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16- Contract Documents - Knife River Belgrade - North 27th Avenue Expansion
i y Contract Documents and Specifications For:: North th � . o h n Avenue Expansion Bozeman, Montana R August 2016 Prepared For: The City of Bozeman Prepared Bv: BOWL INSPIRATION ^ INNOVATION . INTEGRITY ` 2090 Stadium Drive Bozeman, MT 59715 Construction Set 8/26/16 Contract Documents and Specifications For: North 27t" Avenue Expansion Bozeman , Montana August, 2016 Prepared For. The City of Bozeman Prepared By DOWL Project#: 4524.11748.01 Approved By: D O W L IM5PIfZ'A?ItlN INNOVATItlH : INTEGRITY 2090 Stadium Drive Bozeman, MT 59718 (406) 586-8834 CONSTRUCTION SPECIFICATION INDEX The governing specifications for this work that are incorporated into this project by reference are: • The Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010 • City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition(COB MODS), dated March 31, 2011, including all addenda • The above documents may be further modified by the specification sections contained within this document. • In the case of contradicting requirements, the most stringent specifications shall apply. Bidding Requirements, Contract Forms and Conditions of the Contract Section Title Location 00100 Invitation to Bid Included herein 00200 Instructions to Bidders Included herein 00300 Bid Form Included herein Non-Discrimination Affirmation Form (City of Bozeman Form) Included herein 00430 BID BOND Included herein 00500 Agreement Form Included herein Montana Prevailing Wage Rates for Heavy Construction (MT. Dept. of Labor & Industry - Latest Version) Included herein Standard General Conditions of the Construction Contract MPWSS Supplementary Conditions to the General Conditions MPWSS MISCELLANEOUS FORMS Notice of Award Included herein Notice to Proceed Included herein Performance Bond Included herein Payment Bond Included herein Contractor's Application for Payment Included herein Certificate of Substantial Completion Included herein Work Change Directive Included herein Field Order Included herein Change Order Included herein Order to Contractor to Suspend Work Included herein Order to Contractor to Resume Work Included herein Contractors Certificate and Release MPWSS Lien Waiver for Prime Contractor MPWSS Lien Waiver for Subcontractor/ Supplier MPWSS TABLE OF CONTENTS (continued) All other Divisions, Sections and requirements shall remain in full force and effect. In addition to the technical specifications included by reference above (listed at the top of this index), the following technical specifications also apply to this project. DIVISION 1 —GENERAL REQUIREMENTS 01000 Special Provisions Included herein 01005 Measurement and Payment Included herein 01500 Construction and Temporary Facilities COB MODS 01570 Construction Traffic Control COB MODS 01700 Contract Close-Out COB MODS DIVISION 2—SITE WORK MPWSS /COB MODS 02113 Adjusting Existing Manholes, Lampholes, COB MODS Inlets, Water Valve Boxes, Water Services And Fire Hydrants To Grade 02221 Trench Excavation And Backfill For COB MODS Pipelines And Appurtenant Structures 02502 Asphalt Prime And/Or Tack Coat COB MODS 02510 Asphalt Concrete Pavement COB MODS 02528 Concrete Curb And Gutter COB MODS 02529 Concrete Sidewalks, Driveways, COB MODS Approaches, Curb Turn Fillets, Valley Gutters And Miscellaneous New Concrete Construction 02581 Pavement Markings and Markers COB MODS 02582 Reflective Thermoplastic Pavement COB MODS Markings 02660 Water Distribution System COB MODS 02720 Storm Drain Systems Included herein 02760 Pipe Sleeves Included herein 02910 Seeding Included herein 02930 Erosion Blanket Included herein 09810 Street Signs COB MODS DIVISION 3 — CONCRETE MPWSS COB MODS END OF SECTION SECTION 00100 INVITATION TO BID NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: North 27t" Avenue Expansion Separate sealed bids for construction of the North 27th Avenue Expansion 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, September 14, 2016 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 North 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 2:00 p.m., local time, September 14, 2016. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work is generally described as follows: Construction of approximately 1,140 linear feet of new roadway for the northbound lanes of North 27th Avenue between Oak Street and Tschache Lane with curb and gutter, sidewalk, raised median, storm water conveyance and retention pond, pavement marking, signing, and street lighting. The project also includes additional pavement marking and signing improvements to the existing North 27th Avenue roadway sections between Oak Street and Baxter Lane. The Contract Documents may be examined or obtained at the DOWL office, located at 2090 Stadium Drive, Bozeman, MT 59715, 406-586-8834, in accordance with the Instruction to Bidders. Required deposit is $20.00 per set, which is not refundable. Electronic files may be obtained upon request. z There will be an OPTIONAL Pre-Bid Conference at the DOWL Office, located At 2090 Stadium Drive, Bozeman, MT at 1:00 PM, TUESDAY, September 6, 2016. Interested CONTRACTORS are urged to attend or send a representative. 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 Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Q:\24\11748-01\50Design\Bid Documents\Section 00100—INVITATION TO BID.docx 00100 - 1 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, September 14, 2016. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the 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, 28tn day of August, 2016. Robin Crough City Clerk, City of Bozeman Published Bozeman, Montana, August 28, 2016 September 4, 2016 Q:\24\11748-01\50Design\Bid Documents\Section 00100_INVITATION TO BID.docx 00100 - 2 SECTION 00200 INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: CITY OF BOZEMAN NORTH 27THAVENUE EXPANSION PROJECT. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by,or 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 of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others,may be required to submit satisfactory evidence of this authority to do so. The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. " QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid,the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the 1 INSTRUCTIONS TO BIDDERS work; and (d) has appropriate technical experience. 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, 6 ch Edition(MPWSS), shall be used to govern the contractual and performance aspects of this project,and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 61'Edition(COBMODS),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 ofthe 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............................ Included Herein Instructions to Bidders.................. Included Herein Bid Form...................................... Included Herein Bid Bond...................................... Included Herein Agreement Form........................... Included Herein Performance Bond........................ MPWSS/Included Herein Payment Bond.............................. MPWSS/Included Herein Standard General Conditions........ MPWSS/Included Herein Supplementary Conditions............ MPWSS/Included Herein Miscellaneous Forms Notice of Award................. Included Herein Notice To Proceed.............. MPWSS/Included Herein Field Order.......................... MPWSS/Included Herein Change Order...................... Included Herein Work Change Directive....... MPWSS/Included Herein Application For Payment (Guidance Only)............... Included Herein Certificate of Substantial Completion........................ MPWSS Order to Contractor to Suspend Work............... Included Herein 2 INSTRUCTIONS TO BIDDERS Order to Contractor to Resume Work............... Included Herein Contractors Certificate And Release............... MPWSS Lien Waiver for Prime Contractor................ MPWSS Lien Waiver for Subcontractor/Supplier... MPWSS Wage Rates................................... Included Herein Special Provisions.......................... Included Herein Technical Specification................... MPWSS, COBMODS, &Included Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must(a) examine the Contract Documents thoroughly(b)visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws,ordinances,rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness,nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request,Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans,it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. 3 INSTRUCTIONS TO BIDDERS No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry ofthe related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. 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 of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Only proposals contained within bound copies of the Contract Documents obtained directly from the Engineer will be considered. 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: 4 INSTRUCTIONS TO BIDDERS Name of Project: CITY OF BOZEMAN NORTH 27TH AVENUE EXPANSION PROJECT. Name of Contractor: k,,,l (�- Montana Certificate of Contractor Registration No. /cep Receipt Acknowledge t of Addendum No.:�, , p In the lower left hand corner of the envelope print or type: r BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. I September 14, 2016. 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. ONLY PROPOSALS CONTAINED WITHIN BOUND COPIES OF THE CONTRACT IDOCUMENTS OBTAINED DIRECTLY FROM THE CITY WILL BE CONSIDERED. 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-5 INSTRUCTIONS TO BIDDERS l fact. If signed b an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing g Y authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: I By: -- Corporate Seal Title: 1l , G�� ►2�si� r' G , 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 r 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 g charge in his bid price. 1 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 6 INSTRUCTIONS TO BIDDERS may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities,and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. MODIFICATION AND WITHDRAWAL OF BID 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 ofOWNERthat there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or 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. Ifthe 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 7 INSTRUCTIONS TO BIDDERS be required in the performance of the work. AWARD OF CONTRACT BIDDERS shall submit a Bid on a unit price basis for each item of Work listed for all Bid Schedules as provided in the Bid Form and as described below. The Bid will not be considered unless the Bid Form contains prices for all unit price items, and alternates, as shown on the Bid Form. 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. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award 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 any time 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. 8 INSTRUCTIONS TO BIDDERS RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten(10)days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) 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 ofthe 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. Only proposals contained within bound copies of the Contract Documents obtained directly from the Engineer will be considered. 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 9 INSTRUCTIONS TO BIDDERS accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed at 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. 10 INSTRUCTIONS TO BIDDERS SECTION 00300 BID FORM PROJECT IDENTIFICATION: North 271"Avenue Expansion City of Bozeman, Gallatin County, Montana THIS BID SUBMITTED TO: City Clerk City Hall 121 N. Rouse Avenue PO Box 1230 Bozeman MT 59771-1230 1.01 The undersigned Bidder proposes and agrees if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents, to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and Instruction to Bidders, including without limitations, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. Y QA24\11748-01\50Design\Bid Documents\Section 00300_BID FORM.docx 00300 - 1 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged the following Addenda: Addendum No. Addendum Date 1 9/8/2016 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazard Environmental Condition, if any, which has been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance of the Work at the prices(s) bid and within the times and in accordance with any other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. QA24\11748-01\50Design\Bid Documents\Section 00300_BID FORM.docx 00300 - 2 Ai ® OWL ADDENDUM NO. I PROJECT: North 27th Avenue Expansion PROJECT NO: 4524.11748.01 OWNER: City of Bozeman ENGINEER: DOWL 2090 Stadium Drive Bozeman, MT 59715 DATE: September 8, 2016 TO: All Plan Holders The 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 3 enclosures. SPECIFICATIONS TABLE OF CONTENTS The table of contents has been updated to reference section 02760. SECTION 00300—BID FORM Modification of this section. Section 3.01.A on page 00300-2 has been modified to reference Addendum #1. Section 5.01 on page 00300-4: Bid Sheet, has been modified to include item 129, Pipe Sleeves, and to update the quantity for Item 114. SECTION 01005—MEASUREMENT AND PAYMENT Modification of this section. Section 1.04.0 on page 01005-5 has been modified to include Item 129 — Pipe Sleeves. SECTION 02760—PIPE SLEEVES Addition of this specification. PLAN SHEETS SHEET E•1 Additional pavement marking removal was added. SHEET C•1 This sheet was revised to include new pipe sleeves in the plan view beneath N. 27th Avenue and the adjacent sidewalk. Q:\24\i 1 7 4 8.01\50Design\Bld Documenls%Addendum#11N.27th Ave.Expansion-Addedum tlt.docx t Yam: � F Th€s sleet.was revised to reflect additional pavement markings, SH This sheet was revised to show mainline electrical conduit callouts with 2p schedule 80 PVC conduits. SHEET L-4 This sheet was revised to show mainline electrical conduit callouts with 2'schedule 80 PVC conduits. END OF ADDENDUM NO, I ENCLOSURES- Revised Specifications Sections JOC, 00300, 01005,02760) Revised Plan Sheets( •1, C-1, S•1, L-1, L•4) Pro-Bid Sign Its Sheet ISSUED BY; DOWL � Qugla P.l=�scher, P'E. p � k ACKNOWLEDGMENT OF ADDENDUM#1 The Bidder has received and examined Addendum#1 in the Bid Form and shall submit this Addendum#1 with the Contract Documents. RECEIVED BY: - tt f4tal Title Date Q:V4111748-OMODesignISId Documen131Addenduns#111d.771ft AVe.Expansion-Addedum#1.doex I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. The BIDDER certifies that no official of the OWNER, ENGINEER or any member of such official's immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the BIDDER. e QA24\11748-01\50Design\Bid Documents\Section 00300_BID FORM.docx 00300 - 3 5.01 The Bidder will complete the Work in accordance with the Contract Documents and the provisions below for the following price(s) as summarized in the Bid Sheet Schedule(s) below: BID SHEET ITEM ESTIMATED UNIT TOTAL NO DESCRIPTION QUANTITY UNIT PRICE PRICE 101 Mobilization/Demobilization(3%Max) 1 LS �z 102 Taxes, Bonds,Insurance and 1 LS Administrationjarao." ����•�' 103 Erosion Control 1 LSi 104 Traffic Control 1 LS 105 Remove Existing Curb and Gutter 165 LF I 106 Relocate Fire Hydrant I EA 50 107 Existing Water Valve Boxes to Adjust 3 EA 108 Existing Sewer Manholes to Adjust 1 EA 109 15" Storm Drain Pipe-PVC 773 LF 110 Inlet-Standard Square 3 EA �� y , III Type A Backfill 101 CY 112 Retention Pond 1 LS IP 113 Excavation 1,908 CY 114 Embanlanent 1,234 CY 7. 115 Geotextile Fabric 3,550 Sy 2,®- 116 3"Minus Crushed Sub-Base Course 1,184 CY33,0" I167 ,�� 117 1.5" Minus Crushed Base Course 550 CY Bvo,ZP 118 Asphalt Concrete Pavement(4"Thick) 628 TONS 3 119 Concrete Curb and Gutter 2,511 LF 120 Concrete Sidewalk(4" Thick) 7,470 SF 115.50 �q 121 Street Lighting 1 LSD, 122 Pavement Marking I LS25 �r, 123 Curb Paint 2,281 LF 124 Seeding 4,177 SY 125 Flexible Delineator(Yellow) 15 EA 126 New Sign 11 EA �(Sa,�' 127 Reuse Sign f0 EA25, $30_z,�_ 128 Remove Sign 4 EA .a� 129 Pipe Sleeves 239 LF TOTAL ESTIMATED BID PRICE $ ` 5 . 37t, �'n (Figures) TOTAL ESTIMATED BID PRICE Al,,v,--r-7 (Words) --r.-7 .4n1� 2�a2o c��-rs QA24\11748-01\50Design0d Documents\Section 00300_BID FORMA= 00300 - 4 A. Unit Prices have been computed in accordance with Paragraph 11.03.13. of the General Conditions. B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. C. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed above after extensions are checked and corrections made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract. D. The OWNER reserves the right to reject any or all bids. E. The OWNER reserves the right to award none, any or all of the bid schedules. Depending upon funds available, the OWNER may choose to complete any combination of bid schedules, and reserved the right to award the project to the bidder with a combination of bid schedules that results in the project that is in the OWNER's best interest. The OWNER is not bound to award the bid schedules in any particular order. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of the Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond identified in the Instructions to Bidders. B. Non-Discrimination Affirmation Form. C. Acknowledge and attach all Addenda. QA24\11748-01\50Design0d Documents\Section 00300_BID FORMA= 00300 - 5 8.01 The terms used in this Bid with the initial capital letters have the meanings indicated in the Instructions To Bidders, General Conditions, and the Supplementary Conditions. SUBMITTED on (Date) Montana Contractor's Registration O Employer's Tax ID No. - 0 q(15 (-, If BIDDER is: An Individual: (Name typed or printed) By: (Individual's Signature) Doing business as: Business Address: Phone No.: FAX No.: A Partnership: (Partnership Name) By: (Signature) (Name,typed or printed) Business Address: Phone No.: FAX No.: Q:124111748-01150Designl8id Documents\Section 00300_BID FORM.docx 00300- 6 A Corporation: _ " eC— (Corporation Name) State of Incorporation: t�'(O�►�',r ,� Type (General Busines , Professional, Service,Limited Liability): 1 � �.{ 1 Ll By: (Signatyre of person authorized to sign) Title: r r r � . X Attest: (Signature) ` Business Address: 0 O>c Phone No.: _ �-- (F g FAX No.: j ,� Date of Qualification To Do Business Is: li;-:�r ' J 9 9 C) (Corporate Seal) v W24111748-01150DesignOd Documents\Section 00300_BID FORM.doex 00300- 7 nlnsaWWI I�tt+ ,irtYr, t#ttfi1T pamsfn `a�tths�rxrift�er $ram 4 Gertifi�ata No 7 .Arnertcati�ire anti CasuaftjiCompany Ltt�erty l,,tutual ftsurancxanmpanyf The Ohio CasuMy Insurance Company Wes#Amerrcat3 lnsuraoce:Company = POWER DF:ATTORNEY - 'KNOWN ALL PERSONS BY THESE PRESENTS. ThatAmedcan Fire 8 Casualty Company and.The Ohio Casualty insurance Company-are corporations duly organized under the taws of the State of New Hampshire,that Liberty Mutual Insurance-Company is a corporation duty organized under the laws of the State of Massachusetts,and Wast AMericah_Insurance Company , is a corporation duty organized under the lays of the State of Indiana(herein w(lectivelyralled:the"Companiea'�pursuant to and by authority herein sat forth,does he name;conaftufe and appoint, Brian D.Carpentor Cralg Ulrnstead,HriAther R Goerite! tessica Hoff Jili N-SwarlsatrR LaarfoT�fluot fyttchelie Sylvester;Ntcnis.Langer,-. Nina E.We tein all of the city of.Minneapolis state of IMN each individually -"if there be morelttah oie.nariii its true sod lawful aftorney-ftl fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety aril as its aci*o deed any ffd all undertakings bonds;tecognf ances and other:surety obfigatltins to pursuance of these presents and:shM.. betas binding upon the Companies as d they Piave been. my signed:by flee president and attestedtiy iha ssasiary of lhi Cgnipan!as in their o rrn piaj7ar persons. : !N WITNESS WHEREOF,this Power of Aitaritey has betin subscrrtred by an.aufhanzecl oficer�r ofbcral of trill Companies and the_corporate seals of the Calnpantes have been affixed thereto this 22nd day of rii ::.2016 ik4oC4sr, cYrrsU Nsuf Nsu Amensati.�ireandGasuattyCninpany + . Casiralty_Insurance Company _ 1"9n6 v a . 'rera M _:i tz Maul s t.i*yMuluallnsuranceCompariy_ i a „ v West fcari Insurance Company STAfE OF PENNSYLVANtA ss David M.Carey Assistant Secretary COUNTY OF MONTGOMERY. -On this 22nei day of Apnl 2016 before me personally appeared David M.Carey,who aeknowledgad himself'to be the Assratank.:Secrefary.of American Ftrif and. :w Casuatty Company,Liberty Mutual Insurance Conipany,The Ohio Casualty Ipsuranea.Company,and West ftedean Insurance Company,and that fie,as such;being auihoized so to do; p i� execute the foregoing-instnrmenf for the purposes therein contained by signing of behalf of the corporations by himself as a duty authorized officer .IN WITNESS WHEREOF,t have hereunto subscribed nt name and affixed my notarial seal at PJynioufh Meeting Pennsylvania,on the day and year first above wrif e.n P,4�j, COMMONWEALTH OF PENNSYL,YANIA- @4�G��yaOHW �t NotarialSeat t ', rW c° r Tolosa Pastels.Notary Public. Sy. t3 r I moHas Tortisa Paste4la,Notary Public b L Y JWP Montgomery County �. Ally Comrtusswn Cxpires MHrch 2E.2a17 ,�;O _ � r, Marnis@t?ennsyivgnin ASsnclahanof N9tatrg5:. _ a: atRy r_m. This.Power ofAttorney ismade and executed pursuant to an by authority of the following$y laws andAuthorizationts ofAmemcan Fire and Castratty Company,The Ohio Casualty Insurance: r», -Company,Liberty Mu€ua(Insuranca Company,and West American Insurance Company which resolutions are now in hill force and effect loading as.kliows r;� ARTICLE IV—OFFICERS—Section 12,Power of Attorney:Any officer or other official of the Corporation t rp purpose in writing by the Chairman or the President,and subject' C., to such limitation as the Chairman or the President may prescrbe,shalt appoint such etforneys€n fact,as may be necessary to act in behatf of the Corporat€an to matte,.execute,seat, A,,. .acknowledge and deliver as surety any and all undertakings,bands,teczgnizances and other rely obligations. Such attorneys in fact,subject to thelimitations set forth in their respective ` powers of attorney,shall have full power to bind the Curporaiori by their signature and execution of any stick insmrments and to attach thereto Ills seal of.fhe Corporation;:When so ro executedi.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 representairve ar aifam' In•facf under > ` the provisions of this article maybe revoked at any time by the Board,the Chairman,the Presidentor by the:dficar or officers granting such power or.authority 0; ARTICLE X111 .Execution of Contracts—SECTION 5.,Suret Bonds and Undertakin s..An officer of the Corn n.authorized for that purpose it)wrili ti the chairman or the. resident,: at �. Y g Y pa Y P P ng. Y P i and subject to such limitations as the chairman or the president may prescribe,snarl appoint such attomeys-in-fact�s may be neasssary to act in behalf of the Company to make,execute, �t O seal,acknowted a and deliver as surety an and all undertakings,bands,r � g Y Y ng. erognizancos and other surety ob€fgations.`"Such attt�nays-in-fact subjed io.#lie:lirniiaticrns set foiftr to their. Z u respective powers of attorney,shall have full power to bind ilia Company by their signature and execution of any such instnrmonis and to attar iherafo the.sea!of khe Company:When so :: executed such instruments shall be as binding as if slgnod by the president and attested bythe secretary Certificate of Designation The President of fate Cam an acilti0 . , P Y g pursuant to the Bytaw.s.of li€e.Campany atFtllorrzes David M Carey,Assistant Secretary to appoint such attorneys-rn•. fact as may be necessary to act on.bahotf of the Company:to make,ex�ute,seal,acknowledge and delrver_as surety any Find all underlakufgs bonds,recognizarx;es and other surety. obligations.Authorization By iuxrnimausconsent of the Company s:l3oard of DGectars,the.Company clxisentsihai faosrmr€e or mechanically reproduced:sxnaiure of any assistant secretary of U>e. Coin any, appearing upon a certtffed copy of any power of attorney issued by the Cam�an}i m conneciron unit surety bonds shall i�.vaikFand binding upon the Company with the same force.and effect as though-manually affixed I,GregorykV.Davenport the undersigned,Assistant Secretary,ofArngn an.Fire and Casualty Company The O fa Casually lnsurarx a Company,Liberty Mrrlua!Insurance Company,and Wost American Insurance Company do hereby erttfy that the original power of attorney of whrcli_th foregoing is a fuff,true and careot copy of the Poyter of Attorney executed by said Companies,Is in full force and affect and has not besrr�evoked � IN TESTIMONY WHEREOF,t have hereunto set my trend and adxed'the seats of sold Compantes.this day of pCSD CA�� �Y INStJ LiNSUtr tNSV Gregory W.-Davenport,Assistant Secretary $57 011500. ' r.M3 12913 122013 A Joint Venture: Each Joint Venture Must Sign Joint Venturer Name: (Name) By: (Signature of Joint Venture Partner) Name: (Name,printed or typed) Title: Business Address: Phone No.: FAX No.: Joint Venturer Name: (Name) By: (Signature of Joint Venture Partner) Name: (Name,printed or typed) Title: Business Address: Phone No.: FAX No.: Address of Joint Venture for Receipt of Official Communication: Address: Phone No.: FAX No.: (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) END OF SECTION QA24\11748-01\50Design\Bid Documents\Section 00300_BID FORM.docx 00300 - 8 NON-DISCRIMINATION AFFIRMATION FORM t F� +V 6-�- -��-41U�OC-4name of entity submitting]hereby affirms it willnot 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 ofwork 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 �-�=6 t✓ 114 Cie [name of entity submitting] employees and to all subcontracts it P enters into in performance of the agreement with the city of Boze an. Signature of Bidder; --� Perso uthoriz to sign on behalf of the bidder M # ",� r..^�. 1 LJ�.cl)c )T CC,N PENAL SUM FORM M1=CG1LFif7iE= . BID BOND Any singular reference to Bidder,Surety, Owner or other party shall be considered plural where applicable, BIDDER(Name and Address): Knife River-Belgrade P.O.Box 9 Belgrade,MT 59714 SURETY(Name, and Address of Principal Place of Business): Liberty Mutual Insurance Company 175 Berkeley Street Boston,MA 02116 OWNER (Name and Address): City of Bozeman BID Bid Due Date:September 14,2016 Description (Project Name—Include Location):North 27th Avenue Expansion BOND Bond Number:Bid Bond Date:September 14,2016 Penal sum Ten Percent of Amount Bid $ >> P1PP� 10% Surety and Bidder, intending to be legallybo nd�gre ;� &' bject to the terms set forth below, do 'each cause this Bid Bond to be duly executed by a 'autorid o`f " BIDDER v gk t, or representative. KnifeRiver-Belgrade _ � �Li_bTy�[utualInsuranceCompany (Seal) Bidder's Na and Corpo ate S I adretirs Name and Corporate Seal Signature Signa u Attach Power Attorry) Pamela L. Michalies-Asst. �O' Nicole Langer Print Name Print Name Attorney-in-Fact Title Title Attest: Attest: Signature igfl tore Title (0 4 n�S� • Title Witness Note.Addresses are to be used for giving any required notice, Provide execution by any additional parties,such as joint venturers, if necessary. EJCDC®C-430,Bid Bond(Penal Sum Form).Published 2013. Prepared by the Engineers Joint Contract Documents committee, I Page 1 of 2 EldICDC EEO PENALSUM 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 sure set forth on the face of this Bond. Payment of the penal sure 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 S 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. S. 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 1.20 days from the Bid due date without Surety's written consent. &. 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 the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the stag: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 prevision of this Band conflicts with any applicable_statute, then the provision of said statute shall Y 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),Published 2013. Prepared bythe Engineers Joint Contract notuments committee... I, Page 2 4f 2 t Ac Sure knowe State of HNAlESOTt } ss. County of Hennepin T On this I day of Seztetnbet. OIG, before the persotzatiy came Nicole T.a�ec, to me known,wlio being by me duly sworn, did depose and say that she.is the Attorney-in-.Fact of ljberty Mutual Tnsurance Company described in and which executed the above instrument; that she/he kno-ws the seal of said corporation;that the seal affixed to said instruments is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by like order. m Notaxy Pub is HEATHER R GOEDTEL NOTARY RJBUC-I NNEWTA y '` My commission Expires x January 31,2018 x i SECTION 00500 i AGREEMENT FORM THIS AGREEMENT is dated as of the- day of(fir in the year tbl]p by and between I CITY OF BOZEMAN, hereinafter called OWNER, and khDX-C X r hereinafter called CONTRACTOR. IOWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 CONTRACTOR shall complete all work, as specified or indicated in the Contract Documents. The work is generally described as follows: Construction of approximately 1,140 linear feet of new roadway for the northbound lanes of North 27th Avenue between Oak Street I and Tschache Lane with curb and gutter, sidewalk, raised median, storm water conveyance and retention pond, pavement marking, signing, and street lighting. Installation of street lighting will extend along the east side of existing North 71n Avenue between Tschache Lane and Baxter Lane. The project also includes additional pavement marking and signing improvements to the existing North 27th Avenue roadway sections between Oak Street and Baxter Lane. Article 2. THE PROJECT 2.01 The project for which the work under the Contract Documents may be the whole or only a 1 part is generally described as follows: North 27t"Avenue Expansion -Bozeman, MT. Article 3. ENGINEER The project has been designed by: DOWL 2090 Stadium Drive Bozeman,MT 59715 who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Q:\24\11748-01\50Design\Bid Documents\Section 00500_AGREEMENT FORM.docx 00500-1 Article 4. CONTRACT TIME 4.01 Time of the Essence. A. All the time limits for milestones, if any, substantial completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to achieve substantial completion. A. The work will be completed within 90 calendar days after the date when the Contract Time commences to run, as provided in paragraph 2.03 of the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 4.03 Liquidated Damages. A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement, and that OWNER will suffer financial loss if the Work is not complete within the time specified above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that, as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER two hundred dollars ($200.00) for each day that expires after the time specified in paragraph 4.02 until the Work is substantially complete. Article 5. CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit Prices are those listed in the Unit Price Schedule of the Bid Form attached to this Agreement. Estimated quantities used for bidding purposes are not guaranteed. Payment will be for actual quantities as determined by ENGINEER in accordance with paragraph 9.07 of the General Conditions. Unit Prices have been computed as provided in paragraph 11.03 of the General Conditions. Article 6. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments. Q:\24\11748-01\50Design\Bid Documents\Section 00500 AGREEMENT FORM.docx 00500-2 A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed as provided in the Contract Documents. 6.02 Progress Payments; Retainage: A. OWNER shall make progress payments in accordance with Article 14 of the .General Conditions on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for that item. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the sum of the unit price items less the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Condition's. a. The OWNER shall retain five percent (5%) of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. b. Retainage will be five percent (5%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions). 2. Upon Substantial Completion and at the OWNER's discretion, the amount of retainage may be further reduced if requested by the CONTRACTOR. 6.03 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by the ENGINEER. Article 7. INTEREST All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 8. CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: QA24\11748-01\50Design\Bid Documents\Section 00500_AGREEMENT FORM.docx 00500-3 A. CONTRACTOR has examined and familiarized himself with the nature and extent of the Contract Documents (including all Addenda), Work, and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that in any manner may affect cost, progress, performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, performance and furnishing of the Work. D. CONTRACTOR has carefully studied all: (1) reports of investigations and tests of subsurface conditions, if any, at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site which has been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relates to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR including applying the specific means, methods, techniques, sequences and procedures by the CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. QA24\11748-01\50Design\Bid Documents\Section 00500_AGREEMENT FORM.docx 00500-4 G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the terms and conditions of the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 9. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. This Agreement; 2. Performance Bond; 3. Payment Bond; 4. Bid Bond; 5. Invitation to Bid; 6. Instructions to Bidders and Bid Form; 7. General Conditions (by reference); 8. Supplementary Conditions to the General Conditions (by reference); 9. Wage Rates; 10. Special Provisions; a. City of Bozeman Modifications to MPWSS (3/31/11 Edition, incl. addenda) b. Modifications to the MPWSS QA24\11748-01\50Design\Bid Documents\Section 00500_AGREEMENT FORM.docx 00500-5 11. Montana Public Works Standard Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011, including all addenda (by reference).; 12. Specifications as listed in table of contents of the Project Manual; 13. Measurement and Payment; 14. Drawings (not attached hereto); 15. Addenda listed on the Bid Form; 16. Exhibits to this Agreement: a. Notice of Award; b. CONTRACTOR's executed Bid Form; c. Non-Discrimination Affirmation Form d. Documentation submitted by CONTRACTOR prior to Notice of Award 17. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Written Amendments; c. Work Change Directives; d. Change Orders B. The documents listed in paragraph 9.A. are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 10. MISCELLANEOUS k 10.01 Terms. a A. Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract. A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the QA24\11748-01\50Design\Bid Documents\Section 00500_AGREEMENT FORM.docx 00500-6 party sought to be bound; and specifically, but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns. A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.04 Severability. A. Any provision of part of the Contract Documents held to be void or unenforceable under and Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Discrimination A. The CONTRACTOR agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The CONTRACTOR agrees this requirement shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts. P Q:\24\11748-01\50Design\Bid Documents\Section 00500 AGREEMENT FORM.docx 00500-7 i l IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. P I CON RACTOR ( ) By (SEAL &) *(ATES f Title I (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman 4 ' `(OWNER) By (CITY MANAGER) (SEAL&,�Ak 11 ' 1 = APPROVED AS TO FORM: Y °. (CITY ATTO Y) END OF SECTION QA24\1 1748-01\50DesignOid Documents\Section 00500 AGREEMENT FORMA= 00500-8 MONTANA PREVAILING WAGE TES FOR HEAVY CONSTRUCTION SERVICES 201 Effective: January 2, 2016 Steve Bullock, Governor State of Montana Pam Bucy, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit 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 Diem ............................................................................................................................................ 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 0. Welder Rates ................................................................................................................................. 5 P. Foreman Rates .................................................................................................................................. 5 WAGE RATES: 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 ............................................................................................................................ 7 OPERATORSGROUP 4 ............................................................................................................................ 8 OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 8 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 8 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERSGROUP 3 ............................................................................................................................ 9 LABORERSGROUP 4 ............................................................................................................................. 9 DIVER ....................................................................................................................................................... 10 DIVERTENDER .......................................................................................................................................... 10 ELECTRICIANS .......................................................................................................................................... 10 HEATING AND AIR CONDITIONING ............................................................................................................... 10 INSULATION WORKERS- MECHANICAL (HEAT AND FROST) ........................................................................... 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 11 LINE CONSTRUCTION EQUIPMENTOPERATOR ......................................................................................................................... 11 GROUNDMAN ......................................................................................................................................... 11 LINEMAN ................................................................................................................................................ 12 MILLWRIGHTS ............................................................................................................................................ 12 PAINTERS ................................................................................................................................................ 12 PILEBUCKS ............................................................................................................................................... 12 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 12 SHEETMETAL WORKERS ........................................................................................................................... 13 TEAMSTERS GROUP 1 (Pilot Car Drivers) ......................................................................................................................... 13 TEAMSTERS GROUP 2 (Truck Drivers) ................................................................................................................ 13 2 ti A.Date of Publication January,2 2016 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 are not properly classified as either `building construction', 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, dredging projects, electrification projects (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, revetments, sewage collection and disposal lines, sewer°s (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells." C. Definition of Public Works Contract Section 18-2-40 1(1 1)(a), MCA defines"public works contract" as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for 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.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. E.Rates to Use for Projects ARM, 24.17.127(1)(c), states "The wage rates applicable to a particular public works project are those in effect at the time the hid specifications are advertised" F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the aivard 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 ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. " 3 G. Fringe Benefits Section 18-2-412,MCA states: "(1) To full the obligation...a contractor or subcontractor may: (a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit find,nd,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed (2) The fringe benefit fund,plan, orprogram described in subsection (1)(b) mustprovide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fade programs that aneet the requirements of the Employee Retirement Income Security Act of 1974 or•that are approved by the U. S. department of labor." Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM, 24.17.103(11),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula." I. Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM, 24.17.103(22), states"'Travel pay,'also referred to as `travel allowance,' is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job." See section H above for a list of dispatch cities. K. Per Diem ARM,24.17.103(18), states "'Per diem'typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or•longer." L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2),MCA states, .....The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are "...performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. P.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: $30.00 $30.30 0-120 mi. free zone >120 mi. federal mileage rate/mi. in effect when travel Duties Include: Bulk storage tanks and bolted steel occurs. tanks. Special Provision: Construct, assemble, maintain, and repair stationary Travel is paid only at the beginning and end of the job. steam boilers and boiler house auxiliaries. Per Diem: 0-70 mi. free zone >70-120 mi. $55.00/day >120 mi. $70.00/day BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $31.07 $13.40 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day CARPENTERS Wage Benefit Zone Pay: $28.00 $11.86 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 Zone Pay: $21.43 $9.41 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. Duties Include: >60 mi. base pay + $4.75/hr. Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $24.58 $11.80 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. 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. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $25.07 $11.80 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. 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 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $26.90 $11.80 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 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. 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $27.90 $11.80 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. CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $28.90 $11.80 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. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $29.90 $11.80 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). CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $30.90 $11.80 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, 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. CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $20.68 $8.04 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. 8 CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.07 $8.04 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. General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker, CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.94 $8.04 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. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $25.60 $8.04 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. Hod Carrier'; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; 'Hod Carriers will receive the same amount of travel High-Scaler; Power Saws (Faller& Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock & Core Drill; Track or Truck Mounted travel. Wagon Drill and Welder incl. Air Arc. 9 DIVER Wage Benefit Zone Pay: Stand-By $36.72 $14.00 0-30 mi. free zone Diving $73.44 $14.00 >30-50 mi. base pay + $4.00/hr. >50 mi. base pay+ $6.00/hr. Depth Pay (Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. DIVER TENDER Wage Benefit Zone Pay: $35.02 $14.00 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. The tender shall receive 2 hours at the straight time pay >50 mi, base pay + $6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. ELECTRICIANS Wage Benefit Travel: $31.39 $12.76 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. in effect when travel occurs and employee uses own vehicle. > 60 mi. $75.00/day. HEATING AND AIR CONDITIONING Wage Benefit $27.33 $15.39 Travel: 0-50 mi. free zone Duties Include: >50 mi. Testing and balancing, commissioning and retro- a $0.25/mi. in employer vehicle commissioning, of all air-handling equipment and duct ® $0.65/mi. in employee vehicle work. Per Diem;-* $65.00/day *Corrected 01/22/2016 10 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $32.92 $18.47 All Districts 0-30 mi. free zone Duties Include: >30-40 mi. $20.00/day Insulate pipes, ductwork or other mechanical systems. >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. $77.00/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: $26.90 $20.99 0-45 mi. free zone >45-60 mi. $30.00/day Duties Include: >60-100 mi. $55.00/day Structural steel erection; assemble prefabricated metal >100 mi. $75.00/day buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. LINE CONSTRUCTION — EQUIPMENT OPERATORS Wage Benefit Zone Pay: $31.82 $13.11 0-25 mi. $40.00/day >25 mi. $60.00/day Duties Include: All work on substations LINE CONSTRUCTION — GROUNDMAN Wage Benefit Zone Pay: $24.85 $12.38 0-25 mi. $40.00/day >25 mi. $60.00/day Duties Include: All work on substations 11 LINE CONSTRUCTION — LINEMAN Wage Benefit Zone Pay: $41.54 $14.20 0-25 mi. $40.00/day Duties Include: >25 mi. $60.00/day All work on substations MILLWRIGHTS Wage Benefit Zone Pay: $31.00 $11.86 0-30 mi, free zone >30-50 mi. base pay + $4.00/hr. >50 mi. base pay+ $6.00/hr. PAINTERS Wage Benefit Travel: $24.25 $16.24 No free zone. $0.60/mile. Per Diem: $80.00/day PILE BUCKS Wage Benefit Zone Pay: $28.00 $11.86 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. Duties Include: >50 mi. base pay+ $6.00/hr. Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $33.66 $16.01 0-70 mi. free zone >70 mi. ■ $90.00/day if transportation is provided. ■ $90.00/day + $0.55/mi. (for one trip, there and back) if transportation is not provided. 12 SHEET METAL WORKERS Wage Benefit Travel: $27.33 $15.39 0-50 mi. free zone >50 mi. Duties Include: a $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- a $0.65/mi. in employee vehicle commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, Per Diem: dismantling, and alteration of all HVAC systems, air $65.00/day veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. TEAMSTERS GROUP 1 (Pilot Car Drivers) Wage Benefit Zone Pay: $20.59 $9.16 0-25 mi. free zone >25-50 mi. base pay + $2.95/hr. >50 mi. base pay + $4.70/hr. TEAMSTERS GROUP 2 (Truck Drivers) Wage Benefit Zone Pay: $27.69 $9.16 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. This group includes but is not limited to: >60 mi. base pay+ $4.70/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. * Corrected 01/22/2016 13 EJCD_ C= E4GINEERS J0114T CONTRACT GOCUMUM CONRAITTEE NOTICE OF AWARD Date of Issuance: September 30,2016 Owner: City of Bozeman Owner's Contract No.: SIF095 & SIF099 Engineer: DOWL,LLC. Engineer's Project No.: 4524.11748.01 Project: N. 27 h Avenue—Expansion Contract Name: North 27tb Ave. Bidder: Knife River Belgrade Bidder's Address (send Certified Mail, Return Receipt Requested): P.O. Box 9, Belgrade, MT 59714 TO BIDDER: You are notified that Owner has accepted your Bid dated September 14, 2016 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: N. 27th Ave Expansion Project The Contract Price of the awarded Contract is: four hundred, ninety-five thousand, three hundred and seventy- six Dollars ($495,376.00 ). 3 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 2 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner [ 3 ] counterparts of the Contract Documents, fully executed by Bidder. 2. Deliver with the executed Contract Documents the Contract security [Bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent: Article 5 of the General Conditions Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within fifteen days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner: C( ! 0� 5OZPM!! By: _C /� 1 Authorized Signature Title: c } ail a �V Copy: Engineer EJCDC C-510,Notice of Award. Prepared and published by the Engineers Joint Contract Documents Committee. Page 1 of 1 EX _ ENGINEERS JOINT CONTRACT OOCU"ENT$COWAFTEE NOTICE TO PROCEED Effective Date of Contract: Owner: Owner's Contract No.: Engineer: Engineer's Project No.: Project: Contract Name: Contractor: Contractor's Address (send Certified Mail,Return Receipt Requested): TO CONTRACTOR: 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 Aricle 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 ]. Before you may start any Work at the Site, Paragraph 2.01.13 of the General Conditions provides that you and the 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]: Contractor Owner Received by: Given by: Authorized Signature Title Title Date Date Copy: Engineer EJCDC'C-550,Notice to Proceed. Prepared and published by the Engineers Joint Contract Documents Committee. Page 1 of 1 Bond No. 190036806/.106549679 ' Liberty mu ia'l. Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURELY: (Name,legal status and address) (Name,legal status and principal place of business) Liberty Mutual Insurance Company Knife River- Belgrade 175 Berkeley Street, Boston,MA 02116 This document has important legal P.O. Box 9 AND consequences.Consultation with Belgrade, MT 59714 Travelers Casualty and Surety Company of America an attorney is encouraged with One Tower Square-2SHS, Hartford,CT 06183 respect to its completion or Mailing Address for Notices modification. OWNER: Liberty Mutual Insurance Company Any singular reference to (Marne,legal status and address) Attention:Surety Claims Department Contractor,Surety,Owner or 1001 4th Avenue,Suite 1700 other party shall be considered City of Bozeman, MT Seattle,WA 98154 plural where applicable. CONSTRUFTTIpN CONTRACT Date: 110 11 1` Amount:$495,376.00 Description: (Marne and location) North 27th Avenue Expansion- Bozeman, MT BOND Date: (6/i7f c, (Not earlier than Conso-tiction Contract Date) Amount:$495,376.00 ` �� GH0(�A'�,,�� Modifications to this Bond: X� F0 �.V See Section 16 CONTRACTOR AS PRIN£IPAL SSA ':SURETY Company: (Corporlt� � ;Cotfpany: (Corporate Seal) Knife River- Belgrade LilZrty Mutual Insurance Company �J��t�O 1 12 l ' y �9S �a� Signature: t t t i afore: aus Name Name Heather R. Goedtel and Title: f arnelca L. Michalies-ASSt. SAgTitle: Attorney-in-Fact (Any additional signatures appear on the last page of this Petfornrance Bond) (FOR INFORMA TION ONL Y—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Willis of Minnesota, Inc. (Architect,Engineer orotherparty:) 1600 Utica Avenue South, Suite 600 Minneapolis, MN 55416 763 302-7219 S-18521AS 8/10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 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 the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the 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. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 §16 Modifications to this bond are as follows: ORq• �C) (Space is provided below for addit�onal Signal�l1 EA CONTRACTOR other than those appearing an the covet-page) CONTRACTOR AS PRINCI@AL'. 1990 SURETY Company: (Corporate Seal) ` Company: (CorPor ate Seal) Travelers Casualty and Surety Company of America t(tCTN' Signature: k Signature4Titl,. Name and Title: Name anathe\ajr R. oedtel, Attorney-in-Fact Address Address 1600 Utica Avenue South, Suite 600 oamela L. Michalies-Asst. Sec. Minneapolis, MN 55416 S-1852/AS 8/10 Bond No. 190036806/106549679 10�Li b erov mutu.A. Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Knife River- Belgrade Liberty Mutual Insurance Company P.O. Box 9 175 Berkeley Street, Boston,MA 02116 This document has important legal AND consequences.Consultation with Belgrade, MT 59714 Travelers Casualty and Surety Company of America an attorney is encouraged with One Tower Square-2SHS,Hartford,CT 06183 respect to its completion or Mailing Address for Notices modification. Liberty Mutual Insurance Company OWNER: Attention:Surety Claims Department Any singular reference to (Name,legal status and address) 1001 4th Avenue,Suite 1700 Contractor,Surety,Owner or City of Bozeman, MT Seattle,WA 98154 other party shall be considered plural where applicable. CONSTP4.ICTION CONTRACT Date: (p w/16 Amount:$495,376.00 Description: (Name and location) North 27th Avenue Expansion- Bozeman, MT BOND Date: l%21r1. Not earlier than Construction Contract Date) Amount:$495,376.00 ,� I OUP Modifications to this Bond: e' GOoi�pAq.T ',See Section 18 ' CONTRACTOR AS PRINCIPAL•' C� 'SUR€TY Company: _(Coipora rl Gompnny: (Corporate Seal) Knife River- Bel Belgrade 1990 JPVINSUq{y g .Libe,�y Mutual Insurance Company ���ORPQ�,��^ a 1912 3 • � tL 'p Signature: r� i� tur Name Name Hea er R. Goedtel and Title: Pamela L. MICIIaIICS-ASSt. Sec. andTitle: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Willis of Minnesota, Inc. (Architect,Engineer or other party:) 1600 Utica Avenue South, Suite 600 Minneapolis, MN 55416 763 302-7219 S-2149/AS 8/10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. S-2149/AS 8/10 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,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 Construction 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. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.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 Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the 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. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents, S-2149/AS 8/10 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: JI •0RPoo •'�2'. (Space is provided below for additinal.4ignA�A's. ded jzarti4,other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL 1Q9Q SURETY Company: (Corpora!�Seal) `�� Company: (Corporate Seal) 2,s '. •.. ...••' �� Travelers Casualty and Surety Company of America e% Signature: Signature. JiffnLi Name and Title: Name and Title.Heather R. Goed e, Attorney-in- act Address Address 1600 Utica Avenue South, Suite 600 "amela L. MichalieS-Asst. Sec. Minneapolis, MN 55416 S-2149/AS 8/10 f l Surety Ackfiowledgment State of Minnesota } I } ss. County of Hennepin } I On this day of 20 ,before me personally came Heather R.Goedtel, to me known,who being by me duly sworn, did depose and say that she is the Attorney-in-Fact of Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal Iaffixed to said instruments is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by like order. NINA E. WERSTEIN <_ v � L NOTARYPUBLIC MINNESOTA NO Public My Commission Expires January31,2021 P P I I l THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7481798 American Fire and Casualty Company Liberty Mutual Insurance Company r The Ohio Casualty Insurance Company West American Insurance Company l POWER OF ATTORNEY I KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the Slate of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Brian D.Carpenter;Craig Olmstead;Heather R.Goedtel;Jessica Hoff;Jill N.Swanson;Laurie Pflug;Michelle Halter;Nicole Langer;Nina E.Werstein all of the city of Minneapolis state of MN each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,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 of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of September 2016 No As,c tv wsr, �uasu� N1NSUq American Fire and Casualty Company q�� �JP �9� �J ea,,.�ti �Q.���vpr��n, v� The Ohio Casualty Insurance Company (n m o Liberty Mutual Insurance Company a), i 1906 0 o 1919 n > 1912 0 1991 nC�, a o West merican In Company By: >1 STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary C COUNTY OF MONTGOMERYCc 0 C ` p1 On this 9th day of September , 2016, before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v II.— u of Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,U) execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Ll > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O CL d gP PAST COMMONWEALTH OF PENNSYLVANIA <, { Q M _ 3 U QCC �onwe P Notarial Seal /44- , Teresa Pastella,Notary Public By: �iQ% 0 I d of Plymouth Twp.,Montgomery County L >_ Teresa Pastella,Notary Public g ao- My Commission Expires March 28,2017 3 QjL LNsv�vP G 0 OT �� Member,Pennsylvania Association of Notaries O E' +' y Any P� 11 This Power ofAttorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casually Insurance .0 p }, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: rn co L 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 O c 4; 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, c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-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 — 0 p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >'a 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. _ �r N = 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, 00 L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M p 7 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their o0 Z 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 v executed such instruments shall be as binding as if signed by the president and attested by the secretary. G co Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-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 binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casually Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. 13{4 I IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this�day of OC I r C- ,20 . 1 4.P�;,z �9�� v�Jp:•02; 92� jJo�o q�`��� RQ�(,3 eprc:�ta '�F !!! 1 a 1906 0 0 1919 1912 3 1991 BY: Gregory W.Davenport,Assistant Secretary 1100 of 1500 LMS_12873_122013 t WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I _ I POWER OF ATTORNEY I� n V LE-'`R S" Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 231330 Certificate No.006970298 l KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the flaws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Jill N.Swanson,Laurie Pflug, Nina E.Werstein,Brian D.Carpenter, Nicole Langer,Jessica Hoff,Heather R.Goedtel,Michelle Halter,and Craig Olmstead of the City of Minneapolis State of Minnesota their true and lawful Attorney(s)-in-Fact, l each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. ( IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 9th Iday of September 2016 Farmington Casualty Company St.Paul Mercury Insurance Company 6 Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company lFidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company ,N..... ` �.. P.........:99" yoh os 9',dWA rr \�F1nYAN0 0.POR •.7 .fvC ..., P G� P \\� ,� c z �fCo A�F h t W jGppPORAt•,�*• ° .3 iS l 9 8 2 0 � 1977 L'ONPORATED �� .,� ... ,m ..._ e; � �a• 1 � � lai n HARTFORD, H4FITr6gq �" a+Fir�Ca 1951 = SEAt,los ,�: of CONN. o �caur. `R N 1896 o;SEAL;3- o b� N� l� �s` coax �yt-......:'a'r� °v:•.... .. ds �� s; +.�. /�.� a� * t �ANCF IS. H� J P [ b + "•t ''+�� �•// t }State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 9th day of September 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. W�/" v • V��n��tJl My Commission expires the 30th day of June,202E S"� A ,Q * Marie C.Tetreault,Notary Public 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of VG:►�f i 20 Lk tG', (Ir/?�" Kevin E.Hughes,Assistant Sec tary fib."er 00r _Uif... ( Y� q^'(/ b \Y' SU ,Y R4• P �'0 SVA o�}rY u' 19 B 2 0 � 1977 FlORAiED .K ?*#�'• s m� •� �m r _... s a azn4''��[D� I i .rt` a aARTFORD, + n4giFGfO), �' + Sa tr�j o 1951 �,SEAL:ot SEAL3: coati. o i[\�ca: v o 1898 bey N, "Yry,� t<a a'�s��^ �,r'..........i L'rj v;•.... ..:•de �Ose \ .••,�� df ,�S' To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER � Q O E E v3 zs n n �,s v3 n s5 n ss vi o 0 $ — Z 0 0 ^u C ee ti 0 va w O U G a F U O W w a U v �r U a '• i7 d .� W WSW O v T U'- U O e Z z a Z U o E o v b c Sr o u `0 00 0 Q U c c 0.CL U ` tbO w ca.y s omr 3vrz co O o p c a .JO° ��Om �� c CJ z > v - = a e� y 9 c•a m 3 y d �Co, .�w: h v ° •L°• o w � o c� � ow c + E ® o d C] o n F � v T L1 O U � O O ti 9 L b fi m y F m a Q a = v wU a a o o W Y O � � cn o — o U m U U o Q o W C � � O z v s o ti 0 a � Q - r^ U F Vl � �}Wyy IyN a N M p 9 . � o 0 ILC4 w° c N ® s (� o IW � 1 O o d O � o v F � N - E c = w 0 0 m v N Q Q O O c — v U E A ro m ci c W _ w 0 v v � ss — F ° = m o w o o m m Ci w E o 0 ~O O CI p+ E m U U v Ca o U N W ro c �c o 7 z 1 G ..x Q y, co Y O - 3 6 Y U O F 6> Q C� py v I CC r a 0 a z a � E ou � ro L a lq � ■ u o Alm } � . % } )R t � . ± e } ; a \\ { ° \ ) (� } ] \» \{ ( \\ \\ \ \/ § / ( \ / u k ( / ■ u § § _ - \ - � — as � 2 � - � Certificate of Substantial Completion Project: Owner: Owner's Project No.: Contract: Date of Contract: Contractor: 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: x 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 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 ork Change Directive No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: k Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Non-agreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Date: Authorized for Owner by: Date: Accepted for Contractor by: Date: Approved by Funding Agency (if applicable): Date: Y EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Field Order No. Date of Issuance: Effective Date: Proj ect: Owner: Contract Dated: 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 CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: 0WNER's Contract No. ENGINEER 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: CHANGE IN CONTRACT TPAES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: (days or dates Net Increase(Decrease)from previous Change Net change from previous Change Orders No. _to No. Orders No. to Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase(decrease)of this Change Order: Net increase(decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: 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 A 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 ofthe 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 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 ORDER TO CONTRACTOR TO SUSPEND WORK Owner's Project Number Suspend Work Order No. DATE: Engineer's Project Number TO: PROJECT AND LOCATION: OWNER: By reason of which renders it impracticable for you to secure specified results on the Work required by your contract,you are hereby directed to SUSPEND WORK,at the close of work on You will resume operations only when 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. _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 calendar days have been used and there remain calendar days in which to complete the contract. Please sign all copies of this Notice in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged,Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: DOWL Order to Contractor to Suspend Work- Page 1 of 1 ORDER TO CONTRACTOR TO RESUME WORK Owner's Project Number Suspend Work Order No. DATE: Engineer's Project Number TO: PROJECT AND LOCATION: OWNER: The Suspend Work Order, dated ,directed you to suspend work on your contract,for reasons and conditions described therein. Conditions are now favorable on the continuation of the work, you are hereby directed to resume operations on this project effective Under the terms of your contract for this project, Contract Time ii was ❑ was not changed 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 of 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 copies of this Notice in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged,Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: DOWL Order to Contractor to Resume Work- Page 1 of 1 ACCORDOO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/06/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION IS WAIVED,-;ubject 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 CONTACT Marsh USA Inc. NAME: 333 South 7th Street,Suite 1400 AHONN FAR Ext: A/C No Minneapolis,MN 55402-2400 E-MAIL Attn:MDU.CeaRequest@marsh.com INSURERS)AFFORDING COVERAGE NAIC k J43750-JTLBE-GAX-16-17 INSURER A:Liberty Mutual Fire Ins Co 23035 INSURED INSURER B:N/A NIA Knife River-Belgrade PO Box 9 INSURER C:Liberty Mutual Insurance Company 23043 Belgrade,MT 59714-0009 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-006855398-01 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE S POLICY NUMBER MM/DDlYYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY T82-641-005097-046 01/01/2016 01/01/2017 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR PREM SES Ba occu-RENTED nce $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 POLICY�PE� LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY AI2-641-005097-056 01/0112016 01/01/2017 c aM"'EDSINGLE LIMIT g 2,000,000 Ea accident, X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per $ AUTOS AUTOS ( ) X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION WA7-64D-005097-016(AOS) 01/0112016 01/01/2017 X PER oTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N I A -- (Mandatory in NH) °MT Employers Liability Only" E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) i Re:North 27th Avenue Expansion-Bozeman,MT The Owner,Engineer,and Engineer's consultants is/are included as additional insured under general liability per the attached CG 2010 and CG 2037 endorsements and does not include professional liability coverage. Blanket Additional Insured for Automobile Liability is included per attached designated Insured Endorsement CA 20 48. General liability policy includes contractual liability but only to the extent provided in the policy. CERTIFICATE HOLDER CANCELLATION City of Bozeman SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 1230 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bozeman,MT 59771 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee 1`rtnv>o��.: �iQ.c t�rw•d e c ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD � | } � ' ! Policy Number: Al2-641'005097-056 � | Issued by: LJBEK]'Y\Y(JTU/\L FIRE [NSURANCECOlvfPANY / TH|SENDO10 SEKA 1TOMANSESTHEP0L|0,Y. PLEA'S E R E A 1 /TC ARrFUL[Y. ^ NOTICE OF CANCELLATION TO THIRD PARTIES | This endorsement modifiao insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART � | GARAGE COVERAGE PART � v / TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART � COMMERCIAL GENERAL LIABILITY COVERAGE PART " EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTS/COk4PLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART 8 | COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM ^ | Schedule Name of Other Person(s) I Ernall Address or mailing address: Number Days Notice: Per schedule of certificate Per schedule of certificate holders on 90 holders on file with the file with the Company. X / . . ' A. 11wm cancel this policy for any reason other than nonpayment ofpremkon Vamona or K ( organizations shown in the Schedule above. VVe will send notice io the email or mailing address listed above � { at least 10 daya, or the number ofdays listed abnve, if any, before the cancellation heoomos effective. In no event does the notice to the third party exceed the notice to the first named insured. � \ B. This advanne notification of pending cancellation of is intended as a courtesy Our failure- to � ! . . � / provide ouoh advance notification will no! extend the policy cancellation date nor negate. cancellation of the policy. � | All other tenno and conditions of this policy mmminunchanged, « ) /J. ^ ' LKWS80i 0511 CQ 2811 Liberty Mutual Group of Companies. All rights reserved. Page of Includes copyrighted material of Insurance Services Office, )no, with its permission. � | ' � | x / POLICY NUMBER: Al2-641-005007-056 COMMERCIAL AUTO CA 2048 ,10 13 THIS ENDORSEMENT CHANGES TI-IF POLICY. PLEASE RFAi CAR--F L -Y DESMATECM INSURED FOR YEREV) ALITOS LIABUTY (--,!'0Y1VEP1,AGjE C ODA ff E This endorsement rnodifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,I[, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or orga,nizalion(s)who are "insureds"for Covered Autos Liability Coverage Linder the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. This policy will be primary and non-contributory to any like insurance available to the person or organization noted above. Information required to complete this Schedule., if not shown above., will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured PFDV!Siufl contained in Paragraph AJ. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph 0.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Forrri. CA 20 48 '10 13 n Insurance Services Office, Inc., 2011 page 'l of'j THIS ENDORSEMIENT CHANGES THE POLICY. PLEASE B.EAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON ORRI ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Marne Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organ lzation(s): Any persons or organizations for whom you have All locations as required in writing and agreed to agreed in writing, prior to an "occurrence"or prior to an "occurrence"or offense. "offense", to provide additional insured status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section It — Who Is. An Insured is amended to B. With respect to the insurance. afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after. 02Used, in who!e or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions: or ment furnished in connection With such work, 2. The acts or omissions of those acting on Your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance Of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed: or nated above. CG 20 10 07 04 ISO Properties, Inc., 2004 Page 1 of 2 2. That portion of "your work" out of Which the injury or damage arises has been put to its in- tended use by any person or organization ocher than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. This endorsement is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY a; Premium $ Effective Date Expiration Date For attachment to Policy No. T82-641-005007-046 Alfdit Basis i Issued To /t, Countersigned by ------------ _..._.... .__.. Authorized Representative issued Sales Office and No. End.serial No. Page 2 of 2 ISO properties, Inc„ 2004 GG 20 10 07 04 TI-118 [_::�IDORSEMENT CHANGES THE POLJG. PLEASE READ rr CAREFULLIf. ADDMONAL INSURED - OWNERS. LESSEES U CON MUACTORS - COMPLE fED 6PEN TION, This endorsement rriodifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s Any persons or organizations for whom you have All locations as required in writing, and agreed to agreed in writing, prior to an"Occurrence"or prior to an "Occurrence"or offense. "offense", to provide additional insured status. Information required to con-iplete this Schedule, if not shown above, will be shown in the Declarations. J Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or "property dam- age" caused, in whole or in part, by "}101.ir work" at the location designated and described In the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY PI-eMIUM $ Effective Mete Expiration Date For attachment to Poli,,y No TB2-641-005097-04G Audit Flasis Issued To Countersigned by Authorized Regresenwvve Issued Sales Office and No. End.Serial No. CG 20 37 07 04 Oc, ISO Properties, Inc.: 2004 Page 1 0i1 ., . ' | � | x J � | Policy NumberTB2-641'005097'840 Issued by LUNKR'�'Y RdUT0AL FIRE INISUBANC0 OOVIPAHlY THIS ENDOR8EhAENTCHA0GE9THEPOLICY. PLEASE R£AD I7CAREFULLY. � NOTICE OF CANCELLATION T 0TH|RD PART/ES This andurnomer6 modifies insurance provided Linder the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART v TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART / » COMMERCIAL GENERAL LIABILITY COVERAGE PART ( ' EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PR8DUCTSKCUMPLETED OPERATIONS L|AB/L|TYCOVERAGE PART | LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM ^ / Schedule Name of Other Persan(s)I Email Address or mailing address: Number Days Notice: Per Schedule of certificate 90 holders on file with the Company � | U ) A. If we cancel this policy for any reason other than nonpayment of pn*miun , we will nuiJy |ho persons or organizations shown in the Schedule abnva VVn will send notice (o the email or mailing address listed above at least '10 days, or the number of days listed above, if any, before the cancellation becomes effective,. |nno U | event does the notice to the third party exceed the notice to the firsi[ named insured. Xi B. This advance notification of pending cancellation of coverage is intended as a courtesy only, Our laNvro in p ,�oouoh advance notification will the �u|�y �enoeU�Von date norneg�ho cancellation of the m � | policy. � \ All other terms and conditions of this policy remain 000haoged y | . / � | � > ~x / LKNB8D10511 (D2O11 Liberty Mutual Group of Companies.All rights reserved. Page of � ! Includes copyrighted material of |nouxanoeSowicoa 00oa. Inc_ with its permission. � « ' POLICY NUMBER:TB2-641-005097-046 COMWERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEIMENT CHANGES THE POLICY. PLEASE READ 1TCAREPULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- obligated to pay as damages caused by rences under Section I —Coverage A, and for all °occurrences" under Section I -- Coverage A, and medical expenses caused by accidents under for all medical expenses caused by accidents Section I — Coverage C. which can be attributed under Section I — Coverage C, which cannot be only to ongoing operations at a single designated attributed only to ongoing operations at a single construction project shown in the Schedule below: designated construction project shown in the 1. A separate Designated Construction Project Schedule below: General Aggregate Limit applies to each des- 9. Any payments made under Coverage A for ignated construction project, and that limit is damages or under Coverage C for medical equal to the amount of the General Aggregate expenses shall reduce the amount available Limit shown in the Declarations, under the General Aggregate Limit or the 2. The Designated Construction Project General Products-completed Operations Aggregate Aggregate Limit is the most we will pay for the Limit,whichever is applicable; and sum of all damages under Coverage A, ex- 2. Such payments shall not reduce any cept damages because of "bodily injury" or Designated Construction Project General "property damage" included in the "products- Aggregate Limit. completed operations hazard", and for medi- C, When coverage for liability arising out of the cal expenses under Coverage C regardless of "products-completed operations hazard" is prov- ided, any payments for damages because of a. Insureds; "bodily injury" or"property damage" included in the b. Claims made or"suits"brought;or "products-completed operations hazard" will e. Persons or organizations making claims or reduce the Products-completed Operations Agg- bringing"suits". regate Limit, and not reduce the General Agg- regate Limit nor the Designated Construction 3, Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the Designated Con- has been abandoned, delayed, or abandoned and struction Project Genera) Aggregate Limit for then restarted, or if the authorized contracting that designated construction project. Such or parties deviate from plans, blueprints, designs, payments shall not reduce the General specifications or timetables, the project will still be gregate limit shown in the Declarations nor shall they reduce any other Designated Con- d to be the same construction project struction Project General Aggregate Limit for E. The provisions of Section Ill— Limits Of Insurance any other designated construction project not otherwise modified by this endorsement shall shown in the Schedule below. continue to apply as stipulated. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the . General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cab[e Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 03 09 O Insurance Services Office, Inc., 2008 Page 1 of 2 SCHEDULE Designated Construction Projects)„ All Construction projects not located at premises owned, leaded or rented by a blamed Insured. information required to complete this Schedule, if not shown above, will be shown in the Declarations. i CG 25 03 05 09 (D insurance Services Office, Inc.,2008 Page 2 of 2 f NOTICE E OF CANCELLATION TO 11TilPID PAr� 't ILS A. If we cancel this policy for any reason other than nonpayment of prernium, we will notify the persons of oroanizations shown in the Schedule below. VVe will send notice to the emall or moiling address listed Wow at least 10 days, or Ilia number of days lisbad below, if any, before cancellation becomes effective. In no event does the notice to the third par,exceed the notice to the first nafm d insured. E. This advance notification of a pandin0 cancellation of coverage is intended as a cour test/Only. C)ur failure to provide suich advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule name of 0the1,pSnson(5)! EmaiI Arldresss or inailinq addr•c-ss: Number Days Notice, Orpwiization(5): per schedule of certificate 00 holders on file with the company I All other terms and conditions of this policy remain unchanged, i Issued bV Liberty Insurance Co,Toretion 21814 For attachment to Pogcy t\lo WA7-64D-00509;_016 Efractivi Date 01 `GT. _Olu Premium/ Issued to Centennial Eneruy Holdings, Inc. WM 00 16 06 'i1 @ 2011, Liberty ibtutuot Group. All Rights Reserved. Page 1 or 1 Ed.06/0'1/2011 f NY DATE(MM/DD/YYYY) EVIDENCE OF PROPERTY INSURANCE 10/06/2016 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY I PHONEo Ext COMPANY A/C N Marsh USA Inc. Zurich American Insurance Co 333 South 7th Street,Suite 1400 Minneapolis,MN 55402-2400 J43750--BR113-16-17 FAX E-MAIL A/C No): ADDRESS: CODE: SUB CODE: AGENCY CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER Knife River-Belgrade CPP3704500-14 PO Box 9 Belgrade,MT 59714 EFFECTIVE DATE EXPIRATION DATE Tr—]9 CONTINUED UNTIL 01/01/2016 01/01/2017 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Re:North 27th Avenue Expansion-Bozeman,MT;Contract Amount:$495,376.00 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE "All Risk'Blanket Real and Personal Property including 25,000,000 25,000 Boiler Machinery,earthquake,flood and wind perils. Leased/Rented Contractor's Equipment($2,500,000 per item,$5,000,000 per occurrence) 5,000,000 25,000 Builders Risk/Installation(See Attached) 25,000,000 5,000 REMARKS(Including Special Conditions The Owner,Engineer,and Engineer's consultants is/are included as additional insured where required by written contract. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST CHI-006855415-01 NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE City of Bozeman LOAN# PO Box 1230 Bozeman,MT 59771 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ,� ACORD 27(2009112) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 1 AGENCY CUSTOMER ID: J43750 LOC#: Minneapolis A R ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Knife River-Belgrade PO Box 9 POLICY NUMBER Belgrade,MT 59714 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 27 FORM TITLE: Evidence of Property Insurance BUILDERS RISK COVERAGE DURING COURSE OF CONSTRUCTION SUBJECT TO POLICY TERMS AND CONDITIONS, Any one Building,Structure or Project--$25,000,000 Limit(Deductible$5,000) Transmission and Distribution Lines Work—$25,000,000(Deductible$5,000) Paving,Decking of Bridges—$25,000,000 Limit(Deductible$5,000) SevrerMater or Plumbing--$25,000,000 Limit(Deductible$5,000) Flood-$25,000,000 Limit per Occurrence and Annual Aggregate(Subject to a minimum$5,000 deductible) Earth Movement-$25,000,000 Limit per Occurrence and Annual Aggregate(Subject to a minimum$5,000 deductible) Earth movement in Zones 1 and 2 are subject to a per Occurrence and Annual Aggregate limit of-$15,000,000(Subject to a minimum$5,000 deductible) Other deductibles may apply as per policy terms and conditions. I i i ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MONTCON-09 JMCMILLAN DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/5/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 CONTACT NAME: Billings Office PHONE FAX Paynewest Insurance,Inc. Alc No Ext:(406)238-1900 A/c No):(406)245-9887 P.O.Box 30638 E-MAIL ADDRESS: Billings,MT 59107-0638 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Safety National Casualty Corp INSURED INSURER B: JTL Group,Inc.DBA Knife River-Belgrade INSURERC: A Member of the MCCF PO BOX 9 INSURER D: Belgrade,MT 59714 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. IN SR TYpE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMlDDNYYY MMlDD/Yl(YY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ D MA ED CLAIMS-MADEEl OCCUR PREMISES(E off.D nce) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ OT POLICY JEC LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident ' $ ` UMBRELLA LIAR HOCCUR EACH OCCURRENCE is EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANYPROPRIETOR/P /EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If DEes SC describe under RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ ;1 Workers Compensation SP4054451 0111112016 01/01/2017 Coverage A Statutory DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Subject to the terms and conditions of the policy as issued by the Insurance Company.SIR for Work Comp$1,000,000 per occurrence.Covers Montana State Resident Employees.All claims are administered by the Montana Contractor Compensation Fund(MCCF). RE:North 27th Avenue Expansion—Bozeman,MT c r ( CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DivisioN 1 GENERAL REQUIREMENTS CONSTRUCTION SPECIFICATIONS DIVISION 1 — GENERAL REQUIREMENTS SECTION 01000 SPECIAL PROVISIONS (Reference City of Bozeman Modifications) The Contract Documents shall include the following additions or changes to the Montana Public Works Standard Specifications. 1. GENERAL, All work shall be performed in accordance with applicable sections of the Montana PublicWorks Standard Specifications, Sixth Edition (MPWSS-6th), published April, 2010, including all addenda, which by this reference are hereby included as part of this specification as modified herein by the City of Bozeman. All other sections and provisions which are not amended shall remain in full force and effect. All correspondence and official authorization concerning the work shall be with the Engineer or 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 CONTRACTOR'S risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the CONTRACTOR. 2. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsible Bidder whose bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the bid, that his bid has been accepted and that he has been awarded a contract. The bid schedules may be awarded as a single total combined contract or in any combination of schedules which result in the lowest project cost to the Owner. 3. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the contract time shall be stated in a written NOTICE TO PROCEED written by the Engineer to the CONTRACTOR. In establishing the date when contract time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. The contract time will expire automatically the number of calendar days stated as contract time, except as the contract time may be extended by change order. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. O:\24\11748-01\50Design\Bid Documents\Section 01000_SPECIAL PROVISIONS—COB and additions.docx 01000-1 4. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the OWNER for expenses incurred by the OWNER during the contract time overrun. Provisions for liquidated damages are as set forth in the Agreement Form. 5. COST LIMITATIONS The OWNER reserves the right to eliminate or reduce certain proposal items from the project following the bid opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the OWNER. 6. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the OWNER. No substitutions will be considered until after contract award. 7. APPROVAL OF EQUIPMENT AND MATERIAL The CONTRACTOR shall fin-nish to the OWNER or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the OWNER. 8. BIDDER'S QUALIFICATIONS The CONTRACTOR shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The CONTRACTOR will be required to have a full-time resident General Superintendent on the job at all times while the work is in h 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. 9. WARRANTY If, within two years after acceptance of the work by the OWNER, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the OWNER, the CONTRACTOR shall correct any work beginning within seven(7) calendar days of Q:\24\11748-01\50Design\Bid Documents\Section 01000_SPECIAL PROVISIONS—COB and additions.docx 01000-2 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. 10. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the CONTRACTOR shall provide the Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the CONTRACTOR proposes to prosecute the work. This schedule shall be in bar graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the Construction Progress Schedule. 11. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a preconstruction conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspection, progress schedules and reports, payrolls, payment to CONTRACTORS, contract change orders, insurance, safety, traffic control and any other items pertinent to the project. The CONTRACTOR shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the OWNER to discuss the project and any problems anticipated. 12. SHOP AND FABRICATION DRAWINGS The CONTRACTOR shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data in accordance with the General Conditions. Following review, the CONTRACTOR shall resubmit copies of any drawings which required revision or correction. Any review by the OWNER will not relieve the CONTRACTOR from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Not withstanding any such review, CONTRACTOR shall remain solely responsible ,for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 13. UTILITIES The CONTRACTOR shall be responsible for checking with the owners of the underground and overhead utilities such as the City, County, power and telephone companies, etc., as to the location of their installations in the project area. The CONTRACTOR shall be solely responsible QA24\11748-01\50Design\Bid Documents\Section 01000_SPECIAL PROVISIONS—COB and additions.docx 01000-3 for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the CONTRACTOR to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-Call system (811) has been established to facilitate requests for underground facility location information. The CONTRACTOR is cautioned that all utilities may not be on this system. 14. EASEMENTS RIGHTS-OF-WAY ADJOINING PROPERTY The CONTRACTOR shall contain all of his construction operations within the easements and rights-of-way unless written approval is secured from the owner of the adjoining property or written approval is given by the owner to utilize the adjacent land area. 15. TRAFFIC CONTROL A. GENERAL The CONTRACTOR shall at all times conduct his operations so that there is a minimum interruption in the use of City streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana, latest edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the CONTRACTOR shall be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. In regards to closures, the plan shall include specific details on traffic detours and estimated duration of the closures. Details of signing, barricades, flagging and other traffic control devices shall be included, and the TRAFFIC CONTROL PLAN shall be provided to the City of Bozeman Engineering and Street Departments prior to construction. No closures will be allowed until the plan has been approved by these City departments. B. TRAFFIC ACCESS Construction work shall be programmed by the k CONTRACTOR so that local traffic will have continuous access within one block of any given property during construction. It shall be the responsibility of the CONTRACTOR to notify all residents in the area of programmed work of any street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the CONTRACTOR. C. WARNING SIGNALS All streets, roads, sidewalks, and other public thoroughfares which are closed to pedestrian, bicycle and vehicular traffic shall be protected by Q:\24\11748-01\50Design\Bid Documents\Section 01000_SPECIAL PROVISIONS—COB and additions.docx 01000-4 means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over, and obstructions, including but not limited to material stockpiles and equipment, shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. TSCHACHE LANE TO BAXTER LANE The eastern half of North 271h Avenue is currently closed to traffic by the use of concrete barrier and signs, as indicated in the Drawings. Both northbound and southbound traffic currently utilize the western half of the urban street section. The portion of road that is currently closed will be the designated northbound lanes upon completion of this project. The CONTRACTOR shall not remove the existing concrete barrier and "Road Closed" signs, for the purpose of opening this stretch of road to public traffic, without prior approval from the Engineer or his designated representative. If the CONTRACTOR needs to remove the barrier and signs for the purpose of completing construction activities, the CONTRACTOR shall take measures to provide suitable barrier and signing to the extent that adequate public protection of the work zone is provided. Final removal of the existing concrete barrier and "Road Closed" signs and the above related work shall be included in the contract bid price for TRAFFIC CONTROL. 16. DISPOSAL EROSION WATER POLLUTION AND SILTATION CONTROL The CONTRACTOR is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the CONTRACTOR, evidence of property owner's written permission shall be obtained and provided to the OWNER. CONTRACTOR shall comply with all local, state, and federal laws and regulations pertaining to erosion control, fill in wet lands, and floodplains. The CONTRACTOR shall dispose of all refuse and discarded material in an approved location. The CONTRACTOR shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the CONTRACTOR shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The CONTRACTOR shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Montana Department of Environmental Quality (MDEQ) and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. Q:\24\11748-01\50Design\Bid Documents\Section 01000_SPECIAL PROVISIONS—COB and additions.docx 01000-5 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 mits associated with erosion control and groundwater obtaining any required discharge per dewatering operations, as applicable. CONTRACTOR'S responsibility shall include all cleanup, restoration, etc., of any detention or discharge areas. The Storm Water Pollution Prevention Plan (SWPPP) Administrator shall be delegated to the Contractor for the duration of the construction project and for the entire duration of time until the Notice of Termination is accepted and processed. The CONTRACTOR shall be responsible for submitting the SWPPP application, implementing the SWPPP, and terminating the SWPPP. An initial SWPPP application form and associated Erosion Control Plans have been prepared for this project and will be available to the CONTRACTOR. The CONTRACTOR shall be responsible for completing and/or updating the SWPPP application, as necessary, for submittal to MDEQ. 17. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the CONTRACTOR, at his expense, in a manner directed by the Engineer. 18. OPERATION OF EXISTING AND NEW VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The CONTRACTOR shall not operate any existing valves without the written consent of the City of Bozeman. When new or existing valves are used to take water from the City of Bozeman water distribution system, they shall be operated by City of Bozeman personnel only. 19. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the City of Bozeman and shall be delivered to the City Shops Complex located at 814 N. Bozeman Avenue, Bozeman, MT. Should the City of Bozeman choose not to accept any salvageable items, then the CONTRACTOR shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be a� the CONTRACTOR'S expense. 20. ACCESS TO RECORDS The CONTRACTOR shall allow access to any books, documents, papers or 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. QA24\11748-01\50Design\Bid Documents\Section 01000_SPECIAL PROVISIONS—COB and additions.docx 01000-6 21. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 22. REGULAR WORK HOURS The regular work week shall consist of five working days, Monday through Friday, with regular working hours between 7:00 a.m. and 8:00 p.m. Written requests to perform work outside the regular work week or normal working hours must be delivered to OWNER and Engineer no less than 48 hours before work outside regular work hours. All work shift times of the Prime CONTRACTOR and his subcontractors shall coincide with each other to prevent extending the total hours of work in a single day. 23. GEOTECHNICAL INFORMATION AND CONSTRUCTION CONSIDERATIONS No geotechnical investigations were made specific for this project. A Technical Memorandum, dated June 10, 2016, for the pavement design assumptions has been prepared for this project. Soil moisture contents and ground water levels will fluctuate due to seasonal changes, weather, irrigation, and other variations in conditions. The CONTRACTOR is responsible to determine construction methods and include these costs in the bid unit prices. 24. PRESERVATION OF SURVEY MARKERS AND MONUMENTS The CONTRACTOR shall carefully protect from disturbance all control points, monuments, property pins, block corners and other survey monuments or markers. Any survey marker or monument that is disturbed or destroyed by the CONTRACTOR shall be replaced by a licensed land surveyor at no cost to the OWNER. A properly filed Corner Record shall be provided to the Engineer for all installed monuments to property corners or lines. If there are markers or monuments that must be removed for construction, but are not called out specifically for removal on the drawings, the CONTRACTOR shall arrange and pay for the proper referencing of the monument by a licensed land surveyor prior to removal, and for its proper installation after all construction activities are completed at no additional cost to the OWNER. Survey notes for the referencing shall be provided to the Engineer prior to any disturbance of the monument vicinity. 25. PERMITS AND REGULATORY REQUIREMENTS CONTRACTOR shall familiarize himself with the requirements of all regulatory agencies pertaining to project work performance. CONTRACTOR shall secure and pay for all permits, licenses, and fees necessary to perform the work. CONTRACTOR shall perform all the work in accordance with regulatory requirements. Any conflict between Contract Documents and regulatory requirements shall be brought to the immediate attention of the Engineer. Q:\24\11748-01\50Design\Bid Documents\Section 01000_SPECIAL PROVISIONS—COB and additions.docx 01000-7 26. GROUND DISTURBANCE AND RESTORATION All disturbed areas as a result of the construction shall be revegetated. The CONTRACTOR shall be required to stockpile and restore all topsoil disturbed by construction. 27. TESTS AND INSPECTIONS A. Scope - All work will be tested and inspected to insure compliance with the contract documents. Complete payment will not be made until CONTRACTOR has demonstrated that the work is complete, and installations will perform as required. B. Equipment and Systems Tests — The CONTRACTOR will be responsible for providing all personnel and equipment necessary to complete quality control tests on completed work. Quality control testing costs are incidental to the work and to be included in the unit price bid for the respective item. 28. USE OF PREMISES Water required for all construction to complete the Work shall be supplied by the CONTRACTOR at CONTRACTOR'S expense. 29. CONSTRUCTION SURVEYS The ENGINEER will provide construction staking for the project and associated work. ENGINEER'S surveyor will stake this project in three trips to the site. Any additional staking the CONTRACTOR needs must be provided by the CONTRACTOR, at his expense. Before the CONTRACTOR requests staking, the site must be clear and ready for staking. The total number of stakes to be provided by the ENGINEER is: ® Trip 1: ENGINEER'S surveyor will stake the limits of the roadway sub rg ade•at 50-foot intervals. ENGINEER'S surveyor will also stake the roadway subgrade offset stakes at 50-foot intervals. • Trip 2: ENGINEER'S surveyor will stake the limits of the storm drain improvements referenced to the top back of curb at center line of structure. ENGINEER'S surveyor will also stake the offset stakes. • Trip 3: ENGINEER'S surveyor will stake the limits of the curb and gutter at 50-foot intervals and/or curve points. ENGINEER'S surveyor will also stake the offset stakes. END OF SECTION QA24\1 1748-01\50Design\Bid Documents\Section 01000_SPECIAL PROVISIONS—COB and additions.dou 01000-8 SECTION 01005 MEASUREMENT AND PAYMENT PART 1 -GENERAL 1.01 GENERAL: The project Bid Sheet Schedule(s) consists of unit prices with brief descriptions for all work items. The brief descriptions do not necessarily name all the items required by the CONTRACTOR to complete the work. The following measurement and payment sections do not necessarily name all the items required by the Contract Documents to complete the work. The cost of all such incidentals shall be included in the various related bid items. The measurement and payment descriptions provided in article 1.04 of this section take precedence over the short descriptions listed with each bid item in the Bid Sheet Schedule(s) and replace the applicable method of measurement and basis of payment descriptions in the various sections of the Montana Public Works Standard Specifications and the City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition. 1.02 BID PRICES: The total bid price for each item of the contract shall cover all work shown on the contract drawings and required by the specifications and other Contract Documents. All costs in connection with the work, including furnishing all materials, equipment, supplies and appurtenances;providing all required construction support plants, equipment, and tools; performing all necessary labor and supervision to fully complete the Work; and all license and permit costs and fees, shall be included in the unit and/or lump sum prices bid. No item that is required by the Contract Documents for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the bid. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in the prices bid. 1.03 ESTIMATED QUANTITIES: All estimated quantities as stipulated in the Bid Form or other Contract Documents are approximate and are to be used; (a) as a basis for estimating the probable cost of the Work and (b) for the purpose of comparing the bids submitted for the Work. The actual amounts of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and materials famished and accepted. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of work actually performed and materials actually fimr fished and the estimated amounts. Q:\24\11748-01\50Design\Bid Documents\Section 01005_MEASUREMENT AND PAYMENT.docx 01005 - 1 1.04 MEASUREMENT AND PAYMENT ITEMS: A. Lump Sum Items: Portions of the work in the Contract are based on lump sum priced bid items for construction activities and materials required to complete the work described in the Contract Documents. No measurement of Lump Sum bid items contained in this Contract will be made. Progress of completion on Lump Sum bid items, or the approved schedule of values as applicable, shall serve as the basis of measurement. Payment shall be at the lump sum price for each item and shall include all labor, materials, equipment, and incidentals required to complete the item. B. Unit Price Items: Portions of the work in the Contract are based on unit priced bid items for construction activities and materials required to complete the work described in the Contract Documents. The unit priced bid is broken down into separate items for the purpose of progress payments and for the information of the Owner. Measurement of specified units,fully completed in accordance with the Contract Documents, including testing, shall be made for each unit priced bid item and shall serve as the basis of progress completion for unit priced bid items. Payment of the items shall include all labor, materials, equipment, and incidentals required to complete the item. C. The basis of Measurement and Payment are described in the following: Item 101 —Mobilization and Demobilization: This items shall consist of preparatory work, and operations performed by the CONTRACTOR, including, but not limited to, those necessary for the movement of his personnel, equipment, supplies, and incidentals to and from the project site; for the establishment of all offices, buildings, and other facilities necessary for all work in the project; and for other necessary associated work and operations that must be performed or costs incurred before beginning work on the various items on the project site. Mobilization and demobilization costs for subcontracted work shall be considered to be included. Payment will be at the lump sum bid price with 50 percent to be paid when mobilizing to begin construction and the remaining 50 percent to be paid following completion and acceptance of the contract work. The bid price for this item cannot exceed three percent of the total bid, excluding taxes, bonds insurance and administration. Item 102—Taxes, Bonds, Insurance and Administration: This items shall include any and all taxes, bonds, and insurance costs in relation to this project together with any fees, permits, licenses, and incidental regulatory costs assessed by local, state, or Federal agencies as required for successful completion of this project. # This item shall include cost of insurance and bonds associated with this project. All costs shall be actual cost with no CONTRACTOR'S markup (overhead and profit). Payment for bonds and insurance will be made at 100% of cost upon first progress payment. Item 103 — Erosion Control: This item shall include all costs associated with the Storm Water Pollution Prevention Plan permit preparation, permit fees, approval, documentation, permit termination, materials, tools, labor and equipment necessary to complete this item and all incidental work related thereto. This item also includes the implementation and maintenance Q:\24\11748-01\50Design\Bid Documents\Section 01005_MEASUREMENTAND PAYMENT.docx 01005 - 2 of the erosion control measures and duties of SWPPP Administrator from Notice to Proceed to acceptance and processing of the Notice of Termination. Work shall include compliance with applicable local and state requirements for the duration of this project and until the permit can be closed. Payment will be at the lump sum bid price in 10 percent increments on the basis of the percentage of work completed. Item 104 — Traffic Control: Same as MPWSS Section 01570-4.1 and as modified by The City of Bozeman Modifications to MPWSS Sixth Edition, including all addenda. Item 105—Remove Existim Curb and Gutter: Same as MPWSS Section 02112-4.2. Item 106 — Relocate Fire Hydrant: This item is measured by numerical count of fire hydrants adjusted, complete in place. Payment will be made at the contract unit price bid per each; which includes relocating and installing the fire hydrant and auxiliary gate valve at the new location,piping extensions and connections from main waterline to hydrant, all excavation, backfill, and special compaction required for the installation, thrust and anchor blocking, drain gravel, and all other work, labor, and equipment necessary or incidental for completion of the item. Item 107—Existing Water Valve Boxes to Adjust: Same as MPWSS Section 02113-4.2. Item 108—Existins Sewer Manholes to Adiust: Same as MPWSS Section 02113-4.2. Item 109— 15" Storm Drain Pipe-PVC: Same as MPWSS Section 02720-4.2. Item 110—Inlet-Standard Square: Same as MPWSS Section 02720-4.4 Item 111 — Type A Pipe Back-fill: Measurement for backfll material is based upon trench dimensions. Maximum trench dimensions are a trench width of 3'-6" for outside pipe diameters of 18 inches or less and appropriate depths depending on the type of pipe installed. Payment for the backfll material will be made at the contract price per cubic yard and shall include fiunishing and placement of suitable material, compaction, removal of unsuitable native material and all tools, equipment, labor and performance of all work necessary or incidental for the completion of this item. Item 112 — Retention Pond: Measurement and payment for this item will be on a lump sum basis. Payment will be made at the lump sum bid price based on the percentage of work completed. This item shall include the excavation and grading of the retention pond according to the Drawings, installation of the boulder basin and associated geotextile fabric and erosion blanket, and all tools, equipment, labor and performance of all work necessary or incidental for the completion of this item. Item 113 — Excavation: Measurement of excavated materials will be done on an in-place cubic yard basis. Payment will be made at the contract unit price bid per unit of measure and shall include all labor, equipment, tools and incidentals necessary to accomplish all clearing, grubbing, old pavement removals, hauling and re-grading of material, disposal, and excavating Q:\24\11748-01\50Design\Bid Documents\Section 01005_MEASUREMENTAND PAYMENT.docx 01005 - 3 to prepare the subgrade. Item 114 — Embankment: Payment for Embankment will be at the contract unit price per cubic yard for the actual field measured volume of embankment constructed and accepted in place to the specified lines and grades. Price and payment is full compensation for all labor, tools, equipment, and other incidentals necessary to secure borrow material, haul, place, level, manipulate, compact the embankment material, and perform other work for embankment construction. Item 115 — Geotextile Fabric: This item will be measured by the square yard on a plane parallel to the ground surface, excluding overlaps. Geotextile fabric shall be placed above the prepared roadway subgrade according to the Drawings. Payment will be made at the contract unit price per unit of measurement for the pay item and shall include all materials,placement of fabric, tools, equipment, labor and performance of all work necessary or incidental for the completion of this item. Item 116—3" Minus Crushed Sub-Base Course: Same as MPWSS Section 02234-4.1. Item 117—1.5"Minus Crushed Base Course: Same as MPWSS Section 02235-4.1. Item 118 — Asphalt Concrete Pavement (4" Thick): This item is measured by the ton (2,000 pounds) of asphalt paving mixture, including the weight of the asphalt. The quantities measured for payment are the amount of asphalt paving materials actually used in the completed and accepted work in accordance with the plans and specifications. Payment will be made at unit price bid per ton and shall include cleaning base or underlying course; for producing, fuunishing, handling, transporting, measuring, manipulating and placing of materials; for placing, shaping, compacting, and finishing the paving mix; for improving unsatisfactory areas; for furnishing samples; for fizrnishing, testing and certifying of scales; for ftunishing the weigh house; for all materials, manipulation, labor, tools, equipment and incidentals necessary to complete the work in full compliance with the plans and specifications. Item 119—Concrete Curb and Gutter: This item is measured and paid for by the lineal feet of combined curb and gutter in-place at the contract unit price bid. Price and payment is full compensation for all materials, curing of concrete, expansion joints, contraction joints, steel dowels and sleeves, all equipment, tools, labor and for the performance of all work and incidentals necessary to complete this item. The lineal feet measurement is the horizontal distance measured along the face of the curb. Item 120—Concrete Sidewalk(4" Thick): This item is measured and paid for by the square foot of concrete sidewalk constructed at the contract unit price bid. Price and payment is full compensation for all materials, excavation, backfill, furnishing and placing gravel base, compaction, curing of concrete, equipment, tools and labor, and for the performance of all work and incidentals necessary to complete this item. Item 121 —Street Lighting; Measurement and payment for this item will be per lump sum as required by the plans and specifications for fiinushing all equipment, labor,tools, and materials Q:\24\11748-01\50Design\Bid Documents\Section 01005_MEASUREMENTAND PAYMENT.docx 01005 - 4 for the complete installation of the street lighting system and includes any required permits and certificates of inspection and all other incidentals to complete this item. Work shall include compliance with all applicable state and local codes and ordinances applying to the work. Payment will be made at the lump sum bid price based on the percentage of work completed. Item 122—Pavement Marking: Measurement and payment for pavement marking will be on a lump sum basis. This item shall include all new pavement markings, including words and symbols, as required by the plans and specifications as well as replacing pavement markings damaged or removed during construction. This item also includes the removal of existing pavement markings as required by the plans and specifications. This item includes all tools, equipment, materials, labor and performance of all work necessary or incidental for the completion of this item. Payment will be made at the lump sum bid price based on the percentage of work completed. Item 123 —Curb Paint: This item will be measured by the lineal feet of curb painted in-place and accepted. Payment will be made at the contract unit price per unit of measurement for the pay item and shall include all materials, tools, equipment, labor and performance of all work necessary or incidental for the completion of this item. The lineal feet measurement is the horizontal distance measured along the face of the curb. Item 124—Seedinu: Same as MPWSS Section 02910-4.1. Item 125 — Flexible Delineator (Yellow): This item will be measured by the number of flexible delineators installed, complete in place and accepted. Payment will be made at the contract unit price bid per each; which includes full compensation for all materials, tools, equipment, labor and performance of all work necessary or incidental for completion of the item. Item 126,Item 127 &Item 128—New Sign,Reuse Si!n &Remove SiLyn: Same as Section 09810-4 of The City of Bozeman Modifications to MPWSS Sixth Edition, including all addenda. Item 129—Pipe Sleeves: This item will be measured by the lineal feet of pipe sleeves in-place and accepted. Payment will be made at the contract unit price per unit of measurement for the pay item and shall include all materials, tools, equipment, labor and performance of all work necessary or incidental for the completion of this item. END OF SECTION Q:\24\11748-01\50Design\Bid Documents\Section 01005_MEASUREMENT AND PAYMENT.docx 01005 - 5 DIVISION 2 SITE WORK Revise MPWSS Section 02 720 as follows: SECTION 02720 STORM DRAIN SYSTEMS 4.2 STORM DRAINS Add the following: A. Measurement of storm drain pipe is in lineal feet (meters) and includes flared end sections. END OF SECTION Q:\24\11748-01\50Design\Bid Documents\Section 02720—STORM DRAIN SYSTEMS.docx 02720 - 1 SECTION 02760 PIPE SLEEVES PART I: GENERAL 1.1 DESCRIPTION A. The work of this section consists of all items necessary to install the proposed pipe sleeves, as indicated on the plans. 1.2 PRODUCT HANDLING A. Protection Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installed work and materials of all other trades. B. Replacements In the event of damage, immediately make all repairs and replacements necessary to the approval of the ENGINEER and at no additional cost to the OWNER. PART 2: PRODUCTS 2.1 PIPE A. Pipe Sleeves shall be Schedule 40 PVC 6" diameter unless noted otherwise, or equal approved by ENGINEER a. Installation Provide empty sleeves along the project as noted on the drawings. Extend sleeves one foot beyond curb & gutters and/or sidewalks on both sides. Sleeves shall be installed 18 inches below finished grade. Cap ends of empty sleeves with duct tape. b. Sleeve Location Marking The location of all sleeves shall be marked along both of the extreme edges of any new curb & gutters and/or sidewalks installed over the sleeve. This shall be accomplished by pressing the end section of a two-inch (2") pipe into the uncured face of curb and/or sidewalk surface to make an imprint. QA24\11748-01\50Design\Bid Documents\Section 02760_PIPE SLEEVES.docx 02760- 1 PART 3: EXECUTION 3.1 SURFACE CONDITIONS A. Inspection a. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 3.2 INSTALLATION A. Methods a. Sleeves laid in open trenches shall be uniformly and evenly supported by undisturbed soil on the trench bottom. Backfill shall conform to standards hereinafter specified. b. Sleeves installed in borings shall be forced through and shall have a snug fit throughout the length of the bored hole. Sleeves cracked or broken shall not be accepted. 3.3 BACKFILL A. Material a. Backfill material shall be free of clods, lumps of frozen material, or stones larger than one inch in their maximum dimension. The bedding and select material under, around and six inches above the top of the pipe shall be placed by hand in maximum layers of six inches and carefully compacted in a manner which will not displace the pipe. Compaction of the select backfill shall be at least 90%of the maximum density as determined by AASHTO T-180. Water settling will not be allowed. PART 4: MEASUREMENT AND PAYMENT 4.1 GENERAL A. Measurement of pipe sleeves is made in lineal feet along the centerline of the pipe. Payment for pipe will be made at the contract unit price per lineal foot of the various sizes called for, which includes furnishing and installing pipe, trench excavation and backfill, and all other work necessary or incidental for completion of the item. END OF SECTION Q:\24\11748-01\50Design\Bid Documents\Section 02760_PIPE SLEEVES.docx 02760- 2 Revise MPWSS Section 02910 as follows: SECTION 02910 SEEDING 1.1 DESCRIPTION Add the following: C. Sod/Lawn Mix Area: Bluegrass/Fescue seed mil for use in raised median and boulevard areas shown on the Drawings. 2.1 SEED D. Add the following: Seed of grass species shall be as follows: 1. Sod/Lawn Grass Seed Mix (ABC Lawn Mix by Circle S Seeds, Manhattan, MT) Common Name % of Mix Kentucky Bluegrass 60 Perennial Ryegrass 25 Creep Red Fescue 1 Based on a drill-seeding rate of approximately 5 pounds PLS (pure live seed) per acre. The rates will be doubled for hand broadcast seeding, which is 10 pounds PLS per acre. END OF SECTION QA24\11748-01\50Design\Bid Documents\Section 02910_SEEDING.docx 02910 - 1 SECTION 02930 EROSION BLANKET PART 1: GENERAL 1.1 DESCRIPTION A. Furnish and install all erosion blankets to control sediment erosion as specified in the Contract and this section. PART 2: PRODUCTS 2.1 GENERAL A. Furnish erosion blankets in accordance with the Contract. Furnish natural fiber netting consisting of woven 100% biodegradable natural fibers such as coir, jute or sisal. Furnish blankets designed to stabilize and hold previously applied mulch or compost on slopes as well as newly constructed storm water basin slopes. 2.2 MATERIALS A. Furnish a natural fiber matrix constructed of two or three nets of heavy-duty polypropylene, polyethylene or nylon. The internal matrix fiber is composed of a natural fiber such as curled wood, straw or coconut. Property Value Test Method Matrix material— 70% straw/30% coconut, or 100% coconut fiber, 100% biodegradable o or 2 N/A 100% Curled wood fiber. minimum 0.5 bs/yd Top and bottom netting Synthetic fiber—minimum N/A 5.0 lbs/1,000 ft Center net Synthetic fiber—minimum 24.0 lbs/1,000 ft N/A k Minimum tensile strength—TD 737 lbs/linear ft ASTM D6818 Minimum tensile strength—MD 620 lbs/linear ft ASTM D6818 UV stability o ASTM D4355 (minimum % tensile retention) 100% (1000-hour exposure) Minimum thickness 0.7 inches ASTM D6525 Q:\24\11748-01\50Design\Bid Documents\Section 02930_EROSION BLANKET.docx 02930 - 1 PART 3: EXECUTION 3.1 TOPSOIL A. Place at least 6 inches (15 cm) of topsoil in all areas to be seeded. Import topsoil if sufficient topsoil is not available from excavated areas of the project. 3.2 SEEDBED PREPARATION A. Perform seeding per the Contract and section 02910. 3.3 EROSION BLANKET A. Install the erosion control blanket after seeding has been completed following the manufacturer's recommendations. PART 4: MEASUREMENT AND PAYMENT 4.1 GENERAL A. No separate measurement and payment is made for EROSION BLANKET. Include all costs for this item in the lump sum bid price for RETENTION POND. END OF SECTION QA24\11748-01\50Design\Bid Documents\Section 02930_EROSION BLANKET.docx 02930- 2 DIVISION 3 CONCRETE The sections contained in Division 3 — Concrete from the City of Bozeman Modifications to Montana Public Works Standard Specifications 6t" Edition, April 2010 and the Montana Public Works Standard Specification 6t" Edition, April 2010 shall be made part of this document.