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HomeMy WebLinkAbout18- Project Manual - Omdahl Excavation & Utilities, Inc. - Bozeman Stormwater Improvements 2018 PROJECT MANUAL For BOZEMAN STORMWATER IMPROVEMENTS 2018 Prepared for: ar�N co. 0 CITY OF BOZEMAN PUBLIC WORKS DEPARTMENT BOZEMAN, MT 59771 �U N T A N� ®o ,.ACHARY• a ; sz N . 12iu ✓'. .�' •�'F_N S tiff III I 1110\0 i - 12 - IS Prepared by: BOWL 2090 Stadium Drive Bozeman, MT 59715 SIFT $ January, 2018 2 PRE-BID MEETING AGENDA Project Name: Bozeman Stormwater Improvement 2018 Date: January 16, 2018 Time: 10:00 am Location: City of Bozeman Professional Building 1.0 INTRODUCTIONS(Mehrens) 2.0 SIGN-IN SHEET(Mehrens) 3.0 PROJECT DESCRIPTION&SCOPE OF WORK(Lowe) 4.0 QUESTIONS DURING BID(Mehrens) 5.0 BID ADDENDUM(Mehrens) Addendum 1 ■ Clarifies Bid Item 104 36-Inch Inlet ■ Updates connection between existing pipe and Storm Drain Manhole 1 ■ Updates connection between Storm Drain Manhole I and Hydrodynamic Separator Treatment Unit B ■ Updates Curb and Gutter/Sidewalk Detail 6.0 BID OPENING(Mehrens) Tuesday,January 30,2018 at 2:00 pm 7.0 COMPLETION TIME&PROJECT SCHEDULE(Mehrens) 90 days, $500 per day penalty 8.0 OBTAINING PLANS AND SPECIFICATIONS(Mehrens) City of Bozeman Engineering Division—20 E Olive St.Bozeman,MT 59771 ($60.00) 9.0 REQUIRED BID SUBMITTALS(Mehrens) Completed Bid Form Bid Bond Non-Discrimination Form Items on Bidder's Checklist 10.0 WORK OR SERVICES BY OTHERS(Mehrens) Project Management Construction Inspection Compaction and Material Testing Construction Staking 11.0 SPECIAL CONSIDERATIONS(Lowe) Construction Location Technical Specifications 12.0 CLEAN UP,PREMISES PROTECTION,&ENVIRONMENTAL CONSIDERATIONS(Mehrens) Coordinate with Water/Sewer/Storm Department for Pipe Inspection(48-hour notice) Pre-Bid Meeting Agenda: Bozeman Stormwater Improvements 2018 January 2018 Erosion and Sediment Control Permit(ITnder One Acre.) 13.0 INSURANCE(Mehrens) Section SC-5.04 of the Supplementary Conditions of the General Conditions 14.0 BONDING(Mehrens) - Performance Bond Payment Bond 15.0 PREVAILING WAGES(Mehrens) This is a prevailing wage project with Contractor/Subcontractor compliance and reporting requirements per the State of Montana's Prevailing Wage Rates for Heavy Construction Services 2017. 16.0 MONTANA CONTRACTOR GROSS RECEIPTS'TAX(Mehrens) City shall withhold 1%of all payments due to the Contractor and shall submit to the State of Montana. 17.0 QUESTIONS Meeting Notes Pre-Bid Meeting Agenda: Bozeman Stormwater Improvements 2018 January 2018 i,A/t(Jn 1J y ADDENDUM NQ. 1 e No 29 . PROJECT: Bozeman Stormwater Improvements 2018 p rrtnrf�ii�u��� 'OWNER: City of Bozeman ENGINEER: DOWL 2090 Stadium Drive Bozeman, MT 59715 DATE: January 22,2018 TO: All Planholders -fie following corrections, clarifications,and/or alterations to the plans and specifications for the project are as much a part and parcel of said plans and specifications as if included therein. Bidders are required to acknowledge receipt of Addendum on their Bid. Failure to do so may result in disqualification. This addendum consists of 2 pages and 2 revised plan sheet enclosures, CLARIFICATIONS/SUBMITTED QUESTIONS In.the Bid Schedule,there isn't a typical "Mobilizaton, taxes, bonds, and insurance"item. The Special Provisions section(SP-13) lists all of the items that are considered incidental to the project, which includes Mobilization,taxes,bonds and insurance. Measurement and Payment Item 108 "A.sphatt Surfacing." States that this quantity is by plan quantity and that "No field measurement will be made for this item." The pavement areas listed are to discourage excessive excavation in the downtown area. Each site will be evaluated before excavation begins to evaluate pavement deterioration that has occurred since the plans were produced;if additional area is required for surface restoration,it will be determined ahead of time, and paid for at the unit price provided in the project bid form. SPECIFICATIONS SPECIAL PROVISIONS SP-13 COST LIMITATIONS AND INCIDENTAL WORK ITEMS: Add the following to the list of items considered incidental to work: Bonds (Bid, Payment,and Performance Bonds) PLAN SHEETS SHEET D1 ■ Removed a`connection to existing pipe'from Detail 2-D1. SHEET D2 Clarified gravel bedding call-out on Detail 2-D2. 0 Added a'conneGfim to existing pipe'to Detail 4-D2. 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Tracy Ave. Treatment Unit D Sheet D1: Hydrodynamic Separator Manhole Details Sheet D2: Miscellaneous Details I CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Bozeman Stormwater Quality Improvements 2018 Separate sealed bids for construction of City of Bozeman Bozeman Stormwater Quality Improvements 2018 project will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, January 30, 2018 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 No. 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.Tuesday, January 30,2018. 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 project work is generally described as follows: Installation of three (3) hydrodynamic stormwater separator treatment units at three (3) different sites in downtown Bozeman, MT. Work involved includes tying into existing storm mains both upstream and downstream of the new separator units, installing transitional piping, backfilling, compacting, and surface restoration of affected areas. The project also includes the installation of an additional catch basin and associated piping at one of the sites. The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771- 1230, 406-582-2280, in accordance with the Instruction to Bidders. Required deposit is $60.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department at 10:00 a.m. on January 16, 2018. Interested CONTRACTORS are encouraged to attend. CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Section 00100 INVITATION TO BID Page 1 of 2 Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, 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. 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 at 2:00 p.m. local time, January 30, 2018. 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 lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 10t" day of January 2018. Robin Crough City Clerk City of Bozeman Published in Bozeman, Montana: January 14, 2018 January 21, 2018 Section 00100 INVITATION TO BID Page 2 of 2 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 Clerk of the Commission,City Hall,121 North Rouse Ave.,P.O.Box 1230,Bozeman,Montana 59771-1230, and endorsed on the outside of the envelope with the words: BOZEMAN STORMWATER IMPROVEMENTS 2018. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom maybe considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted maybe 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 on 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 ofAttorney 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 ofbusiness;(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. INSTRUCTIONS TO BIDDERS 1 Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated,if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 6th Edition(MPWSS),shall be used to govern the contractual and performance aspects ofthis 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 6t'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. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman,in order to assist the Contractor in preparation of his Bids. 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..............................MPWSS/Bound Herein Performance Bond........................MPWSSBound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed.............MPWSS/Bound Herein Field Order...................MPWSSBound Herein Change Order.....................MPWSS/Bound Herein Work Directive Change.......MPWSS/Bound Herein Application For Payment (Guidance Only)............... Bound Herein Certificate of Substantial Completion........................MPWSS INSTRUCTIONS TO BIDDERS 2 Order to Contractor to Suspend Work...............Bound Herein Order to Contractor to Resume Work...............Bound Herein Contractors Certificate And Release...............MPWSS Lien Waiver for Prime Contractor.......... ...MPWSS Lien Waiver for Sub contractor/Supplier...MPW S S Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein 02720......................................Hydrodynamic Separator Unit Technical Specification...................MPWSS, COB MODS, &Bound Herein Appendix A—Standard Drawings...........Bound Herein Plan Set 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. There are no reports of investigations and tests of subsurface and latent physical conditions at the site which have been relied upon in preparing the drawings and specifications. 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 ofthe work. No information derived from any inspection of records of investigation or compilation thereof made by INSTRUCTIONS TO BIDDERS 3 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 mayor 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 anyperson contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TMIE OF COMPLETION The time of completion ofthe work is a basic consideration ofthe Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation ofhis proposal,shall be covered in the Bid and shall be made a part ofthe 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 North Rouse Ave. P.O. Box 1230 Bozeman,MT 59771-1230 The envelope shall also contain the following information: Name of Project: BOZEMAN STORMWATER IMPROVEMENTS 2018. Name of Contractor: INSTRUCTIONS TO BIDDERS 4 f 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. January 30,2018. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR 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. H. The proposal must include a completed and signed Non-discrimination affirmation form. 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 INSTRUCTIONS TO BIDDERS 5 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: 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. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. 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. { INSTRUCTIONS TO BIDDERS 6 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. MODIFICATIONS AND WITHDRAWAL OF BID A bid 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(24)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 acceptor 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 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. INSTRUCTIONS TO BIDDERS 7 AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation,nonconforming,nonresponsive,unbalanced,or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible.OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability,or fails to meet any other pertinent standard or criteria established by the OWNER.The OWNER also reserves the right to waive all informalities not involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements,and such alternatives,unit prices and other data,as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors,Suppliers,and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded,OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents,Bid price, and other appropriate factors. Ifthe Contract is to be awarded,OWNER will give the Successful Bidder allotice ofAward within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If,at anytime this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available,the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. 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 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 INSTRUCTIONS TO BIDDERS 8 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. Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments.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 INSTRUCTIONS TO BIDDERS 9 subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. 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 Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry(DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) 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. INSTRUCTIONS TO BIDDERS 10 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 REMOVEH H f. Non-Discrimination Affirmation form completed and signed? 3) Bid Envelope: a. Addressed properly? (See Article I —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. 00 �-I O N � O f M w A' W O CD O CD O CD O co ^E Q O 'd' m O 00 N Ln N ` O N b4 rN/1 ta4 b4 tH z C. � W O z E a � H v z z Q � N o v v v v > = v LL o u o Q CL :3 V O v � M LU G) � J N ' ° �`vtt ° z In v N 41) N a) (A vco `V I° U Q 0° a O 41 0 00 O m m > s o L o " Q ® .� v fu M� O O Z cn `° c W U o0 000 0 r m Q iQ i LL o a is Z V m v O > U v CD M C] N O L m N O M O O to w i 1ww O _1 O U • cl�Li Q C J C L V O d0 J N � t V o w 0 0) L O c .O m Lo `� LLO L � a`°, M pcy) LO )� � Q �LO m U LLX > w O Cm O x:E 'a O "a(0 w A E CL ,O _0 LL p LE O O O� CC'd m U q CO �1 N M PENAL SUM FORM N. V-11 I : 11NoC Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Omdahl Excavation & Utilities, Inc. 659 Morning Mist Road Manhattan, MT 59741-8556 SURETY (Name and Address of Principal Place of Business): The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 OWNER: City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771-1230 BID Bid Due Date: January 30, 2018 Description: Bozeman Stormwater Improvements 2018 City of Bozeman, Montana BOND Bond Number: 471185 Date (Not earlier than Bid due date): January 30, 2018 Penal sum Ten Percent of the Total Amount of the Bid $ 10% of Amount Bid (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER. SURETY Omdahl Excavation & Utilities, Inc. (Seal) The Ohio Casualty Insurance Company (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: _ � / By: gnature / Signature (Attach Power of Attorney) �? Bryan D. Hall Print Name Print Name Title Attest: Signa ure Attorney -in -Fact Title Attest: Signature Maki Stoppel Account Manager Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint ventures, if necessary. EJCDC C-430 Bid Braid (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Paee 1 of 2 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if. 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279247 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire &Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, RICHARD B. DEMING, JULIE A. BENNETT TYLER P. DELANEY, WILLIAM R. PRICE, DEBBIE DUNEMAN, DONNA K. TUCEK, MARK COLLINS, BRYAN D. HALL . ............... ........................................................................................................................... ....................... ............................................................ ........ :............ ......................................................................................................... ................... .......................................................................................... all of the city of BOZEMAN state of MONTANA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power ofAttorney has been subscribed by an authorized officeror official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , 2012 , if�t t t-Hs � � n t'ME American Fire and Casualty Company <cQ��j — ���� The Ohio Casualty Insurance Company c°� `TF� s PAtc re 1 ccg� Liberty Mutual Insurance Company -Y' i cs "'Qy � C.CLY41rt4Si � ' 't33� I-y 1 � Peerless Insurance Company West American Insurance Company no By: STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary COUNTY OF KING On this 29th day of March , 2012 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. KID Riley, Nota Public This Power ofAttorney is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS — Section 12. Power of Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all Undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomey-in-factas may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30 day of January 20 18 / Lc a trrfi W �4'r to fQ�t f '.t ' rr")rao E( ivr Tn 3:tt B f 1 l Y ':-'fts �t j/ it fit;=`tt. �` David M. Carey, Assistant Secretary 6— LtY i i % f k• c�£faE tlR� e'GE C�3. POA-AFCC, LMIC, OCIC, PIC & WAIC LMS_12873_012012 NON-DISCRIMINATION AFFIRMATION FORM On,d44/ EAcc— T,._..._ W4,'11-, L.-,,e.[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 0--/ (( %� �u �t/1�'1 , � [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: erson authorized to sign on behalf of the bidder THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, February 26, 2018 Table of Contents A. Call to Order-6:00 PM -Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Approval of Depository Bonds and Pledged Securities as of December 31, 2017 (Donald) 3. Approve the Final Plat for Flanders Mill, Phase 5 Subdivision, and Authorize the Director of Public Works to Execute the Same on Behalf of the CitV of Bozeman, the Director of Community Development to Sign the Improvements Agreements with Flanders Mill, LLC on behalf of the City of Bozeman, and the City Manager to Sign the Public Access Easements with Flanders Mill, LLC on behalf of the City of Bozeman, Application 17497 (Quasi -Judicial) (Cooper) 4. Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation and Utilities, Inc. for Construction of the 2018 Bozeman Stormwater Improvements (Mehrens) 5. Authorize the City Manager to Sign a Purchase Agreement with CXT / LB Foster for the Sports Park Restroom / Vending Building Installation at the Bozeman Sports Park Entry Pavilion (Poissant) 6. Authorize the City Manager to Sign a Professional Services Agreement with J. Boyer for Facilitation Services in Support of the Planning Coordination Committee (Saunders) Page 1 of 4 Bozeman City Commission Meeting Agenda, February 26, 2018 7. Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with Morrison-Maierle Inc. for On -Call Pretreatment Program Engineering Services for the Water Reclamation Facility (Heaston) 8. Authorize the City Manager to Sign Task Order Number 18 with Dowl to Conduct Right -of - Way and Property Research and to Prepare an Appraisal for City Property Located at 2125 North Rouse Avenue, Former Site of the Heart of the Valley Humane Society (Woolard) 9. Resolution 4888 Intent to Create Special Improvement Lighting District Number 744 for the Boulder Creek Subdivision (Clark/Maliske) 10. Resolution 4896 Intent to Consider a Growth Policy Amendment to Amend Figure 3-1 of the Bozeman Community Plan, the Future Land Use Map from Present Rural to Industrial on 69.47 Acres at the Intersection of Frontage Road and Nelson Road, Application 18055 (Saunders) 11. Ordinance 1994 Final Adoption a Text Amendment to Multiple Sections Initiated by the City Commission During Consideration of the Unified Development Code (UDC) Update Protect in Response to Public Comment and Commission Discussion and Collectedly Referred to as "Pile B" Amendments, Application 17597 (Rogers) Consider the motion: I move to approve Consent Items 1-11 as submitted. G. Public Comment - Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to three minutes. H. Action Items 1. Resolution 4882 Creation of Special Improvement Lighting District Number 742 for the Opportunity Subdivision (Donald) Consider the motion: I move to adopt Resolution 4882, Creation of Special Improvement Lighting District Number 742 for the Opportunity Subdivision. 2. Public Hearing on Protests for Special Improvement District (SID) Number 741, and Resolution 4868 Creation of Special Improvement District (SID) Number 741 for the Purpose of Undertaking Certain Local Improvements to South Tracy Avenue Between Olive Street and One Half Block South of Harrison Street and Financing the Costs Thereof (Gamradt) Consider the motion: After hearing all protests, and finding them to be insufficient under law to bar further proceedings, I hereby move to adopt Resolution 4868 creating Special Improvement District Number 741 for the purpose of financing local improvements to South Tracy Avenue between Olive Street and one half block south of Harrison Street. 3. Resolution 4886 Amending the City's Annual Budget for Street Maintenance Fund Appropriations for the Fiscal Year Ending June 30, 2018 (FY18) (Donald) Page 2 of 4 Bozeman City Commission Meeting Agenda, February 26, 2018 Consider the motion: 1 move to adopt Resolution 4886, Amending the City's Annual Budget for Street Maintenance Fund Appropriations. 4. Resolution 4879, Special Assessment Levy for Special Improvement District Number 741, the South Tract/ Reconstruction Project (Donald) Consider the motion: I move to adopt Resolution 4879, the special assessment levy for Special Improvement District Number 741. 5. Hoover Way Subdivision Planned Unit Development, Application for a Phased 24-Unit Residential Development Located Approximately 1/4 Mile Northwest of the Intersection of Baxter Lane and North 27th Avenue / Thomas Drive; Associated with a Proposed 2.72 Acre Major Subdivision to Create Twenty -Four Residential Lots, Three Open Space Lots and the Associated Right -of -Way; Requesting Nine Relaxations; Application 17546 (Quasi -Judicial) (Jadin) Consider the motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 17546 and move to approve the planned unit development with conditions and subject to all applicable code provisions. 6. Hoover Way Subdivision Preliminary Plat, Application for a Proposed 2.72 Acre Major Subdivision to Create Twenty -Four Residential Townhouse Lots, Three Open Space Lots and the Associated Right -of -Way; Includes Requests for Incentives and Reductions Allowed Through the Provisions of the Unified Development Code Article 43, Affordable Housing; Associated with a Preliminary Planned Unit Development (PUD) Application Requesting Nine Relaxations; Application 17117 (Quasi -Judicial) (Jadin) Consider the motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 17117 and move to recommend approval of the preliminary plat with conditions and subject to all applicable code provisions. 7. Ordinance 1997 Final Adoption, a Text Amendment of the Bozeman Municipal Code to Establish Emergencv and Transitional Housine Use and Associated Standards and Place it in Specific Zoning Districts, Application 18011 (Rogers) Consider the motion: Having reviewed and considered the ordinance text, public comment, and all the information presented, I move to finally adopt Ordinance 1997, the Emergency and Transitional Housing Municipal Code text amendment. 8. Appointment(s) to the Cemetery Advisory Board (Sweeney) Page 3 of 4 Bozeman City Commission Meeting Agenda, February 26, 2018 Consider the motion: 1 move to appoint up to four members to the Cemetery Advisory Board with terms ending December 31, 2020. 9. Direction from City Commission on the Creation of a City -Wide Parks and Trails Special District (Overton) Consider the motion: I move to accept the 2018 Park and Trail District Feasibility Study and direct the City Manager to return with a proposed plan for the creation of a park and trail special district at the Standard Practice Level of Service, including timing and method of creation. 10. Continued from February 12, 2018: Strategic Plan for the City of Bozeman, Action Items for Vision Statement Section 7, and Final Revisions of All Vision Strategies and Action Items (Surratt) Consider the motion: 1 move to approve the Action Items for Vision Statement Section 7 with changes as discussed. I. FYI/Discussion 1. Office of Violence Against Women Grant Application Update: Final Budget and Narrative (Surratt) J. Adjournment Stream this meeting here. View past City Commission agendas here. View City Commission final approved minutes here. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re -aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@)bozeman.net no later than 3:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. Page 4 of 4 Stormwater Division NOTICE OF AWARD Dated: Pq>1�a TO: Omdahl Excavation & Utilities. Inc. ADDRESS: 659 Morning Mist Rd. Manhattan, MT 59741 PROJECT: 2018 Bozeman Stormwater Improvements CONTRACT FOR: Installation of three (3) stormwater treatment units (units) located one-half block south of the following intersections: W. Mendenhall St. and N. 3rd Ave., W. Mendenhall St. and N. Grand Ave., and W. Mendenhall St. and N. Tracy Ave. The 2018 Bozeman Stormwater Improvements (Project) generally includes: 1. Traffic control 2. Excavating and uncovering existing storm mains within project extents 3. Adjusting existing utilities to accommodate work 4. Setting and connecting three (3) units to existing storm mains and manholes S. Backfilling, compacting, and restoring disturbed areas 6. All related work incidental to construction You are notified that the City (Owner) has considered your Bid opened on January 30, 2018, for the above Contract. The Owner has determined that you are the apparent Successful Bidder and is awarding you the Contract for the Project. The price of your Contract is: Two Hundred Twenty -Nine Thousand, Fifty -Five Dollars ($229.055.00). Four 4 copies of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the folio ng con ' ions within fifteen (15) days of the date of this Notice of Award, that is, by . You must deliver the following to the Owner before the aforementioned date: 1. Four 4 fully executed counterparts of the Agreement, including all Contract Documents and Drawings 2. Executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders and General Conditions 3. Certificates of Insurance as specified in the Supplementary Conditions (paragraphs SC-5.04 and SC-5.06) Failure to comply with these conditions within the time specified will entitle the Owner to consider your Bid abandoned, annul this Notice of Award, and declare your Bid Security forfeited. The Owner will return to you two fully signed counterpart of the Agreement with the Contract `'" Documents attached within ten (10) days after you comply with these conditions. �, Z **End of Notice of Award Except for Signatures** ,'� �� $ E:•1� CITY OF BOZEMAN, MON-TANA BY: '---"-� (CITY MANAGER) DATE: Z 7-- �B ` .� ATTEST:kL •'''. r ii BY: (CITY CLER - �c • `�' 3 `' '" • Q' . TIN CC'� TDD:406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Stormwater Division AGREEMENT FORM THIS AGREEMENT is dated as of the_2!0 day of in the year 2018, by and between the City of Bozeman, hereinafter called OWNER, and Omdahl Excavation & Utilities, 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 is for the installation of three (3) stormwater treatment units located one-half block south of the following intersections: W. Mendenhall St. and N. 3rd Ave., W. Mendenhall St. and N. Grand Ave., and W. Mendenhall St. and N. Tracy Ave. The project generally includes: 1. Traffic control 2. Excavating and uncovering existing storm mains within project extents 3. Adjusting existing utilities to accommodate work 4. Setting and connecting three (3) units to existing storm mains and manholes 5. Backfilling, compacting, and restoring disturbed areas 6. All related work incidental to construction The project for which the Work under the Contract Documents may be the whole or only a part is generally titled as follows: 2018 Bozeman Stormwater Improvements. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 90 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) TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMAN MT Stormwater Division CONTRACTOR shall pay OWNER five -hundred dollars ($ 500.00) 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 Two Hundred Twenty -Nine Thousand, Fifty -Five Dollars ($229,055.00). 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 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMANMT Stormwater Division laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 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. 6.3 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.4 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. 6.5 CONTRACTOR 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. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. 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. 7.8 Supplementary Conditions. TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Stormwater Division 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Storm Water Pollution Prevention Plan & Attached Documents 7.12 Montana Public Works Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 with addenda (by reference). 7.13 Appendices 7.14 Addenda listed in the Bid Forms 7.15 CONTRACTOR'S executed Bid Forms 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.17 Notice of Award. 7.18 Notice to Proceed. 7.19 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.20 Any Notice of Partial Utilization. 7.21 Notice of Substantial Completion. 7.22 Notices of Final Completion and Acceptance. 7.23 Non-discrimination affirmation form. 7.24 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMAN MT Stormwater Division proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. xx End of Agreement Form Except for Signatures" TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMAN MT Stormwater Division IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Omdahl Excavation & Utilities, Inc. (CONTRACTOR) Byu� Title (JOINT VENTURE) Title City of Bozeman (OWNER) By (CITY MANAG R) APPROVED AS TO FORM: �'- (CITY ATTORNEY-) , ' 2 (SEAL< $0 (ATTEST) O� ° ' ' ' ' • ' Cgej��7- �T. 83 `9 TIN CO TDD: 406-582-2301 THE MOST LIVABLE PLACE. ■ 1► 3/9/2018 Omdahl Excavation & Utilities, Inc. 659 Morning Mist Rd. Manhattan MT 59741-8556 RE: Contract Bond #67S200880 2018 Stormwater Improvements 3/8/2018to 3/8/2021 The enclosed bonds and Powers of Attorney for the 2018 Stormwater Improvements have not been dated. In order for the bonds to be valid, they must be dated as of the same date as the contract or a later date. All of the duplicate originals must be completed with the same date. Please call me at 406-922- 6030 and I will gladly assist you in adding the dates to these documents. It is important these documents be executed correctly to avoid having to reissue them and repeat this process. Once the contract is dated and signed, please date the following: 1) Performance bond: Construction Contract Date and Bond Date 2) Payment bond: Construction Contract Date and Bond Date 3) Power of Attorney: Bond Date (not the contract date unless they are the same) Please send a complete copy of the dated contract, dated performance and payment bonds and dated power of attorney to my attention: First West, Inc. Attn: Marci Stoppel PO Box 1800 Bozeman, MT 59771-1800 Please call if you have any questions as I am happy to assist you. Sincerely, Marci Stoppel Surety Client Manager Enclosures WWW.lSTWESTINSURANCE.COM • 1905 STADIUM DRIVE • BOZEMAN, MT 59715 • 406.587.5111 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name. and Address): Omdahl Excavation & Utilities, Inc. 659 Morning Mist Road Manhattan, MT 59741-8556 OWNER (Name and Address): City of Bozeman, Montana PO Box 1230 SURETY (Name, and Address of Principal Place of Business): The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $229,055.00 (Two Hundred Twenty Nine Thousand Fifty Five Dollars and 00/100) Description (Name and Location): 2018 Bozeman Stormwater Improvements City of Bozeman, Montana BOND Bond Number: 67S200880 Date (Not earlier than Effective Date of Agreement): Iq / 2 / I p Amount: $229,055.00 (Two Hundred Twenty Nine Thousand Fifty Five Dollars and 00/100) Modifications to this .Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Perfonnance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Omdahl Excavation & Utilities, Inc. Contractor's Narne and Corporate Seal SURETY (Sep) The Ohio Casualty Insurance Company (Seal) Surety's Name and Corporate Seal. By: G(� c;� U _ ��� By: -C� Sij,nature Signature (Attach Power of Attorney) Pri t Name ame ,=�- Tit] A t t I%( n e Title Bryan D. Hall Print Name Attorney -in -Fact Title Attest: w Signature arci Stoppel Surety Account Manager Title Note; Provide execution by additional parties, such as joint venturers, if necessary. FJCDC C•610 Performance Bond Prepared by the Fnp veers Joint Contract Documents Cornnuttee. Page l of J Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 1.5 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent. contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. if Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has tenminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Fond, but subject to commitment by Owner of the Balance of the Contract Price to initi-ation of costs and darnages on the Contract, Surety is obligated without duplication for: rJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrotn and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions, 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents andchanges thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman, MT 59715, 406-587-5111 Owner's Representative (Engineer or other party): City of Bozeman Engineering Division, 406-582-2280 LJCDC C•610 Performance Bond Prepared by the Engineers Joint Contract Documents Con n ittee. Pape 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Omdahl Excavation & Utilities, Inc. 659 Morning Mist Road Manhattan, MT 59741-8556 OWNER (Name and Address): City of Bozeman, Montana PO Box 1230, Bozeman, MT 59771-1230 SURETY (Name, and Address of Principal Place of Business): The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 CONTRACT Effective Date of Agreement: Amount: $229,055.00 (Two Hundred Twenty Nine Thousand Fifty Five Dollars and 00/100) Description (Name and Location): 2018 Bozeman Stormwater Improvements City of Bozeman, Montana BOND Bond Number: 67S200880 Date (Not earlier than Effective Date of Agreement): q 12- /1 g Amount: $229,055.00 (Two Hundred Twenty Nine Thousand Fifty Five Dollars and 00/100) Modifications to this Bond l;on-n: N/A Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Omdahl Excavation & Utilities, Inc. (Seal) Contractor's Name and Corporate Seal SURETY By: By: Signature Print Name The Ohio Casualty Insurance Company (Seal) Surety's Name and Corporate Seal �+ Signature (Attach Power of Attorney) P'U w Title Att st: Attest: re 1 Title Bryan D. Hall Print Name Attorney -in -Fact Title Signature arci Stoppel Surety Account Manager Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment bond Prepared by the Engineers Joint Contract Documents Committee. P'we 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made tinder this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any; under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. r3JCUC C-lira Payment Bond Prepared by the Engineers Joint Contract Documents Committee, Pa„e 2 or 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a CIaimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a connnon law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "'labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with die other teens thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman, MT 59715, 406-587-5111 Owner's Representative (F,ngineer or other): Citv of Bozeman Engineering Division, 406-582-2280 EJC)C C-015 Payment Bond Prepared by the Engineers Joint Contract Documents Committer. PSee 3 of 3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279336 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcan Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, RICHARD B. DEMING, JULIE A. BENNETT; TYLER P. DELANEY, WILLIAM R. PRICE, DEBBIE DUNEMAN, DONNA K.TUCEK, MARK COLLINS, BRYAN D. HALL, ......... ......... ................................................................................ all of the city of BOZEMAN state of MONTANA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this PowerofAttorney has been subscribed by an authorized officerorofficial of the Companies and the corporate seals of the Companies have been affixed thereto this 291h day of March 2012 , 1r'C N rl , � � „ h � American Fire and Casualty Company -a The Ohio Casualty Insurance Company E pA7vRr c e. gr i ocxa9oxn F n ft1 r� Liberty Mutual Insurance Company d Q as i aI ,r .,sCL C ,o f t° SF,. T a �El SEAL � Peerless Insurance Company e N Na; 4�€ e; WestAmerican Insurance Company Ctry c4' k t h� " LRS5sPCkv � Efd�:T�l� �1 P y .a By: 9�X .X STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary 'a = COUNTY OF KING — O v d On this 29th day of March 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and v N p Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and West American Insurance Company, and that he, as such, being W W j authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C CIL MIN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle Washington, on the day and year first above written. Q �o cc od NO" A By: PUI-ILIC KD Riley, Nota Public 3 R 040 c This Power of Attorney is made and executed pursuant to and by authorityof the following By-laws and Qaltiorizations of American Fire and Casualty Company, The Ohio Casualty Insurance N c Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject 46 Q C to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, •p ? E acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective m C powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so > y* L executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under a> the provisions of this article maybe revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. .4w cm 00 2 L ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in writing by the chairman or the president, Zv and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, 00 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so t° executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. - 1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct copy of the Power of.Attomey executed by said. Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 N1 Fji't' LRY €NS& 11 i0"TEUaq a E3;vegQr e 1s wlt DC i By. Sls ' David M. Care Assistant Secrets �Y, rY 7YGC" i� asc sE�E:�� G[:CCI' POA-AFCC, LMIC, OCIC, PI & WAIC LMS 12873 012012 MSTOPPEI OMDAEXC-01 ,4CORl� CERTIFICATE OF LIABILITY INSURANCE ka..�..-� DATE(MM/DD/YYYY) 03/08/2018 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 7LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE 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 First West, Inc. P.O. Box 1800 Bozeman, MT 59771 CONTACT Marci Stoppel, CISR NAME: (A/Hc°No, Exit): (406) 922-6030 (A/c, No):(406) 587-9162 EMAIL ADDRESs: mstoppel@1stwestinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Cincinnati Insurance Company 10677 INSURED INSURER B : Montana State Fund INSURER C : Omdahl Excavation & Utilities, Inc. INSURER D : 659 Morning Mist Rd Manhattan, MT 59741-8556 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 LTR TYPE OF INSURANCE ADDL INSD SUBRr D POLICY NUMBER POLICY EFF M D POLICY EXP MM/DDYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X EPP 0024533 05/15/2016 06/16/2019 DAMAGE TO RENTED PREMISES (Ea occunence 5001000 $ MED EXP An one person)$ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY i ' • JECT LOC ( GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Is OTHER: AUTOMOBILE LIABILITY X ANY AUTO X EBA 0024533 05/15/2017 05/15/2018 COMBINED SINGLE LIMIT (Ea accident) __._ _-__ BODILY INJURY (Per erson 1,000 �QQQ __$_ $ OWNED SCHEDULED AUTOS ONLY AUTOS i BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ _� HIRED NON -OWNED AUTOS ONLY AUTOS ONLY j Is A X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE X EPP 0024533 05/15/2016 05/15/2019 AGGREGATE $ 1,000,000 DED I X I RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) N /A 032643520 07/01/2017 07/01/2018 X PER OTH- STATUTE_ER _ E.L. EACH ACCIDENT 500,000 $ E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500 000 $ If yes, describe under DESCRIPTION OF OPERATIONS below A Leased/Rented I EPP 0024533 05/15/2016 05/16/2019 Limit 200,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Byron & Bev Omdahl are excluded from Workers Compensation coverage. Re: 2018 Stormwater Improvements Certificate holder, Owner, and Engineer and Engineer's Conisuitants are additional insured for General Liability, provided requirement is part of a written agreement currently in effect, per conditions and limitations of policy form GA233MT 05-10 available upon request. Certificate holder is additional insured for Auto Liability, provided requirement is part of a written agreement currently in effect, per terms and conditions of policy form AA101 03-06 available upon request. SEE ATTACHED ACORD 101 [y4:i117 City of Bozeman & State of Montana PO Box 1230 Bozeman, MT 59771-1230 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) U 1988-ZU15 AGUKU GUKNUKA I tUN. Au rignis reserves. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: OMDAEXC-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE F^'NCY NAMED INSURED West, Inc. Omdahl Excavation & Utilities, Inc. 659 Morning Mist Rd POLICY NUMBER Manhattan,VT 59741-8556 SEE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability insurance MSTOPPEL Page 1 of 1 Description of Operations/Locations/Vehicles: Certificate holder is additional insured for Umbrella Liability, provided requirement is part of a written agreement currently in effect, per terms and conditions of policy form US101 UM 12-04 available upon request. 45 Days cancellation notification provided per terms and conditions of policy form IA4087 08-11 available upon request. Contractural Liability is provided per terms and conditions of policy form GA101 12-04 available upon request. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD The followine document shall be made a part of the contract documents: Montana Public Works Standard Specifications Sixth Edition General Conditions to the Contract Reference M PWSS —Section 0700 Standard General Conditions of the Construction Contract 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 full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. 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 the horse power, capacity or weight, and accessories. Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 1 of 13 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 paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.0l.A.S.c. SC - 4.01AVAILABILITY OF LANDS Add to Paragraph 4.0l.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 4.023 and replace with Special Provisions. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 2 of 13 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. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC- 4.06 - HAZARDOUS 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 00810-6th Edition Supplementary Conditions to the General Conditions Page 3 of 13 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.13: 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 tluough 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) e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 4 of 13 $ 1,000,000.00 3 �1 91 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injures Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident (or) b. Combined Single Limit Coverage to Include $1,000,000.00 $ 1,000,000.00 1. All Owned 2. Hired 3. Non -Owned 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 camlot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. Add a new paragraph at the end of Paragraph 5.04.13. 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. 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 00810-6th Edition Supplementary Conditions to the General Conditions Page 5 of 13 SC- 5.04.13.5 CANCELATION NOTICE Amend paragraph 5.04.13.5 of the General Conditions by striking out the words ' 30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.13.5 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: 1. Include the interests of Owner, Contractor, Subcontractors, Sub - Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 6 of 13 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. Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:OOAM. To S:OOP.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions m its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments willbe acceptable to Engineer asproviding an o r d e r 1 y progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 7 of 13 Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor fi•om 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 b e responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor 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 00810-61h Edition Supplementary Conditions to the General Conditions Page 8 of 13 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. RMM" :_._�► 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). Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, 1 o a d i n g 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 Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 9 of 13 equipment rental rates will be negotiated prior to t h e 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: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and 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 b e 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 00810-6th Edition Supplementary Conditions to the General Conditions Page 10 of 13 Delete Paragraph 14.02.C.1 o f 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. 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... 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 wi 11 be in Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 11 of 13 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. Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction 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. Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. _ If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.0 below, no mediation arising of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 12 of 13 any other person or entity (including Engineer, Engineer's Consultant and the Officers, directors, agents, employees or consultants of any of them) who is not a parry to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 1.13, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a parry to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing in this paragraph SC-16.0 1.0 nor in the provision of such subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. 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 00810-6thEdition Supplementary Conditions to the General Conditions Page 13 of 13 MONTANA PREVAILING WAGE RATES FOR HEAVY 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 Heavy 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 Dlem ............................................................................................................................................ 4 L. Apprentices......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages.......................................................................................................... 5 N. Employment Preference......................................................................................................................... 5 0. Projects of a Mixed Nature............................................................................................................................................ 5 P. Occupations Definitions Website.................................................................................................................................... 5 Q. Welder Rates ... ......... ... ............................................................... ....................... . ......... I..................... 5 R. Foreman Rates ... .... ....................... ...... ...................... ....... ...................... ...................... I.................... 5 WAGE RATES: BOILERMAKERS......................................................................................................................................... 6 BRICK, BLOCK, AND STONE MASONS........................................................................................................... 6 CARPENTERS............................................................................................................................................ 6 CEMENT MASONS AND CONCRETE FINISHERS............................................................................................ 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1............................................................................................................................. 7 OPERATORSGROUP 2............................................................................................................................ 7 OPERATORSGROUP 3............................................................................................................................ 8 OPERATORSGROUP 4............................................................................................................................ 8 OPERATORSGROUP 5............................................................................................................................ 8 OPERATORSGROUP 6.................................................................................................................... 8 OPERATORSGROUP 7............................................................................................................................ 9 CONSTRUCTION LABORERS LABORERSGROUP 1............................................................................................................................ 9 LABORERSGROUP 2...... .................... ............................ ....................................... ........ I...................... 9 LABORERSGROUP 3.....................................................................................................................I....1. 10 LABORERSGROUP 4..............................................................................................1.1.1......................... 10 DIVERS...................................................................................................................................................1 10 DIVERTENDERS........................................................................................................................................ 11 ELECTRICIANS............................................................................................................................................................ 11 HEATINGAND AIR CONDITIONING..........................................................................................................""I....................... 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST)........................................................................... 12 IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS.................................................................... 12 LINE CONSTRUCTION EQUIPMENTOPERATORS................................................................................................................1......... 12 GROUNDMAN........................................................................................................................................... 12 LINEMAN.................................................................................................................................................. 13 MILLWRIGHTS............................................................................................................................................ 13 PAINTERS............................................................................................................................................................ 13 PILEBUCKS............................................................................................................................................... 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS.................................................................................... 13 SHEETMETAL WORKERS........................................................................................................................... 13 TEAMSTERSGROUP 1 (Pilot Car Drivers)......................................................................................................................... 13 TEAMSTERS GROUP 2 (Truck Drivers)................................................................................................................ 14 2 A. Date of Publication January 7, 2017 B. Definition of Heavy Construction The Administrative Rules of Montana (ARM), 24.17.501(4) — (4)(a), states `Heavy construction projects include, but are not limited to, those projects that we not properly classified as either 'building constiwetion', or `highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, darns, demolition (not incidental to construction), dikes, docks, drainage projects, dredgingprojects, elechIfrcationprojects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop -in units — not buildings), railroad construction, reservoirs, revelments, sewage collection and disposal lines, sewers (sanitary, storm, etc), shoreline maintenance, ski tows, storage tanks, swimmingpools (outdoor), subways (other than buildings), tipples, tunnels, unshelteredplers and wharves, viaducts (other than highway), water mains, waterwvay construction, water supply lines (not incidental to building), water and selvage treatment plants (other than buildings) and wells. " C. Definition of Public Works Contract Section 18-2-401 (1 1)(a), MCA defines "public works contract" as "...a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000... ". D. Prevailing Wage Schedule This publication covers only Heavy 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, Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwaoehourboi)a.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 wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised. " F. Wage Rate Adjustments for Multiyear Contracts Section 18-2417, MCA states: "(1) Any public works contract that by the terms of the original contract calls far more than 30 months to f dly perform must include aprovision to adjust, as provided in subsection (2), the standar dprevailing rate of wages to be paid to the wor leers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing swages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. " G. Fringe Benefits Section 18-2-412, MCA states: "(1) To frtlfrll the obligation ... a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate ofpay that is part of the standardprevailing rate of wages directly to the worker of- employee in cash; (b) make an irrevocable contribution to a trustee of- a thirdperson pursuant to afringe benefit fund, plan, of, program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona frdeprograrn approved by the U. S. department of labor; of- (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standardprevailing rate of wages, including f -inge benefits and travel allowances, applicable to the districtfor the particular type ofwork beingpe>;fonned. (2) The fringe benefit fiaul, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income SecurityAct 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 cityfrom 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 shortestpractical maintained route f tom the dispatch city to the center of the job. " See section H above for a list of dispatch cities. I 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 fr-onr the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch cite of- the employee's home, whichever is closer, to the center of the job. " See section H above for a list of dispatch cities. IC 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 apprenticewhilethe 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 tivorks contracts, as provided in this part, shall post in a prorrrinent and accessible site on the project or staging area, not later than the first day of ivork and continaringfor 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 conhweting agency shall determine, based on the preponderance of labor hours to be worked( tivhether the public works consh•rrction services project is classified as a highway consh•rrction project, a heaiy consh•crction project, or a building construction project. (2) Once the project has been classified, employees in each h ade classification who are ivor•king 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: httn:H/ vww.bis.eov/oes/cun•enL/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. WAGE RATES BOILERMAKERS Wage Benefit $30.25 $30.30 Duties Include; Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. T Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit $31.07 $13.90 T Back to Table of Contents CARPENTERS Wage $29.00 T Back to Table of Contents Travel: 0-120 mi. free zone >120 mi. federal mileage rate/mi. Special Provision: Travel is paid only at the beginning and end of the job. Per Diem: 0-70 mi. free zone >70-120 mi. $55.00/day >120 mi. $70.00/day Travel: 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day Benefit Zone Pay: $11.82 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $21.73 $10,51 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. T Back to Table of Contents m Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2,95/hr. >60 mi. base pay + $4.75/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $25.41 $12.05 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A -Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front -End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. f Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $26.20 $12.05 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self -Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber -Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front -End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self -Propelled; Pugmill; 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 7 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $27.95 $12.05 0-30 mi. free zone >30-60 mi. base pay A• $3.50/hr. This group includes but is not limited to: >60 mi. base pay + $5.50/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. I Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $28.95 $12.05 0-30 mi, free zone >30-60 mi. base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay + $5.50/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. j Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $29.95 $12,05 0-30 mi. free zone >30-60 mi, base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay + $5,50/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: $30.95 $12.05 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay + $5.50/hr. Cranes, 75 tons up to and incl, 149 tons; Cranes, Whirley (All). t Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $31.95 $12.05 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons —add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff -Leg or Derrick; Helicopter Hoist. q Back to Table of Contents Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. C��]�l�f:ZiL�>iC��►1S:1=Z�1c7�c ' • � � ► s : 7_1��C���P��Z�1 Wage Benefit $21.58 $8.69 1 Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $24.40 $8.69 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine -lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. q Back to Table of Contents 0 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. CONSTRUCTION LABORERS GROUP 3 Wage Benefit $24.54 $8.69 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High -Pressure Nozzleman; Jackhammer (Pavement Breaker) Non - Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter -Power and Tamper. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit $25.26 $8.69 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High -Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc, T Back to Table of Contents DIVERS Wage Stand -By $38.16 Diving $76.32 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. f Back to Table of Contents Benefit $14.52 $14.52 10 Zone Pay: 0-30 mi. free zone >30-60 mi, base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. Zone Pay: 0-30 mi, free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi, base pay + $6,00/hr. 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. j Back to Table of Contents 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 j Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: $28.04 $17.38 0-50 mi. free zone >50 mi. Duties Include: • $0.25/mi. in employer vehicle. Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehilcle. commissioning of all air -handling equipment and duct work. Per Diem: $65/day j Back to Table of Contents 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit $34.17 $19.47 Duties Include: Insulate pipes, ductwork or other mechanical systems. f Back to Table of Contents Travel: 0-30 mi. free zone >30-40 mi. $20.00/day >40-50 mi. $30.00/day >50-60 mi. $40.00/day >60 mi. $45.00/day plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $80.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. 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. j Back to Table of Contents LINE CONSTRUCTION — EQUIPMENT OPERATORS Wage Benefit Zone Pay: $33.27 $14.71 No Free Zone $60.00/day Duties Include: All work on substations i Back to Table of Contents LINE CONSTRUCTION — GROUNDMAN Wage Benefit Zone Pay: $25.98 $13.31 No Free Zone $60.00/day Duties Include: All work on substations t Back to Table of Contents 12 LINE CONSTRUCTION — LINEMAN Wage Benefit $43.43 $15.30 Duties Include: All work on substations t Back to Table of Contents MILLWRIGHTS Wage $32.00 Zone Pay: No Free Zone $60.00/day Benefit Zone Pay: $11.82 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. I Back to Table of Contents PAINTERS Wage Benefit $25.05 $16.72 I Back to Table of Contents 12 Travel: No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: No free zone. $0.60/m i, Per Diem: $80.00/day PILE BUCKS Wage Benefit $29.00 $11.82 Duties Include: 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 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit $35.66 $16.86 Duties Include: Assemble, install, alter, and repair pipe -lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro-commission ing. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. 1 Back to Table of Contents SHEET METAL WORKERS Wage Benefit $28.04 $17.38 Duties Include: Testing and balancing, commissioning and retro- commissioning of all air -handling equipment and duct work. Manufacture, fabrication, assembling, installation, dismantling, and alteration of all HVAC systems, air veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. t Back to Table of Contents TEAMSTERS GROUP 1 (Pilot Car Drivers) No Rate Established 1 Back to Table of Contents 13 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Travel: 0-70 free zone >70 mi. ■ On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn't provide transportation. Not to exceed two trips. ■ On jobs when employees work any number of consecutive days: $100.00/day if employer doesn't provide transportation. Travel; 0-50 mi. free zone >50 mi. $0.25/mi. in employer vehicle $0.65/mi, in employee vehicle Per Diem: $65.00/day TEAMSTERS GROUP 2 (Truck Drivers) No Rate Established This group includes but is not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel TrucklTireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. j Sack to Table of Contents NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR: Bozeman Stormwater Improvements 2018 You are notified that your Bid opened on , 2018 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Bozeman Stormwater Improvements 2018. The Contract Price of your Contract is: Dollars Four (4) copies of each ofthe proposed Contract Documents (except Drawings) accompany this Notice ofAward. Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by 1. You must deliver to the OWNER Four (4) 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 (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). 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 two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: BY: (CITY MANAGER) DATE: (CITY CLERK) Notice to Proceed Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is _ I Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction specifications Institute. Pare 1 of 1 MONTHLY PAY ESTIMATE SUMMARY Date Bozeman Stormwater Improvements 2018 City of Bozeman, Montana Estimate No. - to , 2018 DESCRIPTION Earnings for Work & Materials Installed: Plus 100% of Invoice for Materials Stored: Less Materials Used: Subtotal: 5% Retainage: Net Earnings: Less 1 % Gross Receipts Tax: Gross Payment: Less Previous Payments: Net Payment this Estimate: Percent Time Elapsed: Work Done Based on Installed Cost: Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): Stop/Resume Work Orders (dy): Approved Time Extensions (dy): New Contract Completion Time (dy): Contract Completion Date: Contract Cost Data: Amount of Original Contract: Approved Changes: Revised Amount: Approved by (Contractor): Approved by City of Bozeman (Owner): AMOUNTS THIS MONTH PREVIOUS TO DATE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #VALUE! #DIV/0! $0.00 $0.00 $0.00 90 0 0 90 3/30/1900 CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK # PO Box 1230 • Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ VENDOR # DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I, the undersigned, do solemnly swear, that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS# or Tax ID# Business License # THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.:'. Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required, please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s) / Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑ Amended Responsibilities ❑ Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: City of Bozeman Owner's Contract#: Contract: Date of Contract: Contractor: Engineer's Project M You are directed to proceed promptly with the following change(s): Item No. Descript on Attachments (list documents supporting change): Purpose for Work Change Directive: ❑ Authorization for Work described herein to proceed on the basis of Cost of the Work due to: ❑ Nonagreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. ❑ Other: Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) If the change involves an increase, the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date: Authorized by Owner: Date: Accepted for Contractor by: Date: Approved by Funding Agency (if applicable): Date: CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Proj ect: ENGINEER OWNERs Contract No. _ ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price Net Increase (Decrease) from previous Change Orders No. to Contract Price prior to this Change Order: Net increase (decrease) of this Change Order: Contract Price with all approved Change Orders: $ CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed -upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 Q:\22\11988-01\50Design\Specifications\Final Specs\15-COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 Q:\22\11988-01\50Design\Specifications\Final Specs\15-COB Change Order Form.doc ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number City of Bozeman Project Number IN OWNER: By reason of Suspend Work Order No. DATE: PROJECT AND LOCATION which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on You will resume major operations onlywhen authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendardays have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR Receipt Acknowledged, Date: M TITLE: OWNER BY: TITLE: Address for Correspondence: Order to Contractor to Suspend Work — Page 1 of 1 QA22\11988-01\50Design\Specifications\Final Specs\16-suspend_wrk.doc 1/12/18 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number City of Bozeman Project Number TO: Resume Work Order No. DATE: PROJECT AND LOCATION The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copywill be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: TITLE: BY: TITLE: Address for Correspondence: Order to Contractor to Resume Work — Page 1 of 1 SPECIAL PROVISIONS TABLE OF CONTENTS SP-1. CONTRACT SECTIONS INCLUDED HEREIN BY REFERENCE SP-2. DEFINITION OF CITY, ENGINEER, AND OWNER SP-3. LICENSE, REGISTRATIONS, PERMITS - CONTRACTOR SP-4. CITY OF BOZEMAN MISCELLANEOUS COSTS SP-5. CONTRACT TIME SP-6. WARRANTY SP-7. SAFETY - CONTRACTOR OPERATIONS SP-8. UTILITY LOCATION SP-9, CONSTRUCTION STAKING SP-10. TESTING SP-11. SUBMITTALS, PRODUCTS AND SUBSTITUTIONS SP-12. SOILS & GROUNDWATER INVESTIGATION SP-13. COST LIMITATIONS AND INCIDENTAL WORK ITEMS SP-14. STORM WATER DISCHARGE PERMIT, WASTE DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL SP-15. REPORTS OF SUBSURFACE EXPLORATIONS, TESTS OF SUBSURFACE CONDITIONS, DRAWINGS OF PHYSICAL CONDITIONS OF EXISTING SUBSURFACE AND SUBSURFACE STRUCTURES AND HAZARDOUS CONDITIONS. SP-16. SCHEDULING AND NOTIFICATIONS SP-17. NOISE IMPACT SP-18. RIGHT-OF-WAY SP-19. PRECONSTRUCTION CONFERENCE SP-20. ABANDONING EXISTING STORM PIPE SP-21. CONSTRUCTION TRAFFIC ROUTES SP-22. ACCESS TO RECORDS SP-23. MEASUREMENT AND PAYMENT This section of the Contract Documents covers special conditions applicable to this project that are not covered by the General Notes on the plans. In case of conflict between the Special Provisions and the project plans, the Special Provisions shall govern. The work to be performed under the provisions of these specifications consists of furnishing all materials, supplies, services, equipment, tools, labor, coordination and supervision; the performance of all necessary installation and the construction complete, including all work appurtenant thereto, as detailed and specified herein. 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. All correspondence and official authorization concerning the work shall be with the Storm Water SPECIAL PROVISIONS PAGE 1 OF 12 Program Coordinator 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. SP-1 CONTRACT SECTIONS INCLUDED HEREIN BY REFERENCE: The Montana Public Works Standard Specifications (MPWSS) Sections listed in the Technical Specifications of this document are also included by reference. Addenda to those Sections are included herein by reference. Contractor shall familiarize themselves with the MPWSS and keep a reference copy at the work site at all times. SP-2 DEFINITION OF CITY, ENGINEER, AND OWNER: The use of the word "City" or "Owner" refers to the City of Bozeman, Montana Public Works Department with contact through Mr. Kyle Mehrens, Storm Water Program Coordinator. The project "Engineer" is DOWL, 2090 Stadium Drive, Bozeman, Montana, SP-3 LICENSE, REGISTRATIONS, PERMITS - CONTRACTOR: The Contractor must have, or obtain prior to any construction, the following items: City of Bozeman Business License (City Hall, 121 N. Rouse Ave., Bozeman, MT) Montana Contractor's Registration SP-4 CITY OF BOZEMAN MISCELLEOUS COSTS AND FEES: The following City of Bozeman permits and/or fees shall be obtained and/or paid: • The Contractor must obtain and comply with a City of Bozeman Stormwater Permit for Construction Activities. NOTE: Other City of Bozeman permits and/or fees not listed above may be required. SP-5 CONTRACT TIME: The Contract time shall be 90 days to complete all work. Time is measured in the number of calendar days commencing on the date stated in the written Notice to Proceed. The Contractor shall schedule the Work to be completed within the Contract Time including an allowance for time lost due to abnormally cold weather, abnormal precipitation, or other natural phenomena. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5—year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. The Contract Time will expire automatically after the number of calendar days stated in the Contract Time, except as the Contract Time may be extended by signed change order. SP-6 WARRANTY: If, within two (2) years after final acceptance of the work by the Owner, SPECIAL PROVISIONS PAGE 2OF12 any of the work or materials 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. SP-7 SAFETY — CONTRACTOR OPERATIONS: CONTRACTOR IS SOLELY RESPONSIBLE FOR PROJECT SAFETY AND ADHERENCE TO O.S.H.A. AND OTHER APPLICABLE SAFETY, HEALTH, AND SANITATION STANDARDS. This requirement will apply 24 hours per day until acceptance of the work by the City and shall not be limited to normal working hours. Contractor shall provide at the site such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work. Contractor must promptly report in writing to the City and Engineer all accidents arising out of, or in connection with, the performance of the work, whether on or adjacent to the site which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injury or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the City and Engineer. If any claim is made by anyone against Contractor or any Subcontractor on account of any accident, Contractor shall promptly report the facts in writing to the City and Engineer, giving full details of the claim. SP-8 UTILITY LOCATION: Existing utilities in the vicinity of the work are indicated on the plans to the extent such information has been made available to or discovered by the Engineer in preparing the plans. The accuracy or completeness of such information is not guaranteed, and all responsibility for the accuracy and completeness thereof is expressly disclaimed. The Contractor shall be solely responsible for locating all existing utility installations, in advance of the project, by contacting their respective owners and by exploratory excavation as needed. Any delay, additional work, or extra cost to the Contractor caused by existing utility installation shall not constitute a claim for extra work, additional payment, standby time, or damages. This includes crossing over, under, or parallel to the utility. Contact the One Call System a minimum of 2 business days prior to beginning excavation at 1-800-424-5555. Assume responsibility for all City water mains and services, sanitary sewer mains and services, and storm drains located within 50 feet of the project area that is or has been under construction. The period during which the Contractor assumes responsibility for these utilities begins when excavation commences and ends when the two year warranty expires. SP-9 CONSTRUCTION STAKING: The CONTRACTOR will provide all construction staking and layout. The Contractors survey crew will check all PLAN CONTROL to assure accuracy and correlation SPECIAL PROVISIONS PAGE 3 OF 12 prior to commencing construction staking. SP-10 TESTING: Listed below are required tests and responsible parties for such tests: The Contractor shall provide all laboratory testing and the Contractor designated field testing at his expense and the Contractor shall contact and coordinate with the City of Bozeman Public Works Department to obtain current City requirements pertaining to testing and shall pay any additional City testing costs necessary for sewer videos and/or retesting as necessary. The cost of testing shall be an incidental cost to the related items. Asphalt and concrete field test results shall be submitted to the Engineer for evaluation daily, or as soon as they are available, for conformance with the specifications. The Engineer shall determine what corrective action is necessary in order for the improvements to be accepted by OWNER. Corrective action may include total removal and replacement of the deficient material, partial removal and replacement, or placing additional material. City of Bozeman Furnished Testing with Inspection Services: • Video inspection of finished storm water pipelines (schedule 1 week in advance). Contractor Furnished (All other required Testing per the Montana Public Works Standard Specifications Sixth Edition) • Gravel Base Course: Sieve analysis (AASHTO T27, ASTM C136), moisture -density relationship AASHTO T99/ASTM D698, and Plastic Limit and Plasticity Index (AASHTO 89). Tests are to be performed by independent testing laboratory. • Pipe Bedding: Sieve analysis (AASHTO T27, ASTM C136), moisture -density relationship AASHTO T99/ASTM D698, and Plastic Limit and Plasticity Index (AASHTO T89). Tests are to be performed by independent testing laboratory. • Field Density and Moisture Testing of gravel base. Tests are to be performed by an independent qualified testing laboratory or firm. • Provide A/C concrete mix design (job mix formula in accordance with ASTM D3666). Tests are to be performed by an independent testing laboratory. The design must be performed within 1 year of project start. • Field Density Testing (Nuclear) of A/C Concrete Pavement. Tests are to be performed by an independent qualified testing laboratory or firm. The density of the pavement shall equal or exceed 93% of the maximum density as determined by ASTM D2041 (Rice's density). If the average density is less than 93% but more than 90.9%, the pavement that has deficient compaction shall be milled and overlaid (1.5" minimum depth), or a penalty in the amount of 0.10 times the unit price bid for the pavement material times the amount of pavement that has deficient compaction shall be paid to the City of Bozeman. If the average density is 90.9% or less, the pavement area affected will be removed and replaced. If the testing indicates a density of less than 86%, cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which has a density of at least 91%. The area that is determined to have deficient compaction shall be removed and replaced, or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in density. SPECIAL PROVISIONS PAGE 4OF12 • Provide P/C concrete mix design. Tests are to be performed by an independent testing laboratory. The design must be performed within 2 years of project start. • Perform field and laboratory P/C testing of sidewalk, in accordance with MPWSS Sixth Edition and Addenda thereto. This includes standard slump, compressive strength, air content, and temperature. If an individual strength test falls below the specified strength by more than 500 psi, the in -place material represented by the failed test shall immediately be randomly cored for acceptance testing. A minimum of three and maximum of six cores shall be taken. If the average strength tests of the acceptance cores are deficient in strength by more than 500 psi but not more than 1000 psi, the Contractor shall remove and replace the deficient concrete or pay the City of Bozeman 0.25 times the unit price bid times the area determined to be deficient in strength; if the average strength tests are deficient by more than 1000 psi, the area of the concrete determined to be deficient shall be removed and replaced. Tests are to be performed by an independent testing laboratory. SP-11 SUBMITTALS, PRODUCTS AND SUBSTITUTIONS: Submit four (4) copies of the following submittals to the Engineer for review: • Pipe and Fittings • Manholes • Manhole Castings • Inlets • Inlet Castings • Hydrodynamic Separator Units Complete — All components and castings • Sealant and Gaskets • Shop Drawings for manhole configurations • Asphalt Mix Design • Concrete Mix Design • Flowable Fill Mix • Catalog Cuts of all other Miscellaneous Materials • Bedding (Pipe) • Gravel Aggregate • Traffic Control Plans Two copies will be retained by the City, 1 copy will be retained by the Engineer and 1 copy will be returned to the Contractor with review comments. If the Contractor requires additional copies with comments they may be submitted for return to the Contractor. Digital format submittals are acceptable. The Contractor shall review and certify the submittal prior to delivery to the Engineer. All catalog cuts submittals shall clearly delineate the submittal item or they will be returned without review. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Engineer will not relieve the Contractor from responsibility for errors or omissions, inadequate operational performance, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for compliance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. SPECIAL PROVISIONS PAGE 5 OF 12 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. SP-12 SOILS & GROUNDWATER INVESTIGATION: The Contractor will be responsible for investigating and verifying on -site soil type(s)/characteristics, and groundwater conditions. Interested contractors may perform drill rig hollow stem auger test bore hole(s) prior to submitting a proposal. Arrangements for access can be made by contacting DOWL at 406-586-8834. SP-13 COST LIMITATIONS AND INCIDENTAL WORK ITEMS: 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 proposal items shall be eliminated shall be the responsibility of the Owner. The following items are considered incidental work. The cost of these items will not be paid separately and shall be merged with applicable items. Incidental work includes but is not limited to: • Taxes, Insurance • Dust control, prevention measures to prevent mud tracking onto streets and periodic street cleaning • Temporary safety equipment, fencing, barricades and flashing lights • Overhead and Profit • Overtime Costs • Mobilization/Demobilization including Subcontractors • Clean-up, providing and removing trash receptacle and temporary sanitary facilities, site reconstruction • Contractor Testing and Fees and Charges by the City for city testing services • Dewatering of Groundwater or Surface Water and Associated Permitting • Establishment, Maintenance and Removal of on -site offices or buildings • Repair of Any Damaged Facilities (Including Overhead and Marked Underground Utilities) • Soils/Groundwater/Underground Utilities Investigation and Exploratory Excavation • Disposal of Excess Trench Excavation and Construction Debris • Fees Associated with any Required Permits, Licenses, and/or Registrations • Cost Associated with Implementing and Conforming to any Permit Requirements • Traffic Control including plan preparation, submittal, coordination and implementation • Landowner Notification • Staking • Submittals • Protection of Existing Pavement with pads on outriggers and other accessories as necessary. Repair of damaged pavement located outside of designated pavement removal areas. • Delays due to underground utilities coordination, relocation, repair or exposure. The only SPECIAL PROVISIONS PAGE 6OF12 allowance by the Owner for any delay will be an extension of the contract time. Any delay, additional work, or extra cost to the Contractor caused by an existing utility installation shall not constitute a claim for extra work, additional payment, standby time, or damages. SP-14 STORM WATER DISCHARGE PERMIT WASTE DISPOSAL EROSION WATER POLLUTION AND SILTATION CONTROL: The Contractor is required to obtain an `Under 1-Acre Stormwater Permit' from the City of Bozeman. The Contractor is responsible for proper disposal of all waste soils and materials. 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 compliance with state law. 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 and stormwater runoff. All debris or waste materials shall be cleaned up by the end of the work day. SP-15 REPORTS OF SUBSURFACE EXPLORATIONS, TESTS OF SUBSURFACE CONDITIONS, DRAWINGS OF PHYSICAL CONDITIONS OF EXISTING SUBSURFACE AND SUBSURFACE STRUCTURES AND HAZARDOUS CONDITIONS.: • There are no excavation logs of explorations and/or tests of subsurface conditions used by the ENGINEER in preparing the documents. • There are no reports or drawings relating to Hazardous Environmental conditions identified at the site. SP-16 SCHEDULING AND NOTIFICATIONS: 1. Maintain a 24-hour per day telephone number for Contractor's Superintendent. The telephone number must be on file at the City Public Works Department prior to the start of construction. SPECIAL PROVISIONS PAGE 7 OF 12 2. Notify affected residents, businesses, emergency services (police, fire and ambulance), bus companies and the City in writing a minimum of twenty-four (24) hours in advance of all roadway closures. 3. Notify the City Office and Engineer at least forty-eight (48) hours in advance of plans to work more than 8-hour shifts, or on weekends or holidays. 4. Notify adjacent residents, businesses, tenants, and property owners a minimum of seventy-two (72) hours in advance of work commencing. This notification shall be made by delivering a written notice to the residents, business, tenants, and property owners on a form approved by the Engineer. The notice shall include the following: project name; contact number and address for the contractor; summary of work being performed; and the estimated duration of the work. Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the Owner 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 location. SP-17 NOISE IMPACT: Contractor shall comply with City of Bozeman work hour restrictions of 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside these hours unless specifically approved by the Owner. SP-18 RIGHT-OF-WAY: The Owner will furnish lands and right-of-way for all work. The Contractor shall confine his construction operations within the easement and right-of-way locations shown on the plans, and shall use due care in placing construction tools, equipment, excavated materials, and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The Contractor shall not encroach on private property that is not designated to use by the Project Owner without written permission of the property owner and approval of the Project Owner. SP-19 PRECONSTRUCTION CONFERENCE: After the contract has been awarded, but before the start of construction, a conference will be held at the City Engineer's Office, 20 E. Olive Street, 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 SPECIAL PROVISIONS PAGE 8OF12 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. SP-20 ABANDONING EXISTING STORM PIPE: Existing storm sewer pipe shall be abandoned in place or removed. If abandoned in place, the ends of the main shall be plugged and the main completely filled with flowable (non -shrink) backfill. In many instances, the existing pipe is near the location of the proposed storm pipe, so in lieu of abandoning in place, the CONTRACTOR may choose to remove the main and dispose of offsite. Regardless of the method chosen, measurement and payment for this work and all costs associated with abandoning the main in place or removing shall be merged into the cost of the storm pipe installation item and will not be paid separately. SP-21 CONSTRUCTION TRAFFIC ROUTES: To the greatest extent possible, the Contractor shall utilize the arterial and collector streets in the area for access to and from the site. This includes general construction traffic in addition to the transport of equipment and materials to and from the site. The streets in the area that meet this designation include; Main Street, East Mendenhall Street and Rouse Avenue. The Contractor shall receive prior approval from the Engineer in order to use any local residential streets for a short term construction traffic route. SP-22 ACCESS TO RECORDS: The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. SP-23 MEASUREMENT AND PAYMENT: SCOPE: The following description of work, measurement of pay quantities and method of payment will govern payment to the Contractor under this Contract. Payment for these items will be full compensation for the completed item of work furnished and installed and the cost of any incidental work, coordination, work necessary to place all items into service, contractor furnished testing and materials designs per SP-10 and miscellaneous materials required to complete the item. All work not specifically set forth as a pay item in the Proposal Form shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included and in the prices bid. The measurement and payment sections of the MPWSS are superseded by this Special Provision and are to be disregarded. 100. Treatment Unit A Measurement and Payment are by Numerical Count for each 72 inch diameter Hydrodynamic Separator Treatment Unit A installed and accepted as complete. Work includes all labor, equipment and materials necessary for installation of the unit complete. This item includes furnishing and installation of the concrete structure and internal components, concrete grade rings, sealant, frame and cover castings, and pipe connections complete. It also includes excavation, dewatering, washed rock base, flowable SPECIAL PROVISIONS PAGE 9 OF 12 fill backfill, testing, and all other work necessary or incidental to the item. 101. Treatment Unit B Measurement and Payment are by Numerical Count for each 72 inch diameter Hydrodynamic Separator Treatment Unit B installed and accepted as complete. Work includes all labor, equipment and materials necessary for installation of the unit complete. This item includes furnishing and installation of the concrete structure and internal components, concrete grade rings, sealant, frame and cover castings, and pipe connections complete. It also includes excavation, dewatering, washed rock base, flowable fill backfill, testing, and all other work necessary or incidental to the item. 102. Treatment Unit C Measurement and Payment are by Numerical Count for each 60 inch diameter Hydrodynamic Separator Treatment Unit C installed and accepted as complete. Work includes all labor, equipment and materials necessary for installation of the unit complete. This item includes furnishing and installation of the concrete structure and internal components, concrete grade rings, sealant, frame and cover castings, and pipe connections complete. It also includes excavation, dewatering, washed rock base, flowable fill backfill, testing, and all other work necessary or incidental to the item. 102. Treatment Unit D Measurement and Payment are by Numerical Count for each 72 inch diameter Hydrodynamic Separator Treatment Unit D installed and accepted as complete. Work includes all labor, equipment and materials necessary for installation of the unit complete. This item includes furnishing and installation of the concrete structure and internal components, concrete grade rings, sealant, frame and cover castings, and pipe connections complete. It also includes excavation, dewatering, washed rock base, flowable fill backfill, testing, relocation of existing power line as necessary and all other work necessary or incidental to the item. 103. 48-Inch Manhole Measurement and Payment are by Numerical Count for each 48" diameter manhole installed and accepted as complete. Work includes all labor, equipment and materials necessary for installation of the manhole complete. This item includes furnishing and installation of a manhole barrel, base, precast cover, concrete adjusting rings, sealant, steps, frame and cover castings, and pipe connections complete. It also includes excavation, dewatering, screened rock base, flowable fill backfill, testing, and all other work necessary or incidental to the item. Additional depth of the manhole is not measured and shall be included in the item price if applicable. 104. 36-Inch Inlet Measurement and Payment are by Numerical Count for each 36" diameter storm inlet installed as detailed and accepted as complete. Work includes all labor, equipment and materials necessary for installation of the inlet complete. This item includes excavation, removal and disposal of the existing storm drain inlet, furnishing and installation of an inlet barrel, base, precast cover, sealant, inlet casting, and pipe connections complete. It also includes excavation, dewatering, washed rock base, flowable fill backfill, testing, and all other work necessary or incidental to the item. 105. 18-Inch PVC Pine shall be measured by the Linear Foot along the centerline of the pipe through manholes, fittings and appurtenances. Payment will be made at the contract price per SPECIAL PROVISIONS PAGE 10OF12 linear foot, which shall include excavation, removal and disposal of trench materials; sawcutting, removal and disposal of existing storm water pipe; abandonment of existing storm water pipe as necessary; furnishing and installing pipe, couplers and fittings; flowable fill backfill; cleaning; testing; connections to new manholes, inlets and treatment structures; detectable warning tape; locating and crossing utility lines and all other work necessary or incidental to the item. 106. 21-Inch PVC Pine shall be measured by the Linear Foot along the centerline of the pipe through manholes, fittings and appurtenances. Payment will be made at the contract price per linear foot, which shall include excavation, removal and disposal of trench materials; sawcutting, removal and disposal of existing storm water pipe; abandonment of existing storm water pipe as necessary; furnishing and installing pipe, couplers and fittings; flowable fill backfill; cleaning; testing; connections to new manholes, inlets and treatment structures; detectable warning tape; locating and crossing utility lines and all other work necessary or incidental to the item. 107. 12-Inch PVC Pine shall be measured by the Linear Foot along the centerline of the pipe through manholes, fittings and appurtenances. Payment will be made at the contract price per linear foot, which shall include excavation, removal and disposal of trench materials; sawcutting, removal and disposal of existing storm water pipe; abandonment of existing storm water pipe as necessary; furnishing and installing pipe, couplers and fittings; flowable fill backfill; cleaning; testing; connections to new manholes, inlets and treatment structures; detectable warning tape; locating and crossing utility lines and all other work necessary or incidental to the item. 108. Asphalt Surfacing Measurement and Payment are by the Square Yard installed and accepted as complete per plan quantity. Work includes all labor, equipment and materials for sawcutting (or equivalent); excavation, removal and off -site disposal of existing surfacing; furnishing and applying tack oil on adjacent vertical faces; furnishing, installing, hauling, placing, shaping and compacting asphaltic materials and furnishing the paving mix design and samples of gravel and asphalt cement materials as necessary, testing, and all other work necessary or incidental to the item. See the plans for plan quantity calculation. No field measurement will be made for this item. 109. Curb and Gutter shall be measured by the Linear Foot along the top back of curb. Payment will be made at the contract price per linear foot, which price shall include sawcutting; excavation; removal or existing concrete and/or curb and gutter as necessary; subgrade compaction and preparation; furnishing, installing, shaping, flowable fill materials; furnishing concrete materials; concrete mix design; form work, placement, curing concrete; all pre - molded material for expansion joints; contraction joints; backfill of flowable fill materials adjacent to the back of the curb; field and laboratory concrete testing and all other work necessary or incidental to the item. 110. Sidewalk Measurement and Payment are by the Square Foot installed and accepted as complete as measured in the field. Work includes all labor, equipment and materials for sawcutting (or equivalent); excavation, removal and off -site disposal of existing concrete surfacing; subgrade compaction and preparation; furnishing, installing, shaping, flowable SPECIAL PROVISIONS PAGE 11 OF 12 fill materials; furnishing, installing, hauling, placing, shaping and compacting washed rock materials; furnishing concrete materials; concrete mix design; form work, placement, curing concrete; all pre -molded material for expansion joints; contraction joints; field and laboratory concrete testing and all other work necessary or incidental to the item. 111. Connect To Existing Manhole Measurement and Payment are by Numerical Count of each existing manhole or inlet connection installed complete and accepted. Work includes all labor, equipment and materials necessary for confined space entry and installation of the connection. This item includes furnishing of all materials, excavation, existing pipe removal, sawcut connection opening, furnishing and installing waterstop ring, furnishing and field placement of concrete collar, furnishing and installation of non -shrink grout, watertight plug and non -shrink grout of existing pipe penetrations as necessary, flowable fill backfill and all other work necessary or incidental to the item. 112. Remove and Reset Sign Measurement and Payment are by Numerical Count of each existing sign removed, stored and reset complete and accepted. Work includes all labor, equipment and materials necessary for excavation, salvage, storage and installation of an existing sign. This item includes furnishing of all replacement materials as necessary, excavation, existing sign removal without damage, sign removal and storage off -site, reinstallation of the existing sign, flowable fill backfill and all other work necessary or incidental to the item. 113. Miscellaneous Work Measurement and Payment are by Numerical Count of each unit. The unit price for each unit is $1.00. The work shall include labor, equipment and materials necessary to perform additional work requested by the Owner. This item shall be used to pay for work items which are determined to be additional to the work defined in the other Contract Bid items. This work shall be utilized at the Owners discretion. The value of the work will be approved in writing by the Owner and Contractor prior to commencement of any work. SPECIAL PROVISIONS PAGE 12 OF 12 TECHNICAL SPECIFICATIONS The following specification sections and standard drawings of the "Montana Public Works Standard Specifications, Sixth Edition" (MPWSS), April 2010, including any Addenda thereto, are hereby incorporated into these contract documents by reference. The modification included in the project manual and referenced by section supersedes the MPWSS. This specification does not include the Bidding Requirements, Contract Forms and Conditions of the contract portion of the MPWSS. Section Description of Section DIVISION 1: GENERAL REOUIREMENTS: - 01050 Field Engineering - 01090 References - 01300 Submittals - 01400 Contractor Quality Control and Owner Quality Assurance - 01500 Construction and Temporary Facilities - 01570 Construction Traffic Control - 01700 Contract Closeout DIVISION 2: SITEWORK: SECTIONS 02100 — SITE PREPARATION - 02110 Geotextiles - 02112 Removal of Existing Pavement, Concrete Curb, Sidewalk, Driveway and/or Structures SECTIONS 02200 — EARTHWORK - 02221 Trench Excavation, Backfill for Pipelines/Appurtenant Structures - 02225 Flowable Fill - 02235 Crushed Base Course SECTIONS 02500 — PAVING AND SURFACING - 02502 Asphalt Prime and/or Tack Coat - 02510 Asphalt Concrete Pavement - 02510 Concrete Curb and Gutter - 02529 Concrete Sidewalks, Driveway, Approaches, Curb Turn Fillets, Valley Gutters and Miscellaneous New Concrete Construction SECTIONS 02700 — SEWERAGE AND DRAINAGE - 02720 Storm Drain Systems DIVISION 3: CONCRETE: SECTION 3300 CONCRETE - 03210 Reinforcing Steel - 03310 Structural Concrete TECHNICAL SPECIFICATIONS PAGE 1 OF 11 MODIFICATIONS TO THE MPWSS SECTIONS LISTED ABOVE: SECTION 01050 — FIELD ENGINEERING PART 1: GENERAL 1.1. Engineering Surveys REPLACE: Paragraph A-D with "See SP-9 Construction Staking" SECTION 01090 — REFERENCES PART 1: GENERAL 1.2. Definitions DELETE: 1.2 in its entirety SECTION 01300 — SUBMITTALS PART 1: GENERAL 1.1 Construction Schedules: DELETE: 1.1 in its entirety. 1.2 Shop Drawings: A. CHANGE TO: "Submit shop drawing to Engineer." B. CHANGE TO: "Review all shop drawings prior to submittal." D. REMOVE: 2nd Paragraph REPLACE with: "Submit the number of copies per Special Conditions SP- W1 SECTION 01400 — CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE NOTE: See Special Provisions SP-10 for City of Bozeman furnished testing and inspection services. All other portion of the MPWSS Section 1400 will remain in effect. SECTION 01570 - CONSTRUCTION TRAFFIC CONTROL 1.3 NOTIFICATIONS Add the following: D. Notify adjacent businesses, police department, fire department, ambulance services, and bus companies of any planned street closures a minimum of 24 hours before closing any street. TECHNICAL SPECIFICATIONS PAGE 2 OF 11 Add the following section: 1.4 STANDARD DRAWINGS Refer to the following Standard Drawings Attached: City of Bozeman Standard Drawing No. 01570-4, Traffic Control, Minimum Standard, Urban Work Site, 2 Lane Road, 1 Lane Partially or Fully Closed by Work Area City of Bozeman Standard Drawing No. 01570-7, Pedestrian Traffic Control for Temporary Sidewalk Closure 4.1 PAYMENT Add the following section: D. Measurement and payment for Construction Traffic Control will be made only if listed as a separate item in the bid documents. If not listed in the contract 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. SECTION 01700 — CONTRACT CLOSEOUT PART 1: GENERAL 1.1A 1.2A REMOVE: "(as outlined in Section 14.06 of the General Conditions)" REMOVE: "(as outlined in Section 14.06 of the General Conditions)" 1.4 WARRANTIES AND BONDS Add the following requirement: B. Prior to acceptance of the publicly maintained infrastructure, the Contractor shall post a Maintenance Bond with the Owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found within the two-year warranty period. The City of Bozeman shall be named as a dual oblige on the bond. The City of Bozeman expressly reserves the right to draft the Maintenance Bond for repairs not completed by the Property Owner, Developer, or Contractor within thirty calendar days of being advised that repairs are required. The Commencement Date for the Maintenance Bond shall be the date of acceptance by the City of Bozeman on the Certificate of Completion and Acceptance. The Maintenance Bond shall remain in full force for the two-year period following this date, however if the expiration date for the Maintenance Bond falls after November TECHNICAL SPECIFICATIONS PAGE 3 OF 11 16, the expiration date of the Maintenance Bond shall be June 30 of the following year. Maintenance Bonds may be in the form of a Surety Bond or a Certified Check. SECTION 02110 — GEOTEXTILES PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. SECTION 02112 — REMOVAL OF EXISTING PAVEMENT, CONCRETE CURB, SIDEWALK, DRIVEWAY AND OR STRUCTURES PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. SECTION 02221- TRENCH EXCAVATION, BACKFILL FOR PIPELINES & APPURTENANTSTRUCTURES PART 2: PRODUCTS 2.1.A.2. CHANGE TO: "Provide Type 1 bedding consisting of imported sand, sandy gravel, or fine gravel having a maximum % inch size and a maximum plasticity index of 6, determined by AASHTO T89 and T90 or by ASTM D4318." 2.2.A. and B. REPLACE WITH: "A. All trench backfill on this project will be flowable fill." PART 3: EXECUTION 3.1.A.1. ADD: "Replace any tree, bush, hedge, planter or similar vegetation or landscaping damaged during the course of the work with a planting equal to the damaged in kind, size, and location. The contract warranty period for performance applies also to the instances described herein." 3.1.A.2. REMOVE: V sentence references to Section 01041. 3.1.A.3. DELETE: 3.1.A.3 in its entirety 3.1.E.2 and 3. DELETE: 3.1.E.2 and 3 in its entirety 3.1.E.2 ADD: Exploratory excavation is incidental work and will not be paid Separately. 3.6.C.2. Trench Backfill: ADD Following Paragraph: "All trench backfill shall be Flowable Fill." TECHNICAL SPECIFICATIONS PAGE 4OF11 3.6.C.4. ADD: "Water from the City of Bozeman's municipal system may only be obtained from the metered service located at the Vehicle Maintenance Facility, 1814 N. Rouse Ave. The Contractor shall reimburse the City Water Department for the cost of the water used at a rate determined by the Water Department." 3.6.D.1. MODIFY this section as follows: Remove and dispose of excavated soils that are saturated and cannot be readily conditioned or dried to be made suitable, contain deleterious materials or have characteristics that, in the opinion of the ENGINEER, render the soils unsuitable as backfill. 3.6 F.1. Detectable Buried Warning Tape: CHANGE: First Sentence to "Install detectable warning tape." PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. SECTION 02225 — FLOWABLE FILL PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. SECTION 02235 — CRUSHED BASE COURSE PART 2: PRODUCTS 2.1 GENERAL A. ADD: "Limit the use of recycled concrete and/or asphalt in the crushed base course to a maximum of 50% by weight. Recycled materials shall be mechanically blended to assure thorough mixing." 2.2 CRUSHED BASE MATERIAL ADD: E. "When available, incorporate reclaimed glass cullet into the base course material. A minimum of 3% and a maximum of 15% of the base course material shall be recycled glass. The reclaimed glass shall be crushed so that 100% of the crushed glass passes a 3/8 inch screen. No more than 10% of the material retained on an individual sieve 1/4 inch or larger shall be glass, based upon visual examination and weight." PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. TECHNICAL SPECIFICATIONS PAGE 5OF11 SECTION 02502 — ASPHALT PRIME AND/OR TACK COAT PART 2: PRODUCTS 2.1 GENERAL A. ADD: "Do not use type SS-lh emulsified asphalt." PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. SECTION 02510 — ASPHALT CONCRETE PAVEMENT PART 2: PRODUCTS 2.5 COMPOSITION OF MIXES B. ADD: "Furnish Type B Asphalt Aggregate and furnish 58-28 Performance Graded Asphalt Binder (AASHTO Performance Graded Asphalt Binder Specification MP- 035 PART 3: EXECUTION 3.14 PATCHING B. Surface Preparations 3. ADD: d. Tack coat all existing asphalt edges prior to placing new asphalt concrete. e. If hot plant mix asphalt is not available, temporarily patch the pavement using a 3000 psi (minimum) concrete (M-3000 or C-3000) with a minimum thickness of 3 inches. Remove the temporary patches and replace with hot mix asphalt when it becomes available. 3.16 SPREADING AND FINISHING A. Spread and finish meeting the following requirements: 1. Furnish surface course asphalt for all patching and place in two (2) lifts. PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. TECHNICAL SPECIFICATIONS PAGE 6 OF 11 SECTION 02528 — CONCRETE CURB AND GUTTER PART 1: GNERAL 1.1 DESCRIPTION B. DELETE: Part B in its entirety. PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. SECTION 02529 — CONCRETE SIDEWALKS, DRIVEWAYS, APPROACHES CURB TURN FILLETS, VALLEY GUTTERS AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION PART 1: GNERAL 1.2 REFERENCES A. DELETE: Part A in its entirety. PART 2: PRODUCTS 2.2.A Reinforcing Steel: REVISE TO: "Use #4 rebar at 1' o.c. each way" No reinforcement required in 4 inch thick sidewalk. PART 2: EXECUTION 3.8.0 REVISE AS FOLLOWS: Divide sidewalk into sections using construction joints formed by a jointing tool or other approved methods. Extend the contraction joints into the concrete for at least one-fourth its depth and make joints approximately 1/8 inch wide. Space construction joints at maximum 10 foot intervals or a distance equal to the sidewalk width, whichever is less. Install expansion joints at all connections to existing sidewalk. PART 4: MEASUREMENT & PAYMENT DELETE: Part 4 in its entirety. TECHNICAL SPECIFICATIONS PAGE 7 OF 11 SECTION 02720 - STORM DRAIN SYSTEMS PART 1: GENERAL 1.4. Standard Drawings: DELETE: Entire Subsection PART 2: PIPE MATERIALS A. Concrete Pipe: DELETE: Entire Subsection C. DELETE: Entire Subsection D. Other Pipe Material DELETE: Entire Subsection E. Manholes e.1. REPLACE WITH: "Furnish precast concrete bases." F. Inlets and Catch Basins DELETE: Entire Subsection G. Hydrodynamic Separator Unit a. General 1. Furnish and install a commercially -available, hydrodynamic separator unit for storm water quality. The unit consists of a precast concrete manhole with internal components to accumulate and store settleable solids in a storage area isolated from the treatment flow path. In addition, the unit must capture free floating debris and floatable hydrocarbons. b. Materials 1. Hydrodynamic Separator Precast Concrete Manhole: Provide a precast concrete manhole manufactured with a strength of 4,000 psi and reinforced for H-20 loading in accordance with Montana Public Works Standard Specifications Section 03310 (Structural Concrete). Reinforce the concrete slab top and provide manhole frame and manhole cover for H-20 loading. Size manhole frames and covers as per the manufacturer's drawings. Use type 304 stainless steel masonry TECHNICAL SPECIFICATIONS PAGE 8OF11 fixing bolts for mounting of internal components. Joint all connections between manhole walls and base and between wall sections, adjusting rings, and frame making the manhole watertight. For all horizontal manhole wall joints, install a preformed, resilient, O-ring type, neoprene gasket in the joints that are resistant to hydrocarbons. 2. Internal Components: Design components to withstand loadings associated with fabrication, shipping, site installation, and normal operation of the equipment. 3. Bedding Material: Provide 1/4 inch minus screened or washed rock bedding. c. Design standards 1. Furnish units providing the hydraulic parameters listed below and the removal efficiencies and storage defined under the General Use Level Designation of the Washington State DOE Approved Pretreatment Technologies list. littps://ecology.wa. og v/Regulations-Permits/Guidance-technical- assistance/Stormwater-perniiitee-guidance-resources/Emerging- stormwater-treatment-tecluiol odes Provide a self -activating unit with no mechanical parts or external power requirements. Provide the unit in accordance with the lines, grades, and dimensions shown on the Plans and these specifications. One such unit is a Contech Engineered Solutions LLC, "CDS" or approved equal. 2. 72-Inch Hydraulic Separator Parameters: Location: N. 3' Avenue at alley north of Main Street N. Grand Avenue at alley north of Main Street N. Tracy Avenue at alley north of Main Street Maximum Flow Rate: 20 cfs Peak Treatment Flow Rate: 3.8 cfs Vessel Diameter: 6 ft (as shown in Plans) Sediment Storage Capacity: 2.1 cu. yd. minimum Oil Storage Capacity: 263 gal. minimum Total Suspended Solids Removal: 80% of particles w/ mean size of 125 microns a. Sediment Storage: Locate the sediment storage facility beneath the vortex chamber, to prevent re -entrainment of captured sediment. The unit must provide the means to remove sediment, free floating trash, TECHNICAL SPECIFICATIONS PAGE 9 OF 11 and hydrocarbons during normal operation without the use of sorbent material. The units must retain previously captured sediment, free floating trash and hydrocarbons during high flow events. b. Inlet Location: Provide a storage sump separated by internal components to prevent washout and without raising the water surface inside the tank. c. Floatables Trap: Provide a floatables trap separate from the treated effluent discharge area that prevents re -entrainment of captured floatables during surcharge conditions. d. Provide a unit that may be inspected and maintained from the surface without requiring entry into the structure (minimum 21" � access opening for cleaning). Provide access covers clearly marked to indicate that the structure is a treatment structure and provide access to sediment and floatable contaminant storage areas to facilitate maintenance. H. Shop Drawings a. Submit coordinated shop drawings to the Project Manager showing all components, subcomponents, and incidental items to be used to construct the units. Show all materials, components, finishes, fastenings, weld symbols, coatings, standards, etc. Include only manufacturer's standard details that pertain to this project with submitted shop drawings. Provide manufacturer's contact information. Provide supporting calculations for headloss and flows. I. Testing Provide 48 hours notification to Project Manager prior to testing concrete structures for water tightness. Fill the concrete structures to their high water level and allow time to soak the structure in advance of performing leakage tests. Measure the leakage from the structure by checking the water level drop over a 4 hour period. The water level shall have no measureable drop over the 4 hour period. J. Certificate of compliance 1. Furnish the Project Manager with a Certificate of Compliance certifying that the materials and fabrications of the Hydrodynamic Separator comply with this section of the specifications. K. Guarantee 1. Provide a warranty from the manufacturer stating that the material and workmanship of the Hydrodynamic Separator will be free from defects for three (3) years from the date of installation of the unit, and that the TECHNICAL SPECIFICATIONS PAGE 10 OF 11 manufacturer will correct by repair or replacement any such defect discovered within three (3) years from the date of installation. L. Operation and maintenance 1. Provide three (3) copies of an operations and maintenance manual to the Project Manager including a recommended clean -out schedule and method for removing entrapped materials. PART 3: EXECUTION 3.1.F ADD AS FOLLOWS: Install detectable buried warning tape centered over all storm sewer mains. Install tape a minimum of 18" and maximum of 24" below finish grade. 3.5 ADD AS FOLLOWS: D. T.V. Inspection 1. All storm drains are required to be inspected using a television camera before final acceptance. All television inspections of new storm drains shall be done by the City of Bozeman Sewer Department. Schedule inspections with the Sewer Department a minimum of one week in advance. De - watering equipment must be shut down a minimum of 24 hours prior to the television inspection to allow ground water to return to typical levels. Adequately flush the storm drain lines prior to each television inspection. T.V inspection of dry lines is not acceptable. A storm drain will be considered deficient and unacceptable if 1) the alignment is outside of specified limits, 2) water ponds in any section to a depth equal to or greater than a value of 2 times the grade tolerance specified, or 3) the pipe has visible defects such as open joints, pinched gaskets, cracked barrels or bells, or similar defects. Correct any deficiencies and schedule a re -inspection by the Sewer Department, PART 4: MEASUREMENT & PAYMENT DELETE. Entire Part 4. SECTION 03310 - STRUCTURAL CONCRETE PART 4: MEASUREMENT & PAYMENT DELETE: Entire Part 4. 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