HomeMy WebLinkAbout06- Big Sky Asphalt Certificate of Liability Insurance
JUL~ 11 ~2006 01: 42 PM BIG, SKY. ASPHALT
. .
406 587 1756
P..02/0~
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ACORD", CERTIFICATE OF LIABILITY INSURANCE ~AT! (MMIDONYYY)
07/05/06
rRC"J.',IcJ';l\ THIS CE:RTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holness LaBar Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOL.DER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
A Member of Payntll Financial Group ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. Box 30838
Billings, MT 59107.0638 INsURERS AFFORDING COVERAGE NAIC#
INSURl::O INSUReR A. Montana State Fund
Big Sky Asphalt. Inc. INSURl::R B:
P.O. BoxB35 ..
INSURE:R c;
Bozeman, MT 59771 INSURER 0:
INSIJRf-R E:
C!Ld: 43B8
BSASPHAL
COVERAGES
THE POLICIES OF INSURANCE LISTED aELOW HAVE aEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOP INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESpr;CT TO WHICH THIS CERTIFICATE MAY BE ISSUEP OR
MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DI';SCRla~D HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONPITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR INGRC TYPE O~ IN$URANC~ PO~ICY NUMIi~R "JlAL-/iY E~~ECT~VE r~'A'f: (~XJ,~~~I.9,t.l UMITS
-
..2!.NE RA~ ~lAElI~ITY l:ACH OCCIIRRENCr: ~
pMMloFlCIAL OENP.flAL LIAElILIlY DAMAGE TOllENTEP $
- CLAIMS MAD!'. D OCCUR
Ml"D !'.XP (Any en. """,,,n) $
-
i-- Pl::RSDNAL & ADV INJURY $
GENERAL AGGREGATE $
-
~'L A(lGREnE~IMIT APFlS PER: PRODUCTS. COMP/OP AOG $
POLICY P,t:'?.; LOC
~TOMOI1I~E LIABILITY COMBINED SINGl.F- I_IMIT $
ANY AU1'O lEa acclaant)
'--
~ ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Pa, parson)
'--
~ HIRE'O AUTOS SOOIL Y INJURY
$
NON.OWNED AUTOS (pel "Wa"~I)
~
I"ROFER1'Y OAMAO"- $
(P~I ...iaonl)
_._IIN'"
;lAGE LIABILITY AUTO ONLY. liA ACCIQENT $
ANY AllTO OTHER 1'HAN EA ACC $
AUTO ONLY' AGG $
5E8t1IUtIIBRELLA LIAI:IIUTY &ACH OCCUR~NCC $
OCCUR D CLAIMS MADE AGGRF.OATI; $ ....,..... .~,
$
~ D"-DUCTIBLE $
RETENTION $ $ ---.'--- -----
A WORKfJ'tS COMPENSATION AND 032572307 07/01/06 ll7/01/01 X I T~~,N.~r~;.1 IOJ~'
EMPLoreRS' LIAIIIUTY E.L. EACH ACCIOe"lT s90.000
.!,NT P/10P/1IETOAIPARTNERlEXECUTIVE
OFFICERiMEMBER EXCLUDED? E.l. DISEASE. E'" EMPlOYEI s8OO.ooo
~~c~~~~v~1~;."s b.low ~_L. DISEASE" Pl:lllCY LIMIT $SOO 000
OTMIER
DESCRIPTION OF DPf!l\ATION& I LOCATIONS I VEHICI.ES I EXCI.U&IOHS ADDEO IlY ENDORSEMENT I SPECIAL PROVISIONS
All operations of the named Inlured's Montana reBldent employees.
RE: City of ao~eman 2006 Street Improvement5
".t.
CERTIFICAT'" HOLDER
City of ao~eman
POBox 1230
Bozeman, MT 59771
CANCEL.L.ATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE~lED BEFORE THE EXP'MTION
DATE THEREOF, THE ISSUINClINSURER WILL ENDEAVOR TO MAIL ---1.lL OAYS WRml:N
,",OllC" TO 'fHE C"RTIFICATE I~OLO"R NAME 0 1'0 THE lEFT. BUT FAILURE TO 00 SO SHALL
ACORD 25 (2001108) 1 of 2
#M:238903
seMi
ill ACORD CORPORATION 1988
JUL-11-2006 01:42 PM BIG,SKY,ASPHALT
. .
1 406 587 1756
P,03/G4
BSASPHAL
ACORD,~ " EVIDENCE CF'.PRQP:I:RTY INSURANCE
DATE (MMlllllNY)
07/05/06
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE
RIGHTS AND PRIVilEGES AFFORDED UNDgR THE POLICY.
PRO~CER I il18.N:o. Ell):
Ho~ness LaBar !nsurance
A Member of Payne Financial Group
P.O. Box 30638
Billings, MT 59107-0638
I
COOl<: ' SUB COllE:
AClENCY
CUSTOMER 10 II: 4 3 8 8
INSURED
Big Sky Asphalt, Inc.
City of Bozeman
Subcontractors and Sub-subcontractors
P. O. Box 835
Bozeman \ MT 59771
PROPERTY INFORMATION
LOC" TIONlDESCRIPTION
City of Bozeman 2006 Street Improvements
Bozeman, MT 59715
COVERAGEINFORMAnON
COVERAGEIPl<RILSIFORM9
COMPANY
Cincinnati Insurance Company
P.O. Box 145496
Cincinnati, OH 45250-5496
LOAN NUMBER I POLICY NUMBER
Owner BINDER666874
EFFECTIVE DATE ! eXPIRATION DATE I CONTINUED UN IlL
07/04/06 i 07/04/071 ITeRMINATEDIFCfI~(,,)(l::O
THIS flEPUCES PRIOR EVIDENCE DATED:
AMOUNT OP INSURANCE
DEDUClllILE
Builders Risk Coverage - Special Form Including Theft
At the job site
Limit at temporary locations
Transit limit
Earthquake
REMA~l<S (111~tudlnQSptlalai ConQltlonl) , .
$312,376
$50,000
$50,000
:$312,376
$1,000
$1,000
$1,000
$25,000
"':'
i
;.,
:~/1. ;
.11.
-Y
CANCELLATION ,. , , . . ,
THE POLICY is SUBJECT TO THE PREMIUMS, FORMS. AND ~ULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE
POLICY BE TERMINATED, THE COMPANY WIl-l-, GIVE THE ADDITIONAL INTEREST iDENTIFIED BELOW 45 DAYS
WRITTEN NOTICE, AND WIlL SEND NOTIFICATION OF ANY CHANGES TO THE POI-ICY THAT WOULD AFFECT THAT
INTEREST IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
ADDITIONAl.. INTriREST
N"M~ AND ACCR~SlI
City of Bozeman
POBox 1230
Bozeman, MT 59771
I
ACORD 21 {31931 1 of
1
4210'7
: I t.AORTGAG~E
~OSS PAYEE
LOAN II
I ' ADDlTIONAL INSURED
xi Project owner
AUTHORIZED F!!;/>Rt:;t;SNTATlVE
.l)~1 7'~
SCMI QJ ACORP CORPORATION 199
J U L - 1 1.- 2 0 0 ~ 0 1 : 4 2 PM BIG. SKY , AS P HAL T
406 587 1756
P. 0 4 / [)~
CIIArtt#; 4388 BSASPHAL
ACORDT. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOOIYYVY)
. 07105/06
rFlODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holness !-aBar Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
A Member of Payne financial Group HOL.DER. THIS CeRTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFO~DED BY THE POLICIES BELOW,
P,O, Box 30838
Billings, MT 59107.0638 INSURERS AFFORDING COVERAGE NAIC#
~D' INSURER A: Continental Western
Big Sky Asphalt, Inc. INSURER II:
P. O. Box 835 ___r~._....__
INSLJRI:':R c:
Bozeman, MT 59715 INSURER D:
INSI,/ReR fi: '"
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BlCEN ISSUED TO nlE INSU~EO NAMED ABOVE FOR THE POLICY PERIOD INDiCATED. NOTWITHSTANDING
^NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMI;NT WITH RESPECT TO WHICI" nlls CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORPl"P BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE Tl"RMS. l"XCI.UStONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REPUCl"P ay PAID CLAIMS.
TYPE OF INSURANC" POLICY NUM6ER flDOAL{.~Y I:iFFEGTlVE POLICY EXPIRATION ~IMITS
"TR 11<l~'u
A GeNERAL LIA81LITY CWPi32027924/R 07/01106 07/01/07 EACH ()(;(;VRRENCE S1 000 000
f------. DAMAGE TO RENTED 1100.000
~ COMMERClAL GENERAl. LIAIlILITY
~ ::JCLAIMS MADE [i] OCCUR MEO EXP (""~ OM PllIllOfl) 15 000
X PO Oed:2,OOO PERSONAL & AOV INJURY $1 000.000
GF.NfflAI AGC'.,fl~GA TF. $2000.000
n'L AGGREGATF.I.IMIT APnS PER: PROOUCTS - COMP/OP AGG s2000,oOO
POLICY n ~~~T LOC
A ~TOMOBILf;: LIAIlIUTY CWP232027924/R 07/01/06 07/01/07 COMBINeD SINOI.~ LIMll s1 ,000,000
~ ANY AUTO (Ea sceldsell
ALL OWNED AUTOS llOOIL Y INJURY
e-- $
SCHEDULED AUTOs IF'" person I
f------
~ l'IIRtW AUTOS BODILY INJURY
5
X NON-QWNED AUTOS (P", aWdenl1
~
~ PROPERTY DAMAGE $
IP'" OOCld"nt:
~AGE LIABILITY AUTO ONL Y . EA ACCIOENT $
ANY AlITO OTHER THAN eA ACC $
AUTO ONLY AGe> $
A ~ESS/\JMBRELLA L1A8IWY CU232028323/R 07/01/06 07/01107 EACH OCCURRENCE $1.000000
X OCCUR 0 CI.AIMS MADE AGGREGATE $1 000 000
~ OEOUCTlllLE $
$
X RETENTION sO $ -...--. --.
WORKERS COMPENSATlON AND I Tmi.sj~~W;, I IOJ~'
EMPLOYEIlS' UAIlIUTY E_L. EACH "caDENT S
MY PROPRIETORlPARTNERlEXeCUTlVI<
OFFICl'.MAEMSI:i( EXCLUDED? E.L. OISEASe - EA a.tPlO'fEI $
:~c.t'~~~~~NS Mlo,", I<.L. DISEASE. POliCY ~IMIT $
OTWER
DESCIlIPTlON OF OPERATIONS I LOCATIONlIl V!HICLES I EXCLUSIONS .wOED BY ENDORSEMENT I fiPECIAL PFlOVI&lONlt
CGrtlflcate holder Is addItional InsurCld as required by written contract. Cancellation
for non-payment of premium will arways be 10 days.
RE: CIty of BOleman 2006 Street Improvements
:,:- ~
-><>t.
'1
CERllFICA TE HOL.DER
CANCEL.L.ATION
City of Bozeman
POBox 1230
Bozeman, MT 59711
SHOULD ANY OF THE AIlOVE DESCRIBED POLICIES BE CANCeLLED BEfORE TWE EXPIRATION
DATE T1iEREOF, THE ISSUING INSURER WILL ENDEAVOfl TO Io1AIL ----45.... DAYS WRITTl"N
NOllCE TO THE CERTIFICATE HOLDER NAMED TO ~E LEFT,IlUT FAILURl" TO po $0 &HA~L
IMPOSE 1<l0 OBUGATlON OR LIABILITY OF J\NY KIND UPON THE INSIJREFl, ITS AGENTS OR
ACORD 25 (2001/08) 1 of 2
#242676
SCM1
Iil ACORD CORPORA liON 1988
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CITY OF BOZEMAN, MONTANA
2006 STREET IMPROVEMENTS
May 2006
TABLE OF CONTENTS
CONTRACT DOCUMENTS
Invitation to Bid
Instruction to Bidders
Bid Form
Bid Bond
Agreement Form
Payment and Performance Bonds
Standard General Conditions of the Construction Contract (by reference)
Supplementary Conditions
Montana Prevailing Wage Rates
CONSTRUCTION SPECIFICATIONS
Special Provisions
Measurement and Payment
APPENDIX A
Standard Drawings
APPENDIX B
Estimated Quantities, Work Vicinity Maps, Plan Sheets
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INVITATION TO BID
The City of Bozeman will receive sealed bids for its 2006 STREET IMPROVEMENTS
consisting of proposed Seal Coat applications and Hot Mix Asphalt Overlays on various
streets within the City of Bozeman. Sealed bids so entitled and addressed to the City
Clerk, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230 will
be received until 2:00 p.m., local time, June 2,2006, and then publicly opened and read
thereafter.
Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained
upon payment of $15.00 for each set, at the City of Bozeman, Engineering Department, 20
East Olive Street, Bozeman Montana 59715. Any bidder or non-bidder returning the
CONTRACT DOCUMENTS promptly and in good conditions, will be refunded his $15.00
payment
All bids and proposals for the construction of any public contract project shall contain a
statement showing that the bidder or contractor is duly and regularly registered under the
laws of the State of Montana, and the contractor's registration number shall appear upon
such bid or proposal, and no contract shall be awarded to any contractor unless he is the
holder of registration, all as defined by MCA 39-9-101 through 410.
All laborers and mechanics employed by contractors or sub-contractors in performance of
the construction work shall be paid wages at rates as may be required by the laws of the
State of Montana. The contractor must ensure that employees and applicants for
employment are not discriminated against because of their race, color, religion, sex or
national origin.
Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid
Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent
(10%) of the total amount of the bid. Successful bidders shall furnish an approved
Performance Bond and a labor and materials Payment Bond, each in the amount of One
Hundred percent (100%) of the contract amount Insurance as required shall be provided
by the successful bidder(s) and a Certificate(s) of that insurance shall be provided.
No bid may be withdrawn after the scheduled time for the public opening of bids, which is
2:00 p.m. local time, June 2, 2006.
The right is reserved to reject any or all proposals received, to waive informalities, to
postpone the award of the contract for a period of not to exceed Sixty (60) days, and to
accept the bid which is in the best interests of the Owner.
The City of Bozeman is an Equal Opportunity Employer.
1
INVITATION TO BID
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Dated at Bozeman, Montana, this 12th day of May, 2006.
Publication:
May 17, 2006
May 24,2006
City Clerk, City of Bozeman
(Title)
2
INVITATION TO BID
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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, 411 East Main Street, P.O. Box 1230, Bozeman,
Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2006
STREET IMPROVEMENTS, CITY OF BOZEMAN.
Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or
deviations therefrom may be considered as sufficient cause for rejection.
Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular.
BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the
amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which
may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A
Bidder's Bond issued by a surety company authorized to do business in the State of Montana
will also be acceptable.
SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name
and with his business address or place of residence. In case of a firm or partnership, the
name and residence of each member must be inserted. In case the Bid is submitted by, or in
behalf of, a corporation, it must be signed in the name of such corporation by an official who is
authorized to bind the corporation, and who shall also affix the corporate seal of such
corporation. The Bid of a corporation which is signed by a person other than a corporate
officer must be accompanied by a Power of Attorney showing that person's authority.
ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different
names will not be received from one firm or association.
RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of
others, may be required to submit satisfactory evidence of this authority to do 50_
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
1 INSTRUCTIONS TO BIDDERS
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meet obligations incident to the 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, Edition (MPWSS), published March 2003, 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 (COB MODS), dated March 2004, which is
also hereby incorporated as part of these contract documents, and as further modified herein
by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these
CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document.
Selected sections of the MPWSS have been reprinted in this document to provide a clear
definition of the project and detail modifications to the MPWSS made by the City of Bozeman,
in order to assist the Contractor in preparation of his Bids.
The complete CONTRACT DOCUMENTS which comprise this entire document, and are made
a part hereof, consist of the following:
Invitation to Bid............................ Bound Herein
Instructions to Bidders..................Bound Herein
Bid Form...................................... Bound Herein
Bid Bond...................................... Bound Herein
Agreement Form.......................... .Bound Herein
Payment Bond....................... _...... M PWSS/Bound Herein
Performance Bond...... .......... ...... ..MPWSS/Bound Herein
Standard General Conditions.......,MPWSS
Supplementary Conditions............MPWSS/Bound Herein
Miscellaneous Forms
Notice of Award..................MPWSS
Notice To Proceed............, MPWSS
Change Order........... ..........MPWSS
Work Directive Change.......MPWSS
Application For Payment
(Guidance Only)............... MPWSS
Certificate of Substantial
Completion........................ M PWSS
Wage Rates....................... __.......... Bound Herein
Special Provisions.................."...,.. Bound Herein
Technical Specification...................MPWSS & COB MODS
2 INSTRUCTIONS TO BIDDERS
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Appendix A--Standard Drawings......... MPWSS/Bound Herein
Appendix B--Maps and Plan Sheets...... Bound Herein
EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each
Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize
himself with location conditions that may in any manner affect cost, progress or performance
of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost, progress or performance of the Work; and (d)
study and carefully correlate Bidder's observations with the Contract Documents.
Any Bidder may, upon request, examine those reports of investigations and tests of
subsurface and latent physical conditions at the site (if any) which have been relied upon in
preparing the drawings and specifications. These reports are not guaranteed as to accuracy
or completeness, nor are they part of the Contract Documents. Before submitting his Bid each
Bidder will, at his own expense, make such additional investigations and tests as the Bidder
may deem necessary to determine his Bid for performance of the Work in accordance with the
time, price and other terms and conditions of the Contract Documents.
On request, Owner will prOVide each Bidder access to the site to conduct such investigations
and tests as each Bidder deems necessary for submission of his Bid. Any administrative
requirements and associated costs of such investigations are the responsibility of the Bidder.
The lands upon which the Work is to be performed, rights-of-way for access thereto and other
lands designated for use by Contractor in performing the Work are identified in the
specifications or on the drawings.
The submission of a Bid will constitute an incontrovertible representation by the Bidder that he
has complied with every requirement of this section and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and conditions
for performance of the work.
Where logs of test borings are included in the contract plans, it is agreed that such logs do not
constitute a part of the contract and are included only for the convenience of the bidder or
Contractor and do not relieve him of his duties under this section or of any other responsibility
under the contract.
No information derived from any inspection of records of investigation or compi lation 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 mayor may not be given. The
3 INSTRUCTIONS TO BIDDERS
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Contractor shall make written inquiry of the related utility agency to determine the location of
underground utilities in the project area.
INTERPRETATION OF CONTRACT DOCUMENTS Ifany 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.
ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract
Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid
and shall be made a part of the Agreement. Receipt of each addendum shall be
acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be
considered incomplete and will not be read.
PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract
Documents. Neither the proposal nor any other pages bound herein or attached hereto shall
be detached.
Proposals shall be in a sealed envelope and addressed to:
City Clerk
City Hall
411 E. Main Street
P.O. Box 1230
Bozeman, MT 59771-1230
The envelope shall also contain the following information:
Name of Project: City of Bozeman 2006 Street Improvements
Name of Contractor:
Montana Certificate of Contractor Registration No.
Acknowledge Receipt of Addendum No.:
In the lower left hand corner of the envelope print or type:
4 INSTRUCTIONS TO BIDDERS
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BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M.
June 2, 2006.
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 NOR ANY OTHER PAGES FROM THE
BOUND CONTRACT DOCUMENT.
B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with
these documents.
C All blank spaces must be properly filled.
D. The total bid price must be stated in both writing and in figures. In case of a
discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be
used in computing the total bid price.
E. The proposal form shall contain no additions, conditions, stipulations, erasures,
or other irregularities.
F. The proposal must acknowledge receipt of all addenda issued.
G. The proposal must be signed in ink and display the bidder's name, address, and
current Montana Contractor's License Number.
SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached
tt,ereto a power of attorney evidencing authority to sign the bid in the name of the person for
whom it is signed.
Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an
attorney-in-fact If signed by an attorney-in-fact, there shall be attached to the bid a power of
attorney evidencing authority to sign the bid.
Bids which are signed for a corporation shall have the correct corporate name thereof signed
in handwriting or in typewriting and the signature of the president or other authorized officer of
the corporation shall be manually written below the written or typewritten corporate name
following the work:
5 INSTRUCTIONS TO BIDDERS
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By:
Corporate Seal
Title:
If bids are signed for any other legal entity, the authority of the person signing for such legal
entity should be attached to the bid.
TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic
communication at any time prior to the scheduled closing time for receipt of bids. The
telegraphic communication shall not reveal the bid price, but shall only provide the addition or
subtraction from the original proposal. Telegraphic proposal modifications must be verified by
letter. This written confirmation shall be received no later than three working days following
the bid opening or no consideration will be given to the telegraphic modification.
BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment
complying fully with the plans and specifications and, in the event he names in his bid
materials or equipment which do not conform, he will be responsible for furnishing materials
and equipment which fully conform at no charge in his bid price.
Before submitting a proposal, each Contractor should read the complete Contract Documents
(including all addenda), specifications and plans, including all related documents containing
herein, all of which contain provisions applicable not only to the successful bidder, but also to
his subcontractors.
BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations
of the proposed work and by such other means as they may prefer as to the correctness of
any quantities.
The estimated unit quantities of the various classes of work to be done under this contract are
approximate and are to be used only as a basis for estimating the probable cost of the work
and for comparing the proposals offered for the work. The Contractor agrees that, during
progress of the work, the Owner may find it advisable to omit portions of the work, to increase
or decrease the quantities as may be deemed necessary or desirable, that the actual amount
of work to be done and materials to be furnished may differ from the estimated quantities, and
that the basis for payment under this contract shall be the actual amount of work done and the
materials furnished,
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.
WITHDRAWAL OF BID No Bidder may withdraw his Bid for a period as specified in the
6 INSTRUCTIONS TO BIDDERS
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Invitation to Bid after the date and hour set for the opening declared herein. A Bidder may
withdraw his proposal by a written request of the Bidder at any time prior to the expiration of
the period during which Bid may be submitted, which request must be signed in the same
manner and by the same person or persons who signed the Bid.
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. If
the Owner or Engineer after due investigation has reasonable objection to any proposed
Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder
to submit an acceptable substitute. If the substitution results in an increase in the Bid, a
corresponding adjustment will be made in the contract price. If the apparent low Bidder
declines to make any such substitution, the contract may not be awarded to such Bidder, but
Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any
subcontractor so listed and to whom Owner or Engineer does not make written objection prior
to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer.
Contractor shall not be required to employ any subcontractor against whom he has reasonable
objection.
The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of
Award will be required in the performance of the work.
AWARD OF CONTRACT The award of contract, if awarded, will be made within the period
specified in the Invitation To Bid to the lowest responsible Bidder whose Bid complies with all
the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to
the address shown on the Bid, that his Bid has been accepted and that he has been awarded
the contract.
CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any
contract at any time before the complete execution of the Agreement by all parties without any
liability against the Owner.
RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders,
will be returned immediately following the opening and checking of the Bids. The Bid
7 INSTRUCTIONS TO BIDDERS
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guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10)
days following the award of the contract. The Bid guarantee of the Bidder to whom the
contract is awarded will be returned when said Bidder has executed an Agreement and filed
satisfactory Performance and Payment Bonds as hereinafter stipulated.
PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded
will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner
each in an amount equal to one-hundred percent (100%) of the Agreement amount.
The Bonds shall be executed on the forms bound herein, signed by a surety company
authorized to do business in the State of Montana, and acceptable as a surety to the Owner
and countersigned by a Montana Resident Agent.
With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to
include the date of the Bond.
EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the
successful Bidder and returned, together with the contract Bonds, within the time shown on the
Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt
from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to
withdraw his Bid without penalty. No Agreement shall be considered as effective until it has
been fully executed by all of the parties thereto.
FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a
Performance Bond and Payment Bond shall be just cause for annulment of the award. In the
event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not
as a penalty but as liquidation of damages sustained. Award may then be made to the next
lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may
decide.
BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form,
Bond forms, Agreement, contract stipulations, or other specifications shall be removed from
the bound copy of Contract Documents prior to submission of Bid.
PAYMENTS Payment for all work performed under this Agreement will be made by the Owner
within the time period specified in and in accordance with the procedures outlined in the
General Conditions. Payments made after the time limit will be subject to interest at the rate
specified in the Agreement.
When the work extends beyond thirty (30) days, progress payments will be made monthly for
any work accomplished during the preceding month, but subject to retainage as specified
elsewhere.
PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all
subcontractors shall pay for all labor employed the standard prevailing rate of wages. The
8 INSTRUCTIONS TO BIDDERS
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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.
fy10NTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered
that do not carry the Bidder's Certificate of Contractor's Registration number on the envelope
containing the Bid and on the Bid. Information pertaining to the Montana Contractor
Registration requirements may be obtained from the Montana State Department of Revenue,
Helena, Montana. (1-800-556-6694)
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,
MeA, a preference of three percent (3%) will be given to the lowest responsible Bidder who is
a resident of the State of Montana over a nonresident Bidder. This preference applied 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.
9 INSTRUCTIONS TO BIDDERS
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BID FORM
2006 STREET IMPROVEMENTS
CITY OF BOZEMAN
BOZEMAN, MONTANA 59771
TO: City Clerk
P.O, Box 1230
Bozeman, Montana 59771-1230
THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the
Contract Documents, the site(s) where the work is to be performed, local labor conditions and
all laws, regulations, municipal ordinances and other factors which may affect the performance
of the Work, and having satisfied himself of the expense and difficulties attending performance
of the work:
HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the
form attached, to perform all work forthe construction of Seal Coat Improvements and Hot Mix
Asphalt Overlays, including the assumption of all obligations, duties, and responsibilities
necessary for the successful completion of the contract and the furnishing of all materials and
equipment required to be incorporated in, and form a permanent part of, the work; tools,
equipment, supplies, transportation, facilities, labor, superintendence, and services required to
perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the
Contract Documents to be performed or furnished by Contractor within the time and for the
prices set forth in the following schedules,
The undersigned bidder agrees to be bound by this Bid for a period not to exceed that
specified in the Invitation to Bid,
The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract
within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to
complete all Work within the time specified per schedule after commencement of the contract
time as defined in the General Conditions,
The allowed contract time is 30 calendar days.
Where multiple schedules are awarded under a single Contract, the contract times shall run
concurrently unless separate notices to proceed are issued for the awarded schedules,
Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form,
The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and
should a discrepancy exist in the total prices and total amount of Bid as listed above, after
extensions are checked and corrections made, if any, the total amount of the Bid as corrected
shall be used in awarding the contract.
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BID FORM
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The undersigned Bidder agrees that he has been afforded access to the construction site and
has performed those independent site investigations as he deemed necessary.
The undersigned Bidder hereby certifies the following:
A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed
person, firm, or corporation, and is not submitted in conformity with any agreement or rules of
any group, association, organization, or corporation;
B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid;
C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding;
D) That he has not sought by collusion to obtain for himself any advantage over any other
Bidder or over the Owner.
E) That he is not currently operating beyond the contract time on any previously awarded
public works contract as defined and required by Article 15-50-203, MCA, as amended,
The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify)
pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed.
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BID FORM
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BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the
I following unit prices or lump sums:
BID SCHEDULE
I NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE
(Fiqures) (FiQures)
I 101 Cationic Emulsified Gal. $ ::2 09 25,130 $ ~O.:2(J)ifd.
Asphalt in place r
I (CRS-2P)
102 Seal Coat Aggregate Ton $ 31oq9 1,116 $ 401 I 7 b 09-
I 3/8" Gradation,
in place
() 00
103 Hot Mix Asphalt Ton $430.... 4,300 $ \ ~4 /1 CO ...
I Surface Course,
Type B Plant Mix,
I in place
00 dOOO~
104 Adjust water Each $ ~ GO ' 1 $
valve box
I 105 Paving fabric S.Y. $ Io':i'f 4,500 $ aq, 3 L\ 009
.
I 106 Construction Lump Lump Sum $ 7.500ci3
traffic control Sum
I TOTAL BASE BID $ 3\~,3700.9
I TH RfE- ~IU.N l)el~D IW~L"f: 1l-tCLJSA-t-JD "THi:-E'E" HUNDl?-ELQ st:v'E:~ S 1~ t::OLLAe..s.
( BASE BID TOTAL - WRITTEN WORDS) ~D wo CEf\J1S
I The undersigned Bidder acknowledged receipt of the following Addenda, which have been
considered in preparation of this Bid:
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No.
Dated
No.
Dated
No.
Dated
/"
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BID FORM
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No. Dated
~?
Submitted this L day of ~ () , 2006.
SIGNATURE OF BIDDER:. _~-P ~
Montana Contractor Registration Number I 'JS \
If an individual:
doing business as
If a Partnership:
, partner
Title
Business Address of Bidder: VO BOr 935
(1)1~A'^Ct~\ MT f)qlll
If a Corporation:
(a)
by
b\~C; K\l ~S.\)\~~\.i\\\~r"
\ \ \
If Bidder is a joint venture, other party must sign below:
Montana License Number and Class
If an Individual:
business as
If a Partnership:
doing
4
by
(Seal &
Attest)
BID FORM
WHoa Gl8
(lsenv
~ leas)
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uoqeJodJo:)
aml.
Aq
(e)
.uo!leJodJo:) e JI
Aq
JaulJed
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THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE BiQ Sky Asphalt, Inc.
P. O. Box 835, Bozeman, MT 59718
as Principal, hereinafter called the Principal, and United Fire & Casualty Company
P. O. Box 73909, Cedar Rapids, IA 52407-3909
a corporation duly organized under the laws of the State of
IA
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Bozeman
PO Box 1230, Bozeman, MT 59771-1230
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid
Dollars ($ 10% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for 2006 Street Improvements
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this
19th
day of
May
2006
Bi
United Fire & Casualty Company'
(Surety)
(Seal)
(Title)
AlA DOCUMENT A310. BID BOND. AlA. FEBRUARY 1970 ED. . TIm AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N. y, AVE., N.W., W ASlIINGTON, D.C. 20006
I
UN.ITEPFIR. E.. & CASUALTY COMPANY
HoME OFFICE -CEDAR RAPlDS, IOWA .
CERTIFIED COPYOFPOWEROF AtTORNEY
(Original on file at Home Office of Company - See Certification)
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KNOW ALL MEN BY THESEPRESENTS,ThatttleUNITEDFJRE & CASUALTY COMPANY,acorporationdulyorg,mized and existing
underthelaws of the State of Iowa, andhaving its principal office in CedarRapids, State of Iowa, does nlake, constitute and appoint .
. ,"," ",," ".
., " .
SYLVIATILZEY/PR. ALLAN HULTGREN., OR J." SCOTT MACPHERSON,. OR KELLEY A.MACPHERSON, ...ORLORINEWTON}
ALLINDIVIDUALLYdf.BILLINGSMT
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.... .... ... ....... . ..... ... ..... ...... ..... ..... ..... .
itstrueandtawfuIAttorney(s)-in"Fact with power and authority hereby conferred to sign, seat and execute in its behalf all laWful bonds,
unde.rt..a....k. ...i.n... ..g. s. andot...h. .er Ob....I...i.9.....a....t...ory...........i.nstruments......0. .f.....$.im..i.l.ar na..t..u....re as...fo...'..I.OWS;. A.. nyandAI.. .1....... BondS.. ... . ... ... ...
and tobindUNITEDFIRE & CASUALTY COMPANY thereby as fuHyand tothe same extent as if suchinstrumentsweresignedpythe
duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby
.g.ivenare hereby ratified and confirmed,. ....... .... ..... . . . ..... ... . . ... ............. . ....... .. . ... ....... ............
The Authority hereby grantedis continuous and shall remain in full force andeffectuntilrevokedbyUNIT~DFIRE & . .
CASUALTY COMPANY.. ... ..... .... ... .... . .... ... . . ..i ......
This power<ofAttorney is madeahdexecuted pursuantto andby authority ofthefollowing BY-Lawduly adopted by Boardof
Directors of the Company on April 18, 1973... . . ..
.. "Article V -Surety Bonds and Undertakings" .......... . ........ ........
Section 2, Appointment of Attorney-in.Fact "The President or any Vice President, or any other officer of the Company may,
from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. The signatureof any officer authorized hereqy,
and the Corporate seal, may be affixed by facsimile to any power of attorney or special powerof attorney or certification of
either authorized hereby; such signature and seal, when so used, being adopted by the Companyastheorjginal~igllatureof
such officer andtheoriginat seal of the Company, to be valid and binding upon the Companywiththe sameforceandeffectas
though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates ofauthority
shall havefull power to bind the Company by their signature and execution of any such instruments and to attach the se~l6f
the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at
any timerevokeallpowefand authority previously given to any attorney-in-fact.
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--/J
By*~q~
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.. .
On2Qth day of January, 2005, before me personally came Randy A. RamIo . . ... .. ............. .......... ... ..
to me known,whobeing byme duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; thatheisaVice .....
President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the aboveinstrumerit;that
he. knows the seal of said corporation; that theseal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Hoard of Directors of said corporation and that he signed his name theretopursuanttolikeauthority, and
acknowledges same tobetheactand.deedof said corporation. ..... .........k...L.lli.i'.>~........ . .~...................... .
"i~' (" . .... MICHE~L.E'N'LSON ... ~ ..... .... ...~
. ...Q' .. ~ cOMl;IlSSIONNUMBER704745 Notary PubliC ......
< ~.... ; MY.C. O....M. .M~SSIO.N E. ..XPIR.E...SMy commission expires: 07/14/2006
0.....'1 ~Il..l-OC^ ... ... ... . .
.1
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jJ~#~
Secretary
BONDOOt90802 01
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NOTICE OF AWARD
Dated:
.JUNe.. 1 q Z rn~
TO: Bi!:1 Sky Asphalt. Inc.
ADDRESS: P.O. Box 835, Bozeman, MT 59771
PROJECT: City of Bozeman 2006 Street Improvements
CONTRACT FOR: Seal Coat Improvements and Hot Mix Asphalt Overlays
You are notified that your Bid dated June 2, 2006, for the above Contract has been considered.
You are the apparent Successful Bidder and have been awarded a Contract for Seal Coat
Improvements and Hot Mix Asphalt Overlays. The Contract Price of your Contract is: three
hundred twelve thousand three hundred seventy six and 00/100 Dollars ($ 312,376.00).
Three copies of the proposed Contract Documents accompany this Notice of Award,
You must comply with the following conditions precedent within fifteen (15) days of the date
of this Notice of Award, that is, by .JCJLJ 4 ( to oG;; .
1. You must deliver to the OWNER..l... fully executed counterparts of the Agreement including
all the Contract Documents and Drawings.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in
the Instruction to Bidders (page 8), General Conditions (paragraph 5.01) and Supplementary
Conditions (paragraph SC-5.02).
3. List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03).
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security
fo rfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one
fully signed counterpart of the Agreement with the Contract Documents attached.
CITY ?)~Z~MAN. ~' AByT~E:~:..
BY. ~Jl.~ . :......:?J--.
.~
(CITY MANAGER)
(CITY CLERK)
DATE:
j\J~ V~ { ~Oro
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AGREEMENT FORM
THIS AGREEMENT is dated as of the _ day of
and between CITY OF BOZEMAN, hereinafter
Biq Sky Asphalt, Inc. hereinafter called CONTRACTOR.
in the year 2006 ,by
called OWNER, and
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1.
WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The project work is generally described as follows: Seal Coat Improvements
and Hot Mix Asphalt Overlavs.
The project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows: City of Bozeman 2006 Street Improvements.
Article 2.
CONTRACT TIME.
2.1 The Work will be completed within~ days after the date when the contract time
commences to run as provided in the General Conditions. Final payment will be
withheld until final completion and acceptance of the Work, as stipulated in this
Agreement.
2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence in this Agreement and that OWNER will suffer financial loss if the Work is
not substantially complete within the time specified above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize
the delays, expense and difficulties involved in proving, in a legal or arbitration
proceeding, the actual loss suffered by OWNER if the Work is not substantially
complete on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER one hundred dollars ($ 100.00) for each day that
expires after the time specified herein until the Work is substantially complete.
Article 3.
CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents the sum (subject to adjustment as provided in the Contract
Documents) of three hundred twelve thousand three hundred seventy six and
00/100 Dollars ($ 312,376.00 ).
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Article 4,
PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance with the General
Conditions. Applications for payment will be processed as provided in the General
Conditions.
4.1 Progress Payments. OWNER will make progress payments monthly on account of
the contract price on the basis of CONTRACTOR'S application for payment as
recommended by ENGINEER. All progress payments will be on the basis of the
progress of the Work measured by the schedule of values provided for in the
General Conditions.
4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in
accordance with the General Conditions and as outlined herein.
4.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with the General Conditions, OWNER shall pay the remainder of the contract price
as recommended by ENGINEER.
Article 5.
INTEREST.
All monies not paid when due hereunder shall bear interest at the simple rate
established by the Federal Cost of Money Rate commencing at the time of a claim.
Article 6.
CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that in any manner may affect cost,
progress or performance of the Work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost,
progress or performance of the Work which were relied upon by ENGINEER in the
preparation of the drawings and specifications and which have been identified in the
modifications to the General Conditions.
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6.3 CONTRACTOR has made or caused to be made examinations, investigations and
tests and studies of such reports and related data in addition to those referred to
above as he deems necessary for the performance of the Work at the contract
price, within the contract time and in accordance with the other terms and conditions
of the Contract Documents, and no additional examinations, investigations, tests,
reports or similar data are or will be required by CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 7.
CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire Agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof and consist of the
following:
7.1 This Agreement.
7.2 Exhibits to this Agreement (if any).
7.3 Performance Bond, Payment Bond, and Bid Bond.
7.4 Invitation to Bid.
7.5 Instructions to Bidders and Bid Form.
7.6 Certificate(s) of Insurance.
7.7 General Conditions (by reference).
7.8 Supplementary Conditions.
7.9 Wage Rates.
7.10 Special Provisions and Measurement and Payment.
7.11 Montana Public Works Specifications, Fifth Edition, dated 2003, with addenda, and
City of Bozeman Modifications to Montana Public Works Standard Specifications
Fourth Edition, March 2004 (by reference).
7.12 Appendix A and Appendix B.
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7.13 Addenda listed on the Bid forms.
7.14 CONTRACTOR'S executed Bid forms.
7,15 Documentation submitted by CONTRACTOR prior to Notice of Award.
7.16 Notice of Award.
7.17 Notice to Proceed.
7.18 Any modification, including Change Orders, duly delivered after execution of
Agreement.
7.19 Any Notice of Partial Utilization.
7.20 Notice of Substantial Completion.
7.21 Notices of Final Completion and Acceptance.
There are no Contract Documents other than those listed above in this Article 7. The
Contract Documents may only be altered, amended or repealed by a modification (as
defined in the General Conditions).
Article 8.
MISCELLANEOUS.
8.1 Terms used in this Agreement which are defined in the General Conditions shall
have the meanings indicated in the General Conditions.
8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the OWNER and the CONTRACTOR respectively and his partners,
successors, assigns, and legal representatives. Neither the OWNER nor the
CONTRACTOR shall have the right to assign, transfer or sublet his interest or
obligations hereunder without written consent of the other party. The OWNER
reserves the right to withdraw at any time from any subcontractor where Work has
proven unsatisfactory the right to be engaged in or employed upon any part of the
Work.
8.3 In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing party or the party giving notice shall be
entitled to reasonable attorney's fees and costs.
8.4 Any amendment of modifications of this Agreement or any provisions herein shall
be made in writing and executed in the same manner as this original document and
shall after execution become a part of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL &)
(ATTEST)
(JOINT VENTURE)
By
(SEAL &)
(ATTEST)
Title
City of Bozeman
By ~:r~
(CITY MANAGER)
(SEAL &)
~ATTEST)
~ }
~
~-~~--~~_.-
c:\wpdocs\forms\agreefrm ,mrg
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PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRAcroR (Name and Address):
Big Sky Asphalt, Inc.
P. O. Box 835
Bozemanh..~T 59718
OWNER v'laIDe and Address):
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
CONTRACT
Date:
Amount: ($312,37600) Three Hundred Twelve Thousand Three Hundred Seventy Six Dollars and 00/100
Description (Name and Location):
City of Bozeman 2006 Street Improvements, (Seal Coat Improvements and Hot Mix Asphalt Overlays.)
SURETY (Name and Address of Principal Place of Business):
United Fire & Casualty Company
2323 2nd Ave. North
Billings, MT 59107
BOND
Bond Number: 54157984
Date (Not earlier than Contract Date):
Amount: ($312,376.00 ) Three Hundred Twelve Thousand Three Hundred Seventy Six Dollars and 00/100
Modifications to this Bond Form:
None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Performance Bond to be du1 executed on its behalfby its authorized officer, agent, or repre5eDtative.
CONTRACTOR
Company:
Big Sky Asp
Signature:
Name and Title:
SURETY
(Seal)
United Fire & Casualty Company (Seal)
Surety's Name ~ra. ea1
By:'h
Signa~ . ltle L ri Newton Attorney-in-Fact
(AttaC;{;hW Atto~~Y) .
Attest: ~_
Signature an Title
Sylvia Tilzey Witness
SURETY
(Space is provided below for signatures of additional
parties, if required.)
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
(Seal)
(Seal)
Surety's Name and Coxporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-610 (1001 EdltloD)
OrlsJaaDy p.....red tbrovp tb. Jolat efforts or tb. Sur.ty ADoelaUoa of America. Enpa_n Joint Coatract Doeu_ta Commlu.., tbe AMedated GtDeral
Coatracton of America, aad tbe Americaa IDIUtute .f Anhlteets.
00610-1
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I. CllIllrlc:tor and S\IIllly. jointly and Ievcmlly, bind themselves, their h~n,
execulun, administrltors, luccesaon, lIDd assips to Owner fur the performlll'lCO of the
Contract, which is im:oIpon.~ haein by reference.
2, If ContraCtOl' perfOmll the ConDGt, Surety md CODt1'lll:tor him no obliptillll
under this Bond, CKIIpt to pllIticipatc in eonfcrences .. provided in Parapaph 3.1.
3. If there is no Owner Default, Surety's obliption WIder this Bond shall arise after:
3.1. Owner has notified Contractor and Surety, at the addresses dtsc:ribed in
J>araaraph 10 below, that Owner is conaiderin, dIlc:larin& a Cwtrador
Dofault IIId has rcqull:llted and Iltcmpted to amnp a tollfacol.l8 wilh
Contractor and Surety to be held not later than 15 days after reeeipt of
such notice to discuu mr.thodl of performins lilt Contnu:t. If Owner,
Contm:tor and SIII'tty aplIIl, Contnwlor shall be allowed a reuonablo
time to perfonn the Contraet, but IRId1 an agreement sha11 not waive
Owncn right. if lilY, sublequently todc(:lare a Contractnr De&.uIC; and
3,2. Owner has dce\anld a ContrIdor Default and fonnally terminated
Conll'aetOl's ri&flt to c:omplcte the CDlitratt. Sudl ContJaclor Default shall
not be declared earlier than 20 days after ContlaCtot' and Surety have
reeeivcd notice II provided in Pansraph 3.1: and
3.3. Ownerhu agreed to pay the Balaneo of the Contract I'ricIl to:
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I, S~ in accordance wilh the teI1nJ of the Comno:t:
2, Another conb1lClo.- selceted pun1tllll to Parqraph 4.3 to perfonn the
Contnu:t,
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4. When Ownerhu IlIIi$fied the conditions ofParasraph 3. Solmy shall promptly and
at Surety's expense tab one of tho followina actiOlls:
4.1. Arranae for Contrll:tor. with Clll\SCl1t of Owner, to perfonn and complete
the ContJad: or
4,2, Undertake to perform lIIld complete the ContraCt ilKlf, throujh ia spnl3
or throujh independent c;ontractOn; or
4.3, Obtain bids or nellotiatod prnpoa.\s from qualified contrldola acceptable
to Owner fer a contract for perfonnanc:e and completion of the Coubact,
lUTIl'lO for a c:ontrICt to be pmpmd for lllleeutlon by Owner and
CllIIlractof lle~ widt Owner'. Clll\Cum:nce, 10 be seellnld with
performance and paymalt bond.I eucuted by a qualifiod swety equivalent
to the boMa iJlued on lhc Contrad, and pay to Own<< the IlnOUI\t of
damaps II described in Parappb 6 in ReelS of the Balance of the
ContrICt PrIce incuned by Owner RlIultilli from COIItractor Defiwlt; or
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4.4. Waive il3 riibt to perform and complete, ananlC for completion. or obtain
a new eonlRCtor and with fllaIOIl8ble promptness undol' the cin:lllllllaDllCS:
I, After investigation. determine the amount for whieh it may be liable to
Owner snd, II soon as pradil:lble after the amount is detamined,
tender payment Ihcrefor to Owner, or
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2. Deny liability in whole Of in part and notifY Owner citing rus_
thcreb.
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5, If SUTety docs not proceed as provided in Puqraph 4 with reuonable promptneU,
SIIJ'ety shall be deemed to be in default on this Bond IS da)'l after receipt of an
additiOlllI written noticIl fu;un Owner to Surety dcnW\dinJ thai SW'ety perform ia
obliptiOl\l under this Bond, and Owner shall be entitled to enforce any rmnedy
available to Owner. If Surety proeccdl as provided in Pm;rapb 4,4, lIIld Owner
refUses 1M payment tendcm1 or SIIJCly 1w denied liability, in whole or In
part. wilhout f\lrthet notice Owner shall be entitled to enfon:c any remedy available to
Owner,
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6. After Owner has tenninated Contractor's ript to complete the Contract. and if
SW'ety elms to lU:t under parasraph 4.1, 4.2. or 4.3 above, IberI the n:sponsibllltics of
SIII'et)' to Owner shall not be IfClIIet' INn thoM: of Conlnlctol' Ilnder the ClIIIInIct,. IIIIl1
the R:5pOllIlbilme. of Owner to Surely shall not be sreater than those uf Owner under
the CunInlct. To a limit of the amount of this Bond, but subject to eomm.ltment by
Owner oflbe Balan= ofthc ContraCt Price to mltiption of~a and damaps on the
Contract, Surety is obUptod wilhout duplication for.
6.1, The ~lbilitiea of Contnu:tor for eorm:tion of defective Work lIIld
completion of the Contract;
6.2, Additional legal, desiJII profesaional. and delay coslll resultinll from
Contraetor'l Default, and n:sultina from the acriOl\l or failure to act of
Surety under Para&npb 4: and
6,3, Liquidated damap., or if no liquidated damaaea- are specified in ~
ConDGt, actual damaps eaused by delayed ~ or nOlI-
perfunnance of ConUldor,
7. Surety shall not be liable to Owner or ot\lcnI for obllpDOIlS of Contractor !hat are
\lJU'C1atcd to the Contract, IlIld the Ba1anc:e of the Contract Price shall not be reduced or
set off on sccounl of any such unrelated obliptiOl\l, No riiht of action shan accrue on
this Band to any pCIIIOIl or entity olha' than Owner Of its beits, executors,
adminlatraton, or sut<:eUOI'I.
8. Surety hereby waiVlll notice of llIly chanp, includini I;hanaos of time, to Contnu:t
or to related subcontracts. ~hase orders, and olhct obliptions.
9. Any proceedinll. 1epI or equitable, unda- this Bond may be instituted in Illy wurt
of c:ompetent juriadjl;t\on in the location in wbicll the Work or part of the Work i.
located IIld shall be instiNted within two years after Contnl:tur Defauh or within two
yean after ConttW;:tor ceased watkinS or within two years after Surety re1UKI or faill
to perform ill obliptiona llllder thls Bond, whidlcvcr occ:un fulL If the provisions of
this pinlflllb 1ft void or prohlbiwd by law, the minimum period of limilltion
availsble to lUI'Ilties u a defense in the jUlisdiI;t\OII of the suit shall be Ippliable.
10, Notice to Surety, Ownlil'. or ContraCtor shall be mailed or delivered to the IIlIdmII
shown on the aipature pap,
It. When this Bood has been furnished to comply with a statutory requirement in the
IlQtion where the Contract was ro be perfonned, In)' provision in this Bond
(:OIlflictinll with said statuloly requirement sha1l be deemed deleted hcttfrom and
provisions conformina to IIICh statutory requimnent sha11 be deemed incorporated
hmin. The intent il that this Bond shall be construed as a sllltutQry bond and not as a
common la", bond.
12. Definitions.
11.1 Ba1arwc of the Conlract Price: The toCa\ amount payable by Owner to
Conlndor under the Contract after all JlI'OIlllI' adjUItmeDII have been
made, bw\udina: alloWllWC to ConbaetOr of any amountS received or to be
NCeived by Owner in settlement of insurance Of other Claims for damapa
to whll;h COlltral:tor is entit1cd, redw:led by all valid and proper paymenb
made to or on behalf of Contral:tor under the Contract.
12.2. Connct; The agreement ~ Owner and CoMtactor identified on the
lipaturc pap. illCluding all Conb'al:t DocumentS UId l;hal1aos thereto.
12.3, ContnICtor Dofauh: Failure of amtnoctw. whkh hu noithcf been
remedied nor waived, to perform Of odItIWi~ to I;OI1Iply with the terms of
the Contract.
12.4. Owner De&.ult: Failure of Owner, wlUch has n~thcr bem remedied nor
waived, to pay Contractor as n:quiml by the ClIIItnIct or to perform and
complete or comply with the other tmmI thertof.
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FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker Payne Financial Group, Inc. 2323 2nd Ave. North, Billings, MT 59107
Owner's Respresentative (engineer or other party) , ,
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PAYMENT BOND
Any singular reference to Contractor. Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Big Sky Asphalt, 1nc.
P. O. Box 835
Bozeman, MT 59718
OWNER (Name and Address):
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
CONTRACT
Date:
Alnount: ($312.376.00 ) Three Hundred Twelve Thousand Three Hundred Seventy Six Dollars and 00/100
Descriftion (Name and Location):
City 0 Bozeman 2006 Street Improvements. (Seal Coat Improvements and Hot Mix Asphalt Overlays,)
SURETY (Name and Address of Principal Place of Business):
United Fire & Casualty Company
2323 2nd Ave. North
Billings, MT 59107
BOND
Bond NQ1l1ber: 54157984
Date (Not earlier than Contract Date):
AJnount: ($312,376.00 ) Three Hundred Twelve Thousand Three Hundred Seventy Six Dollars and 00/100
Modifications to this Bond Fonn:
None
Surety and Contractor, intending to be legally bound hereby. subject to the terms printed on the reverse side hereof. do each cause this
Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR
Company:
Big Sky As
Signature:
Name and Title'
SURETY
(Seal)
United Fire & Casualty Company
Surety's Name and C Seal
(Seal)
By:
Signa
(Attac
Attorney-i n- Fact
(Space is provided below for signatures of additional
parties, if required.)
itness
CONTRACfOR AS PRINCIPAL
Company:
Sigmture:
Name and Title:
(Seal)
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-615 (2001 Edldon)
JrlllnaUy prepareel throup the johst elTorU of the SUrd)' Astodiltio. of Amenca, Engln,e... JOlllt eoatnd Doannenu CommlU", the MlGdattcl GeDeraI
CODtnCWI'l of America, the American Inltltute of Arehlt~ the Amerlull Subcontracton AlIOdatloll, and the Auoelatect SpedaJ1y Contract4lra.
to61~1
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I. CootrlCtor and Surety, jointly and sevm.lly. bind themselves. their hein.
executors, administrators, SI.ICCClI5OJS, and lIIlianl to Owner to pay for labor.
materials. and equipment furnished by Clalmanll for use in the pcrfOlTlllUlce of
the COIItract, which Is incorporated herein by reference,
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2, With respect to Owner, this obligatlOll shall be nutl and void ifContrllCtor:
2.1, Prompdy makel payment, directly or indirc:etly. for a11 IIIIl1S due
Claimantli. and
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2.2, Defends, indemnifies, and holds harmless Owner from .11 claims.
demands. liCllS. or suits alleaina non-paymcnt by Contractor by any
pmon or entity who furnished labor, materials. or equipment for Ulle in
the performance of the Contract, provided Owner hu promptly notified
ConlnlCtor and Surety (at the addresacs described in PIt1lJI'IPh 12) of
any claims, demands, liens. or suitl and tendered defense of such
claims, dcmanda. liens. or suits to ContrllCtor and Surety. and provided
there is no Owner Default.
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3. With respect to Claimants, this obliption shall be nulllllld void if Contractor
promptly l'I'lakes payment, directly or indifCCt.ly. for all sums due,
4. Surety shall have no obliption to Claimants under this Bond until:
4.1, Claimants who arc employed by or have a direct contract with
Conlractor have given notice to Surety (attbe addrcascs described in
PlInlpph 12) and IiCIIt a copy. or notice thereof, to Owner. stating that
. claim is being made under this Bond and, with subsl1lntial accuracy,
tbe amount of the claim,
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4.2. Claimants who do not have a direct contract with Con netor':
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1, Have furnished written notice to Contractor and IiCIIt a copy, or
notice thc:nlOf, to Owner, within 90 days after havinalaat l)Cl'fonned
labor or last furnished materials or equipment included in the claim
stating. with substantial accuracy, the amount of the claim and the
name of the party to whom the materials or equipment were
furnished or supplied. or for whom the labor wall done or
performed; and
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2, Have either received a rejection in whole or in part from COIltlactor,
or not received within 30 days of furnishina the above notice any
communication fIOm Conll'lClOr by which COOtraclor had Indit'lltW
the claim will be paid dim:t1y or indirectly; and
3. Not having been paid within the abvvc 30 da}'ll. have sent I written
notice to Surety and sent a copy, or notice th~f. to Owner.ltatina
that a claim is being made under this Bond and CI1closina a copy of
the previous written notice furnished to ConUactor.
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S. If a notice by a Claimant required by PanKRPh 4 is provided by Owner to
Conlftctor or to S\U'ety. that is wfficicnt compliance,
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6, When a Claimant has sltisfled the conditions of Paragraph 4, the Surety shill
promptly and at Surety's expense take the following actiOlUl:
6.1. Send an IIIIWC1' to that ClaiJ11ll1t, with a copy to Owner, within 4' da}'ll
atblr receipt of the claim, stating the amounts that lU'C undisputed and
the baN for challenging any IMOUntl that ~ disputed.
6.2. Payor arrange for payment of any undisputed amounts.
7, Surety's IOtal obliption shall not excocd the amount of this Bond, and the
amount of this Bond lhall bc credited for any payments made in good faith by
SII1'Cty.
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g, Amounll owed by Owner to Contractor under the Conll'lCt shall be used for
the performance of the Contract and to AtiSry claims, if any. under any
performance bond, By ContraCtor flmtishing and Owner accepting this Bond.
they aarce that all funds earned by Contractor In the performance of the Contract
lU'C dedicated to satisfy obliptlons of Con~ and Surety under this Bond,
subject to Owner's priority to use the funds for the completion of thc Work.
9. Surety shall not be liable to Owner, Claimants. or othcn for obligations of
ContrllCtor that m unrelated to the Contract. Owner shall not be liable for
payment of any costs 01' expenses of any Claimant under this Bond, and shall
have under this Bond no obliptions to mab paymenll to, give notioes 011 behalf
of, or otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change. including C\w1ges of time, to the
COIItract or to related Subcontracts, purclwe orderJ and other obligations.
II. No suit or action shall be commr;nced by a Claill1lllt under this Bond other
than in a court of competent jurisdiction in the location in which the Work or
pfUt of the Work is locatc;d or after the expiration of one)UT from the date (I)
on which the Claimll1t pve the notiOll required by Pangraph 4.1 or PllJ1lpllph
4,2.3, or (2) on which the last labor or service was performed by anyone or the
last materials or equipment were furnished by anyone under the ConstlUction
ContRct, whichever of (I) or (2) first occurs. If the provisions of this paragraph
are void or prohibited by law. the minimum period of limitation aVllilllble to
sureties as a dd'cnsc in the jurisdiction of the suit shall be applicllble,
12. Notice to SUIl!ly, Owner, or Contractor shall be mailed or delivered to the
addRSSCS shown 011 the signature page, Actual m:eipt of notice by Surety.
Owner, or Contractor, however accOJI1llished. shall be sufficient complianoe as
of the date received at the addrcu shown on the sianature page.
13, When thi, Bond has been furnished tocot\lll)' with a statutory requiRmCl1t
in the locltion where the Contract was to be performed. any provision in thu
Bond CQIlflictinS with said statutory requirement ,hall be dccmcd deleted
hercfivm and provisions confonnins to luch statutory requirement shall be
deemed incorporated herein. The intent is that this Bond shall be comtrued as a
statutory Bond and not as I common law bond,
14, Upon request of any person or entity appearing to be . potential beneficilll)'
of this Bond. ContrllCtor shall promptly furnish a copy of thu Bond or shall
pcmnit. copy to be made.
I S. DEFINITIONS
15.1. Claimant An individual or entity having a direct contraCt with
ConlnlCtOl'. or with a first-tier subconlractor of Contractor, to furnish
labor. materials. or equipment for use in the pcrfunnance of the
ContrllCL The Intent of this Bond shall be to include without limitation
in the termI "labor, materiat. or equipment" that part of water. ps,
power, light, heat, oil. psolinc, telephone service, or rental c:quipment
used in the Contl'llct. architectural and cnJineerinll servi~ required for
pc:rfonmncc of the Work of Contractor and Cootractot'a
SubcontractoB. and all other items for Which a mechanic's lien tI'IIy be
asllCl'ted in the jurisdiction whcte the labor. materials, or equipll1l:llt
were fumiahed.
15.2. ContrllCt: The agreement between Owner and Contractor identified 01\
the siznalun: page. ineludins all Contract Doeumenll and changes
thereto.
IS.3. OwnC'l' Dd'ault Failure of Owner. which has neithcrbeen remedied nor
waived, to pay Contractor II rcquind by the COOhct or to perfonn md
complete or comply with the other terms thereof.
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2323 2nd Ave. North, Billings, MT 59107
FOR INFORMATION ONLY - Name, Address and TtJepboDe
Surety AaeDC)'orBroker: Payne Financial Group, Inc.
Owner'. R.epnMPtative (ellglDeer or other party):
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00615-1
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STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
(See Montana Public Works Standard Specifications 5th Edition)
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SECTION 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
These Supplementary Conditions to the General Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions
of the Contract Documents as indicated below. All provisions that are not so amended or
supplemented remain in full force and effect.
SC - 2.01 DELIVERY OF BONDS
Add the following to Paragraph: 2.01.A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract
Documents bound therewith. Contractor shall execute the Agreement, attach executed
copies of the required Bonds and Power of Attorney and Certificate of Insurance and
submit all copies to Engineer who will forward them to the Owner. Owner shall execute
all copies and return two copies to the Contractor. Owner shall also furnish a counterpart
or conformed copy to the Engineer and shall retain three copies.
SC - 2.03 NOTICE TO PROCEED
Delete the first sentence of Paragraph 2.03,A of the General Conditions and insert the following
in its place:
Following the execution of the Agreement by the Owner and the Contractor, written
Notice to Proceed with the Work shall be given by the Owner to the Contractor. The
Contract Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.05 BEFORE STARTING CONSTRUCTION
Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is
to read as follows:
2.05,A.4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, owned or rented by the Contractor and all Subcontractors that will be used in the
performance of the Wark. The equipment list will include information necessary to
confirm the hourly rates per Paragraph 11.Ol.A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and year of manufacture as well as
the horse power, capacity ar weight, and accessories.
Section 00810
SUPPLEMENTARY CONDITJONS TO THE GENERAL CONDITJONS
Page 1 of 12
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SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES
Delete the first paragraph of 2.07,A of the General Conditions in its entirety and insert the
following in its place:
Prior to the first application for payment all schedules and documents identified in
paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No
progress payment shall be made to Contractor until acceptable schedules are submitted to
Engineer and Owner as provided below, Acceptance of these schedules and documents
by either Engineer or Owner will neither impose on Engineer or Owner responsibility for
the sequencing, scheduling or progress of the Work and will not interfere with or relieve
Contractor from Contractor's full responsibility therefore.
Add the following after Paragraph 2.07,A.3:
Contractor's Schedule of Equipment will be acceptable to Engineer as to form and
substance if it provides the necessary information to reference the equipment and
establish the hourly rates in accordance with parah,'Taph 11,Ol.A.5 .c.
SC - 4.01 AVAILABILITY OF LANDS
Add to Paragraph 4.01.C of the General Conditions the following:
If it is necessary or desirable that the Contractor use land outside of the Owner's
easement or right-of~way, the Contractor shall obtain consent from the property owner
and tenant of the land, The Contractor shall not enter for materials delivery or occupy for
any other purpose with men, tools, equipment, construction materials, or with materials
excavated from the site, any private property outside the designated construction
easement boundaries or right-of-way without written permission from the property owner
and tenant.
SC - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS
Delete the first sentence of 4.02.A and replace with the following:
A. Reports and Drawings: The Special Provisions identify:
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SC - 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS
Add the following to the end of Paragraphs 4.03.A.
Contractor to notify Owner and Engineer in wntlllg about differing subsurface or
physical conditions within 15 days of discovery and before disturbing the subsurface as
stated above.
No claim for an adjustment in the contract price or contract times (or Milestones) will be
valid for differing subsurface or physical conditions if procedures of this paragraph 4,03
are not followed.
SC - 4.04 - UNDERGROUND FACILITIES
Add the following new paragraph immediately after Paragraph 4.04.A.2.
3. At least 2 but not more than 10 business days before beginning any excavation,
the Contractor shall according to MCA 69-4-501, notify all owners of
underground facilities and coordinate the Work with the owners of such
underground facilities. The information shown or indicated in the Contract
Documents with respect to existing underground facilities is based on information
and data obtained from the owners of the facilities without field exploration, and
as such, Owner and Engineer are not responsible for the accuracy or completeness
of such information or data.
SC - 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE
Change the first sentence of paragraph A to read as follows:
A. Reports and Drawings: Reference is made to the Special Provisions for the
identifi cati on.,..,
sc- 5.02 LICENSED SURETIES AND INSURERS
Add the following to the end of Paragraph 5.02.A
Without limiting any of the other obligations or liabilities of the Contractor, Contractor
shall secure and maintain such insurance from an insurance company (or companies)
authorized to write insurance in the State of Montana, with minimum "A.M, Best Rating"
of A-, VI. as will protect the Contractor, the vicarious acts of subcontractors, the Owner
and the Engineer and their agents and employees from claims for bodily injury, or
property damage which may arise from operations and completed operations under this
Agreement. Contractor shall not commence work under this Agreement until such
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insurance has been obtained and certificates of insurance, with binders, or certified
copies of the insurance policy shall have been filed with the Owner and the Engineer.
All insurance coverages shall remain in effect throughout the life of the Agreement,
except that the Contractor shall maintain the Commercial General Liability Policy
including product and completed operations coverage for a period of at least one year
following the substantial completion date for property damage resulting from
occurrences during the agreement period,
SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations:
1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General
Conditions.
a,
b,
State
Applicable Federal (e,g. Longshoremans)
Employer's Liability
Statutory
Statutory
$ 500,000.00
c,
2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of
the General Conditions which shall also include completed operations and product
liability coverage.
a.
GENERAL AGGREGATE
$ 3,000,000.00
b.
Products-Completed
Operations Aggregate
$ 3,000,000,00
c. Personal and Advertising
d.
Each Occurrence
(Bodily Injury and
Property Damage)
$ 1,000,000,00
e. Coverage will include:
1. Premises - Operations
2, Operations of Independent Contractor
3, Contractual Liability
4, Personal Injury
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5 Products and Completed Operations
6, Broad Form Property Damage will include explosion,
collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement
3.
Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a.
Bodily lniury:
Each Person
Each Accident
$ 500,000,00
$ 1,000,000,00
Property Damage:
Each Accident
$1,000,000.00
(or)
b.
Combined Single Limit
$ 1,000,000.00
Coverage to Include
1. All Owned
2. Hired
3. Non-Owned
4.
Contractor's Liability Insurance under 5,04,A.3 through 5.04.A.6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00.
Deductible not to exceed $5,000.00 per occurrence on property damage,
5.
Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions
as follows:
The Contractor's insurance coverage shall name the Owner, and Engineer and
Engineer's Consultants as an additional insured under Commercial General
Liability, Automobile Liability, Excess or Umbrella polices.
6.
The Contractual Liability coverage required by Paragraph 5.04.B.4. of the
General Conditions shall provide coverage for not less than the following
amounts:
Each Occurrence
Aggregate
$ 1.000,000.00
$ 3,000,000,00
Section 00810
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SC- 5.04.B.5 CANCELATION NOTICE
Amend paragraph 5.04.B.5 of the General Conditions by striking out thc words "30
days" and replacing them with the words "45 days" and as so amended paragraph
5,04.B.5 remains in effect.
SC - 5.06 PROPERTY INSURANCE
Delete Article 5.06,A of the General Conditions in its entirety and insert the following in its
place:
A. Contractor shall purchase and maintain property insurance upon the work at the
site in the amount of the full replacement cost thereof (subject to such deductible
amounts as may be provided in these Supplementary Conditions or required by
Laws and Regulations). This insurance shall:
1. Include the interests of Owner, Contractor, Subcontractors, Sub-
Subcontractors, Engineer, Engineer's Consultants, and any other
persons or entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall be listed
as an insured or additional insured;
2. be written on a Builder's Risk "all risk" or open peril or special
causes of loss policy form that shall at least include insurance for
physical loss and damage to the Work, temporary buildings, false
work and materials and equipment in transit and shall insure against
at least the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned by
enforcement of Laws and Regulations, water damage (other than
caused by floods), and other perils or causes of loss as may be
specifically required by the Supplementary Conditions,
3. include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges of
engineers and architects);
4. cover materials and equipment in transit for incorporation in the
Work or stored at the site or at another location prior to being
incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment
recommended by Engineer; and
5. be endorsed to allow occupancy and partial utilization of the Work
by Owner;
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6. include testing and start-up; and
7. be maintained in effect unti I final payment is made unless otherwise
agreed to in writing by Owner, Contractor, and Engineer with thirty
days written notice to each other additional insured to whom a
certi ficate of insurance has been issued.
B. Contractor shall be responsible for any deductible or self-insured retention.
C. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this paragraph SCS.06 shall comply with the requirements of
paragraph 5.06.C of the General Conditions.
D. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this paragraph 5.06.A shall comply with the requirements of
GC - S.06.C. The qualifications of the insurance company shall comply with the
requirements of SC- 5.02,A.
SC-6.02 WORKING HOURS
Add the following to Paragraph 6.02.B:
Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be
done without prior permission,
SC-6.04 PROGRESS SCHEDULE
Delete Paragraph 6,04,A.l of the General Conditions m its entirety and replace with the
following:
1. Contractor shall submit to Engineer with each application for payment an updated
progress schedule reflecting the amount of work completed and adjustments to future
work. Such adjustments will be acceptable to Engineer as providing an orderly
progression of the Work to completion within any specified milestones and the Contract
Time. No progress payment will be made to Contractor until the updated schedules arc
submitted to and acceptable to Engineer and Owner. Review and acceptance of progress
schedules by the Engineer will neither impose on Engineer responsibility for. the
sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor
from Contractor's full responsibility therefore.
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SC- 6.13 SAFETY AND PROTECTION
Add new paragraphs to the end of paragraph 6,13.D of the General Conditions as follows:
E. It is expressly understood by the parties to this Agreement that the Contractor is
solely responsible for initiating, maintaining, and supervising safety precautions
and programs in connection with the Work. The right of the Owner and Engineer
to observe or otherwise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and work
schedules including preconstruction and scheduled monthly safety meetings,
posted safety rules, tailgate meetings, and site inspections by safety and other
inspectors employed by the Contractor.
F, The Contractor shall be responsible for and shall take necessary precautions and
provide all material and equipment to protect, shore, brace, support and maintain
all underground pipes, conduits, drains, sewers, water mains, gas mains, cables,
etc., and other underground construction uncovered in the proximity, or otherwise
affected by the construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected
property owner at the Contractor's expense. The Contractor shall also be
responsible for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property or facility,
regardless of location or character, which may be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to and from the work or any
part of site thereof; whether by him or his subcontractors. The Contractor shall
make satisfactory and acceptable arrangements with owner of, or the agency or
authority having jurisdiction over, the damaged property or facility concerning its
repair or replacement or payment of costs incurred in connection with said
damage.
G. The Contractor shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross,
obstruct, or close roads, driveways, and walks, whether public or private, the
Contractor shall obtain approval from the governing party and shall, at his own
expense, provide and maintain suitable and safe bridges, detours, and other
temporary expedients for the accommodation of public and private drives before
interfering with them. The provisions for temporary expedients will not be
required when the Contractor has obtained permission from the owner and tenant
of the private property, or from the authority having jurisdiction over public
property involved, to obstruct traffic at the designated point.
H. Safety provisions must be entirely adequate and meet with City or State and
Federal regulations to protect the public on these streets and roads,
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SC- 6.20 INDEMNIFICATION
Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to
read as follows:
While Owner and Engineer may have the right under this Contract to observe or
otherwise review the work, progress and operations of the Contractor, it is
expressly understood and agreed that such observation shall not relieve the
Contractor from any of its covenants and obligations hereunder.
SC-9.03 PROJECT REPRESENT A TIVE
Refer to the Special Provisions for identification of thc responsibilities and authority and
limitations of the Engineer's Resident Project Representative (if any).
SC- 11.01 COST OF THE WORK
Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in
its place:
11.01.A.5.c The cost for the use of all construction equipment and machinery and parts
thereof whether owned by the Contractor or rented from others. The cost shall be
calculated as follows and will include the costs of transportation, loading, unloading,
assembly, dismantling and removal thereof for equipment involved only in the changed
portion of the work covered under the cost of the Work method. Transportation, loading
and assembly costs will not be included for equipment already on the site which is being
used for other portions of the Work. The cost of any such equipment, machinery, or parts
shall cease when the use thereof is no longer necessary for the Work. Hourly equipment
and machinery rates shall be calculated from the Rental Rate Blue Book for Construction
Equipment, and the Equipment List submitted according to SC-2.05 and SC-2.07, and as
follows:
1. For working equipment, the hourly rate shall be the monthly rental rate
divided by 176 hours per month plus the hourly operating cost.
2. For equipment on standby, the hourly rate shall be 50% of the monthly
rental rate divided by 176 hours per month, and the hourly operating cost
shall not be applied,
3. For specialized equipment rented for a short duration used for change
order work or additional work not part of the scope of work bid, the
equipment rental rates will be negotiated prior to the work being
performed.
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SC-I1.03 UNIT PRICE WORK
Delete paragraph Il.03,D,l and 2 of the General Conditions m its entirety and insert the
following in its place:
1. the quantity of a particular item of Unit Price Work performed by Contractor differs by
more than 25% from the estimated quantity of such item indicated in the Agreement, and
2. the total cost of the particular individual item of Unit Price Work amounts to 10% or
more of the Contract Price which is the total sum of all schedules (if any), and
SC- 14.02.A APPLICATIONS FOR PAYMENTS
Add the following language at the end of paragraph 14.02.A.l of the General Conditions:
Payments for materials in storage shall be based only upon the actual cost of the materials
and equipment to Contractor and shall not include any overhead or profit. Bill of Sale,
invoice or other document warranting clear title for materials in storage will be waived
for the material in storage included in the first progress payment application. However,
proof of payment and clear title must be submitted with Application No.2 for all material
included in Application No.1. Without such documentation amounts paid for materials in
storage will be deducted from subsequent payments. Beginning with the second
application, all requests for payment for materials in storage shall be accompanied by Bill
of Sale, invoice or other document warranting clear title as required above.
Add the following to Paragraph l4.02,A.3:
In accordance with state law the Owner may accept deposited securities in lieu of cash
retainage. Retainage may be used by the Owner to offset costs for any of the losses
enumerated in Paragraphs 14.02,B.5.a through l4.02.B.5,d inclusive, l4.02.D.l.a. through
l4,02.D.l.d inclusive, or I5.02.e. In addition retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and to
offset any liquidated damages due Owner.
Add a new paragraph after paragraph to l4,02.A.3 to read:
4. Each application for progress payment shall be accompanied by Contractor's
updated progress schedule, shop drawing schedule, procurement schedule, and
other data specified herein or reasonably required by Owner or Engineer. The
Owner reserves the right to require submission of monthly certified payrolls by the
Contractor.
Section 00810
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SC -14.02.C PAYMENT BECOMES DUE
Delete Paragraph 14.02,C.l of the General Conditions in its entirety and insert the following in
its place:
1. The Owner will, upon presentation to him of the Contractor's Application for
Payment with Engineer's recommendation, review and act upon said payment
request once each month on or about the day of each month stipulated by the
Owner at the preconstruction conference. Payment will become due when Owner
approves the application for payment and will be paid by Owner to Contractor
with in 30 days of the day of the month stipulated above at the preconstruction
conference.
SC- 14.02.D.1.c
Amend the sentence of Paragraph 14.02.D.1.c to read:
. ..entitling Owner to a set~off against the amount recommended, including liquidated
damages; Of...
SC-14.03 CONTRACTORS WARRANTY OF TITLE
Add the following at the end of Paragraph 14.03,A of the General Conditions:
Neither recommendation of any progress payment by Engineer nor payment by the
Owner to Contractor, nor any use or occupancy of the Work or any part thereof will
release the Contractor from complying with the Contract Documents. Specifically the
Contractor shall maintain in accordance with Article 5, property insurance on all Work,
materials, and equipment whether incorporated in the project or not and whether included
in an application for payment or not, for the full insurable value thereof, Passing title to
Owner for materials and equipment included in an application for payment does not
relieve the Contractor of the Contractor's obligation to provide insurance (including
property insurance) as required in Article 5 of the General Conditions and these
Supplementary Conditions. All insurance shall remain in effect as provided in Article 5.
SC- 14.05 PARTIAL UTILIZATION
Add the following to Paragraph 14.05.A:
Owner has the right to take possession of or use any completed or substantially
completed portions of the work at any time, but such taking possession or use will not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents, Owner's use of any facilities so identified in the Contract Documents will
not be grounds for extension of the contract time or change in the contract price. Owner's
Section 00810
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use of any facilities not specifically identified in the Contract Documents will be in
accordance with conditions agreed to prior to such use, and any extra costs or delays in
completion incurred and properly claimed by Contractor will be equitably adjusted with a
Change Order. Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by Owner prior to substantial completion of the
entire work will be done in accordance with General Conditions 14.04. Guarantee
periods for accepted or substantially completed work including mechanical and electrical
equipment will commence upon the start of continuous use by Owner. All tests and
instruction of Owner's personnel must be satisfactorily completed, and Owner shall
assume responsibility for and operation of all facilities occupied or used except as may
arise through portions of work not yet completed by Contractor If the work has been
substantially completed and the Engineer certifies that full completion thereof is
materially delayed through no fault of the Contractor, the Owner shall, without
terminating the Agreement, make payment of the balance due for the portion of the work
fully completed and accepted.
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SC- 14.06 FINAL INSPECTION
Add the following to Paragraph 14,06.A:
After Contractor has remedied all deficiencies to the satisfaction of the Engineer and
delivered all construction records, maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, and other documents (all as required by the
Contract Documents), Owner and Contractor shall be promptly notified in writing by
Engineer that the work is acceptable.
SC- 17.01 GIVING NOTICE
Add the following to Paragraph l7.01.A:
The mailing address for giving notices to Contractor given in the Agreement is hereby
designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered. The mailing address for giving notices to Owner
given in the Agreement is hereby designated as the place to which all notices, letters, and
other communication to Owner shall be mailed or delivered. Either party may change his
address at any time by an instrument in writing delivered to Engineer and to other party.
END OF SECTION
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MONTANA PREVAILING WAGE RATES
Highway Construction
Rates effective: March 10,2006
Brian Schweitzer, Governor
State of Montana
Keith Kelly, Commissioner
Department of Labor & Industry
To obtain copies of prevailing wage rate schedules, contact:
Research and Analysis Bureau, Workforce Services Division
Montana Department of Labor and Industry
P. Q. Box 1728,840 Helena Ave.
Helena, MT 59624-1728
Phone 406-444-2430 FAX 406-444-2638
Toll free 800-541-3904
TOO 406-444-0532
We're also on the Internet at: www.ourfactsyourfuture.org
For information relating to public works projects and payment of
prevailing wage rates visit ERD at: www.mtwagehourbopa,com or contact them at
Employment Relations Division
Montana Department of Labor and Industry
P. Q. Box 6518
Helena, MT 59604-6518
Phone 406-444-5600
TOO 406-444-5549
The Research and Analysis Hur"eau welcomes questions, comments and suggestions from the public.
In addition, we'll do our best to provide information in accessible format, on request, in compliance
with the Americans with Disabilities Act.
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Highway Construction - Montana
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TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
A. Date of Publication...,...... ...............................,......... ....,..........4
B. Definition of Highway Construction.......................................4
C. Definition of Public Warks Projects..........................,.............4
D. Prevailing Wage Schedule........................".............................4
F. Fringe Benefits.......... .......................................................,. . . ...5
F. Apprentices.........., ...........,............, .............,......... ........... .. ...., ,6
G, Posting Notice of Prevailing Wage................................,' .......6
H. Employment Preference................................................". .......6
1. Rates to use f(lr Projects....,.............................................. .. .....,6
2
Highway Construction - Montana
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MONTANA PREVAILING WAGE REQUIREMENTS
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Hiqhwav Construction
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The Commissioner ofthe Department of Labor and Industry, in accordance with Sections
18-2-40 I and 18-2-402 of the Montana Code Annotated, has determined the standard
prevailing rate of wages for the occupations listed in this publication.
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The wages specified herein control the prevailing rate of wages for the purposes of 18-2-
401, et se4., Montana Code Annotated. It is required that each employer pay, as a
minimum, the rate of wages, including fringe benefits and zone pay applicable to those
occupations in which the work is being performed. as provided in the attached wage
determinations.
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All Montana Prevailing Wage Rates are available on the Internet at:
www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at
(800) 541-3904 or TOO (406) 444-0532.
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In addition, this publication provides general information concerning compliance with
Montana's Prevailing Wage Law and payment of prevailing wages. For detailed
compliance information relating to Public Works projects 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 TOO (406) 444-5549.
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KErTH KELLY
Commissioner
Department of Labor and Industry
State of Montana
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Highway Construction - Montana
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A. Date of Publication: March 10,2006
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H. Definition of Highway Construction
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Thc Administrativc Rulcs of Montana (ARM) 24,17.501 (3).- 3(a). Public Works
Contracts For Construction Services Subject to Prevailing Rates, states that "Highway
construction projects include, but are not limited to, thc construction, alteration, or repair
of roads, streets, highways, runways, taxiways, alleys. trails, paths, and parking areas,
bridges constructed or repaired in conjunction with highway work, and other similar
projects not incidental to building construction or heavy constrllction.
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Highways construction projects include, but arc not limited to, alleys, base courses,
bituminous treatments, bridle paths, concrete pavement, curbs, excavation and
embankment (for road construction), fencing (highway), grade crossing elimination
(overpasses or underpasses), guard rails on highways, highway signs, highway bridges
(overpasses, underpasses, grade separation), medians, parking lots, parkways, resurfacing
streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses. storm
sewers incidental to road construction, street paving, surface courses, taxiways, and
trails."
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Federal Davis-Bacon wagc rates as published in U,S. Department of Labor Gcneral Wage
Decision No. MT20030002 10/07/2005 have been adopted by the Montana Department
of Labor and Industry for use in Highway Construction projects and arc included in this
publication. These rates apply statewide or as shown in MT20030002 10/07/2005.
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C. Definition of Public Works Projects
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The Montana Code Annotated (18-2-401 (11 )(a)) defines "public works contract" as "a
contract tor construction services let by the state, county, municipality, school district, or
political subdivision or for noneonstruction services let by the stale, county. municipality,
or political subdivision is which the total cost of the contract is in excess 01"$25,000."
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D. Prevailing Wage Schedull~
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This publication covers only Highway Construction occupations and rates in the specific
localities mentioned herein, These rates will remain in effect until superseded by a more
current publication. Current prcvailing wage rates schedules for Building Construction,
Heavy Construction and Non-construction Services occupations can be found on the
Internet at www.ourfactsyourfuture.org or by contacting the Rcsearch and Analysis
Bureau at (800) 541-3904 or TDD (406) 444-0532,
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E. Fringe Benefits
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Section 18-2-412 ofthe Montana Code Annotated states that:
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"(1).., 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;
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(b) make an irrevocable contribution to a trustee or a third person pursuant to a
fringe benefit fund, 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
United States Department of Labor; or
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(c) make payments using any combination of methods set forth in subsections
(1 )(a) and (I )(b) so that the aggregate of payments and contributions is not less than the
standard prevailing rate of wages, including fringe benefits for health and welfare and
pension contributions that meet the requirements of the Employee Retirement T ncome
Security Act of 1974, travel, or other bona fide programs approved by the United States
Department of Labor, that is applicable to the district for the particular typc of work
being performed.
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(2) The fringe benefit fund, plan, or program described in subsection (I )(b) must provide
benefits to workers or employees for health care, pensions on retirement or death. life
insurance, disability and sickness insurance, or bona fide programs that meet the
requirements of the Employee Retirement Income Security Act of] 974 or that are
approved by the United States Department of Labor:'
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Employers are obligated to pay the wage rates and fringes as listed in the booklet.
including the zone hourly rate when applicable. For heavy and highway construction
occupations, the vacation benefit amount is not included in the prevailing wage rate,
unless stated otherwise,
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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.
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F. Apprentices
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Wage rates fix apprentices registered in approved federal or state apprenticeship
programs are contained in those programs. l-Iowever, apprentices not registered in
approved federal or state apprenticeship programs will be paid the prevailing wage rate
when working on a public works contract,
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G. Posting Notice of Prevailing Wages
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Section 18-2-406, Montana Codc Annotated, provides that contractors, subcontractors,
and employers who are pertcmning work or providing services under public works
contracts as provided in this part shall post in a prominent and accessible site on the
project or work area, not later than the lirst day of work, a legible statement of all wages
to be paid to the employees on such site or work arca,
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H. Employment l)referenee
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Sections 18-2-403 and 18-2-409, Montana Code Annotatcd require contractors to give
preference to the employment of bona fide Montana residents in the performance of work
on public works contracts.
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I. Rates to lJse for Pro.iects
Rates to be used on a public works project are those that arc in effect at the time the
project and bid specifications arc advertised,
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MONTANA STATEWIDE PREVAILING
DAVIS-BACON
Rates Effective: March 10. 2006
HIGHWAY CONSTRUCTION WAGE RATES
General Wage Determinations Issued Under
the Davis-Bacon and Related Acts
State: Montana
Construction Types: Highway
Counties: Montana Statewide.
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HIGHWAY CONSTRUCTION PROJECTS
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**ZONE PAY**
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CARPENTERS, CEMENTS MASONS, IRON WORKERS, LABORERS, POWER
EQUIPMENT OPERATORS, TRUCK DRIVERS
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The hourly wage rates applicable to each project shall be
determined by measuring the road miles over the shortest
practical maintained route from the County Court House of
the following towns to the center of the job:
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BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA,
KALISPELL, LEWISTOWN, MILES CITY, MISSOULA
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ZONE 1:
ZONE 2:
ZONE 3:
o to 30 miles
30 to 60 miles - Base Pay +$2.20
Over 60 miles - Base Pay + $3.20
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Rates
Fringes
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Carpenters:
Carpenter............ .
Piledriverman........ .
Cement Mason.........
......$ 21.64
......$ 21.64
,.....$ 19.39
6.00
6.00
6.00
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Electricians:
Area 1...................... $ 18. 74
Area 2...................... $ 20.13
Area 3....................,.$ 19.98
Area 4.....,..........,..... $ 19.84
Area 5......................$ 20.54
Area 6......................$ 18.02
2.93+3. 8'~;
4.76+3.8';;
3.44+3.8~;
3.5l+3.8~;
3.54+3.8';',
3.44+3.8'1;
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ELECTRICIANS AREA DESCRIPTIONS
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AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson,
Madison, Silver Bow, and Powell Counties
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AREA 2: Big Horn, Carbon, Carter, Custer, Dawson,
Fallon, Garfield, Golden Valley, Musselshell, Powder River,
Prairie, Rosebud, Stillwater, Treasure, Wibaux, and
Yellowstone counties
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AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus,
Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum,
Pondera, Phillips, Richland, Roosevelt, Sheridan, Teton,
Toole, Valley, and Wheatland Counties
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AREA 4: Broadwater, Lewis and Clark, and Meagher
Counties
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AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula,
Ravalli, and Sanders Counties
AREA 6:
Gallatin, Park, and Sweet Grass Counties
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Ironworker
Flathead, Glacier, Lake,
Lincoln, Mineral,
Missoula and Sanders Cos....$ 22.54
Remaining Counties..........$ 21.04
10.99
10.87
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Laborers:
Group 1...
Group 2...
Group 3...
Group 4...
. . . . .. .. .. . . . .. .. . .. .. . ..
.$ 15.59
.$ 18.16
.$ 18.34
.$ 19.17
6.00
6.00
6.00
6.00
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LABORERS CLASSIFICATIONS
GROUP 1:
Flag person
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GROUP 2: All General Labor work; 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 Plant
Worker; Fence Erector; Form Setter; Form Stripper; Heater
Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman
Tender; Rail and Truck Loaders and Unloaders; Riprapper;
Sealants for Concrete and other materials; Sign Erection,
Guard Rail and Jersey Rail; Stake Jumper; Spike Driver;
Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic
Control. worker
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GROUP 3: Concrete vibrator; Dumpman (Grademan);
Equipment Handler; Geotextile and Liners; lligh-pressure
Nozzlemen; Jackhammer (Pavement Breaker); Laser equipment;
Non~riding Rollers; pipelayer; posthole Digger (power);
Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-
power; Tampers
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GROUP 4: Ashpalt Raker; Cutting Torch; Grade Setter;
High-Scaler; Power Saws (Faller & Concrete); Powderman
($1.00 per hour above Group 4 rate); Rock & Core Drill;
Track or Truck mounted Wagon Drill; Welder including Air
Arc
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Line Construction
Equipment Operator..........$ 19.16 5.05
Groundman. . . . . . . . . . . . . .. . . . . $ 15.40 5.05
Painters: . . . . . . . . . . . . . . . . . . . . . . $ 19.55 5.50
Pavement marking and related work. Includes operating
marking and all other equipment and all work involved in
traffic marking including removal, surface preparation and
application of pavement markings including epoxies, paints,
tape, buttons, thermo~ plastics and any other products
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applied for traffic marking purposes and for directing and
regulating traffic
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Power Equipment Operator
Group 1. _ . . . . . . . . . . . . . . . . . . . $ 19. 54
Group 2....... _ . , . . . . . . . . . , . $ 20. 43
Group 3..................... $ 21. 19
Group 4..................... $ 21. 80
Group 5... _ . . . . . . . . . . . . . . . . . $ 22.98
Group 6..................... $ 23. 58
Group 7,.... . . . . . . . . . _ . . . . . . $ 25.42
6.00
6.00
6.00
6.00
6.00
6.00
6.00
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POWER EQUIPMENT OPERATORS CLASSIFICATIONS
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GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine
Grader; Belt Finishing Machine; Boring Machine (small);
Cement Silo, Crane; Crusher Conveyor, DW-IO, 15, and 20
Tractor Roller; Farm Tractor; Forklift; Form-Grader; Front-
end Loader under 1 cu yd;Oiler, Heavy Duty Drill.s; Pumpman;
Oiler (All, except Cranes and Shovels)
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GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to & incl
3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring
Machine, large: Broom, Self-Propelled; Concrete Bucket
Dispatcher; Concrete Conveyor; Concrete Finish Machine;
Concrete Float and Spreader; Concrete Travel. Batcher;
Distributor; Dozer, Rubber tired, Push, and Side Boom;
Drills, Heavy Duty (all types); Elevating Grader/Gradall;
Field Equipment Serviceman; Front-end Loader 1 cu yd to and
incl. 5 cu yd; Grade Setter; Hoist/Tugger (All Hydralift &
Similar); Industrial Locomotive; Motor Patrol (Except
Finish); Mountain Skidder; Oiler, Cranes & Shovels;
Pavement Breaker, EMSCO; Power Saw, Self-Propelled;
pugmill; Pumpcrete/ Grout Machine; Punch Truck; Rollers
(All except Asphalt Finish and Breakdown); Ross Carrier;
Rotomill under 6 ft; Trenching Machine; Washing/Screening
Plant
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GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller;
Asphalt Paving Machine; Backhoe/Excavator/Shovel larger
than 3 cu yd; Asphalt Screed; Concrete Batch Plant;
Cableway Highline; Concrete Curing Machine; Cranes, 24 tons
& under; Cranes, Creter; Cranes, Electric Overhead;
Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer;
Mechanic/Welder; Pioneer Dozer; Rotomill 6 ft and over;
Scraper, Single Engine; Scraper Twin or pulling Belly Dump;
Yo Yo Cat Front-end Loader over 5 cu yd;
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GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to
44 tons; Crusher Operator; Finish Motor Patrol; Finish
Scraper
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SPECIAL OPERATORS:
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GROUP 5:
Cranes, 45 tons to and including 74 tons
GROUP 6:
Cranes, 75 tons to and including 149 tons
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GROUP 7: Cranes, 150 tons to and including 250 tons;
Cranes over 250 tons: add $1.00 for every 100 tons over 250
tons; Crane, Stiff-Leg or Derrick; Crane, Tower all);
Crane, Whirley (all); Helicopter Hoist
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Truck drivers:
Group 1..................... $ 16.91
Group 2.......,............. $ 21.64
6.00
6.00
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GROUP 1:
Pilot Car
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GROUP 2: 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
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------~------------------------------------
--------------~----~---------------------------------------.
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Unlisted classifications needed for work not included
within the scope of the classifications listed may be added
after award only as provided in the labor standards
contract clauses (29CFR 5.5 (a) (1) (ii)).
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In the listing above, the "SD" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other
designations indicate unions whose rates have been
determined to be prevailing.
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-----~----------~-----~-~----~~-----~-----~~~---------------
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END OF GENERAL DECISION
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SPECIAL PROVISIONS
1. GENERAL
The work to be performed under this contract involves furnishing all labor, materials,
equipment, supplies and services necessary for the construction of Seal Coat Improvements,
and Hot Mix Asphalt Overlays.
All work shall be performed in accordance with applicable sections of the Montana Public
Works Standard Specifications Fourth Edition (MPWSS), published 2003, and as further
modified by the City of Bozeman Modifications to MPWSS, dated March 2004,including
addenda, which is hereby included as part of these specifications. All references to MPWSS
sections, unless otherwise noted, is a reference to said Montana Public Works Standard
Specifications.
All correspondence and official authorization concerning the work shall be with the City
Engineer or his designated representatives as identified at the preconstruction meeting. Any
changes in the Work or schedule not authorized by the above shall be deemed as
unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages,
reparations, and costs thus incurred during the progress of such unauthorized work shall be
borne exclusively by the Contractor.
2. SCOPE OF WORK
Seal Coat Improvements: This work consists of chip sealing the various streets within the City
of Bozeman as shown in Appendix B of this specification in accordance with the provisions of
these specifications.
Hot Mix Asphalt Overlays: This work consists of hot mix asphalt overlays of existing
bituminous pavement and gravel street sections for those streets depicted in Appendix B of
these specifications. Installation of paving fabric and a leveling course is proposed for certain
locations on S. Church Ave.lSourdough Rd. as shown in the Appendix.
3. AWARD OF CONTRACT
The award of the contract, if awarded, will be made within the period specified in the Invitation
to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the
requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the
address shown on the Bid, that his Bid has been accepted and that he has been awarded a
contract. The Bid schedules may be awarded as a single total combined contract, may be
awarded singly as separate contracts, or in any combination of schedules which result in the
lowest project cost to the owner.
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4. TIME OF COMMENCEMENT AND COMPLETION DATE
The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written
by the City Engineer to the Contractor. In establishing the date when Contract Time begins,
the Engineer will consider that the contract time begins following delivery of the NOTICE TO
PROCEED. A separate notice to proceed may be issued for each separate or combined bid
schedule. Where multiple schedules are awarded under a single contract, the contract times
shall run concurrently, unless the City agrees to issue separate notices to proceed. The
Contract Time will expire automatically the number of calendar days stated as Contract Time,
except as the Contract Time may be extended by change order.
5. LIQUIDATED DAMAGES
Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated
damages for failure of the Bidder to complete the work within the specified contract time.
The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses
incurred by the Owner during the contract time overrun.
As compensation for expenses incurred, the Contractor shall be assessed a liquidated
damage of $1 00.00 per calendar day for each day that the work remains uncompleted beyond
the contract period. Liquidated damages shall be paid by deduction from monthly progress
payments and the final payment.
6. COST LIMITATIONS
The Owner reserves the right to eliminate or reduce certain proposal items from the project
following the Bid Opening to make the project financially feasible with the limitations of the
funds allocated for this project. The determination of which items shall be eliminated shall be
the responsibility of the Owner.
7. NAMES, PRODUCTS AND SUBSTITUTIONS
Where products or materials are specified by manufacturer, trade name, or brand, such
designations are intended to indicate the required quality, type, utility, and finish. Requests for
proposed substitution shall include complete specifications and descriptive data to prove the
equality of proposed substitutions. Substitutions shall not be made without the written
approval of the Owner. No substitutions will be considered until after contract award.
8. APPROVAL OF EQUIPMENT AND MATERIALS
The Contractor shall furnish to the Owner or its Engineer for approval the name of the
manufacturer of machinery, mechanical and other equipment and materials which he
contemplates using in execution of the work, together with the performance capacities and
such other information which may be pertinent or required by the Owner.
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9. BIDDER'S QUALIFICATIONS
The Contractor shall show evidence that he has the finances, organization, and equipment to
perform the work with a limited number of subcontractors. The Contractor will be required to
have a full-time resident General Superintendent on the job at all times while the work is in
progress. He shall be in a position to direct the work and make decisions either directly or
through immediate contact with his superior. Absence or incompetence of the superintendent
shall be reason for the Owner to stop all work on the project.
10. WARRANTY
If, within one year after acceptance of the work by the Owner, any of the work is found to be
defective or not in accordance with the Contract Documents, and upon written notice from the
Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said
written notice. Should the Contractor fail to respond to the written notice within the designated
time, the Owner may correct the work at the expense of the Contractor.
11. SCHEDULING
Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City
Engineer the following schedules:
A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order,
timing, and progress in which the Contractor proposes to prosecute the work. This schedule
shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted
as necessary to reflect project changes.
B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment
that will become due the Contractor in accordance with the Construction Progress Schedule.
C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic
for the specific conditions involved with each construction schedule.
The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No
work shall be done outside of these hours unless specifically approved by the City Engineer.
12. PRECONSTRUCTION CONFERENCE
After the contract(s) have been awarded, but before the start of construction, a conference will
be held at the site of the project for the purpose of discussing requirements on such matters as
project supervision, on-site inspections, progress schedules and reports, payrolls, payment to
contractors, contract change orders, insurance, safety, and any other items pertinent to the
project. The Contractor shall arrange to have all supervisory personnel and a representative
from each of the affected utility companies connected with the project on hand to meet with a
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representative of the Owner to discuss the project and any problems anticipated.
13. SHOP AND FABRICATION DRAWINGS
The Contractor shall prepare and submit fabrication drawings, design mix information, material
testing compliance data, and other data, in accordance with the General Conditions. Following
review, the Contractor shall resubmit copies of any drawings which required revision or
correction.
Any review by the Owner will not relieve the Contractor from responsibility for errors or
omissions, inadequate design performance requirements, schedule requirements, and proper
operation of any item required under the Contract. Notwithstanding any such review,
Contractor shall remain solely responsible for full and complete performance in accordance
with the terms, conditions, provisions, drawings and specifications set forth in the Contract
Documents.
14. UNDERGROUND UTILITIES
The Contractor shall be responsible for checking with the Owners of underground utilities such
as the City, County, power and telephone companies, etc. as to the location of their
underground installations in the project area. The Contractor shall be solely responsible for
any damage done to these installations due to failure to locate them or to properly protect
them when their location is known.
It shall be solely the responsibility of the Contractor to fully coordinate his work with the
agencies and to keep them informed of his construction activities so that these vital
installations are fully protected at all times.
A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate
requests for underground facility located information. The Contractor is responsible for
contacting the One-call system prior to any excavation.
15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY
The Contractor shall contain all of his construction operations within the easements and rights
of way unless written approval is secured from the owner of the adjoining property or written
approval is given by the Owner to utilize the adjacent land area.
16. TRAFFIC CONTROL
A. General. The Contractor shall at all times conduct his operations so that there is a
minimum interruption in the use of the City's streets affected by the work. Exact procedures in
this respect shall be established in advance of construction with the City Engineer.
Barricade function, design and construction shall conform to the latest edition of the Manual on
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Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge
Construction of the State Highway Commission of Montana latest Edition.
Should construction of the project require the closure of any streets, roads or highways or
require night-time or long-term traffic control, the Contractor will be required to prepare a
detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic
under the specific conditions. Traffic control plans shall be in conformance with the
requirements of the Manual on Uniform Traffic Control Devices. In regards to closures, the
plan shall include specific details on traffic detours and estimated durations of the closures.
Details of signing, barricades, flagging and other traffic control devices shall be presented.
The traffic control plan shall be approved by the Owner prior to construction.
B. Traffic Access. Construction work shall be programmed by the Contractor so that
local traffic will have continuous access within one block of any given property. It shall be the
responsibility of the Contractor to notify all affected residents in the area of programmed work,
of street closures, parking requirements and restrictions, and any other conditions, a minimum
of twenty-four (24) hours prior to beginning work within the affected area. All signing,
barricades, and other traffic control measures shall be provided by the Contractor.
C. Warninq Siqnals. All streets, roads, highways and other public thoroughfares which
are closed to traffic shall be protected by means of effective barricades on which shall be
placed, mounted or affixed acceptable warning signs. Barricades shall be located at the
nearest intersecting public highway or street on each side of the blocked section.
All open trenches and other excavations within the construction area shall be provided with
suitable barriers, signs and lights to the extent that adequate public protection is provided. All
abrupt grade changes greater than one inch which traffic is required to pass over; and
obstructions, including but not limited to, material stockpiles and equipment shall be similarly
protected,
All barricades and obstructions shall be illuminated by means of warning lights at night All
lights used for this purpose shall be kept burning from sundown to sunrise.
D. Work near rail crossinqs. A portion of the work involves paving operations near
railroad facilities owned by Montana Rail Link. Paving operations shall be conducted so that
paving proceeds away from the rail crossings. The Contractor shall give Montana Rail Link a
minimum of 5 working days notice prior to beginning work near their rail crossings. If a railroad
flagger is required to be on-site during the work, any costs for such flagger shall be paid for by
the Owner.
E. Temporary pavement markinqs. If necessary, temporary pavement markings shall
be installed by the Owner.
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17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL
The Contractor is responsible for proper disposal of all waste soils and materials unless
otherwise directed herein. Where waste materials are disposed on private property not owned
by the Contractor, evidence of property owner's written permission shall be obtained and
provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and
regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all
refuse and discarded materials in an approved location.
The Contractor shall exercise every reasonable precaution throughout the life of the project to
prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as
chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be
discharged into or alongside of rivers, streams, impoundments or into natural or manmade
channels leading thereto. In addition, the Contractor shall conduct and schedule his
operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor
shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife
and Parks, Department of Health and Environmental Sciences and other State or Federal
regulations relating to the prevention or abatement of water pollution and siltation. The
Contractor's specific attention is directed to the Montana Water Pollution Control Act and the
Montana Stream Preservation Act.
The Contractor shall be responsible for obtaining any required discharge permits associated
with groundwater de-watering operations. Contractor's shall include all clean-up, restoration,
etc., of any detention or discharge areas.
All debris or waste materials shall be cleaned up by the end of the work day.
18. PROTECTION OF EXISTING PAVEMENT
All equipment shall be fitted with pads on the outriggers and other accessories as necessary to
prevent damage to existing pavement during the course of the project. Any damages to
pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the
Engineer.
19. MANHOLES, VALVE AND MONUMENT BOXES
All manholes, valve and monument boxes shall be protected with heavy builders paper until
final coating and compaction has occurred. Contractor shall dig out and clean completely all
boxes and manholes which are not protected. All manholes and boxes which are at the edges
of the defined limits of construction shall be treated as if they are completely within the
construction area and the area immediately surrounding the raised and/or protected manholes
and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or
box.
It is imperative that manholes and valve boxes be accessible to the City for emergency
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SPECIAL PROVISIONS
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maintenance of its utilities. The Contractor shall schedule his work to provide timely access to
manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor
and not immediately re-exposed shall be subject to being uncovered by City crews without
notice in response to emergency maintenance needs. The Contractor shall be responsible for
reasonable restoration at no cost to the City.
20. OPERATION OF EXISTING VALVES
All existing City of Bozeman water main valves shall be operated by authorized personnel of
the City of Bozeman only. The Contractor shall not operate any existing valves without the
written consent of the City of Bozeman.
21_ SALVAGEABLE ITEMS
Any items removed from the existing system under the terms of this contract shall remain the
property of the Owner and shall be delivered to a site of the Owner's choosing within the
property limits of said Owner. Should the Owner choose not to accept any salvageable items,
then the Contractor shall dispose of those items at his expense at a site or landfill acceptable
to the Engineer. Any costs for the above work shall be at the Contractor's expense.
22. ACCESS TO RECORDS
The Contractor shall allow access to any books, documents, papers and records which are
directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly
authorized representatives for the purpose of making an audit, examination, excerpts or
transcriptions.
23. INSURANCE
Insurance coverages required under this contract shall extend, at a minimum, to the end of the
contract time.
24. SUPPLEMENTAL TECHNICAL SPECIFICATIONS - Seal Coat
The proposed application rates for the seal coat improvements are 0.34 gal/SY (cold) for the
emulsified asphalt, and 26 Ibs/SY for the 3/8" aggregate. Adjustments of the application
rates may be required to achieve the desired coverage
The cationic emulsified asphalt for Seal Coat Improvements, shall be CRS-2P, in accordance
with the following table (Table 702-8, Montana Supplemental Specifications):
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SPECIAL PROVISIONS
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TABLE 702.8
LATEX OR POLYMER MODIFIED CRS-Z EMULSIFIED ASPHALT
Prooenv I Test Melhod LMCRS.2 CRS.2P
Viscosltv @ 122.F (50.C) AASHTO T.59 75-400 Sec. I 50.400 Sec.
Sieve AASHTO T-59 I 0.3% max. I 0.3% max.
Settlement. 5 Davs AASHTO T.59 I 5% max. I 5% max.
Demulsibilitv AASHTO T.59 I 40% min. I 40% min.
Storage Stability, AASHTO T -59 1 ~~ max.. 1 oJ:' max.
Tesl1 Dav
Particle Charoe AASHTO T-59 Positive Positive
Ash Contertl AASHTO T.111 0.2% max. 0.2% max.
Tests on Residue by AASHTO T .59 65% min. I 65% min.
Evaporation:
Percent Residue
Penetration @ n.F (2S'C). AASHTO T-49 100-200 100-2S0
1 OOq. 5 sec.
Ductility @ n.F (2S'C). AASHTO T.Sl 40 em. min. 75 em. min.
5 em/min.
Elastic Recoverv AASHTO T.301 58% min.
Torsional Recoverv MT.333 18% min.
25. SUPPLEMENTAL TECHNICAL SPECIFICATIONS - Paving Fabric
The paving fabric shall be PetroGrid 4582, a paving fabric/structural grid composite
manufactured by Propex Fabrics, Inc., or approved equal.
Construction and Installation ReqUirements
Shipping and Storage: The composite shall be kept dry and wrapped such that
it is protected from the elements during shipping and storage.
Tack Coat: Uncut asphalt cement is strongly preferred for the tack coat. An
asphalt emulsion may be used only if approved by the Owner. The Contractor
shall follow the special recommendations of the composite manufacturer when
an asphalt emulsion is used. The use of cutbacks or emulsions that contain
solvents shall not be permitted.
Weather Limitations: The air and pavement temperatures shall be at least 50
degrees F and rising for the placement of asphalt cement.
Surface Preparation: The pavement surface shall be dry and cleaned of all dirt
and debris to the satisfaction of the Owner. A SS-1 or approved equal tack coat
shall be applied to the pavement, followed by a hot mix asphalt leveling course
compacted to provide a smooth even surface for the placement of the
composite.
Tack Coat Application: The tack coat shall be applied using a calibrated
distributor spray bar. Hand spraying, squeegee and brush application may be
used only in locations where the distributor truck cannot reach. The tack coat
shall be uniformly applied at a rate sufficient to saturate the fabric and to bond
8
SPECIAL PROVISIONS
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the fabric to the leveling course, The tack coat application rate shall be typically
0.25 gallons per square yard, with a range of 0.23 to 0.27 gallons per square yard
as required by the roadway surface and environmental conditions. If the Owner
approves the use of emulsions, the application rate must be increased the
appropriate amount to offset the water content ofthe emulsion. The temperature of
the tack coat shall be sufficiently high to permit a uniform spray pattern. Asphalt
cements shall be sprayed at temperatures between 290 degrees F and 325 degrees
F. For asphalt emulsions, the distributor tank temperatures shall be maintained
between 130 degrees F and 160 degrees F. The target width of the tack coat
application shall be equal to the paving fabric width plus 6 inches. The tack coat
shall be applied only as far in advance of the paving composite installation as is
appropriate to ensure a tacky surface at the time of paving composite placement.
Traffic shall not be allowed on the tack coat. Excess tack coat shall be cleaned from
the pavement.
Paving Composite Placement: The paving composite shall be placed onto the tack
coat using mechanical or manuallaydown equipment capable of providing a smooth
installation with a minimum amount of wrinkling or folding. This composite cannot
be stretched or continuously placed around curves. The paving composite must be
cut and realigned to place on curves. When asphalt emulsions are used, the
emulsion shall be allowed to cure properly such that essentially no water moisture
remains prior to placing the paving composite. Composite wrinkles severe enough
to cause folds shall be slit and laid flat. Brooming and/or rubber-tire rolling will be
required to maximize paving composite contact with the pavement surface.
Additional hand-placed tack coat may be required at overlaps and repairs as
required by Owner. Turning and braking of the paver and other vehicles shall be
done gradually and kept to a minimum to avoid movement and damage to the
paving composite, Damaged composite shall be removed and replaced with the
same type of composite and tack coat.
Joints and Overlap: At joints, composite rolls shall overlap by 2 to 6 inches. End
joints and joints from repair of wrinkles should be made to overlap or ' , shingle" in
the direction that the pavement overlay will be placed. Excess composite shall be
cut and removed to ensure that overlaps do not exceed 6 inches. A uniform
application of tack coat shall be applied between all composite overlaps.
All areas with paving fabric placed will be paved the same day. No traffic
except necessary construction traffic shall be allowed to drive on the paving
composite.
Overlay Placement: Asphalt overlay construction shall closely follow composite
placement. Excess tack coat that bleeds through the paving composite shall be
removed by broadcasting hot mix or sand on the paving composite. Excess sand or
hot mix shall be removed before beginning the paving operation. In the event of
rainfall on the paving composite prior to the placement of the asphalt overlay, the
paving composite must be allowed to dry completely before the overlay is placed.
9
SPECIAL PROVISIONS
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26. SPECIAL PROVISIONS - ASPHALT OVERLAYS
The contractor shall take care to taper the new asphalt overlay to match existing paved
driveways to provide for a smooth transition, Transitions to existing gravel driveways or
streets shall be the responsibility of the City of Bozeman. The City of Bozeman shall provide
a milled edge to facilitate a smooth transition between the new overlay and existing street
pavement.
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SPECIAL PROVISIONS
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SECTION 00100
MEASUREMENT AND PAYMENT
The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to
the Contractor will be made based on the actual satisfactorily completed work quantities
measured in the field. Under the terms of this contract, the unit price as contained in this Bid
Form shall be applicable to quantity overruns.
The following measurement and payment sections do not necessarily name every incidental
item required by the Contract Documents to complete the work. Cost of all such incidental
items shall be included in the various related bid items.
Item 101: Cationic Emulsified Asphalt, in place.
This item shall be measured and paid for by the number of gallons at the contract unit price for
"CRS-2P Emulsified Asphalt" material used and accepted in the work, corrected to gallons at
60 degrees F. The unit price and payment shall constitute full compensation for all
demurrage, storage, handling and all other charges, tools, equipment, labor and performance
of all work necessary or incidental to the furnishing, delivery, unloading, heating, hauling and
spreading of the asphalt material specified.
Payments will be made only for the asphalt required and actually used in the work. The Owner
will accept no responsibility for any oil shipped in excess of requirements because of tank-
truck or tank-car capacities or for other reasons.
Item 102: Seal Coat AOQreqate, 3/8" Gradation, in place.
This item shall be measured and paid for by the ton of 2,000 pounds for 3/8" seal coat
aggregate at the contract unit price bid. The unit price and payment shall constitute full
compensation for the furnishing, delivering, and placing of the material; compacting and rolling;
for covering excess asphaltic material; and for all labor, equipment, tools, traffic control, and
incidentals necessary to complete this item.
Item 103: Hot Mix Asphalt Surface Course. Type B Plant Mix. in place.
This item shall be measured and paid for by the ton of 2,000 pounds of compacted Hot Mix
Asphalt Surface Course, Type B Plant Mix, in place. The unit price and payment shall
constitute full compensation for cleaning underlying course; application of 8S-1 tack coats; for
furnishing, handling, hauling, placing, shaping, compacting and finishing of the paving mix;
matching finished street grade to existing manhole, valve box, and curb box grade; for
improving unsatisfactory areas; for placing leveling courses as required; for all materials
(inclusive of asphalt), manipulation, labor, tools, equipment, and incidentals necessary to
1
MEASUREMENT AND PAYMENT
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complete the work in full compliance with these specifications.
Item 104: Adjust Valve Box.
This item shall be measured and paid for by the number of valve boxes, and curb boxes
adjusted to the finished street grade through 1) the proper adjustment ofthe existing valve box
adjustment mechanisms (slip-type or screw-type), or 2) installation of an adjustable riser if
compatible. The required adjustable risers shall be provided by the City at no cost to the
Contractor, and shall be Tyler Corporation No. 69 screw-type adjustable riser (2 1/2" ~
9"). The unit price and payment shall constitute full compensation for all incidental materials,
excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete
this work.
Item 105: Pavinq Fabric
Measurement and payment shall be as per MPWSS Section 02110 Part 4, with the exception
that separate measurement and payment shall not be made for the asphalt cement binder; the
cost of the binder shall be included in this bid item. The leveling course required for the
placement of the paving fabric shall be paid for under Item 103.
Item 106: Construction Traffic Control
This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum
basis.
2
MEASUREMENT AND PAYMENT
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NOTES:
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1, Adjust water valves upward or downward as required. Finol adjustment sholl be made after paving and before
seal coating.
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2. Model No. 69 8550 series, East Jordon Iran works adjustoble screw-type risers may be used to roise or
adjust existing valve boxes only.
3. Valve box adjustment shown is designated as Type II water valve odjustment. Type I water valve odjustment is similar
except with 0 concrete collar.
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CITY OF BOZEMAN
STANDARD DRAWING
SCALE:
NONE
WATER VALVE ADJUSTMENT
DET AIL
NO.
Feb.
02213-2
2004
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2006 STREET IMPROVEMENTS
CHIP SEALS - estimated quantities o 34gallsy 30lbs/sy
STREET SY CRS-2P (gal) 3/8" Chips (tons)
Holly/Cherry 15425 5245 232
Cherry cul-de-sac 2750 935 42
Spruce 6208 2111 94
Cedarview 7304 2484 110
Pinecrest 7077 2407 107
Ash 3080 1050 47
Fir Crest 935 318 14
O'Connell 3857 1312 58
Baxter Drive 3740 1272 56
Baxter Court 440 150 7
Kenyon 3531 1201 63
Berthot 1600 644 24
Chambers 3018 1027 46
Lomas/Knabb/O'Connell 8210 2792 124
Ellis 6415 2182 97
Corner radii 100 5
Totals 25130 1116
ASPHALT OVERLAY - estimated quantities
STREET Plant Mix (tons) Petrogrid
L STREET/N WALLACE AVE 1500
S CHURCH/SOURDOUGH RD 2800 4500 S Y
Totals 4300 4500 S Y
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