." C. Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines "public works contract" as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconsh uction 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 www.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(1)(c),states "The ivage 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: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform 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 of ivages 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 ivorkers 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 fitfll the obligation...a contractor or subcontractor may: (a)pay the amount offr•inge benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefitfund,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 of methods set forth in subsections (f)(a)and(1)(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'ivork being performed. (2) The fringe benefit fund,plan, or program described in subsection(1)(b)must provide benefits to workers of 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 overtime hours). However,fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, 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 of the job: Billings, Bozeman, 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 tender 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 closet-, to the center oj'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. Apprentices 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 full amount of 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 "...performing 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 continuingfor 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 performance of work on public works contracts. O. Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/curi'ent/oes stru.htm Q. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R. Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work,the foreman must be paid at least the journey level rate. 5 WAGE RATES BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $26.58 $13.77 0-45 mi. free zone >45-60 mi. $25.00/day >60-90 mi. $55.00/day >90 mi. $65.00/day T Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $23.87 $10.51 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. Duties Include: >50 mi. base pay+$3.00/hr. Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. i Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $24.02 $9.90 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. 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. t Back to Table of Contents 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $26.05 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Air Doctor; Back hoe\Excavator\S hovel, 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; Pumperete\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 T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $26.91 $9.90 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay+ $3.00/hr. 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. T Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $27.60 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper, T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $28.94 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Cranes, 45 tons up to and incl. 74 tons. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $29.63 $9.90 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to:Cranes, 75 >50 mi. base pay+ $3.00/hr. tons up to and incl. 149 tons; Cranes, Whirley(All). t Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $31.73 $9.90 0-25 mi. free zone >25-50 mi, base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. 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. T Back to Table of Contents 8 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $19.30 $9.00 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. >50 mi. base pay+$3.00/hr. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $23.60 $8.05 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. 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. ? Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $22.19 $8.05 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. 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. t Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $23.18 $8.05 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Hod Carrier';Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; 'Hod Carriers will receive the same amount of travel High-Scaler; Power Saws (Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock & Core Drill; Track or Truck Mounted travel. Wagon Drill and Welder incl. Air Arc. t Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $38.16 $14.52 0-30 mi. free zone Diving $76.32 $14.52 >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. 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. 1 Back to Table of Contents DIVER TENDERS Wage Benefit Zone Pay: $37.16 $14.52 0-30 mi. free zone >30-60 mi, base pay+ $4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+$6.00/hr, rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. i Back to Table of Contents 10 ELECTRICIANS Wage Benefit Travel: $32.74 $13.45 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day T Back to Table of Contents IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $23.16 0-45 mi. free zone >45-85 mi. $55.00/day Duties Include: >85 mi. $85.00/day 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. T Back to Table of Contents LINE CONSTRUCTION — EQUIPMENT OPERATORS Wage Benefit Zone Pay: $33.27 $14.17 No Free Zone $60.00/day t Back to Table of Contents LINE CONSTRUCTION — GROUNDMAN Wage Benefit Zone Pay: $25.98 $13.31 No Free Zone $60.00/day T Back to Table of Contents LINE CONSTRUCTION — LINEMAN Wage Benefit Zone Pay: $43.43 $15.30 No Free Zone $60.00/day T Back to Table of Contents 11 MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. t Back to Table of Contents PAINTERS Wage Benefit $27.00 $9.30 T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi,free zone >30-60 mi. base pay+ $4.00/hr. Duties Include: >60 mi. base pay+$6.00/hr. 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. T Back to Table of Contents TEAMSTERS GROUP 1 (Pilot Car Drivers) Wage Benefit Zone Pay: $20.39 $9.16 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. >50 mi. base pay+ $3.00/hr. T Back to Table of Contents 12 TEAMSTERS GROUP 2 (Truck Drivers) Wage Benefit Zone Pay: $26.09 $9.16 0-30 mi. free zone >30-60 mi. base pay+$2.50/hr. This group includes but is not limited to: >60 mi. base pay+$3.00/hr. 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 Expeditor;Water Trucks. T Back to Table of Contents 13 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 Modifications to MPWSS, dated March 31, 2011, which is hereby included as part of these 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 incurred 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 ("chip sealing") various streets as shown on the maps in Appendix A. 3. AWARD 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 concurrently,unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. Due to funding considerations, work may not begin earlier than July 1, 2017. 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 funds 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 forth in the Contract Documents. 14. UNDERGROUND UTILITIES 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 fiilly 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, RIGHTS-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, parking requirements and restrictions, and any other conditions, a minimum of twenty-four(24)hours prior to beginning work within the affected area. All signing, barricades, 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. Barricades 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. 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. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. 5 SPECIAL PROVISIONS 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 impoundments. The Contractor shall meet the requirements of the applicable regulations of the 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. The Contractor shall be responsible for reasonable restoration at no cost to the City. 6 SPECIAL PROVISIONS 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel ofthe 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 Avenue 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 malting 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 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 7 SPECIAL PROVISIONS 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 will sweep 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 MODIFIED CRS- 2 EMULSIFIED ASPHALT PROPERTY Viscosity at 122 OF 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 Demulsibility, AASHTO T-59 40 min. 40 min. percent Storage Stability AASHTO T-59 1 max. 1 max. Test, 1 day, percent Particle Charge AASHTO T-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 OF (25 °C), dmm Ductility at 77 OF AASHTO T-51 40 min. 75 min. (25 °C), 5 cm per minute, cm Elastic Recovery, percent AASHTO T-301 58 min. Torsional Recovery, MT-333 18 min. percent 8 SPECIAL PROVISIONS 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. The following measurement and payment sections do not necessarily name every incidental item 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,corrected to gallons at 60 degrees F. The unit price and payment shall constitute full compensation for all demurrage, 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: 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 of No Parking signs,and removal of any vehicles or other obstructions from the work zone if necessary. APPENDIX A Estimated Quantities, Work Location Maps 2017 SEAL COAT- ESTIMATED QUANTIITES STREET S.Y. CRS-2P (gal) (0.4 gal/SY) O'Connell 4120 1650 Baxter Drive 3740 1500 Baxter Court 872 350 Kenyon 4466 1790 Berthot 1570 630 Chambers 3387 1355 Lomas/Knabb/O'Connell 9578 3835 Corner radii 250 100 Ellis (east of Highland) 6900 2760 Ellis (west of Highland Blvd) 2900 1160 Old Highland Blvd 4600 1845 Corner radii 85 35 Fieldstone Dr. 13522 5410 Park PI./Oxford Dr 7805 3125 Oxford Dr. -Wagonwheel to Park PI 1355 545 Concord St. 4040 1615 Lexington St. 4015 1605 Princeton PI 1625 650 Cornell Dr 3021 1210 Stanford Dr 3200 1280 Dartmouth Dr 593 240 Cambridge Dr 2660 1065 Corner radii 200 80 Totals 84504 33835 2017 Chip Seals - - - E STORY ST tl' DICKERSON ST � �?ril .,Tlni �I �I ff{��--•' i 1y ALDERSON-ST r� FELLIST. VI COLLEGE ST __ I :t Fi a ....• t — • a �el_ro:�D-R- 7 a•i - r - - _ I • r Z E GA-RFIELD ST i � Ej NV HAYES ST- � � +�- I ;• SPL;\POI' ,.'• 5 I�mo�tf--- ;' -- ..•' s �': R' GRANT ST U � _ •? yi�.�l j _ = > - � i�OSEPIIINE CDR ,t" -- -••• ��_ ram.,'• c E MASON ST I HOLLY DR % N PINECREST DR ��♦i♦ OIL 'S PINE.CRE R' K&9GY BLVD r� rly G .. i t O IS SPRDC \ ^ �T' \ � �. > .. !iq D R ` GI_BLbD--- .o• CUTTING ST '- - L �; C J ., .I� MORROW ST ••• - ,SPRING CREEK DR a- -> ARNOLD ST w -r� — I Ci NE\DERSO\ ST I AF- tl \L DR FIELDSTO r l yD,DR1, l P-". NOSTALGIA LN c C p LKI.NGT V DR II N-�tiH CREEK RD a I— c PARK PL Z C CANVAS CT ♦1 z .ERIN I _., Legend �. :: .,.�„ f ' YARK DR ® Proposed Chip Seals Parks N �* \l\;1G POST RD Parcels PE ILE PIPE ➢R r, City of Bozeman Scale: FY 2017 Chip Seal Sheet Engineering Dept None Work Locations Map 1 of 3 1 2017 Chip Seals FRONTAGE kp �• I - - -- - ........... i .' .• LI1 1-LE C0vrAGE LN f I •• lSpgN j O! '.. °o s _ KNOLLS DR �•' i •� � ,5�•to ` .. •.. ........• _._ •I..f.,, JOS6PHINE.rDR � d`- --- --------------........... _- ....t�. - .o` �:'•,i ��: HOLLY DR N PINECREST DR ni g' ���;•. °; S PINECREST P'`' •' `Y, y N'CEDARVIEW DI? ••1• dlCOh" •r• t \ S CEDARVIEW'�l •�7 Tl N SPRUCE DR •f°°d s f S SPRUCE � LOMAS CHERRY DR i �• a tE . • - E M XJBLVD Legend ........... - - ....,f.... ® Proposed Chip Seals Parks N Parcels City of Bozeman Scale: FY 2017 Chip Seal Sheet Engineering Dept None Work Locations Map 2 of 3 2017 Chip Seals o x - ' - L -- ^o.,�....,.... W GRAF ISTI- —- - ----- - - - —FIELD TOA•E R BROOKDALE DR -_— - -- __ - 'i i HERITAGE DR G X LEXINGTON DR z Y � -Aa =— ---- ---T—� SILVERNVOOD DR _ PARK Pl. �- - '-- - i CAMBRIDGE DR �—"- I —_T - •41.••••• i OAF RD D R � -- .�-- ',T C 2 Cr -CORNELL DAR OUT ➢R I " PRINvrTQN P C] o Legend d o ® Proposed Chip Seals I � — __; z - Parks N Parcels City of Bozeman Scale: FY 2017 Chip Seal Sheet Engineering Dept None Work Locations Map 3 of 3 HARDCON-03 AJOHNSTON1 '4 R� CERTIFICATE OF LIABILITY INSURANCE DATE A E(MMI OrC ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0979004 CONTACT Chris Jermunson NAME: HUB International Mountain States Limited PHONN,EXq:(406)652-9151 FAX,No>:(406)652-7838 3533 Gabel Road Billings,MT 69102 ADDRESS:Adrienne.Johnston@hubinternational.com INSURERS AFFORDING COVERAGE NAIC# _ INSURER A:The Travelers Indemnity Company of America 25666 INSURED INSURER B:The Phoenix Insurance Company 25623 Hardrives Construction,Inc. INSURER C:Travelers Property Casualty Company of America 26674 PO Box 2536 INSURER D:Charter Oak Fire Insurance Company 25615 Billings,MT 59103 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS L NSD WVD MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR CO2999P168TIA17 01/01/2017 01/01/2018 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 _X] POLICY❑JECOT- LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CEOMBBIINEDtSINGLE LIMIT $ 1,000,000 X ANY AUTO DT8102999P168PHX17 01/01/2017 01/01/2018 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED P OPCF.lDAMAGE $ AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE CUP91­16801231726 01/01/2017 01/01/2018 AGGREGATE $ 4,000,000 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION PER E OTH- AND EMPLOYERS'LIABILITY A UTY I N ANY OFFICER/MEMBER EXCLUDED?ECUTIVE ❑ N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Leased/Rented Equip QT6603003P89000F17 01/01/2017 01/01/2018 deductible$1,000 350,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if mores ace is required) The certificate holder is an additional insured on a Primary&Non-Contributory basis with regards to General Liability if required by written contract per form CGD31611/11 and CGD246 08/05. Per Project Aggregate applies in favor of the certificate holder if required by written contract per form CGD211 01/04. Waiver of Subrogation applies in favor of the certificate holder with regards to General Liability if required by written contract per form CGD211 01/04. The certificate holder is an additional insured with regards to Auto Liability if required by written contract per form CAT353 02/15. Waiver of Subrogation applies in favor of the certificate holder with regards to Auto Liability if required by written contract per form CAT353 02/15. Waiver of Subrogation applies in favor of the certificate holder with regards to Umbrella Liability if required by written contract per form UM0488 07108. RE:2017 Seal Coat Improvements City of Bozeman CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HARDCON-03 AJOHNSTON1 CERTIFICATE OF LIABILITY INSURANCE DATE(MMI 01Y7) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0979004 CONTACT Chris Jermunson NAME: HUB International Mountain States Limited PH/C,NN,EXt):(406)652-9151 (a/c, 3533 Gabel Road No):(406)652-7838 Billings,MT 59102 E-MAIL Adrienne.Johnston@hubinternational.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Montana State Fund INSURED INSURER B: Hardrives Construction,Inc. INSURER C: PO Box 2535 INSURER D: Billings,MT 69103 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ '.. POLICY❑JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a.de t $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ AUTOS ONLY AUUTOS ONL� PROPERTY acE.ciidentDAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ A WORKERS COMPENSATION X PER E OTH- AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 034330092 07/01/2016 07/01/2017 E.L.EACH ACCIDENT $ 1,000,000 oFFICER/MEMBER EXCLUDED' N/A 'Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE:2017 Seal Coat Improvements City of Bozeman CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments 1. Blanket Additional Insured — States Or Political Subdivisions—Permits D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured — Newly Acquired Or Formed Organizations K. Unintentional Omission F. Who Is An Insured — Broadened Named Insured L. Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not applyto "premises damage". Exclusion f.(1)(a) Auto Or Watercraft, in Paragraph 2.of SECTION 1 — COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning; or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I —Coverage A 1. The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion —All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. CG D3 16 11 11 0 2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or any combination of any of these causes. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of"insured contract" in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a person. person or organization for "premises damage"is not an"insured contract"; 2. The following is added to Paragraph 2.a.(1)of SECTION II—WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: "bodily injury" arising out of providing or fail- "Premises damage" means "property dam- ing to provide: age"to: (i) Incidental medical services by any of a. Any premises while rented to you or tem- your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such (II) First aid or"Good Samaritan services" by premises for a period of seven or fewer any of your "employees" or "volunteer consecutive days. replaces Paragraph 4.b. 1 b workers", other than an employed or vol- 6. The following p g p ( )( ) unteer doctor. Any such "employees" or of SECTION IV— COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for"premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 Of 6 0 2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that Or- son will be deemed to be one"occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I —COV- only: ERAGES —COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cals committed by, or with the knowledge or (2) Until the end of the policy period, when consent of, the insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services"means: within 180 days after you acquire or form a. Medical, surgical, dental, laboratory, x-ray it, and we agree in writing that it will con- or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization; and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED — BROADENED NAMED cess Insurance, of SECTION IV — COM- INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II —WHO IS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declara- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or "Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or "property damage" that occurred, or "personal Paragraph 2.a.(1) of Section 11 — Who Is An injury" or "advertising injury" caused by an of- Insured. fense committed after the date, if any, during the E. WHO IS AN INSURED — NEWLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub- The following replaces Paragraph 4. of SECTION sidiary. 11—WHO IS AN INSURED: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED —OWNERS, H. BLANKET ADDITIONAL INSURED— LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II —WHO IS The following is added to SECTION II —WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability sect to liability for"bodily injury", "property dam- for "bodily injury", "property damage", "personal p y " g " . . age", "personal injury"or"advertising injury"that: injury"or"advertising Injury that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of that con- tract or agreement; and tract or agreement; and b. Is caused, in whole or in part, by your acts or b. Arises out of the ownership, maintenance or omissions in the maintenance, operation or use of that part of any premises leased to use of equipment leased to you by such you. equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations,whichever are less. the limits shown on the Declarations, which- ever are less. b. The insurance provided to such equipment lessor does not apply to any"bodily injury" or b. The insurance provided to such premises "property damage" that occurs, or "personal owner, manager or lessor does not apply to: injury" or"advertising injury" caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or"personal injury"or"adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- surance must be primary to, or non- The following is added to SECTION II —WHO IS contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 C 2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect to liability for (III)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or"advertising injury" arising out of such op- that is your partner, joint venture erations. member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or"advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such"occurrence" or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the"occurrence" or offense may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. However, if this Coverage Part includes an en- of Section II—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of"pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (1) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 0 2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of. of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of"insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- leted. The following replaces the definition of "bodily injury" in the DEFINITIONS Section: Page 6 Of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to "bodily injury", "prop- the additional insured by this endorsement still is excess over any valid and collectible other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. How, when and where the 'occurrence" any provider of'other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by III. The nature and location of any injury or this endorsement is primary to 'other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit' is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. I. Immediately record the specifics of the —DEFINITIONS: claim or"suit' and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit' as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the bodily injury and property damage oc- c) The additional insured must immediately curs and the"personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit', cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit', and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit' to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): A. For all sums which the insured becomes legally 3. Any payments made under COVERAGE A. obligated to pay as damages caused by 'occur- for damages or under COVERAGE C. for rences" under COVERAGE A. (SECTION 1), and medical expenses shall reduce the Desig- for all medical expenses caused by accidents un- nated Project General Aggregate Limit for der COVERAGE C (SECTION 1), which can be that designated "project". Such payments attributed only to operations at a single desig- shall not reduce the General Aggregate Limit nated"project" shown in the Schedule above: shown in the Declarations nor shall they re- 1. A separate Designated Project General Ag- duce any other Designated Project General gregate Limit applies to each designated"pro- Aggregate Limit for any other designated ject", and that limit is equal to the amount of "project"shown in the Schedule above. the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations, unless separate Designated Occurrence, Damage To Premises Rented Project General Aggregate(s) are sched- To You and Medical Expense continue to uled above. apply. However, instead of being subject to 2. The Designated Project General Aggregate the General Aggregate Limit shown in the Limit is the most we will pay for the sum of all Declarations, such limits will be subject to the damages under COVERAGE A., except applicable Designated Project General Ag- damages because of "bodily injury" or"prop- gregate Limit. erty damage" included in the "products- B. For all sums which the insured becomes legally completed operations hazard", and for medi- obligated to pay as damages caused by "occur- cal expenses under COVERAGE C, regard- rences" under COVERAGE A. (SECTION 1), and less of the number of: for all medical expenses caused by accidents un- a. Insureds; der COVERAGE C. (SECTION 1), which cannot be attributed only to operations at a single desig- b. Claims made or suits brought; or nated"project"shown in the Schedule above: c. Persons or organizations making claims or bringing"suits". CG D2 11 01 04 Copyright,The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. vided, any payments for damages because of for damages or under COVERAGE C. for "bodily injury" or "property damage" included in medical expenses shall reduce the amount the "products-completed operations hazard" will available under the General Aggregate Limit reduce the Products-Completed Operations Ag- or the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gregate Limit, whichever is applicable; and gate Limit nor the Designated Project General 2. Such payments shall not reduce any Desig- Aggregate Limit. nated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- C. Part 2. of SECTION III—LIMITS OF INSURANCE tions Section is amended by the addition of the is deleted and replaced by the following: following definition: 2. The General Aggregate Limit is the most we "Project" means an area away from premises will pay for the sum of: owned by or rented to you at which you are per- a. Damages under Coverage B; and forming operations pursuant to a contract or agreement. For the purposes of determining the b. Damages from "occurrences" under applicable aggregate limit of insurance, each COVERAGE A (SECTION 1) and for all "project" that includes premises involving the medical expenses caused by accidents same or connecting lots, or premises whose con- under COVERAGE C (SECTION 1) which nection is interrupted only by a street, roadway, cannot be attributed only to operations at waterway or right-of-way of a railroad shall be a single designated"project" shown in the considered a single"project". SCHEDULE above. F. The provisions of SECTION III — LIMITS OF D. When coverage for liability arising out of the INSURANCE not otherwise modified by this en- "products-completed operations hazard" is pro- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and eyed "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II—COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved Insured will make any settlement ing a covered "auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (tit) in may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II— COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION 11— COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto'. local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto' you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto' is a covered "auto' for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one 'loss". No deductible for a covered "auto' will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or 'loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph AA.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee" authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto' of the private passenger type, of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for 'loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident" or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY(UMBRELLA) INSURANCE The following is added to Paragraph I I., OUR RIGHT a. "Bodily injury"or"property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence"that takes place; or CONDITIONS.: b. "Personal injury" or"advertising injury" caused by If the insured has agreed in a contract or agreement an"offense"that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but only for payments we make because of: UM 04 88 07 08 ©2008 The Travelers Companies,Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc.with its permission.