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20- Contract Documents - Curb Replacement
f B02�,� 88== 1N CO. CITY OF BOZEMAN 2020 CURB REPLACEMENT PROJECT CONTRACT DOCUMENTS PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT MAY 2020 2020 CURB REPLACEMENT PROJECT CITY OF BOZEMAN ADDENDUM No. 1 MAY 19,2020 TO: A91 Plan holders of Record Please note the following modifications to the above referenced bid documents: Specifications Section—Bid Advertisement: Remove the wording "Bids will be opened and read following the close of bids."From the first page. Bids will be read via WebEx video conference at 4pm on June 2nd. The bid due date and time has not changed. Bids must be received by 2pm, Tuesday, June 2❑d by the City Cleric's Office. Instructions to join the video conference are included below: Join by phone h50 4%9-3 Call-in ttoll number (US/Canada) Join from a video system or application Dial You can also dial 173.243.2.68 and ender your meeting ,number. Join using Microsoft Lync or Microsoft Skype for Business Dial ,4a43 i i I.i6 Jiyo(buzemanicr�tvrc�.w�oex..�un1 ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 1 on the Bid Form to validate their bid. Kellen Gamradt, P.E. Project Engineer I 1 f � I j I �i �. I � I �i I I( 1 I. {`J BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a. ✓Arithmetic Checked? b. �-YJnit Bid amounts agree with math calulations? c. -All Addenda acknowledged on proposal sheet and cover? d. -"Signature portion completely filled out? e.(/Bid Proposal intact in Contract Documents DO NOT REMOVE!!!! Jf. ✓Non-Descrimination Affirmation form completed and signed? 3) Bid/Envelope: a. " Addressed properly? (See Article 1 -Bids, Instructions to Bidders) b. ✓Contains the Contract Documents and Specifications booklet? C. 9'.Cknowledged Receipt of Addenda? d. ealed? V 4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, and acknowledgement of all addenda(by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. CITY OF BOZEMAN, MONTANA 2020 CURB REPLACEMENT PROJECT May 2020 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid IInstructions to Bidders 1 Bid Form Bid Bond Non-Discrimination Affirmation Form Agreement Form IPayment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions IMontana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment I CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2020 Curb Replacement Project Separate sealed bids for construction of City of Bozeman 2020 Curb Replacement Project will be received by the City Clerk at the office of City Hall, 121 North Rouse i Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, June 2, 2020 and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk's Office, Suite 200, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. I The mailing address is: City Clerk's Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2 p.m. Tuesday, June 2, 2020. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work is generally described as follows: Street improvements on West Garfield Street between South 6th Avenue and South 4th Avenue, including: removal and replacement of concrete curb and gutter, pedestrian ramps, and storm drain inlets. The work shall also include cutting and patching existing asphalt, restoration of boulevard areas and other miscellaneous work. 9 The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771- 1230, 406-582-2280, in accordance with the Instruction to Bidders. Required deposit is $25.00 per set, which is not refundable. CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Section 00100 INVITATION TO BID j Page I of 2 Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 p.m. local time, June 2, 2020. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. Non-Discrimination The City of Bozeman is an Equal Opportunity Employer. DATED at Bozeman, Montana, this 15th day of May, 2020. Mike Maas City Clerk City of Bozeman Published Bozeman, Montana, May 17, 2020 May 24, 2020 May 31, 2020 Section 00100 INVITATION TO BID Page 2 of 2 INSTRUCTIONS TO BIDDERS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink,with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission,City Hall, 121 North Rouse Ave.,P.O.Box 1230,Bozeman,Montana 59771-1230, and endorsed on the outside of the envelope with the words: CITY OF BOZEMAN 2020 CURB REPLACEMENT PROJECT. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee,in the amount stipulated in the Invitation To Bid,made unconditionally payable to the Owner,which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by,or on behalf of,a corporation,it must be signed in the name of such corporation by an official who is authorized to bind the corporation,and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. I 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. i RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another,or of others,may 9 be required to submit satisfactory evidence of this authority to do so. IThe 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. I In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved(a)maintains a permanent place of business;(b)has adequate plant and equipment to do the work properly and expeditiously;(c)has a suitable financial status to meet obligations incident to the work; and (d)has appropriate technical experience. 1 INSTRUCTIONS TO BIDDERS Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification,6"' Edition(MPWSS),shall be used to govern the contractual and performance aspects of this project,and is hereby incorporated as part of these CONTRACT DOCUMENTS,as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 6"'Edition(COB MODS),dated March 31,2011,including all addenda which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman,in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document,and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form................................. Bound Herein Bid Bond...................................... Bound Herein Agreement Form...........................Bound Herein Payment Bond..............................MPWSS/Bound Herein Performance Bond........................MPWSSBound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed............. MPWSS/Bound Herein Field Order...................MPWSSBound Herein Change Order.....................MPWSSBound Herein Work Directive Change.......MPWSS/Bound Herein Application For Payment (Guidance Only)............... Bound Herein Certificate of Substantial Completion........................MPWSS Order to Contractor to Suspend Work...............Bound Herein Order to Contractor to 2 INSTRUCTIONS TO BIDDERS v d Resume Work...............Bound Herein {I Contractors Certificate And Release...............MPWSS Lien Waiver for Prime Contractor................MP W S S Lien Waiver for Subcontractor/Supplier...MPWSS Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein Technical Specification...................MPWSS, COB MODS, &Bound Herein 1 Appendix A—Standard Drawings...........Bound Herein Existing Manhole Log...................Bound Herein Plan Set EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid,each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances,rules and regulations that may in any manner affect cost,progress or performance of the Work;and(d)study and carefully correlate Bidder's I observations with the Contract Documents. I Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent Iphysical 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. IThe 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. J 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 1 relieve him of his duties under this section or of any other responsibility under the contract. 3 INSTRUCTIONS TO BIDDERS No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Only proposals contained within bound copies of the Contract Documents obtained directly from the City will be considered. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 North Rouse Ave. P.O. Box 1230 Bozeman,MT 59771-1230 4 INSTRUCTIONS TO BIDDERS The envelope shall also contain the following information: Name of Project: CITY OF BOZEMAN 2020 CURB REPLACEMENT PROJECT. Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: , In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. June 2, 2020. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. ONLY PROPOSALS CONTAINED WITHIN BOUND COPIES OF THE CONTRACT DOCUMENTS OBTAINED DIRECTLY FROM THE CITY WILL BE CONSIDERED. B. Bids shall be'made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the Itotal 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. IG. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. H. The proposal must include a completed and signed Non-discrimination affirmation form. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. 5 INSTRUCTIONS TO BIDDERS Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By: Corporate Seal Title: 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 6 INSTRUCTIONS TO BIDDERS i' � u it 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. 'I 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. �I t MODIFICATIONS AND WITHDRAWAL OF BID A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s)who signed the Bid. If,within twenty-four(24)hours after Bids are opened,any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was it a material and substantial mistake in the preparation of its Bid,that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids,or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or reject nonconforming,non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor,if requested by the Owner. 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. j Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will 7 INSTRUCTIONS TO BIDDERS be required in the performance of the work. AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation,nonconforming,nonresponsive,unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible.OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability,or fails to meet any other pertinent standard or criteria established by the OWNER.The OWNER also reserves the right to waive all informalities not involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements,and such alternatives,unit prices and other data,as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors,Suppliers,and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded,OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded,OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If,at any time this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the 8 INSTRUCTIONS TO BIDDERS Iunsuccessful 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. fPERFORMANCE 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 Iequal 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 JMontana 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. I 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. Only proposals contained within bound copies of the contract documents obtained directly from the City will be considered. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. 9 INSTRUCTIONS TO BIDDERS i PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue,Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE(MONTANA CONTRACTORS GROSS RECEIPTS TAX In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders.The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further,wherever possible,products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price,quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 10 INSTRUCTIONS TO BIDDERS BID FORM 2020 CURB REPLACEMENT PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Cleric P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations,municipal ordinances and other factors which may affect the performance of the Work,and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of the 2020 CURB REPLACEMENT PROJECT, 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 & 2.3 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above,after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. 1 BID FORM I I The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following Nunit prices or lump sums: BID SCHEDULE Schedule 1: General Conditions, curb replacement, patching existing asphalt, storm drain and pedestrian ramp improvements, driveway apron replacements, and all associated work. Unit Estimated Total Estimated Item Description Unit Price Quantity Price 101 Taxes, Bonds, Insurance L.S. god oa 1 vo,06 102 Mobilization L.S. pb, 1 vp,06 I 103 Unclassified Excavation Above S.F. 8 031 Subgrade 3,� 2% 093.b0 104 6" Thick Concrete S.F. q,5.0 1,388 13., d° 105 Detectable Warning Surface (4.5' S.F. 18 width) S� 00 106 Combined Concrete Curb & L.F. Gutter 3 2 as 1,295 L/f a 107 Asphalt Concrete Pavement 3" S.Y. 432 l Thickness S0.00 Li boa I 108 Storm Drain Inlet EA p o0 3 17, a� I 109 Valley Gutter Demo Work S.F. 00 332 166& I 110 Concrete Valley Gutter S.F. 0- 332 3 6 , da 111 Construction Traffic Control L.S. 606on 1 112 Boulevard Restoration L.S. s q0000 1 Yop. a`' 113 Miscellaneous Work EA $1.00 5,000 $5,000 TOTAL SCHEDULE 1 BID $_/ ? Z9S ��C ffu�-dCM�C T�icf, /J i lnt Tkz,,Y==L TWd ttU.�" /"i W7 %;IK (TOTAL SCHEDULE 1 BID - WRITTEN WORDS) 3 BID FORM BASIS OF AWARD If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner's sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Schedule 1 Bid. The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. Dated 2 l CJ No. Dated No. Dated No. I Dated Submitted this 2Ye1 day of j(,L(/1 , 2020. SIGNATURE OF BIDDER: Montana Contractor Registration Number ( 5-7 3 I If an individual: doing business as If a Partnership: by partner If a Corporation:�� V COn���U Cr�l�' ` —f-► 'C (a) �.2�✓0� by (4 4 BID FORM T'R -Pr-es( :2 Title Business Address of Bidder: TC) g� d I ClCO �}'•, SEAL 2U 2.eVl-10�,1/L V v l I— 'i,,ONTA,N //llllllllll111� If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: doing business as If a Partnership: by Partner If a Corporation: (a) Corporation by (Seal & Title Attest) 1 I I l 5 BID FORM I . r1��. I Lr - :�. � "'rl>. � � �i '- Y �'� ,. l f NON-DISCRIMINATION AFFIRMATION FORM /�lV(0rA Sri Lk C`rM JI'C{name of entity submitting]hereby affirms it will not discriminate on the basis of race, color,religion,creed,sex, age,marital status,national origin,or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman,if a contract is awarded to it,and also recognizes the eventual contract,if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the AV C N^6tCUC+16N-JY1C.[name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: ti. Person authorized to sign on behalf of the bidder I. ' � � 1 i •: �' � I i I I ' � � I { 'I � I 1 I i PENAL SUM FORM E:l GIfiEEf15 l0i`Tf CoiigJ,CT CO CUI.1E-'l7S I:JMiIffEE BID BOND AV060220 Any singular reference to Bidder,Surety,Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): AV CONSTRUCTION, INC. 476 Cavuse Trail Bozeman, MT 59719 SURETY(Name, and Address of Principal Place of Business): SureTec Insurance Company 2103 CitvWest Blvd., Suite 1300 Houston, TX 77042 OWNER (Name and Address): City of Bozeman, City Clerk's Office Suite 200, City Hall, PO Box 1230 Bozeman, MT 59771 BID Bid Due Date: 6/02/2020 Description (Project Name—Include Location): 2020 Curb Replacement BOND Bond Number: AV060220 Date: 6/02/2020 Penal sum Ten Percent 10.00% ��(V(dHtltl)'fni��r (Figures) Surety and Bidder, intending to be le# 4+{@rj�subject to the terms set forth below, do each cause this Bid Bond to be duly executed bft5tJthorized'o&e 4 agent, or representative. BIDDER =�:*COS ddam�,,'•"ETY AV CONSTRUCTION,INC. — —.?§4 �.;94;Zec Insurance Company (Seal) Bidder's Name and Corporate Seal *•.• EAj, l ty's Name nd Corporate Sea By: N TA N�;,,\\\A3Y: Signature "' Signature (ACUtach Powe of Attorney) W /�j�.[. A�b r•cc,( Timothv G. Liahtbourne IPrint Name Print Name M , ; i V i�bt%sT'rwliok TaiL _Alturney-In-Fact Title Title , Attest: /L� Attest: (26� 1�/1 " ignaturre nature Title V '`' Title Custonner Service Agent I Note:Addresses are to be used for giving any required notice. Provide execution by any additional parties,such as joint venturers, if necessary. EJCDC°C-430,old Bond(Penal Sum Form).Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 I I"Jt,j)C� PENAL SUM FORM LI{71VLE�15 101YT C01iTftALi OOCOMEM U04M !EE 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to Issue a Notice of Award to Bidder within the time specified in the Bidding Documents(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder an&Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute,seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid"as used herein includes a Bid,offer,or proposal as applicable. EJCDC°C-430,Bid Bond(Penal sum Form).Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 Pon n: 2610001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Timothy G Lightbourne, Dale J Anderson, Stephani L Cordeiro, Dianne Meinhardt its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Fifty Million and 00/100 Dollars($50,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(1h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this end day of July A.D.2019 . >•w SURETEC TNSU A � PANY \�SUF...... 4// X q ;� By: w t w nE John Kno ,CE State of Texas ss: ��. d yY County of Harris On this 2nd day of July •, A.D.2019 before me personally came John Knox Jr.,to me known,who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above .instrument; that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACOUELYN GREENLEAF .•... B% I ;;:Notary Public,State of Texas m Com Expires 05-18-2021 Notary ID 126903029 Jacq elyn Greenleaf,Notary Public Y My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect, (Given under my hand and the seal of said Company at Houston, Texas this 2nd day of Junq. 2020 7 P11ren Beaty,ristant tary Any instrument issued In excess of the penalty stated above is totally void and without any validity. 2610001 For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. I I � � . , . . , ; ., . � -� . � � I _ � � __ . . i i . . I � .;j �� � , . , , . i � � I.� AGREEMENT FORM THIS AGREEMENT is dated as of the i 7 day of SLi��� in the year 2020, by and between CITY OF BOZEMAN, hereinafter called OWNER, and AV GoAtstR.',C,r1on/ hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Street improvements on West Garfield Street between South 61h Avenue and South 41h Avenue, including: removal and replacement of concrete curb and gutter, pedestrian ramps, and storm drain inlets. The work shall also include cutting and patching existing asphalt, restoration of boulevard areas and other miscellaneous work. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2020 Curb Replacement Project, City of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 days after the date when the contract time I 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 I 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 I proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. IArticle 3. CONTRACT PRICE. I 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 ($ ). 1 Article 4. PAYMENT PROCEDURES. I 1 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. 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. 6.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race,color,religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement(if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. I7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications,Sixth Edition,and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition,March 31,2011 with addenda (by reference). I 7.12 Appendices I 4 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. 7.22 Non-discrimination affirmation form. 7.23 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification(as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. `��111111 H I I I I l/U j�� (CONTRACTOR) U V; '? ; By Title y P � *{A��I')'•* N T 111IR1111111'.- (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman (OWNER) By ((YlfY MANAGER) (SEAL &) �E 1 � z (ATTEST) e 0, ' ® � •,% Cj APPROVED AS TO FORM: 0 (CITY AT ORNEY) �'��� 1 l I i � i z:,w.. -�, I �, . , } �:- . . . ��__ .= .�.`.��! $,� � - }} I I � . I 1 `, `. ;t �t • � t" .. :� J f ` f •� r, �, . . � ` - i � ' � � � I r DocuSign Envelope ID:24EB2A5F-A5E1-45D1-AF16-A37180B25674 NOTICE OF AWARD Dated: June 15,2020 TO: AV Construction,Inc. ADDRESS: P.O. Bog 11966,Bozeman,MT 59719 PROJECT: City of Bozeman 2020 Curb Replacement Project CONTRACT FOR: Schedules 1 You are notified that your Bid dated June 2°d,2020,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for Curb replacement and associated work on West Garfield Street. The Contract Price of your Contract is:one hundred thirty nine thousand two hundred ninety five Dollars ($139,295.00). 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 June 151h,2020 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders(page 7),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)and Supplementary Conditions(paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award,and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: DocuSigned by: DocuSigned by: FZ- 88 Signed by:BY:BY: �t M�Itit�tG� i. 1 F41 F922095MCLE ) DATE: 6/22/2020 �- I I � , ;. I i , I � ', i I � ' IA j ; � , j I �, � I � i , _ I � i EJCDC-Z 4438094 9 ENGINEERS JOINT CONTRACT 4 DOCUMENTS COMMITTEE SECTION 00610 PERFORMANCE BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): AV CONSTRUCTION, INC. SureTec Insurance Company 476 Cayuse Trail 2103 CitvWest Blvd., Suite 1300 Bozeman, MT 59719 Houston, TX 77042 OWNER(name and address): City of Bozeman, City Clerk's Office Suite 200, Citv Hall, PO Box 1230 Bozeman, MT 59771 CONSTRUCTION CONTRACT Effective Date of the Agreement: /7/� Amount: $139,295.00 Description (name and location): City of Bozeman 2020 Curb Replacement Project BOND Bond Number: 4438094 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: $139,295.00 Modifications to this Bond Form: m None ❑ See Paragraph 16 Surety and Contractor, intending to be`�{�1'I1�h�N�KIA���ereby, subject to the terms set forth below, do each cause this Performance Bond to be duly e\@t��'!krC3r��gq��ed officer, agent, or representative. I CONTRACTOR AS PRINCIPAL oqvQ ` RA` V- RETY AV CONSTRUCTION, INC. Q•. _fcrl)• �$ eTec Insurance Company (seal) Contractor's Name and Corporate Seals I rety's ame and Corporate S I By: By: 411" (A* I Signature Signature(at ch power of o torney) Timothy G. Lightbourne Print Name Print Name Attorney-In-Fact Title Title A r Attest: Attest: f�T\- Signature Signature Title Title INotes:(1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. I 1. The Contractor and Surety, jointly and severally, bind to be secured with performance and payment bonds executed themselves, their heirs, executors, administrators, successors, and by a qualified surety equivalent to the bonds issued on the assigns to the Owner for the performance of the Construction Construction Contract, and pay to the Owner the amount of Contract,which is incorporated herein by reference. damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the 2. If the Contractor performs the Construction Contract,the Surety Contractor Default;or and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4 Waive its right to perform and complete, arrange for Paragraph 3. completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as 3.1 The Owner first provides notice to the Contractor and practicable after the amount is determined, make payment the Surety that the Owner is considering declaring a Contractor to the Owner;or Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and 5.4.2 Deny liability in whole or in part and notify the Surety to discuss the Contractor's performance. If the Owner Owner,citing the reasons for denial. does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,request such a 6. If the Surety does not proceed as provided in Paragraph 5 with conference. If the Surety timely requests a conference, the reasonable promptness,the Surety shall be deemed to be in default Owner shall attend. Unless the Owner agrees otherwise, any on this Bond seven days after receipt of an additional written notice conference requested under this Paragraph 3.1 shall be held from the Owner to the Surety demanding that the Surety perform its within ten (10) business days of the Surety's receipt of the obligations under this Bond, and the Owner shall be entitled to Owner's notice. If the Owner, the Contractor, and the Surety enforce any remedy available to the Owner. If the Surety proceeds as agree, the Contractor shall be allowed a reasonable time to provided in Paragraph 5.4,and the Owner refuses the payment or the perform the Construction Contract, but such an agreement shall Surety has denied liability, in whole or in part, without further notice not waive the Owner's right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy available to the Contractor Default; Owner. 3.2 The Owner declares a Contractor Default, terminates 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3,then the Construction Contract and notifies the Surety;and the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and 3.3 The Owner has agreed to pay the Balance of the the responsibilities of the Owner to the Surety shall not be greater Contract Price in accordance with the terms of the Construction than those of the Owner under the Construction Contract. Subject to Contract to the Surety or to a contractor selected to perform the the commitment by the Owner to pay the Balance of the Contract Construction Contract. Price,the Surety is obligated,without duplication for: 4. Failure on the part of the Owner to comply with the notice 7.1 the responsibilities of the Contractor for correction of requirement in Paragraph 3.1 shall not constitute a failure to comply defective work and completion of the Construction Contract; with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety 7.2 additional legal, design professional, and delay costs demonstrates actual prejudice. resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5;and 5. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the 7.3 liquidated damages, or if no liquidated damages are following actions: specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 5.1 Arrange for the Contractor, with the consent of the Owner,to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 5.3 Obtain bids or negotiated proposals from qualified Contract, and the Balance of the Contract Price shall not be reduced contractors acceptable to the Owner for a contract for or set off on account of any such unrelated obligations. No right of performance and completion of the Construction Contract, action shall accrue on this Bond to any person or entity other than arrange for a contract to be prepared for execution by the the Owner or its heirs, executors, administrators, successors, and Owner and a contractor selected with the Owners concurrence, assigns. EJCDC®C-630,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including for damages to which the Contractor is entitled, reduced by all changes of time, to the Construction Contract or to related valid and proper payments made to or on behalf of the subcontracts,purchase orders,and other obligations. Contractor under the Construction Contract. 11. Any proceeding, legal or equitable, under this Bond may be 14.2 Construction Contract: The agreement between the instituted in any court of competent jurisdiction in the location in Owner and Contractor identified on the cover page,including all which the work or part of the work is located and shall be instituted Contract Documents and changes made to the agreement and within two years after a declaration of Contractor Default or within the Contract Documents. two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this 14.3 Contractor Default: Failure of the Contractor, which Bond, whichever occurs first. If the provisions of this paragraph are has not been remedied or waived, to perform or otherwise to void or prohibited by law, the minimum periods of limitations comply with a material term of the Construction Contract. available to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required 12. Notice to the Surety, the Owner, or the Contractor shall be under the Construction Contract or to perform and complete or mailed or delivered to the address shown on the page on which their comply with the other material terms of the Construction signature appears. Contract. 13. When this Bond has been furnished to comply with a statutory 14.5 Contract Documents:All the documents that comprise or other legal requirement in the location where the construction was the agreement between the Owner and Contractor. to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 15. If this Bond is issued for an agreement between a contractor and provisions conforming to such statutory or other legal requirement subcontractor, the term Contractor in this Bond shall be deemed to shall be deemed incorporated herein. When so furnished,the intent be Subcontractor and the term Owner shall be deemed to be is that this Bond shall be construed as a statutory bond and not as a Contractor. common law bond. 16. Modifications to this Bond are as follows: 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims I I I EJCDC®C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 I EJCDC= 4438094 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE SECTION 00615 PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): AV CONSTRUCTION, INC. SureTec Insurance Company 476 Cayuse Trail 2103 CityWest Blvd., Suite 1300 Bozeman, MT 59719 Houston, TX 77042 OWNER(name and address): City of Bozeman, City Clerk's Office Suite 200, City Hall, PO Box 1230 Bozeman, MT 59771 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: $139,295.00 Description (name and location): City of Bozeman 2020 Curb Replacement Project BOND Bond Number: 4438094 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: $139,295.00 Modifications to this Bond Form: ❑✓ None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an\OtMtlllia officer, agent, or representative. CONTRACTOR AS PRINCIPAL 5f; Y • CDkpDpw :z__ AV CONSTRUCTION, INC. % *'• f Suregs Insurance Company (seal) Contractor's Name and Corporate Seal p••. ,• •' ur�y's Name and Corporate Seal I TA IN-Ilk ` By: By: ISignature // Signature(att power of attorney) ZI�L �G6 Timothy G. Lightbourne Print Name Print Name Nrs f Attorney-In-Fact ITitle Title Attes Attest: Ihat re Signature Title Title Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety,Owner, or other party shall be considered plural where applicable. I 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor,that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference,subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant,with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim,stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract,then the Surety disputed;and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials,or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens,or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend,indemnify,and hold harmless the Owner against a duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3,and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond,subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or Claim;and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders,and other obligations. EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials,or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16. Definitions with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor I was done, or materials or equipment 17. If this Bond is issued for an agreement between a furnished; contractor and subcontractor, the term Contractor in this 3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor. I equipment was furnished for use in the performance of the Construction Contract; 18.Modifications to this Bond are as follows: 4. A brief description of the labor, materials, or equipment furnished; I 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the I Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; I 7. The total amount of previous payments received by the Claimant;and EJCDC°C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, Iand American Society of Civil Engineers. All rights reserved. 3 of 3 i � { ; � � . i �. , . , � , � � � � � � , , � � � POA It: 2610001 SureTec Insurance Company LIMITED POWER OF ATTORNEY 'Cnow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and .xisting under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Timothy G Lightbourne, Dale J Anderson, Stephani L Cordeiro, Dianne Meinhardt .ts true and lawful Attorney-in-fact,with fall power and authority hereby conferred in its name,place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the ,onditions of contracts and consents of surety for,providing the bond penalty does not exceed Fifty Million and 00/100 Dollars($50,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal A the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20,of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 2nd day of July A.D.2019 . SURETEC INS PANY SVRANC� wit X q p� By: w i w ':n= John Kno ,CE State of Texas ss: �'. 1 y; County of Harris NnMh� On this 2nd day of July A.D.2019 before me personally came John Knox Jr.,to me known,who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACOUELYN GREENLEAF •?;w...tee, ? �, tlotary Public,State of Texas ^' .•'P= Comm-Fxuires 05-18-2021 Notary ID 126903029 Jacq elyn Greenleaf,Notary Public �_- My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC rNSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of , A.D. Bren Beaty,A istant Se tary Any instrument issued in excess of the penalty stated above is totally void and without any validity. 2610001 For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. i 1 AVCONST-02 PKINGI ACORN DATE(MM/DDIYYYY) �� CERTIFICATE OF LIABILITY INSURANCE F6�30�I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#978973 CONTACT HUB International Mountain States Limited PHONE 4535 Valley Commons Dr ((A/C,N 'EXt)`(406)582-8868 (AIC,No):(406)582E-M -8878 Suite 201 ADDRESS: Bozeman,MT 59718 INSURER S AFFORDING COVERAGE NAIC# INSURER A:Employers Mutual Casualty Company 21415 INSURED INSURER B:Montana State Fund AV Construction Inc INSURER C: P O Box 11966 INSURER D: Bozeman,MT 59719-1966 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR 5X3850019 11/212019 11/2/2020 DAMAGE TO RENTED SOO�QOQ PREMISES Ea occurrence $MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:JECT GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EO a&tleDISINGLE LIMIT $ 1,000,000 X ANY AUTO 5X3850019 11/2/2019 11/2/2020 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED L NON-OWNED ROP'ER-ZtDAMAGE $ AUTOS ONLY AUTOS ONLY Per $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE 5X3850019 11/2/2019 11/2/2020 AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10,000 $ OT B WORKERS COMPENSATION X STATUTE EERH AND EMPLOYERS'LIABILITY Y/N 034590406 1211/2019 12/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as Additional Insured with regards to the General Liability Policy if required by written contract per form CG7482.3 10/13. Coverage is Primary&Non-Contributory and includes Completed Operations if required by written contract. Officers Mike J.Albrecht&Kara Albrecht are excluded from the Workers Compensation Coverage CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. 121 North Rouse Avenue P.O.Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE I ;i�_" )"lasow ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS - VICARIOUS LIABILITY - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II — Who Is An Insured is amended to "Vicarious liability" as used in this endorsement include as an additional insured means liability that is imposed on the additional 1. Any person or organization when you and such insured solely by virtue of its relationship with person or organization have agreed in writing in you, and not due to any act or omission of the a contract or agreement that such person or additional insured. organization be added as an additional insured 2. "Bodily injury", "property damage" or "personal on your policy; and and advertising injury" arising out of the 2. Any other person or organization you are rendering of, or the failure to render, any required to add as an additional insured under professional architectural, engineering or the contract or agreement described in surveying services including: Paragraph 1. above. a. The preparing, approving, or failing to Such person(s) or organization(s) is an additional prepare or approve, maps, shop drawings, insured only with respect to liability for "bodily opinions, reports, surveys, field orders, injury," "property damage" or "personal and change orders or drawings and advertising injury' caused, in whole, by: specifications; or a. Your acts or omissions; or b. Supervisory, inspection, architectural or b. The acts or omissions of those acting on engineering activities. your behalf; This exclusion applies even if the claims in the performance of: against any insured allege negligence or other wrongdoing in the supervision, hiring, a. Your ongoing operations for the additional employment, training or monitoring of others by insured; or that insured, if the "occurrence" which caused b. "Your work" performed for the additional the "bodily injury" or "property damage", or the insured and included in the "products — offense which caused the "personal and completed operations hazard". advertising injury", involved the rendering of, or However, the insurance afforded to such additional the failure to render, any professional insured described above only applies to the extent architectural, engineering or surveying permitted by law. services. B. With respect to the insurance afforded to these C. With respect to the insurance afforded to these additional insureds, the following additional additional insureds, the following is added to exclusions apply: Section III—Limits Of Insurance: This insurance does not apply to: The most we will pay on behalf of the additional insured is the amount of insurance: 1. "Bodily injury", "property damage" or "personal 1. Required by the contract or agreement and advertising injury" resulting from any act or described in Paragraph A.1.; or omission by, or willful misconduct of the additional insured, whether the sole or a 2. Available under the applicable Limits of contributing cause of the loss. The coverage Insurance shown in the Declarations; afforded to the additional insured is limited whichever is less. solely to the additional insured's "vicarious liability" that is a specific and direct result of This endorsement shall not increase the applicable your conduct. Limits of Insurance shown in the Declarations. D. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: CG7482.3(10-13) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 2 Primary and Noncontributory Insurance (2) You have agreed in writing in a contract or This insurance is primary to and will not seek agreement that this insurance would be primary contribution from any other insurance available to and would not seek contribution from any other an additional insured under your policy provided insurance available to the additional insured. that: E. All other terms and conditions of this policy remain (1) The additional insured is a Named Insured unchanged. under such other insurance; and CG7482.3(10-13) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 2 I i i �' i i � . � , STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I See Montana Public Works Standard Specifications Sixth Edition I l i I I I l P f SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC -2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. lSC —2.03 NOTICE TO PROCEED I Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: I 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. I 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: I2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the ( performance of the Work. The equipment list will include information necessary to l confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as Ithe horse power, capacity or weight, and accessories. 1 Section 00810-6th Edition Supplementary Conditions to the General Conditions 1 Page 1 of 13 SC- 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.S.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.0l.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.13 and replace with Special Provisions. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 2 of 13 SC-4.03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. 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: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or I property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified ISection 00810-6th Edition Supplementary Conditions to the General Conditions Page 3 of 13 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory C. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 C. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 4 of 13 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. { 7. Per Project Aggregate Endorsement l 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: IEach Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 ICoverage to Include i 1. All Owned !I 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. I 5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.13.4. of the General Conditions shall provide coverage for not less than the following lamounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 lSection 00810-6th Edition Supplementary Conditions to the General Conditions Page 5of13 SC- 5.04.13.5 CANCELATION NOTICE Amend paragraph 5.04.13.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.13.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors. Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 6 of 13 6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06. C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.13: Regular working hours are defined as 8:OOAM. To S:OOP.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments willbe acceptable to Engineer asproviding an o r d e r 1 y progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with Ior relieve Contractor from Contractor's full responsibility therefore. ISection 00810-6t1r Edition Supplementary Conditions to the General Conditions Page 7 of 13 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also b e responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 8 of 13 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, 1 o a d i n g a n d assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 9of13 equipment rental rates will be negotiated prior to t h e work being performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will b e deducted from subsequent payments. Beginning with the s e c o n d application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 10 of 13 SC -14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 o f the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract I Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents w i l 1 be in ISection 00810-6th Edition Supplementary Conditions to the General Conditions Page 11 of 13 Accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. 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-16.01 DISPUTE RESOLUTION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.0 below, no mediation arising of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 12 of 13 any other person or entity (including Engineer, Engineer's Consultant and the Officers, directors, agents, employees or consultants of any of them) who B is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and I which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 1.B, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing in this paragraph SC-16.0 1.0 nor in the provision of such subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. S,C-17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 I I ISection 00810-6th Edition Supplementary Conditions to the General Conditions Page 13 of 13 I NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR: 2019 North Tracy Avenue Reconstruction Project You are notified that your Bid opened on ,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2020 Curb Replacement Project. The Contract Price of your Contract is: Dollars($ I. Three(3)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. Two (2)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by 1. You must deliver to the OWNER Three (3) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders(Article 20),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award,and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. ICITY OF BOZEMAN,MONTANA ATTEST: BY: BY: I (CITY MANAGER) (CITY CLERK) I DATE: f Notice to Proceed Date: Project: Owner: lowner's Contract No.: Contract: - -- Engineer s Project No.: Contractor: Contractor's Address: [send Certified Mail,Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on.. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also,before you may start any Work at the Site,you must: l [add other requirements]. -_-— -- Owner IGiven by: Authorized Signature Title Date ICopy to Engineer EJCDC CS50 Notice to Proceed — — — Prepared by the Engineers Joint Contract Documents committee and endorsed by the Construction Specifications Institute.. Page 1 of 1 I MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2020 Effective: January 2, 2020 Steve Bullock, Governor State of Montana Galen Hollenbaugh, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public.In addition, we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwaaehourbopa.com or by contacting the department at(406) 444-6543. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the department at(406) 444-6543. GALEN HOLLENBAUHG I Commissioner Department of Labor and Industry State of Montana 1 I I TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication 3 ....... ....................................................................................................... B. Definition of Highway Construction ............................................................................................................. 3 C. Definition of Public Works Contract .......................................................................................................... 3 D. Prevailing Wage Schedule E. Rates to Use for Projects ................... ............................................................................................... 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ............................................................................................................................... 4 H. Dispatch City ........................................................................................................................................ 4 I. Zone Pay ............................................................................................................................................ 4 J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference 5 O. Projects of a Mixed Nature 5 P. Occupations Definitions Website Q. Welder Rates ..................................................................................................................................... 5 R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BRICK, BLOCK, AND STONE MASONS 6 CARPENTERS ........................................ ................................................................... 6 CEMENT MASONS AND CONCRETE FINISHERS 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 6 OPERATORS GROUP 7 OPERATORSGROUP 3 ............................................................................................................................ 7 OPERATORS GROUP 4 8 OPERATORS GROUPS 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 8 CONSTRUCTION LABORERS LABORERS GROUP 1 9 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERS GROUP 3 9 LABORERSGROUP 4 ............................................................................................................................ 10 DIVERS .................................................................................................................................................... 10 DIVERTENDERS ........................................................................................................................................ 10 ELECTRICIANS 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS 11 LINE CONSTRUCTION EQUIPMENT OPERATOR 11 GROUNDMAN 11 LINEMAN ................................................................................................................................................. 12 MILLWRIGHTS ............................................................................................................................................ 12 PAINTERS ................................................................................................................................................ 12 PILEBUCKS ............................................................................................................................................ 12 TRUCKDRIVERS ............................................................................................................................................... 12 2 A. Date of Publication January 2,2020 B.Definition of Highway Construction u The Administrative Rules of Montana(ARM),24.17.501(3)—(3)(a), states "Highway construction projects include, but 7 are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects a not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment(for road construction),fencing(highway), grade crossing 'J elimination (overpasses or underpasses), guardrails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians,parking lots,parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, streetpaving, surface courses, taxiways, and trails. " C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines"public works contract"as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000.. D. Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction,Heavy Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the department at(406)444-6543. E.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: (1)Any public works contract that by the terms of the original contract calls for more than 30 months to fillly perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. I I l 3 G. Fringe Benefits Section 18-2-412,MCA states: "(1) To f7tlftll the obligation...a contractor or subcontractor mm%: (a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit 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 U. S. department of labor; or (c) make payments using any combination of methods setforth in subsections (1)(a) and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund,plan, or program described in subsection (1)(b) mustprovide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor. " Fringe benefits are paid for all hours worked(straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM,24.17.103(11),defines dispatch city as "...the courthouse in the city.fi•orn the.following list which is closest to the center of'the job: Billings, Bozeman, Battle, Greut Falls, Helena, Kalispell, and kfissoula. " I.Zone Pay Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as"...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project.Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM, 24.17.103(22),states " 'Travel pay, 'also referred to as 'travel allowance, 'is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job. " See section H above for a list of dispatch cities. K.Per Diem ARM,24.17.103(18),states " 'Per diem'typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location otie177ight 01-1077gel'. " L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2),MCA states "...The,full an7ount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract. " Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are "...performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees. N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work.on public works contracts. O.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be ivorked, m,hether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at Me rate for that project classification" P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: stru.Lirn Q. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work,the foreman must be paid at least the journey level rate. I I I I Is WAGE RATES BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $28.71 $14.79 0-45 mi. free zone >45-60 mi. $32.50/day >60-90 mi. $62.00/day >90 mi. $75.00/day t Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $31.00 $13.57 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. t Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $24.87 $12.64 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. Duties Include: >50 mi. base pay + $3.00/hr. Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. t Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $26.52 $11.50 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. This group includes but is not limited to: >50 mi. base pay+ $3.00/hr. Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. t Back to Table of Contents 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $28.55 $11.50 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay + $3.00/hr. Air Doctor; B ackh oe\Excavator\S hovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float& Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant t Back to Table of Contents II CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $29.41 $11.50 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. This group includes but is not limited to: >50 mi. base pay + $3.00/hr. Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. Back to Table of Contents I I 1 l CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $30.10 $11.50 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay + $3.00/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. i Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $31.44 $11.50 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay + $3.00/hr. Cranes, 45 tons up to and incl. 74 tons. r Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $32.13 $11.50 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay + $3.00/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). r Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $34.23 $11.50 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay + $3.00/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. i Back to Table of Contents 8 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $20.90 $11.00 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. t Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $23.97 $10.47 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay + $3.00/hr. General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.19 $10.47 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. This group includes but is not limited to: >50 mi. base pay+ $3.00/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); IPower Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. f Back to Table of Contents I ' l I9 CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $25.18 $10.47 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. This group includes but is not limited to: >50 mi. base pay+ $3.00/hr. Hod Carrier'; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller& Concrete); Powderman; Rock& Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. t Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $41.23 $16.88 0-30 mi. free zone Diving $82.46 $16.88 >30-60 mi. base pay + $4.00/hr. Depth Pay (Surface Diving) >60 mi. base pay+ $6.00/hr. 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. t Back to Table of Contents DIVER TENDERS Wage Benefit Zone Pay: $40.23 $16.88 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+ $6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. f Back to Table of Contents 10 ELECTRICIANS Wage Benefit Travel: $34.08 $14.91 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day t Back to Table of Contents IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $28.00 $26.40 0-45 mi. free zone >45-60 mi. $40.00/day Duties Include: >60-100 mi. $65.00/day Structural steel erection; assemble prefabricated metal >100 mi. $85.00/day buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; Special Provision: handrail fabrication and ornamental steel. When the employer provides transportation, travel will not be paid. However, when an employee is required to travel over 70 miles one way, the employee may elect to receive the travel pay in lieu of the transportation. i Back to Table of Contents LINE CONSTRUCTION— EQUIPMENT OPERATORS Wage Benefit Travel: $35.04 $16.45 No Free Zone $60.00/day t Back to Table of Contents LINE CONSTRUCTION —GROUNDMAN Wage Benefit Travel: $27.36 $15.60 No Free Zone $60.00/day Back to Table of Contents I11 LINE CONSTRUCTION — LINEMAN Wage Benefit Travel: $45.74 $17.60 No Free Zone r Back to Table of Contents $60.00/day MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $13.57 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. r Back to Table of Contents PAINTERS Wage Benefit Zone Pay: $28.00 $10.30 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. >50 mi. base pay + $3.00/hr. Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $31.00 $13.57 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. Duties Include: >60 mi. base pay+ $6.00/hr. Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. Back to Table of Contents 12 TRUCK DRIVERS Wage Benefit Zone Pay: Pilot Car Driver $22.39 $11.00 All Districts Truck Driver $28.06 $10.16 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. Truck drivers include but are not limited to: >50 mi. base pay+ .$3.00/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Back to Table of Contents l l 1 . I I I I13 MONTHLY PAY ESTIMATE SUMMARY Date 2020 Curb Replacement Project City of Bozeman, Montana Estimate No. - to 12020 DESCRIPTION AMOUNTS THIS MONTH PREVIOUS TO DATE Earnings for Work& Materials Installed: $0.00 $0.00 $0.00 Plus 100% of Invoice for Materials Stored: $0.00 $0.00 $0.00 Less Materials Used: $0.00 $0.00 $0.00 Subtotal: $0.00 $0.00 $0.00 5% Retainage: $0.00 $0.00 $0.00 Net Earnings: $0.00 $0.00 $0.00 Less 1% Gross Receipts Tax: $0.00 $0.00 $0.00 Gross Payment: $0.00 $0.00 $0.00 Less Previous Payments: $0.00 Net Payment this Estimate: $0.00 $0.00 Percent Time Elapsed: #VALUE! Work Done Based on Installed Cost: #DIV/0! Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): 90 Stop/Resume Work Orders (dy): 0 Approved Time Extensions (dy): 0 New Contract Completion Time(dy): 90 Contract Completion Date: 3/30/1900 Contract Cost Data: Amount of Original Contract: $0.00 Approved Changes: $0.00 Revised Amount: $0.00 Approved by (Contractor): Approved by City of Bozeman (Owner): l I l I i { I. i I. I I I " I � I- � ' i I � � � I I � � i � � I I I. � ' i i PAY ESTIMATE 2020 Curb Replacement Project CONTRACTOR: ENGINEER: City of Bozeman P.O.Box 1230 Bozeman,MT 59771 PAY ESTIMATE NO. to 2020 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE SCHEDULE1 101 Taxes,Bonds,Insurance LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 102 Mobilization LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 103 Unclassified Excavation Above Subgrade SF 8,031 0 0 0 $0.00 $0.00 $0.00 $0.00 104 6"Thick Concrete SF 1,388 0 0 0 $0.00 $0.00 $0.00 $0.00 105 Detectable Warning Surface SF 18 0 0 0 $0.00 $0.00 $0.00 $0.00 106 Combined Concrete Curb&Gutter LF 1.295 0 0 0 $0.00 $0.00 $0.00 $0.00 107 Asphalt Concrete Pavement 3"Thickness SY 432 0 0 0 $0.00 $0.00 $0.00 $0.00 108 Storm Drain Inlet EA 3 0 0 0 $3.00 $0.00 $0.00 $0.00 109 Concrete Valley Gutter Demo Work SF 332 0 0 0 $0.00 $0.00 $0.00 $0.00 110 Concrete Valley Gutter SF 332 0 0 0 $0.00 $0.00 $0.00 $0.00 111 Construction Traffic Control LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 112 Boulevard Restoration LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 113 Miscellaneous Work EA 5,000 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL BID ITEM WORK INSTALLED $0.00 $0.00 $0.00 Materials in Storage $0.00 $0.00 $0.00 Materials out of Storage $0.00 $0.00 $0.00 SUBTOTAL $0.00 $0.00 $0.00 Total Amount Due $0.00 $0.00 $0.00 Less Retainage 5% $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less 1%Gross Reciepts Tax $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 Less Previous Payments $0.00 $0.00 Total Due This Payment I I 1 1 l CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK# PO Box 1230 - Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ VENDOR# DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I,the undersigned,do solemnly swear,that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS#or Tax ID# Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. I I Certificate of Substantial Completion Project: Owner: Ow►ier's Contract No..- Contract: En?ilieer's Project No.:� This [tentative] [definitive] Certificate of Substantial Completion applies to: ❑All Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security,operation, safety,maintenance, heat,utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities ❑Not Amended Owner's Amended Responsibilities: i Contractor's Amended Responsibilities: I EJCDC C-625 Certificate of Substantial Completion If Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 l The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: I Order to Contractor to Suspend Work- Page 1 of 1 R:\Documents\Projects\STREETS\2020\Garfield Curb Replacement\Spec Book\17-suspend_wrk.doc 5/12/20 I ,� 1 L. . _ _ i ' � , l it - ` � i ._ i i- l �. � , i � � � : I ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: I 1 l l l ` Order to Contractor to Resume Work— Page 1 of 1 I i 1 I I `� ' s I ' , I II, � , i � . f i I i � � ' j j � 1 I i I '. ( � � � ` SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the improvements to West Garfield Street from South 6d Avenue to South 4' Avenue along with associated storm drain replacement, ADA ramps and drive approaches in the City of Bozeman. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition(MPWSS),6th Edition,and as further modified by the City of q Bozeman Modifications to MPWSS, 6` Edition, which is hereby included as part of these specifications. All references to MPWSS sections,unless otherwise noted, are a reference to said �j 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 A The work involves Street improvements on West Garfield Street between South 6'Avenue and South 41h Avenue, including: removal and replacement of concrete curb and gutter,pedestrian ramps, and storm drain inlets. The work shall also include cutting and patching existing asphalt, restoration of boulevard areas and all related work incidental to construction. The work also included installation of a concrete valley gutter at the intersection of W Koch Street and S 22nd Avenue. 3. AWARD OF CONTRACT If the contract is awarded,the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all Bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids,or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive,responsible Bidder which,in the Owner's sole and absolute judgment,will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Schedule 1 Bid. I 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 who's Bid complies with all the requirements I prescribed herein. The successful Bidder will be notified by letter,mailed to the address shown on I the Bid,that his Bid has been accepted and that he has been awarded a contract. 1 SPECIAL PROVISIONS l 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. 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 after 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 $500.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated dainages 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 2 SPECIAL PROVISIONS execution of the work,together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full- time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of 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 1 held at the City Engineer's Office,20 E. Olive Street,for the purpose of discussing requirements on J such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, 3 SPECIAL PROVISIONS 1 payment to contractors,contract change orders,insurance,safety,and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing 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 locate 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 B. 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. 4 SPECIAL PROVISIONS Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) 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.The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. C. 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. i D. Warning Signals. All streets,roads,highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over;and obstructions,including but not limited to,material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. E. Notifications. The Contractor shall coordinate all of the Contractor's construction activities to minimize conflicts at the work site,off-site events,or other construction projects nearby. The Contractor shall notify all affected residents and businesses,the Bozeman Police,Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service,and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition,all businesses affected by a street closure shall be given seven(7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site.Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the 5 SPECIAL PROVISIONS I upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. F. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. G. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet "Instructions to Flagpersons"published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary,pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. Work shall be scheduled so as to minimize disruptions to local mail and freight delivery. The Contractor shall maintain vehicular access to residences able to be used after each shift. 6 SPECIAL PROVISIONS Street closures shall be closures to through traffic with local traffic allowed. Provide channelization, flaggers, or other measures necessary to allow the safe passage of local vehicles to access residences that are within the work zone but not blocked by construction. Notify all residents at least 24 hours in advance of any access restrictions for individual approach or street closures. Schedule work such that individual approach closures last no more than a single shift. The Contractor shall utilize whatever means he deems necessary to allow traffic on driveway curbs and aprons a maximum of 10 days after they are poured unless approval is specifically granted by the homeowner to leave them closed for a longer period of time. The Contractor will be responsible for any cracking or broken sidewalk that may result from use of the driveways. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. b' 17. DISPOSAL,EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils, materials, and slurries 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 1 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. This project is less than 1.0 acres in area and therefore a storm water pollution prevention plan (SWPPP) is not required. The Contractor shall exercise all reasonable precautions throughout the life of the project to prevent pollution or siltation of the city stormwater system, rivers, streams or impoundments. Pollutants such as chemicals,slurries,fuels,lubricants,bitumens,raw sewage,and other harmful wastes shall not be discharged into the city stormwater system or 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 Montana DEQ, 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 Quality IAct and the Montana Stream Preservation Act. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to 7 SPECIAL PROVISIONS 1 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 builder's paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 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. 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 referenced 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 coverage required under this contract shall extend,at a minimum,to the end of the contract time. 26. ABANDONING EXISTING STORM PIPE & INLETS 8 SPECIAL PROVISIONS All existing storm inlets within the project limits shall be removed and disposed of off-site by the CONTRACTOR. Measurement and payment for this shall be incidental to construction. 27. LANDSCAPING RESTORATION CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the ENGINEER. The CONTRACTOR shall be required to stockpile and replace all topsoil and irrigation systems disturbed by construction. Payment for landscaping and landscape restoration shall be made under bid item 112. Disturbed boulevard areas shall be restored with Kentucky Blue Grass seed and topsoil. Any damaged irrigation shall be repaired by the contractor. 35. ENGINEERING MATERIALS TESTING AND CONTROL TESTING A. The Owner shall be responsible for testing including, but not necessarily limited to: base course compaction, asphalt coring and density, concrete slump, air entrainment, and compressive strength. B. Neither tests made by the Owner or the Owner's Testing Company will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. C. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. Acceptance/Correction of Deficient Pavement Improvements Acceptance tests shall be evaluated by the Engineer for conformance with the specifications. The Engineer shall determine what corrective action is necessary in order for the improvements to be accepted by OWNER. Corrective action may include total removal and replacement of the deficient material, partial removal and replacement, placing additional material, or in lieu of corrective action,payment of a penalty to the OWNER in certain instances. A. Portland Cement Concrete If an individual strength test (average of two cylinders tested at 28 days) falls below the specified strength by more than 500 psi, the in-place material represented by the failed test shall immediately be randomly cored for acceptance testing. A minimum of three and maximum of six cores shall be taken. If the average strength tests of the acceptance 1 cores are deficient in strength by more than 500 psi but not more than 1000 psi, the I Contractor shall remove and replace the deficient concrete or pay the City of Bozeman I 9 SPECIAL PROVISIONS i 0.25 times the unit price bid times the area determined to be deficient in strength; if the average strength tests are deficient by more than 1000 psi, the area of the concrete determined to be deficient shall be removed and replaced. B. Asphaltic Concrete Pavement The asphaltic concrete pavement shall be tested and evaluated for acceptance on a lot basis, with one lot being 1000 tons of material. 1. Thickness. If the average thickness of the pavement cores is more than '/4" below the plan thickness, or if any one individual core is more than 1/2"below the plan thickness, corrective action or payment of a penalty will be required. a. Average Thickness Deficiencies. If the average thickness deficiency is between 1/4"and 1/2", corrective action such as placement of additional material (i.e. overlay or chip seal), as determined by the Engineer, will be required. In lieu of placing additional material, the Engineer may allow the payment of a penalty to the City of Bozeman in the amount of 0.25 times the unit price bid of the asphalt pavement times the amount of pavement determined to be deficient. If the average thickness deficiency is more than %2", an overlay will be required, along with cold milling of the existing pavement to provide for a minimum overlay thickness of 1.5". b. Individual Core Thickness Deficiency. If any one core thickness is determined to be more than 1/2"below plan thickness, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which is not deficient by more than 1/4", in order to determine the extent of the deficient pavement. If the thickness deficiency is more than 3/4",the area that is deficient shall be removed from pavement edge to pavement edge and replaced to bring the non-complying areas to planned thickness. If the thickness deficiency is not more than'/4",the deficient area will either be removed and replaced to the planned thickness, or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in thickness. 2.Density. The average density of the pavement cores shall equal or exceed 93%of the maximum density as determined by ASTM D2041 (Rice's density). If the average density is less than 93% but more than 90.9%, the pavement that has deficient compaction shall be milled and overlaid(1.5"minimum depth),or a penalty in the amount of 0.10 times the unit price bid for the pavement material times the amount of pavement that has deficient compaction shall be paid to the City of Bozeman. If the average density is 90.9%or less,the pavement area affected will be removed and replaced or overlaid as determined by the Engineer. If any one core is determined to have a density of less than 86%, additional cores shall be taken at 10 10 SPECIAL PROVISIONS f foot intervals parallel to the centerline in each direction from the affected location until,in each direction, a core is found which has a density of at least 91%.The area that is determined to have deficient compaction shall be removed from pavement edge to pavement edge and replaced,or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is �l deficient in density. 37. USE OF REMOVED ASPHALT PAVEMENT Asphalt concrete pavement removed during trenching operations may be used as backfill material in areas with Type A backfill if mechanically processed to 4"minus size with a cold planer, rotomill, or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt concrete pavement removed during trenching operations may be used as pavement base course material if mechanically processed with a cold planer,rotomill, or similar equipment to meet the gradation requirements of the base course and mixed at no more than a 50/50 ratio with other base course material. 3 8. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS Prior to initiation of any excavation or removal of existing curb,the Contractor shall cut all tree roots at the back limits of excavation with a Vermeer root cutter or other similar machine capable of cutting the roots in a neat clean,fashion from existing ground to subgrade elevation. Indiscriminate ripping of tree roots will not be permitted. The method and equipment to be used shall be submitted to the Engineer for approval prior to the start of work. In addition,the Contractor shall take special care when working around trees to avoid any unnecessary damage to the branches or the trunks of trees. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. a The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 39. USCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS One City Of Bozeman Water/Sewer Operations Dept service worker will be available 7:15 AM till 5:15 PM Monday-Friday with the exception of City recognized holidays for the water and sewer main replacement portion of the work. Work scheduled outside these times with less than 24 hours notice will be billed at 1.5 times the service worker's base pay rate of$ 28.00 per hour. Call outs (emergency response with no notice) will be billed 2 hours double time the base rate. Each Isucceeding hour thereafter 1.5 times the base rate. ` The CONTRACTOR is required to respond to affected property owners within the project and resolve complaints/issues that are raised. If the City is contacted due to non-responsiveness on the l 11 SPECIAL PROVISIONS I part of CONTRACTOR,the City will resolve the issue and charge the CONTRACTOR for its time at the rates provided for in this section. 40. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation,or other natural phenomena. Time extensions will not be granted for rain,wind,flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 42. CONSTRUCTION TRAFFIC ROUTES To the greatest extent possible,the Contractor shall utilize the arterial and collector streets in the area for access to and from the site. This includes general construction traffic in addition to the transport of equipment and materials to and from the site. The streets in the area that meet this designation include; Main Street, South Willson Avenue, South Church Avenue, Kagy Boulevard, Babcock Street,and Rouse Avenue. The Contractor shall receive prior approval from the Engineer in order to use any local residential streets for a short term construction traffic route. 43. CONSTRUCTION STAKING The Contractor will be responsible for all layout and construction staking. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to the Engineer for adjustment before work is performed. The Contractor shall work with the onsite engineer to establish alignment and grade for all proposed work. 44. STORM DRAIN CONNECTIONS Couplings to connect to existing clay storm drain shall be Fernco Strong Back RC Couplings or approved equal,meeting the following specifications" A. Gasket Requirements: CSA B602—mechanical couplings for drain, waste,vent pipe and sewer pipe ASTM D 5926—Standard Specification for Poly Vinyl Chloride (PVC) Gaskets for Drain, Waste, and Vent(DWV), Sewer, Sanitary, and Strom Plumbing Systems ASTM C 1173 —Standard Specification for Flexible Transition Couplings for Underground 12 SPECIAL PROVISIONS B. Clamp Requirements: k CSA B602 Clamp Housing—301 Stainless Steel Clamp Band- 301 Stainless Steel Clamp Screw- 305 Stainless Steel C. Shear Ring Requirements" .012"Thick, 300 Series Stainless Steel K Width manufactured according to coupling width (1.5", 2.13", or 4") d D. Coupling Requirements: Manufactured to conform to the performance requirements of ASTM C 1173 standard specification for flexible couplings for underground piping systems CSA B602— i mechanical couplings for drain, waste, vent pipe and sewer pipe Maximum test pressure: 4.3 PSI(29.6 KPA) it Maximum operating temperature: 104'F nonconsistent 45. CONCRETE ADDITIVE y The contractor shall supply MasterPel 240 water repellant concrete additive or approved equal to all structural cast in place concrete installed on this project. Specifications for this additive are included on the following page. I I 1 1 l J I 13 SPECIAL PROVISIONS 1 1 3 MASTERO 0 m BASF 4 03 40 00 Precast Concrete 04 22 00 Concrete Unit Masonry SOLUTIONS I 32 32 23 Segmental Retaining Walls MasterPel® 240 Water-Repellent and Efflorescence Control Admixture Description Features MasterPel 240 multi- Masonry purpose admixture is ■ Unique formulation used in a variety of water- ■ Part of block producer water-repellency certification program 'I repellent and efflorescence ■ Contains components that enhance color and reduce efflorescence potential i control applications.This ■ Provides improved material flow and extrusion characteristics unique formula is based on a novel silane chemistry Concrete that is different from that of ■ Reduces capillary absorption conventional water-repellent admixtures in the concrete Benefits industry. ■ Superior water repellency versus conventional water-repellent admixtures MasterPel 240 admixture ■ Significantly reduces secondary efflorescence(improves primary efflorescence control) also exhibits excellent wind- ■ Improves color vibrancy and pigment efficiency driven rain resistance and ■ Increases compressive and flexural strengths has achieved the highest ■ Increases production rate rating per ASTM E 514. ■ Adds visual appeal MasterPel 240 admixture meets ASTM C 494/C Guidelines for Use 494M requirements for Type S, Specific Performance, Dosage: Use MasterPel 240 admixture at a dosage in the range of 1-5 fl oz/cwt admixtures. (65-325 mIJ100 kg)of cementitious materials depending on the desired benefits. Efflorescense Control:Typically 1-5 fl oz/cwt(65-325 mV100 I(g)of cementitious materials. Applications Water Repellency - Masonry: Typically 2-5 oz/cwt (130-325 m V 100 kg) of cementitious Recommended for use in: materials. ■ Architectural blocks Water Repellency- Concrete: Typically 4-5 fl oz/cwt (260-325 mV100 kg) of cementitious materials. ■ ng masonry construction Optimum water repellency dosage rates are determined through mix evaluation and testing c procedures. Please consult with your local sales representative if dosages outside of the ■ Paving stones listed ranges are being considered. ■ Segmental retaining To further improve the color efficiency and strength performance,the addition of a MasterPel wall units high-performance plasticizing admixture is recommended. ■ Concrete roof tiles Mixing: For maximum efficiency, add MasterPel 240 admixture after wetting of aggregates I ■ Precast/prestressed and cement, and after at least 75%of the final mix water has been added.Allow at least 90 seconds of additional mix time after MasterPel 240 admixture has been dispensed. concrete Ready-Mixed Concrete Ipace I of 3 Mastet'Pel 240 Technical Data Sheet Product Notes Storage and Handling Design and Construction Considerations:Design and construction Storage Temperature: MasterPel 240 admixture must be stored details must observe all applicable design codes,incorporating at temperatures above 40 IF(4°C)and below 105 IF(42 IC). the recommendations of NCMA TEK 10-1A: Crack Control MasterPel 240 admixture should not be used after it freezes. in Concrete Masonry Walls; TEK 19-1: Water Repellents Shelf Life: When properly stored, MasterPel 240 admixture for Concrete Masonry Walls; TEK 19-2A: Design for Dry- has a shelf life of 12 months. Please contact your local Single-Wythe Concrete Masonry Walls; TEK 19-4A: Flashing sales representative regarding suitability for use and dosage Strategies for Concrete Masonry Walls; TEK 19-5A: Flashing recommendations if the shelf life of MasterPel 240 admixture Details for Concrete Masonry Walls. has been exceeded. Note:MasterPel admixture must be used in the masonry mortar in order to produce a moisture penetration-resistant wall system. Failure to do Recirculation: Proper recirculation is required to maintain so will result in compromised water repellency of the masonry structure. the integrity of the products. A low pressure pump is Consult your local sales representative for applicable design details and recommended for recirculation. Do not use pressurized air to specifications, recirculate. Please consult your local sales representative for MasterPel 240 admixture will not compensate for flaws additional information on recirculation. in building design, materials, mix proportions, improper production procedures or improper construction methods. Packaging BASF Construction Chemicals is not responsible for MasterPel 240 admixture is available in 55 gal (208 L) drums inappropriate use of MasterPel 240 admixture. and 275 gal (1040 Q totes. Proper block manufacturing methods, proper masonry mortar proportioning and mixing and proper use of MasterPel 240 Related Documents admixture must be followed. Raked joints should not be permitted for water-repellent admixture system masonry Safety Data Sheets: MasterPel 240 admixture projects. Remove excess mortar promptly and clean any residue using procedures recommended in NCMA TEK 8-2: Removal of Stains from Concrete Masonry. BASF Corporation www.master-builders-solutions.basf.us pwie 2 rf 3 MasterPel 240 Ier r 'r Data Sheet �h�ii�af Additional Information Limited Warranty Notice For additional information on MasterPel 240 admixture,consult BASF warrants this product to be free from manufacturing your local sales representative. defects and to meet the technical properties on the current The Admixture Systems business of BASF's Construction Technical Data Guide, if used as directed within shelf life. Chemicals division is the leading provider of solutions that Satisfactory results depend not only on quality products but improve placement, pumping, finishing, appearance and also upon many factors beyond our control. BASF MAKES performance characteristics of specialty concrete used in NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR the ready-mixed,precast,manufactured concrete products, IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT underground construction and paving markets. For over TO ITS PRODUCTS. The sole and exclusive remedy of 100 years we have offered reliable products and innovative Purchaser for any claim concerning this product, including but technologies, and through the Master Builders Solutions brand, we are connected globally with experts from many not limited to, claims alleging breach of warranty, negligence, fields to provide sustainable solutions for the construction strict liability or otherwise, is shipment to purchaser of product industry. equal to the amount of product that fails to meet this warranty or refund of the original purchase price of product that afails to meet this warranty, at the sole option of BASF. Any claims concerning this product must be received in writing within one (1) year from the date of shipment and any claims not presented within that period are waived by Purchaser. BASF WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL,CONSEQUENTIAL(INCLUDING LOST PROFITS) OR PUNITIVE DAMAGES OF ANY KIND. CPurchaser must determine the suitability of the products for the intended use and assumes all risks and liabilities in connection therewith. This information and all further technical advice are based on BASF's present knowledge and experience. However, BASF assumes no liability for providing such information and advice including the extent to which such information and I advice may relate to existing third party intellectual property rights, especially patent rights, nor shall any legal relationship be created by or arise from the provision of such information and advice. BASF reserves the right to make any changes according to technological progress or further developments. The Purchaser of the Product(s) must test the product(s) for suitability for the intended application and purpose before I proceeding with a full application of the product(s). Performance of the product described herein should be verified by testing and carried out by qualified experts. I I I ®BASF Corporation 2019 07!19 DAT-0092 Wited States !mach BASF Corporation 23700 Chagrin Boulevard 1800 Clarlc Boulevard IS' i Cleveland,Ohio 44122-5544 Brampton,Ontario L6l 4M7 Iwww.master-builders-solutions.basf.us Tel:800 628-9990 Fax:216 839-8821 Tel:800 387-5862 Fax:905 792-0651 Page J ; 3 i i I i ' � , � � � . I , I r i i . i I i � � l � i i I I BASF We create chemistry Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 1/9 Version: 6.2 (30606545/SDS GEN US/EN) 1. Identification Product identifier used on the label MasterPel 240 Recommended use of the chemical and restriction on use Recommended use*: for industrial and professional users The"Recommended use"identified for this product is provided solely to comply with a Federal requirement and is not part of the seller's published specification.The terms of this Safety Data Sheet(SDS)do not create or infer any warranty,express or implied, including by incorporation into or reference in the seller's sales agreement. Details of the supplier of the safety data sheet Company: BASF CORPORATION 100 Park Avenue Florham Park, NJ 07932, USA Telephone: +1 973 245-6000 Emergency telephone number C H E M TR EC: 1-800-424-9300 BASF HOTLINE: 1-800-832-HELP (4357) Other means of identification Chemical family: sealant l 2. Hazards Identification According to Regulation 2012 OSHA Hazard Communication Standard; 29 CFR Part 1910.1200 Classification of the product Skin Corr./Irrit. 2 Skin corrosion/irritation Label elements Picto ram: Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 2/9 Version: 6.2 (30606545/SDS GEN US/EN) Signal Word: Warning Hazard Statement: H315 Causes skin irritation. Precautionary Statements (Prevention): P280 Wear protective gloves. P264 Wash with plenty of water and soap thoroughly after handling. Precautionary Statements (Response): P303 + P352 IF ON SKIN (or hair): Wash with plenty of soap and water. P332 + P313 If skin irritation occurs: Get medical advice/attention. P362 + P364 Take off contaminated clothing and wash it before reuse. Hazards not otherwise classified If applicable information is provided in this section on other hazards which do not result in classification but which may contribute to the overall hazards of the substance or mixture. Labeling of special preparations (GHS): Product contains the following components and may cause an allergic skin reaction: mixture of: 5- chloro-2-methyl-2H-isothiazol-3-one and 2-methyl-2H-isothiazol-3-one (3:1) The substance may cause sensitization of the skin in particularly sensitive individuals. Based on our experience and the information available, no adverse health effects are expected if handled as recommended with suitable precautions for designated uses. 3. Composition / Information on Ingredients According to Regulation 2012 OSHA Hazard Communication Standard; 29 CFR Part 1910 1200 CAS Number Weight% Chemical name 2943-75-1 >= 20.0 - <= 50.0% Triethoxycaprylylsilane 55965-84-9 >= 0.0 - < 0.01% mixture of: 5-chloro-2-methyl-2H-isothiazol-3-one and 2- methyl-2H-isothiazol-3-one (3:1) 4. First-Aid Measures Description of first aid measures General advice: First aid personnel should pay attention to their own safety. Immediately remove contaminated clothing. If inhaled: If difficulties occur after vapour/aerosol has been inhaled, remove to fresh air and seek medical attention. If on skin: After contact with skin, wash immediately with plenty of water and soap. Under no circumstances should organic solvent be used. If irritation develops, seek medical attention. Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 3/9 Version: 6.2 (30606545/SDS GEN US/EN) If in eyes: Wash affected eyes for at least 15 minutes under running water with eyelids held open, consult an eye specialist. If swallowed: Rinse mouth immediately and then drink plenty of water, seek medical attention. Do not induce vomiting. Most important symptoms and effects, both acute and delayed Symptoms: The most important known symptoms and effects are described in the labelling (see section 2) and/or in section 11. Indication of any immediate medical attention and special treatment needed Note to physician Treatment: Treat according to symptoms (decontamination, vital functions), no known specific antidote. 5. Fire-Fighting Measures Extinguishing media Suitable extinguishing media: foam, water spray, dry powder, carbon dioxide Unsuitable extinguishing media for safety reasons: water jet Special hazards arising from the substance or mixture Hazards during fire-fighting: carbon dioxide, carbon monoxide, harmful vapours, nitrogen oxides, fumes/smoke, carbon black i Advice for fire-fighters I Protective equipment for fire-fighting: Wear a self-contained breathing apparatus. Further information: The degree of risk is governed by the burning substance and the fire conditions. If exposed to fire, keep containers cool by spraying with water. Collect contaminated extinguishing water separately, do not allow to reach sewage or effluent systems. Contaminated extinguishing water must be disposed { of in accordance with official regulations. 6. Accidental release measures Personal precautions, protective equipment and emergency procedures Do not breathe vapour/aerosol/spray mists. Wear eye/face protection. If exposed to high vapour concentration, leave area immediately. Use personal protective clothing. Handle in accordance with good building materials hygiene and safety practice. JEnvironmental precautions Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 4/9 Version: 6.2 (30606545/SDS GENUS/EN) Contain contaminated water/firefighting water. Do not discharge into drains/surface waters/groundwater. Methods and material for containment and cleaning up For small amounts: Pick up with inert absorbent material (e.g. sand, earth etc.). Dispose of contaminated material as prescribed. For large amounts: Pump off product. 7. Handling and Storage Precautions for safe handling Avoid aerosol formation. Avoid inhalation of mists/vapours. Avoid skin contact. No special measures necessary provided product is used correctly. Conditions for safe storage, including any incompatibilities No applicable information available. Suitable materials for containers: High density polyethylene (HDPE) Further information on storage conditions: Keep only in the original container in a cool, dry, well- ventilated place away from ignition sources, heat or flame. Protect from direct sunlight. Protect from temperatures below: 5 °C The packed product must be protected from temperatures below the indicated one. Protect from temperatures below: 40 °F The packed product must be protected from temperatures below the indicated one. 8. Exposure Controls/Personal Protection No occupational exposure limits known. Personal protective equipment Respiratory protection: Wear respiratory protection if ventilation is inadequate. Hand protection: Wear chemical resistant protective gloves., Manufacturer's directions for use should be observed because of great diversity of types. Eye protection: Safety glasses with side-shields. Body protection: light protective clothing General safety and hygiene measures: Do not inhale gases/vapours/aerosols. Avoid contact with the skin, eyes and clothing. Avoid exposure -obtain special instructions before use. Handle in accordance with good building materials hygiene and safety practice. Wearing of closed work clothing is recommended. When using, do not eat, drink or smoke. Hands and/or face should be washed before breaks and at the end of the shift. At the end of the shift the skin should be cleaned and skin-care agents applied. Gloves must be inspected regularly and prior to each use. Replace if necessary (e.g. pinhole leaks). Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 5/9 Version: 6.2 (30606545/SDS_GEN_US/EN) 9. Physical and Chemical Properties Form: liquid Odour: mild, alcohol-like Odour threshold: No applicable information available. Colour: off-white pH value: 7- 8 Melting temperature: The product has not been tested. Boiling point: 208 OF Sublimation point: No applicable information available. Flash point: No flash point- Measurement made up to the boiling point. Flammability of Aerosol not applicable, the product does not Products: form flammable aerosoles Autoignition: Study does not need to be conducted. Vapour pressure: The product has not been tested. Density: 0.99 g/cm3 ( 20 °C) Relative density: No applicable information available. Vapour density: Heavier than air. Partitioning coefficient n- not applicable for mixtures octanol/water(log Pow): Thermal decomposition: No decomposition if stored and handled as prescribed/indicated. Viscosity, dynamic: not determined Viscosity, kinematic: No applicable information available. Solubility in water: ( 20 °C) soluble Solubility (quantitative): No applicable information available. Solubility (qualitative): No applicable information available. Evaporation rate: not determined 10. Stability and Reactivity Reactivity No hazardous reactions if stored and handled as prescribed/indicated. Oxidizing properties: Based on its structural properties the product is not classified as oxidizing. Chemical stability The product is stable if stored and handled as prescribed/indicated. Possibility of hazardous reactions The product is stable if stored and handled as prescribed/indicated. Conditions to avoid See MSDS section 7 - Handling and storage. Incompatible materials strong acids, strong bases, strong oxidizing agents, strong reducing agents Hazardous decomposition products Decomposition products: No hazardous decomposition products if stored and handled as prescribed/indicated. Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 6/9 Version: 6.2 (30606545/SDS GEN US/EN) Thermal decomposition: No decomposition if stored and handled as prescribed/indicated. 11. Toxicological information Primary routes of exposure Routes of entry for solids and liquids are ingestion and inhalation, but may include eye or skin contact. Routes of entry for gases include inhalation and eye contact. Skin contact may be a route of entry for liquefied gases. Acute Toxicity/Effects Acute toxicity Assessment of acute toxicity: Virtually nontoxic after a single ingestion. Based on available Data, the classification criteria are not met. Inhalation No applicable information available. Dermal No applicable information available. Assessment other acute effects No applicable information available. Irritation/corrosion Assessment of irritating effects: Skin contact causes irritation. Sensitization Assessment of sensitization: The product contains a mixture of: 5-chloro-2-methyl-4-isothiazolin-3- one and 2-methyl-4-isothiazolin-3-one (3:1) (CAS-No.:55965-84-9). The substance may cause sensitization of the skin in particularly sensitive individuals. Based on our experience and the information available, no adverse health effects are expected if handled as recommended with suitable precautions for designated uses. Aspiration Hazard No aspiration hazard expected. Chronic Toxicity/Effects Repeated dose toxicity Assessment of repeated dose toxicity: No reliable data was available concerning repeated dose toxicity. Based on available Data, the classification criteria are not met. Genetic toxicity Assessment of mutagenicity: The chemical structure does not suggest a specific alert for such an effect. Based on available Data, the classification criteria are not met. Carcinogenicity Assessment of carcinogenicity: The chemical structure does not suggest a specific alert for such an effect. Based on available Data, the classification criteria are not met. Reproductive toxicity Assessment of reproduction toxicity: The chemical structure does not suggest a specific alert for such an effect. Based on available Data, the classification criteria are not met. Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 7/9 Version: 6.2 (30606545/SDS_GEN_US/EN) Teratogenicity Assessment of teratogenicity: The chemical structure does not suggest a specific alert for such an effect. Based on available Data, the classification criteria are not met. Other Information Based on our experience and the information available, no adverse health effects are expected if handled as recommended with suitable precautions for designated uses. The product has not been tested. The statements on toxicology have been derived from the properties of the individual components. Symptoms of Exposure The most important known symptoms and effects are described in the labelling (see section 2) and/or in section 11. 12. Ecological Information Toxicity Aquatic toxicity Assessment of aquatic toxicity: Based on available Data, the classification criteria are not met. There is a high probability that the product is not acutely harmful to aquatic organisms. Persistence and degradability Assessment biodegradation and elimination (H2O) Inherently biodegradable. The insoluble fraction can be removed by mechanical means in suitable waste water treatment plants. The polymer component of the product is poorly biodegradable. Bioaccumulative potential Assessment bioaccumulation potential Discharge into the environment must be avoided. Mobility in soil Assessment transport between environmental compartments No data available. Additional information Other ecotoxicological advice: Do not discharge product into the environment without control. The product has not been tested. The statements on ecotoxicology have been derived from the properties of the individual components. 13. Disposal considerations Waste disposal of substance: Dispose of in accordance with national, state and local regulations. Residues should be disposed of in the same manner as the substance/product. Do not discharge into drains/surface Iwaters/groundwater. Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 8/9 Version: 6.2 (30606545/SDS GEN US/EN) Container disposal: Contaminated packaging should be emptied as far as possible; then it can be passed on for recycling after being thoroughly cleaned. 14. Transport Information Land transport USDOT Not classified as a dangerous good under transport regulations Sea transport IMDG Not classified as a dangerous good under transport regulations Air transport IATA/ICAO Not classified as a dangerous good under transport regulations 15. Regulatory Information Federal Regulations Registration status: Chemical TSCA, US released/ listed EPCRA 311/312 (Hazard categories): Refer to SDS section 2 for GHS hazard classes applicable for this product. Safe Drinking Water& Toxic Enforcement Act, CA Prop. 65: WARNING: This product can expose you to chemicals including ETHANOL IN ALCOHOLIC BEVERAGES, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov. NFPA Hazard codes: Health: 2 Fire: 0 Reactivity: 0 Special: 16. Other Information SDS Prepared by: BASF NA Product Regulations SDS Prepared on: 2018/08/16 We support worldwide Responsible Care®initiatives. We value the health and safety of our employees, customers, suppliers and neighbors, and the protection of the environment. Our commitment to Responsible Care is integral to conducting our business and operating our facilities in a safe and environmentally responsible fashion, supporting our customers and suppliers in ensuring the safe and environmentally sound handling of our products, and minimizing the impact of our Safety Data Sheet MasterPel 240 Revision date : 2018/08/16 Page: 9/9 Version: 6.2 (30606545/SDS_GEN_US/EN) operations on society and the environment during production, storage, transport, use and disposal of our products. IMPORTANT: WHILE THE DESCRIPTIONS, DESIGNS, DATA AND INFORMATION CONTAINED HEREIN ARE PRESENTED IN GOOD FAITH AND BELIEVED TO BE ACCURATE , IT IS PROVIDED FOR YOUR GUIDANCE ONLY. BECAUSE MANY FACTORS MAY AFFECT PROCESSING OR APPLICATION/USE, WE RECOMMEND THAT YOU MAKE TESTS TO DETERMINE THE SUITABILITY OF A PRODUCT FOR YOUR PARTICULAR PURPOSE PRIOR TO USE. NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE REGARDING PRODUCTS DESCRIBED OR DESIGNS, DATA OR INFORMATION SET FORTH, OR THAT THE PRODUCTS, DESIGNS, DATA OR INFORMATION MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. IN NO CASE SHALL THE DESCRIPTIONS, INFORMATION, DATA OR DESIGNS PROVIDED BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE. FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DESCRIPTIONS, DESIGNS, DATA, AND INFORMATION FURNISHED BY OUR COMPANY HEREUNDER ARE GIVEN GRATIS AND WE ASSUME NO OBLIGATION OR LIABILITY FOR THE DESCRIPTION, DESIGNS, DATA AND INFORMATION GIVEN OR RESULTS OBTAINED, ALL SUCH BEING GIVEN AND ACCEPTED AT YOUR RISK. END OF DATA SHEET 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 p quantity overruns. 4 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. Storm water pollution prevention shall be included as an item required under the contract and incidental to construction. Item 101: (Taxes,Bonds,Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent(5%),if any,payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102: (Mobilization)Fifty percent(50%)to be paid on the first progress estimate when mobilizing to begin construction,and fifty percent(50%)to be paid following substantial completion and acceptance of the work. Item 103:(Unclassified Excavation Above Subgrade)Measurement and payment shall be by the square footage of excavation. Unclassified excavation shall include:removal and disposal of existing concrete curb,concrete pedestrian ramps,concrete drive approaches,asphalt,base course materials,top soil,and vegetation as required to complete the work as specified in the contract drawings. No additional compensation will be made for additional depth of excavation as maybe required to complete the work. This item shall include all costs incidental to this item, including but not limited to: saw cutting, pulverizing, loading demolished and excavated materials, and disposal of these materials. This item does not include concrete valley gutter work. Excavation for the concrete valley gutter shall be included under bid item#109. Item 104:(6"Thick Concrete)This item shall include:concrete sidewalk,concrete drive approaches and concrete pedestrian ramps (6" Depth))Measurement and payment shall be as per MPWSS Sections 02529 4.3, and 4.4. Payment shall be inclusive of excavation,placing 1"minus crushed base material, and backfill. This item does not include concrete valley gutter work. Item 105: (ADA Detectable Warning Panel)Measurement and payment shall be by the square foot(SF) I at the unit bid price and shall be full compensation for furnishing and installing detectable warning panels in accordance with the manufacturer's recommendations. Item 106: (Concrete Curb and Gutter)Measurement and payment shall be by the lineal foot of curb and 1 MEASUREMENT AND PAYMENT l gutter installed per the contract drawings. Payment shall include full compensation for placing and grading the base course and installation of the concrete curb and gutter including all items incidental to construction. Item 107: (3"Thickness of Asphalt Concrete Pavement,Type B) Measurement and payment shall be as per MPWSS Section 02510 4.2. Payment shall also include placing and grading base course as necessary to complete this work item. Item 108: (Standard Strom Drain Inlet) Measurement and payment shall be as per MPWSS Section 02720 4.4.A. Payment for this item shall also include saw cutting or core drilling penetrations in the structure as necessary to connect to the existing storm drain system,installation of storm drain pipe and couplers, and grouting or spray foaming between the pipe and the penetration. Item 109: (Valley Gutter Demo Work) Measurement and payment will be on a square footage basis. Payment shall include full compensation for saw cutting,removing and disposing of existing asphalt and base course materials as shown in the contract drawings. Item 110: (Concrete Valley Gutter) Measurement and payment will be on a square footage basis. Payment shall include full compensation for preparing the substrate for concrete placement, doweling rebar into existing curb, pouring and finishing the concrete valley gutter as shown on sheet C5 of the contract drawings. Item 111: (Traffic Control) Measurement and payment shall be as per MPWSS Section 01570-4.1. Item 112: (Boulevard Restoration) Measurement shall be made on a lump sum basis. Payment at the contract unit price shall constitute full compensation for all topsoil placement and seeding as described in the special provisions as necessary to restore disturbed boulevard areas. The work shall include providing topsoil, site preparation, seed, fertilizer, related materials, labor, tools, equipment, and incidentals necessary to complete the item. Item 113: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only,which may be adjusted up or down by the Engineer in accordance with the needs of the project. 2 MEASUREMENT AND PAYMENT E CD I ov End � cu o rn � v Lit O ? f � ! rt�o o aii t o ti u � t� `- WW ! vca � En cp �. 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MAY ONLY BE USED IF A PARALLEL /SIDEWALK EXISTS ON THE OTHER / SIDE OF THE ROADWAY. 51DEWALK LkCLOSED / 24"X18" IRS-1 1(R/ SIDEWALK CLOSED AHEAD -� CROSS HERE 30"X24" l 1 SIGN WORK SITE TRAFFIC DRUBS OR CONE CITY 4F BOZEMAN SCALE. PEDESTRIAN TRAFFIC CONTROL 01570-7 NONE CONTROL FOR TEMPORARY FEB 2007 STANDARD DRAWING p` SIDEWALK CLOSURE l I I i � I R9-9 SIDEWALK F..¢,-' \ `�`'� CLOSED TEMPORARY ACCESS RAMP ADEQUATELY ( _ SUPPORTED FENCING FENCING EIDEWA i MUST MAINTAIN 4' CLEAR AREA R9-9 BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF FENCING AS SHOWN MAY USED OBSTRUCTIONS FOR SHORT TERM (LESS THAN APPROPRIATE TRAFFIC 30 DAYS) INSTALLATION. MORE CONTROL PLAN MUST BE PERMANENT STRUCTURES WILL BE i USED FOR LANE CLOSURES REQUIRED FOR LONGER TERM. A CDVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) i i CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570-8 STANDARD DRAWING NONE DEATH FEB 2007 I I I smEes s�lasfcNc rr�_••-_ ."l:i"i.�rl=t'k��`lz i. �O� £L-,.'.�. •�iir`r_tit_ Y�q; ' I Nar Yx A9'!W i CCWP,."lID VASE •._ -i :,,<. ._ , ADA)U-T.4 .VtO SLlCRlCE RINGS AS NECESSW tz'uw.-tz'ua,j i I NOTES: 1,Adjust manholes upward with adjusting rings under fame. 2.Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade. 3.Slope manhole fame as required to mathch slope of street. 4.Final manhole adjustment shall be made before paving. 5.All joints between manhole sections,top cone,adjusting rings,and manhole ring shall be watertight. Joint material shall be"Ram Nek"or approved equal 6.Manhole ring and cover steal be adjusted to match final crown and grade of street.Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required I eagle. I 7.Manhole ring and cover:use MCI 305 frame,305A cover,IFCO 772 faase, 772 B cover,or Deeter 1025,or D&L A 1172 with 1"cover. I CITY OF BOZEMAN Scale: MANHOLE ADJUSTMENT NO. 02213-1 STANDARD DRAWING None DETAIL Rev.April 2005 f i TOP Or NEW PAVEMENT B' MIN., 1 4" M.4X. Non � -,:���• �/ -cep i COMPACTED EASE do SUBMADE—� f NOTES: t. Adjust water valves upward or downward as required. Final adjustment shall be made after paving and before seal coating. 2. Model No. 59 9550 series. East Jordon Iron works adjustable screw—type risers may be used to raise or I adjust existing valve boxes only. ` 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT NO. 02213-2 STANDARD DRAWING NONE DETAIL Feb. 2004 7_-. - - - NOTE-- WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIMUM OF 12' (30cm) FROM THE EDGE OF THE TRENCH OPENING_ WHERE NEAT LINE IS LESS THAN 3' (D.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TO O.S.H.A. REGULATIONS* f }-12`(30 cm} MIN. `1 I+I SUBGRADE OR GROUND I /r SURFACE INSTALL DETECTABLE SLOPING, BENCHING OR WARNING TAPE 18"(45cm) SUPPORT SYSTEMS IN THIS BACKSL0PE AS SPECIFIED MAX. DEPTH AREA TO CONFORM TO ( TO CONFORM TO O.S.H.A. (OPTIONAL) O.S_H.A. REGULATIONS* REGULATIONS4 `ram. TYPE 'A',8 OR 'C" 6"(15cm) \� TRENCH BACKFILL \' �j i �— SELECT TYPE I BEDDING MATERIAL PLACED IN 6"15cm LAYERS & TYPE I PIPE BEDDING COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX. IN SECTION 02221. LAYERS AND COMPACTED -'c .c, 4'(l0cm) THOROUGHLY. ` fr TRENCH MIDTH=O.D.OF PIPE PLUS 2'(60em) j \/ �\ MIN. TRENCH WIDTH= 3.5(1.1m) TYPE 2 PIPE BEDDING WHERE REQUIRED FOR SOFT OR UNSTABLE {\�\\��' \'•.`\\,/\� FOUNDATION NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES * SEE O.S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS. REVISED: 10/25j02 CITY OF BILLINGS SCALE: STANDARD DRAWING TYPICAL UTILITY TRENCH DETAILS STANDARD SPECIFICATIONS NONE NO. 02221-1 } 5.4" (0.45') 1 L4' 4 i_ 9' -- I 2„ 4,. TOPSOIL° 7.3R /(TYP.) - 4"R 5„ TO PER 1" SLOPE ° 41 a d q 6' I I 7.5Yz d C C O O O O J O _ O O C O O O CRUSHED GRAVEL 0 0 0 0G 00 O O O O O O L� O O O O O i J BASE - 3" MIN. O OOOOJ000 `� OG00 O O C O O O 0 0 0 O O O 0 O O O G O O O O O O O O O O O G i i j SUB—BASE COURSE AS REQUIRED COMPACTED SUBGRADE I 1.5' PER 1' SLOPE —_d_3 4- PER V SLOPE 1 2` PER 1' SLOPE 4 I _ DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CURB i fI NOTES: 1. Subgrode or base course compaction shall conform to section 02230 (M.P.W. Specs., 1996 ed.) 2. Contraction joints shall be placed at 10' intervals and shall have a minimum depth of 3/4" and minimum width of 1/8". 3. 1/2" expansion joint moterial shall be placed at all P.C.s, P.T.s, curb returns and at not more than 300' intervals. The expansion material shall extend through the full depth of the curb and gutter. 4, No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the gravel base. CITY OF BOZEMAN SCALE. INTEGRAL CONCRETE NO. 02528--1 STANDARD DRAWING NONE CURB & GUTTER Revised Mar. 2006 f G L� W t<j C: s e CJ \ t $ na � ! 01 1 1 / a1` 4F— °2 m ffi ua I c3 Li < Z letzx m s � L 4 / Y m �a. S � l � 1 BACK OF CURB PT a q i B i I / f 1 (TYP.) DOWEL WITH 24` NO.5 qa, E�(PANSION REBAR 3" IyTUCl_BACK_ e . JOINTS OF CURB, 3 EAR ° N �' C Y �- 2% VAX. A, fir 5'°X 51° xq Y a SIDEWALKIM 1-20 MAX. , 5' SIDEWALK (TYF.) ' ... IANPING K F_y ° 24 Mir. n a a ..... ". .A A+ SCALE: I" =5 ji DOWEL 5 I/2 BLVD. (TYP.) IL / 6" THICK f CONCRETE SURFACE — RAMPS TO BE CONSTRUCTED WITH DETECTABLE EXPANSION— Flow line WARNING SURFACES COMPLYING WITH ADAAG COVERING THE ENTIRE WIDTH OF THE RAMPS. ONE COfjIVER OF THE DETECTABLE WARNING MUST BE WM 8 OF CUTER FLOW LINE; NO OTHER POINT i ON THE LEADING EDGE OF THE DETECTABLE WARNING STORM DRAIN INLET MAY BE MORE THAN 5' FROM THE FLOW LINE. (TYPICAL LOCATIODJ) REINFORCE CONCRETE IN RAMPS WITH FIBERMESH'AT A RATE IF 1 1/2 lbs./CY. OR WITH 6x6x10 GAUGE WIRE MESH 12" 5'-0" � � 12" TOP OF CURB I I TRANSITION TO NORMAL SIDFWALK ELEVATION. DISTANCE VARIES. SIDEWALK 5' SIDEWALK 5 5„ NO LIP LANDING / FLOW LINE 5.5' VARIES - / SECTION B-B NO LIP 9.5 L NO SCALE • - 6" CUB SECMN 2 1/2-DEPRESSED 6" 'i CONCRETE — 3" G VEL BASE (TCP.) SIDEWALK LANDING I RAMP SECTION A-A NO SCALE SECTION C-C CONSTRUCTION NOTES: NO SCALE 1. Stondord applies to new construction, with max. curb R=15', and min. 5.5' boulevards. 2. Romp and curb can be poured monolithically. 3. Storm drain inlets shall be constructed "upstream" of romps. Alternative locations permitted only upon City Engineer's approval. 4. Ramp Width shall be 5' minimum. 5. Sidewalk cross—slopes shall not exceed 2i. BOULEVARD SIDEWALK NO, 02529-8 CITY OF BOZEMAN SCALE: PERPENDICULAR STANDARD DRAWING AS SHOWN PEDESTRIAN RAMP NOV. 1995 (15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006 I USE BLENDED TRANSITION RAMP WHERE � LIId]TATTONS DUE TO BOULEVARD WIDTY4 RIGUr-OF-WAY,CURB RADIUS,OR RUERSEMON ANGLE PREVENT THE USE OF STANDARD RAMPS PER / COX STANDARD DRAWING 02529-8 DETECTABLE WARNING TO BE A MINIMUM OF 4' WIDE,CENTERED ON THE CROSSWALK M IDPANSM JORtr 1:12 MAX XXX Dmp Club j N smawau ® Curb Transition 2%MAX i / MANSION tJ rousr LENUMASREQUUMTOMAMH STANDARD SIDWALLURADE U R I { L R-p No 14 S'Mn 4 Varier �E Sidewalk 2%m" ll - _ - 3"Gmvd Bane(2y;L) 4"Conaft 6"Cooade Reiofatood widiL I S bL Fibamoth X.Y.or 6s6zI0 Gmp Wits Mash 3&TIIOSNA A Not b Sods CITY OF BOZEMAN SCALE: BLENDED TRANSITION NO. 02529-8A STANDARD DRAWING NOT TO SCALE PEDESTRIAN RAMP APRIL 2006 SIDEWALK DQULE'fARD +� �'TYP 'VARIES- PROPERTY I-�- �- IN 1_ EE 3" MIN GRAVEL BASE I r4" THICK M-4000 CONCRETE MAINTAIN SECTION (3 PROPER SIDE.YARO SETBACK PER ZONING REGULATIONS TRANSITION SECTION FROM EXISTING CURB TO DROP CURB: 3" M ., .i MAX. '-EXPANSION JOINTS COMPLETELY AROUND SIDEWALK SECTION DRIVEWAY THROAT WIDTH 24' IAAX. CURB d- APRON POURED MONOLITHIC UNLESS OTHERWISE APPROVED �—CONTRACTION JOINT EXPANSION JOINTS AT CURB RETURNS w BACK OF CURB SIDEWALK CONTRACTION JOINTS SPACED AT 5' INTERVALS — MIN. FLOW LINE DEPTH 1". EXPANSION JOINTS TO BE PLACED AT 2.5' � I — EDGE OF GUTTER INIERVALS, a VARIABLE (5.5' TYP.) CONTRACTION JOINS TO BE SPACED 5' AT 10' INTERVALS IN CURB do CUTTER EXPANSION JOINT MATERIAL SHALL BE 1/2" THICK PRE—FORMED BITUMINOUS TREATED FIBERBOARD FILLER. ALL CURB REPLACEMENT SHALL BE DONE WITH INTEGRAL CURB AND GUTTER UNLESS OTHERWISE APPROVED. GRADE ESTABLISHED AS 1/4" RISE PER FOOT FROM TOP OF ADJACENT FULL HEIGHT CURB �QR MATCH EXISTING SIDEWALK GRADE SIDEWALKDDRIVEWAY1' S` TYP.— 5.5' TYF.(VARIES) 1/4" PER FOOT SLOPE STREET SURFACE Lu — z .O .O O ..0, •f •Qbi a 0 WASHED ROCK 0- CURB & GUTTER 3" MIN. MIN. 6" THICK M-4000 CONCRETE * OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH SECTION A CITY OF BOZEMAN SCALE: RESIDENTIAL NO. 02529- 1 1 STANDARD DRAWING NONE DRIVE AY WALK DETAILS DEC 2003 INLET CASTING NEENAH R-3067—L, 4' MINIMUM, EJIW 7030, OR 7" MAX IMUlA� DEFTER 2047L, OR OPENING D & L 1-3517 /'8" SMOOTH ROD f — CENTERED OPENING I (EXCEPT FOR EJiN' 7030) � I FLAT TOP 6"j —24' SQUARE 1 + OPENING I ' K � d 36" R.C.P. — ASTM C-76 d CLASS 2 I M I ' uj _BLOCK OUT FOR c ` INLET PIPE ' ! 6 i i a 9" SUMP 6" PRECAST BASE -- 44" O.D. CITY OF BOZEMAN SCALE: 36" STANDARD NO. 02720- 1 STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003 Rev. March 2006 ----- 5'- _ -- -- INLET CASTING NEENAH R-3067-L, EJIW 7030, OR DEETER 2047L, OR i D & i- 1-3517 TRANSITION CURB & GUTTER •�` TO MATCH INLET CASTING (TYPICAL FOR ALL INLETS) _ I i �. .� PRECAST CONCRETE, M-3000 OR C-3000 VARIABLE (3' MIN.) I I 3 0, -NO. 4 BARS AT 'I2" CENTERS MAX., SPACED EQUALLY 6" (TYP.) FRONT VIEW 4" MINIMUM, 7" MAXIMUM OPENING r 5/8" SMOOTH ROD CENTERED IN OPENING (EXCEPT FOR EJIW 7030) 1" MAX OFFSET ALLOWED FOR CASTING BACK PIECE ADJUSTMENT VARIABLE 2'-0" +40' CURB AND GUTTER TO BE WARPED 9., ' TO MATCH INLET. DESIGNERS WILL PROVIDE ADDITIONAL BLOCK OUT FOR DESIGN DETAILS TO FIT SPECIFIC OUTLET PIPE CONDITIONS. 12" RCP (Typ.) 6" SIDE VIEW CITY OF BOZEMAN SCALE: STANDARD SQUARE NO. 02720--1Af STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003 Rev MAR 2006 4" Mi:'dikiilFA, 7" MAXIMUM OPINING--- � l 5/6" DIA SMOOTH ) - INLET CASTING ROD CENTERED IN OPENING ^'A� NEENAH R-3067—L, (EXCEPT FOR EJIW 7030) EJIW 7030, 6" FIST - ] • DEETER 2047L, OR SLAB COVER 0 & L 1-351 7 • 1,24" OPENING 4' 01A. 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