HomeMy WebLinkAbout2006 Curbing and Sidewalk Improvements
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CITY OF BOZEMAN
2006 CURBING AND SIDEWALK IMPROVEMENTS
CONTRACT DOCUMENTS
Prepared by
CITY OF BOZEMAN ENGINEERING DEPARTMENT
June 2006
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CITY OF BOZEMAN, MONTANA
2006 Curbing and Sidewalk Improvements
June 2006
TABLE OF CONTENTS
CONTRACT DOCUMENTS
Invitation to Bid
Instruction to Bidders
Bid Form
Bid Bond
Agreement Form
Payment and Performance Bonds
Standard General Conditions of the Construction Contract (By Reference)
Supplementary Conditions
Montana Prevailing Wage Rates
CONSTRUCTION SPECIFICATIONS
Special Provisions
Measurement and Payment
APPENDIX A
Standard Drawings
APPENDIX B
Plan Sheets 1 - 3
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INVITATION TO BID
The City of Bozeman will receive sealed bids for its 2006 Curbinq and Sidewalk
Improvements contract. Sealed bids so entitled and addressed to the City Clerk, City Hall,
411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230, will be received
until 11 :00 a.m.., local time, July 14, 2006 and then publicly opened and read thereafter.
The project consists of removing and replacing concrete curb and gutter, installing
pedestrian ramps, constructing new concrete sidewalks, and replacing existing concrete
sidewalks. New sidewalks are proposed on Tamarack Street from N. 3ra Ave. to Bozeman
Ave. Curb replacement is proposed in the unit block of W. Curtiss Street.
Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained
upon payment of $15.00 for each set, at the City of Bozeman, Engineering Department, 2'0
E. Olive Street, Bozeman, Montana 59771-1230. Any bidder or non-bidder returning the
CONTRACT DOCUMENTS promptly and in good conditions, will be refunded his $15.00
payment.
All bids and proposals for the construction of any public contract project shall contain a
statement showing that the bidder or contractor is duly and regularly registered under the
laws of the State of Montana, and the contractor's registration number shall appear upon
such bid or proposal, and no contract shall be awarded to any contractor unless he is the
holder of registration, all as defined by MCA 39-9-101 through 410.
All laborers and mechanics employed by contractors or sub-contractors in performance of
the construction work shall be paid wages at rates as may be required by the laws of the
State of Montana. The contractor must ensure that employees and applicants for
employment are not discriminated against because of their race, color, religion, sex or
national origin.
Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid
Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent
(10%) of the total amount of the bid. Successful bidders shall furnish an approved
Performance Bond and a labor and materials Payment Bond, each in the amount of One
Hundred percent (100%) of the contract amount. Insurance as required shall be provided
by the successful bidder(s) and a Certificate(s) of that insurance shall be provided.
No bid may be withdrawn after the scheduled time for the public opening of bids, which is
11 :00 a.m. local time, July 14 , 2006.
The right is reserved to reject any or all proposals received, to waive informalities, to
postpone the award of the contract for a period of not to exceed Sixty (60) days, and to
accept the bid which is in the best interests of the Owner.
The City of Bozeman is an Equal Opportunity Employer.
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INVITATION TO BID
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Dated at Bozeman, Montana, this 23rd day of June, 2006.
Brit Fontenot
City Clerk, City of Bozeman
Publication: June 28,2006
July 5, 2006
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INVITATION TO BID
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INSTRUCTIONS TO BIDDERS
BIDS All Bids must be made on the forms provided in this bound copy of the Contract
Documents. All Bids must be legibly written in ink, with all prices given in figures and total bid
amount given in words and figures. No alterations by erasures or interlineations will be
permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope
addressed to the City Clerk, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman,
Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2006
CURBING AND SIDEWALK IMPROVEMENTS, CITY OF BOZEMAN.
Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or
deviations therefrom may be considered as sufficient cause for rejection.
Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular.
BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the
amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which
may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A
Bidder's Bond issued by a surety company authorized to do business in the State of Montana
will also be acceptable.
SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name
and with his business address or place of residence. In case of a firm or partnership, the
name and residence of each member must be inserted. In case the Bid is submitted by, or on
behalf of, a corporation, it must be signed in the name of such corporation by an official who is
authorized to bind the corporation, and who shall also affix the corporate seal of such
corporation. The Bid of a corporation which is signed by a person other than a corporate
officer must be accompanied by a Power of Attorney showing that person's authority.
ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different
names will not be received from one firm or association.
RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of
others, may be required to submit satisfactory evidence of this authority to do so.
The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his
signature.
QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence
that they have a practical knowledge of the particular work bid upon, and that they have the
necessary financial resources to complete the proposed work.
In determining the lowest responsible bid, the following elements will be considered: whether
the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and
equipment to do the work properly and expeditiously; (c) has a suitable financial status to
1 INSTRUCTIONS TO BIDDERS
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meet obligations incident to the work; and (d) has appropriate technical experience.
Each Bidder may be required to show that former work performed by him has been handled in
such a manner that there are no just or proper claims pending against such work. No Bidder
will be acceptable if he is engaged on any other work which impairs his ability to finance his
contract. The Bidder shall demonstrate his ability by meeting all requirements herein
stipulated, if asked for them.
CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard
Specification, Fifth Edition (MPWSS), published March 2003, shall be used to govern the
contractual and performance aspects of this project, and is hereby incorporated as part of
these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to
Montana Public Works Standard Specifications (COB MODS), dated March 2004, including
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:
I nvitation to Bid............................
Instructions to Bidders...................
Bid Form.................... ..... ..............
Bid Bond.......................................
Agreement Form...........................
Payment Bond........... ..... ...............
Performance Bond.........................
Standard General Conditions...........
Supplementary Conditions..............
Miscellaneous Forms
Notice of Award..................
Notice To Proceed................
Change Order.......................
Work Directive Change.........
Application For Payment
(Guidance Only)................
Certificate of Substantial
Completion....................... ..
Wage Rates......................................
Bound Herein
Bound Herein
Bound Herein
Bound Herein
Bound Herein
Bound Herein
Bound Herein
MPWSS
MPWSS/Bound Herein
MPWSS
MPWSS
MPWSS
MPWSS
MPWSS
MPWSS
Bound Herein
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INSTRUCTIONS TO BIDDERS
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Special Provisions............................
Technical Specification........................
Appendix A--Standard Drawings.........
Appendix B--Work Locations and
Plan Sheets...............
Bound Herein
MPWSS & COB MODS
MPWSS/Bound Herein
Bound Herein
EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each
Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize
himself with location conditions that may in any manner affect cost, progress or performance
of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost, progress or performance of the Work; and (d)
study and carefully correlate Bidder's observations with the Contract Documents.
Any Bidder may, upon request, examine those reports of investigations and tests of
subsurface and latent physical conditions at the site (if any) which have been relied upon in
preparing the drawings and specifications. These reports are not guaranteed as to accuracy
or completeness, nor are they part of the Contract Documents. Before submitting his Bid each
Bidder will, at his own expense, make such additional investigations and tests as the Bidder
may deem necessary to determine his Bid for performanoeof'the Work in accordance with the
time, price and other terms and conditions of the Contract Documents.
On request, Owner will provide each Bidder access to the site to conduct such investigations
and tests as each Bidder deems necessary for submission of his Bid. Any administrative
requirements and associated costs of such investigations are the responsibility of the Bidder.
The lands upon which the Work is to be performed, rights-of-way for access thereto and other
lands designated for use by Contractor in performing the Work are identified in the
specifications or on the drawings.
The submission of a Bid will constitute an incontrovertible representation by the Bidder that he
has complied with every requirement of this section and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and conditions
for performance of the work.
Where logs of test borings are included in the contract plans, it is agreed that such logs do not
constitute a part of the contract and are included only for the convenience of the bidder or
Contractor and do not relieve him of his duties under this section or of any other responsibility
under the contract.
No information derived from any inspection of records of investigation or compilation thereof
made by the Owner will in any way relieve the bidder or Contractor from properly performing
his obligations under the contract.
UNDERGROUND UTILITIES It is the responsibility of the Contractor to contact the owners of
underground utilities as to the location of their underground installations in the project area.
3 INSTRUCTIONS TO BIDDERS
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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. The Contractor
is required to call 1-800-424-5555 for utility locates prior to beginning any excavation work.
INTERPRETATION OF CONTRACT DOCUMENTS Ifany person contemplating submitting a
Bid for the proposed contract is in doubt as to the true meaning of any part of the
specifications, or other proposed Contract Documents, he may submit to the Owner a written
request for an interpretation thereof. The person submitting the request will be responsible for
its prompt delivery. Any interpretation of the proposed documents will be made only by an
addendum duly issued and a copy of any such addendum will be mailed or delivered to each
person receiving a set of such documents.
TIME OF COMPLETION The time of completion of the work is a basic consideration of the
Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the
work within the stipulated time. Once begun, the work shall be prosecuted uninterrupted by
the Contractor, to it's completion. Contract time is shown on the Bid Form and Agreement
Form.
ADDENDA Any addenda issued during thetime of bidding , or forming a part of the Contract
Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid
and shall be made a part of the Agreement. Receipt of each addendum shall be
acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be
considered incomplete and will not be read.
PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract
Documents. Neither the proposal nor any other pages bound herein or attached hereto shall
be detached.
Proposals shall be in a sealed envelope and addressed to:
City Clerk
City Hall
411 E. Main Street
P.O. Box 1230
Bozeman, MT 59771-1230
The envelope shall also contain the following information:
Name of Project: 2006 CURBING AND SIDEWALK IMPROVEMENTS
Name of Contractor:
Montana Certificate of Contractor Registration No.
4 INSTRUCTIONS TO BIDDERS
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Acknowledge Receipt of Addendum No.: , ,
In the lower left hand corner of the envelope print or type:
BID DOCUMENTS - DO NOT OPEN UNTIL, 11 :00 A.M., July 14, 2006
Proposals shall be made in accordance with the following instructions:
A. Submit one copy of the complete bound document in an opaque sealed
envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE
BOUND CONTRACT DOCUMENT.
B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with
these documents.
C. All blank spaces must be properly filled.
D. The total bid price must be stated in both writing and in figures. In case of a
- discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be
used in computing the total bid price.
E. The proposal form shall contain no additions, conditions, stipulations, erasures,
or other irregularities.
F. The proposal must acknowledge receipt of all addenda issued.
G. The proposal must be signed in ink and display the bidder's name, address, and
current Montana Contractor's License Number.
SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached
thereto a power of attorney evidencing authority to sign the bid in the name of the person for
whom it is signed.
Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an
attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of
attorney evidencing authority to sign the bid.
Bids which are signed for a corporation shall have the correct corporate name thereof signed
in handwriting or in typewriting and the signature of the president or other authorized officer of
the corporation shall be manually written below the written or typewritten corporate name
following the work:
5 INSTRUCTIONS TO BIDDERS
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By:
Corporate Seal
Title:
If bids are signed for any other legal entity, the authority of the person signing for such legal
entity should be attached to the bid.
TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic
communication at any time prior to the scheduled closing time for receipt of bids. The
telegraphic communication shall not reveal the bid price, but shall only provide the addition or
subtraction from the original proposal. Telegraphic proposal modifications must be verified by
letter. This written confirmation shall be received no later than three working days following
the bid opening or no consideration will be given to the telegraphic modification.
BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment
.. 'complying fully with the plans and specifications and; in :the event he names in his bid
materials or equipment which do not conform, he will be responsible for furnishing materials
and equipment which fully conform at no charge in his bid price.
Before submitting a proposal, each Contractor should read the complete Contract Documents
(including all addenda), specifications and plans, including all related documents containing
herein, all of which contain provisions applicable not only to the successful bidder, but also to
his subcontractors.
BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations
of the proposed work and by such other means as they may prefer as to the correctness of
any quantities.
The estimated unit quantities of the various classes of work to be done under this contract are
approximate and are to be used only as a basis for estimating the probable cost of the work
and for comparing the proposals offered for the work. The Contractor agrees that, during
progress of the work, the Owner may find it advisable to omit portions of the work, to increase
or decrease the quantities as may be deemed necessary ordesirable, 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 underthis contract shall be the actual amount of work done and the
materials furnished.
The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise
on account of any difference which may be found between quantities of work actually done
and the estimated quantities.
WITHDRAWAL OF BID No Bidder may withdraw his Bid after the date and hour set for the
6 INSTRUCTIONS TO BIDDERS
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opening declared herein. A Bidder may withdraw his proposal by a written request of the
Bidder at any time prior to the expiration of the period during which Bid may be submitted,
which request must be signed in the same manner and by the same person or persons who
signed the Bid.
ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or
reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award
more than one Bid or schedule for the same Bid if any of the aforementioned combination of
Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to
waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or
conditional Bids and to correct arithmetical errors in the Bid prior to comparison.
SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and
any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the
work.
An experience statement with pertinent information as to similar projects and other evidence of
qualification shall :be furnished for each named subcontractor, :if requested by the Owner. If
thelOwner or Engineer after due investigation has: reasonable' 'objection' to any proposed
Subcontractor, they may, before giving the Notice ofAward,'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 50 listed and to whom Owner or Engineer does not make written objection prior
to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer.
Contractor shall not be required to employ any subcontractor against whom he has reasonable
objection.
The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of
Award will be required in the performance of the work.
AWARD OF CONTRACT The award of contract, if awarded, will be made within the period
specified in the Invitation To Bid to the lowest responsible Bidder whose Bid complies with all
the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to
the address shown on the Bid, that his Bid has been accepted and that he has been awarded
the contract.
CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any
contract at any time before the complete execution of the Agreement by all parties without any
liability against the Owner.
RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders,
will be returned immediately following the opening and checking of the Bids. The Bid
7 INSTRUCTIONS TO BIDDERS
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guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10)
days following the award of the contract. The Bid guarantee of the Bidder to whom the
contract is awarded will be returned when said Bidder has executed an Agreement and filed
satisfactory Performance and Payment Bonds as hereinafter stipulated.
PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded
will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner
each in an amount equal to one-hundred percent (100%) of the Agreement amount.
The Bonds shall be executed on the forms bound herein, signed by a surety company
authorized to do business in the State of Montana, and acceptable as a surety to the Owner
and countersigned by a Montana Resident Agent.
With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to
include the date of the Bond.
EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the
'successful Bidderand returned, together with the contract Bonds,withinthetime shown on the
, ,Bid. If the Agreement is not executed by the Ownerwithinfifteen (15) days"following receipt,
from the Bidder 'of the signed Agreements and Honds, the,Bidder shall have the right to
withdraw his Bid without penalty. No Agreement shall be considered as effective until it has
been fully executed by all of the parties thereto.
FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a
Performance Bond and Payment Bond shall be just cause for annulment of the award. In the
event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not
as a penalty but as liquidation of damages sustained. Award may then be made to the next
lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may
decide.
BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form,
Bond forms, Agreement, contract stipulations, or other specifications shall be removed from
the bound copy of Contract Documents prior to submission of Bid.
PAYMENTS Payment for all work performed under this Agreement will be made by the Owner
within the time period specified in and in accordance with the procedures outlined in the
General Conditions. Payments made after the time limit will be subject to interest at the rate
specified in the Agreement.
When the work extends beyond thirty (30) days, progress payments will be made monthly for
any work accomplished during the preceding month, but subject to retainage as specified
elsewhere.
PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all
subcontractors shall pay for all labor employed the standard prevailing rate of wages. The
8 INSTRUCTIONS TO BIDDERS
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standard prevailing rate of wages as used herein means that standard prevailing rate of wages
in the locality where the work is to be performed as determined by the Montana Commissioner
of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors
are directed to the Montana Commissioner of Labor for information on the standard prevailing
rate of wages applicable to this contract within this area.
POSTING Contractor shall post in a prominent and accessible place on the site of the work a
legible statement of all wages to be paid to the employees.
LOCAL LABOR Contractor shall give preference to the employment of Montana residents in
accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA.
MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered
that do not carry the Bidder's Certificate of Contractor's Registration number on the envelope
containing the Bid and on the Bid. Information pertaining to the Montana Contractor
Registration requirements may be obtained from the Montana State Department of Revenue,
Helena, Montana. (1-800-556-6694)
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 of three percent (3%) will be given to the lowest responsible Bidderwho is
a resident of the State of Montana over a nonresident Bidder. This preference applied unless
specifically prohibited by Federal laws or regulations. Products manufactured or produced in
the State of Montana shall be preferred for use in all projects if such products are comparable
in price and quality. Further, wherever possible, products manufactured and produced in the
State which are suitable substitutes for products manufactured or produced outside the State
and comparable in price, quality and performance shall be preferred for use in this project.
Preference regarding these products shall be in accordance with the laws of the State of
Montana.
9 INSTRUCTIONS TO BIDDERS
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NOTICE OF AWARD
Dated:
Zl-l l,S 6 ~
TO: JTL Group. Inc.
ADDRESS: P.O. Box 9. Belgrade. MT 59714
PROJECT: City of Bozeman 2006 Curbing and Sidewalk Improvements
CONTRACT FOR: Installation of new concrete sidewalks. and replacement of concrete
curbing and drive approaches.
You are notified that your Bid dated July 14. 2006, for the above Contract has been considered.
You are the apparent Successful Bidder and have been awarded a Contract for installation of new
concrete sidewalks. and replacement of concrete curbiml and drive approaches The Contract
Price of your Contract is: one hundred twenty thousand six hundred seventy and no/100 Dollars
($ 120.670.00).
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
1. You must deliver to the OWNER..l... fully executed counterparts of the Agreement including
all the Contract Documents and Drawings.
You must deliver with the executed Agreementthe Contract Security (Bonds) as specified in
the Instruction to Bidders (page 8), General Conditions (paragraph 5.01) and Supplementary
Conditions (paragraph SC-5.02).
List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03).
2.
3.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security
forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one
fully signed counterpart of the Agreement with the Contract Documents attached.
C'TYOC12:tP~~ ATT
BY. It. BY.
DATE:
f)-:r
j,J) ~Co
(CITY MANAGER)
. ";.;~:"'..'~:~' ':~':';~~~"~M,'~~;'''~ :: - ';."
..::,I~~~~~~~W~:'~"'~"'"
. " ~';:"..!:,; 'S,;,.~.::l".:,::,;' 1'"
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BID FORM
2006 CURBING AND SIDEWALK IMPROVEMENTS
CITY OF BOZEMAN
BOZEMAN, MONTANA 59771
TO: Clerk of the Commission
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 placement and replacement of concrete sidewalks
and pedestrian ramps, 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 60 (sixty) consecutive calendar days after commencement of the
contract time as defined in the General Conditions.
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.
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
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BID FORM
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person, firm, or corporation, and is not submitted in conformity with any agreement or rules :(
any group, association, organization, or corporation;
B) That he has not directly or indirectly solicited any other Bidderto put in a false or sham Bid;
C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding;
0) 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)
pur~"an. t~ ^....;~I~ 37 7~ 20? ~~r-^ thaI- h~ (I-i-.~..\ ;~ {are) dul" ---< ~egul_pl.. l,.--n-ed
;:>u 'v nIl''''''' -, 1- ..J,IVI"-''', I ,lie lIl<:::YJ I;:> \ Y allU I lallY ......t:;I;:> .
BIDDER agrees to perform all the work described in the CONTRACT DOCUM ENTS for the
following unit prices or lump sums:
BID SCHEDULE
2006 CURBING AND SIDEWALK IMPROVEMENTS
NO. ITEM UNIT UNIT PRICE QUANTITY TOT AL PRICE
(Fiqures) (Fiqures)
500 00
101 Concrete curb & L.F. $ =- 764 $ 3.b'Z.O =<
f
gutter removal
$ 21 5!' 06
102 Combined concrete L.F. 804 $ J 7 2..2fJ =
curb & gutter
103 Concrete removal SF $ 2~ 4,630 $ 9, 2rdJ 0';
and disposal
104 6" Concrete SF $ 052 880 67200g
$ ,
sidewalk In place
5s0 4 '-I; o'g252
105 4" Concrete SF $ = 8,015 $
sidewalk in place
106 Dnveway apron S.F. $ 7~O 917 $ r/:; '1/9 0..0
,
107 Concrete sawcutting L.F, $ 2..CjJ 915 $ ~/( 30o.f
108 Concrete fillet SF $ 050 135 $ ~.LJ f 7 5.2
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:; EID FORM
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.r:l.
NO. ITEM UNIT UNIT PRICE QUANTITY TOT AL PRICE
(Fiqures) (Fiqures)
109 3" Thickness S.Y $ Lq~ 351 $ JO(7Q c;g
.-
AC Pavement Surface
Course
110 Detectable SF $ R8~ 112 $ 9 '8"5 (, 0 ~
warning
111 Seeding Lump sum $ 7,. 20002
112 Inlet adjustment Each $ '150ce 8 $ ? 000 "€"
c) .
,
TOTAL BASE BID
$ /2.0,,(070e:!)
ONf:. ~uNllRt.[) T..,.Je.-n.h' I j..{(Ji/SArJCJ Six. /-.Jurv"-.ELJ S~ IIf;.NT-',7 AM\ N010n /:)c,.J..jH(0
( BASE BID TOTAL - WRITTEN WORDS)
The undersigned Bidder acknowledged receipt of the following Addenda, which have been
considered in preparation of this Bid:
No.
Dated
No.
Dated
No.
Dated
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Submitted this / c,-/' day of
.
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SIGNATURE OF BIDDER:
Montana Contractor Registration Number
I/J/i .:.:> ,;::;:,-
./ c.' l/ ,;..../.J, ,/
If an individual'
doing business as
3
BID FORM
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If a Partnership:
, partner
If a Corporation
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Business Address of Bidder: ,.1..-< /?_....Jf\ /'
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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
Title
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by
(Seal &
Attest)
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(Seal &
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PENAL SUM FORM
BID BOND
BIDDER (Name and Address):
JTL Group, Inc. - Belqrade
P.O. Box 9
Belqrade, MT 59714
SURETY (Name and Address of Principal Place of Business):
Liberty Mutual Insurance Company
450 Plymouth Road, Suite 400
Plymouth Meetinq, PA 19462
OWNER (Name and Address):
City of Bozeman, Montana
BID Date:
July 14,2006
PROJECT:
2006 Curbing and Sidewalk Improvements
BOND
Bond Number: Bid Bond
Date: (Not later than Bid Due Date): July 14, 2006
Penal Sum: Ten Percent of Amount Bid
10%
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to
tbe terms printed on tbe following page, do each cause tbis Bid Bond to be duly executed on its
bebalfby its authorized officer, agent, or representative.
BIDDER
SURETY
(SEAL)
(SEAL)
Liberty Mutual Insurance Company
(Surety's Co
'.
By:
Attest:a~~Attest:
r?
(Signature & Title) ( .
Note: (l) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered
plural where applicable.
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Acknowledgment of Corporate Surety
Hennepin
)
) ss
)
STATE OF
Minnesota
COUNTY OF
On this 14th day of July ,2006 before me appeared
Jennifer Miller , to be known,
who being by me duly sworn did say that she is the aforesaid Attorney-in-Fact of the
Liberty Mutual Insurance Company
a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on behalf of said corporation by the
aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said
instrument to be the free act and deed of said corporation
(Notary Seal)
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND,
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
1907966
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
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KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
DENNIS LOOTS, RICHARD DONOVAN, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY OUIMET,
NINA E. WERSTEIN, JENNIFER MILLER, BRIAND. CARPENTER, BARBARA L. RAEDEKE, ALL OF THE CITY OF
MINNEAPOLIS, STATE OF MINNESOTA .....u.. ... .................................... ............................... ....................... ..n.....................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recog.nizances and other .surety obligations ih the penal sum not exceeding
FIFTY MILLION AND 001100*'"'***"************* DOLLARS ($ 50;000,000.00***** . ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in .pursuance. of these presents, shall be as binding upon the
Company as if they had been duly signed by the presidentand attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following.By-lawand Authorization:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
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IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of ~. a
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th day of March , :t: 0
2006 <M
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ARTICLE XIII. Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
LIBERTY MUTUAL INSURANCE COMPANY
ss
eY;::'::~~';C:.
\'o\"~,,.,;)I;,
'E:;~~:!/
ByC4 w- a?'~
Garnet W. Elliott, Assistant Secretary
On this ~ day of March ,2.QQQ.. , before me, a Notary Public, personally came Garnet W. Elliott. to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporallon.
IN TESTIMONY WH6~unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written.(# Q:ot(,. Q ~ < ')
,,(,( <<T{;.. -; COMMONWEAl.THOFPE!N YLVANIA ~. Ii
I- G"f. Nol8riaISIlilI ~ 1/ -i-.I1
OF Tereea?eaI..NctalyPtlllllc By ~
I~'== Teresa Pastella, Notary Public
\':t M""'~er. I'''''.$vi.onlo A.,.""iotian of NoIoll<>.
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CERTIFICATE
?
I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date ofthis certificate; andldo further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
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This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
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VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN T~IMONY WHEREOF, I have hJreunto subscribed my name and affixed the corporate seal of the said company, this
- ; Ii, ...:J(X ) ~ ,._~
/:\~~:r;~~
(t'('", 'j!;)
'~~~~~~?
14~h.
day of
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AGREEMENT FORM
THIS AGREEMENT is dated as of the _ day of in the year 2006 , by
and between CITY OF BOZEMAN, hereinafter called OWNER, and
JTL Group, Inc. hereinafter called CONTRACTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1.
WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The project work is generally described as follows:
Installation of new concrete sidewalks and pedestrian ramps. replacement of
existing concrete curb and outler. and replacement of existing concrete sidewalks.
The project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows: 2006 Curbing and Sidewalk Improvements.
Article 2.
CONTRACT TIME.
2.1 The Work will be completed within~ days after the date when the contract time
commences to run as provided in the General Conditions. Final payment will be
withheld until final completion and acceptance of the Work, as stipulated in this
Agreement.
2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence in this Agreement and that OWNER will suffer financial loss if the Work is
not substantially complete within the time specified above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize
the delays, expense and difficulties involved in proving, in a legal or arbitration
proceeding, the actual loss suffered by OWNER if the Work is not substantially
complete on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER one hundred dollars ($ 100.00) for each day that
expires after the time specified herein until the Work is substantially complete.
Article 3.
CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents the sum (subject to adjustment as provided in the Contract
Documents) of one hundred twenty thousand six hundred seventy and no/100
_Dollars ($ 120.670.00 ).
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Article 4.
PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance with the General
Conditions. Applications for payment will be processed as provided in the General
Conditions.
4.1 Progress Payments. OWNER will make progress payments monthly on account of
the contract price on the basis of CONTRACTOR'S application for payment as
recommended by ENGINEER. All progress payments will be on the basis of the
progress of the Work measured by the schedule of values provided for in the
General Conditions.
4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in
accordance with the General Conditions and as outlined herein.
4.2 Final Payment. Upon final completion and acceptance of the Work,in accordance
with the General Conditions, OWNER shall pay the remainder of the contract price
as recommendeGJ 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 orderto 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
subsuriace and latent physical conditions at the site or otherwise affecting cost,
progress or performance of the Work which were relied upon by ENGINEER in the
preparation of the drawings and specifications and which have been identified in the
modifications to the General Conditions.
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6.3 CONTRACTOR has made or caused to be made examinations, investigations and
tests and studies of such reports and related data in addition to those referred to
above as he deems necessary for the performance of the Work at the contract
price, within the contract time and in accordance with the other terms and conditions
of the Contract Documents, and no additional examinations, investigations, tests,
reports or similar data are or will be required by CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 7.
CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire Agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof and consist of the
following:
7.1 This Agreement.
7.2 Exhibits to this Agreement (if any).
7.3 Performance Bond, Payment Bond, and Bid Bond.
7.4 Invitation to Bid.
7.5 Instructions to Bidders and Bid Form.
7.6 Certificate(s) of Insurance.
7.7 General Conditions.
7.8 Supplementary Conditions.
7.9 Wage Rates.
7.10 Special Provisions and Measurement and Payment.
7.11 Montana Public Works Specifications, Fifth Edition, March 2003, and City of
Bozeman Modifications to Montana Public Works Standard Specifications Fifth
Edition, March 2004.
7.12 Appendix A and Appendix B.
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7.13 Addenda listed on the Bid forms.
7.14 CONTRACTOR'S executed Bid forms.
7.15 Documentation submitted by CONTRACTOR prior to Notice of Award.
7.16 Notice of Award.
7.17 Notice to Proceed.
7.18 Any modification, including Change Orders, duly delivered after execution of
Agreement.
7.19 Any Notice of Partial Utilization.
7.20 Notice of Substantial Completion.
7.21 Notices of Final Completion and Acceptance.
There are no Contract Documents other than those listed above in this Article 7. The
Contract Documents may only be altered, amended or repealed by a modification (as
defined in the General Conditions).
Article 8.
MISCEllANEOUS.
8.1 Terms used in this Agreement which are defined in the General Conditions shall
have the meanings indicated in the General Conditions.
8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the OWNER and the CONTRACTOR respectively and his partners,
successors, assigns, and legal representatives. Neither the OWNER nor the
CONTRACTOR shall have the right to assign, transfer or sublet his interest or
obligations hereunder without written consent of the other party. The OWNER
reserves the right to withdraw at any time from any subcontractor where Work has
proven unsatisfactory the right to be engaged in or employed upon any part of the
Work.
8.3 In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing party or the party giving notice shall be
entitled to reasonable attorney's fees and costs.
8.4 Any amendment of modifications of this Agreement or any provisions herein shall
be made in writing and executed in the same manner as this original document and
shall after execution become a part of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
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BY$O~
Title ~d;ft.- /t.f41l~
(JOINT VENTURE)
By
Title
City of Bozeman
(OW~
By C~ '
(CITY MANAGER)
APPROVED AS TO FORM:
1""".
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(CITY ATT~Y; '-
c: \wpdocs \forms lag r"..frm. m rg
(SEAL &)
(ATTEST,
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PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
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CONTRACTOR (}game and Address):
JTL Group, Inc. - Belgrade
P,O. Box 9
BE:lg~de, MT 59714
OWNER (Name and Address):
City of Bozeman
411 East Main Street P.O. Box 1230
Bozeman, MT 59771
CONTRACT
Date:
Amount: ($120,67000) One Hundred Twenty Thousand Six Hundred Seventy Dollars and 00/100
Description (Name and Location):
2006 Curbing & Sidewalk Improvements
SURETY (Name and Address of Principal Place of Business):
1
Liberty Mutual Insurance Company
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462
Travelers Casualty and Surety Company of America
One Tower Square - 2SHS
Hartford, CT 06183
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BOND
Bond Number: /190016962/104785187
Date (Not earlier than Contract Date):
Amount: ($120,670.00 ) One Hundred Twenty Thousand Six Hundred Seventy Dollars and 00/100
Modifications to this Bond Form:
None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Performance Bond tlJ be duly executed on its behalfby its authorized officer, agent, or representative.
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CONTRACTORASProNC~AL
Company:
JTL Gro
Signature: Seal)
Name and 'Title: ,
1e ry R. Haven Vice-President
SURETY
(Seal)
CON1RACTOR AS PRlNCIP AL
Company:
By:
Signature and title Je ni er Miller torney-in-Fact
(Attach Power of Attorney)
~::J)k~ fLz;
SURETY
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(Space is provided below for signatures of additional
parties, if required.)
Signature:
Name and Title:
(Seal)
(Seal)
EJCDC No. C-610 (ZOO:: Edition)
Originally p~red tbroup the joint efforU of the Snrety AssoclatioD of America, Engineers Joint Contract Documents Committee, the AsIocillted Genel'lll
CODtrlet&r.l oC Amtrl~ aDd tbe American Inltltute of Architect$.
By:
Signature and Title Jennifer Milller, Attorney-in-Fa ~"
(Attac~PO fAttorney) ~' .
Attest _~LA--. ~_~)
Signa d Title: u (/
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I. Contmctor and Swcty, jointly and sewully, bind themselves, their herin,
execUlOn, administmors, SUCCC:S$On, and aaians to Owner fur the perfunnance of the
Contt'8.ct, which is incorpofqtcd herein by reference.
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2. Tf Contractor perfomu tin: ConInlCt, Surety and CootrBctor have no obligatioo
Illlder this Bond, ex~ to participate in eonfecenccs u provided in Pansraph 3.1.
3. Ifthm is no Owner Default, Surety'J obliption under this Bond shall arise after:
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3,1. Owner haJ notified Contractor and Sun:ty, at the addresses described in
ParaJraph 10 below, that Owner ill considering declaring a Coobactor
Default and has requested and IIl1emptlld to mange a conference with
Contractor and Surety to be held not Wer lhan 15 days after receipt of
such notice to discuss metloda of perfomrin, ~ Contratt. If Owner,
Contractor and Sun:ty agree, Contractor sball be allowed a reasonable
time to perform the Contract, but RJCh an agrc:emCllt shall not wai~
Owners right. if IlIlY, su~uc:ntly todecllR II Contractor Defiu.llt; and
3.2. Owner has declal'cd a Conlractor Default and fonnally tenninated
Contractor's right to complete the COIltral:t. Such Conlraclor Default shall
nO( be declared earli<< than 20 da)'3 after COIItT<u;tor and Surety ha\le
received notice as provided in Paragraph 3.1; and
3.3. Owner ha& RgJeed to pay the Balance of the Cuntract I'ric:ll to:
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I. S~in accordmce wilh the termJ of the Contract;
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2. Another canlraclor selected punuant to Paragraph 4.3 to perform the
Contmct.
4. When Owner has satisfied the conditions of Paragraph 3, Smety shall promptly and
a( SUJdy's expense take me of the following actions:
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4.1. Amnge for Conl:lulor. with COll$Cllt of Owner. to perform and complm
the ConlnCl; or
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4.2. Undertake 10 perform IlIld compllrte the Contmcl ilKlf, through its ~~
or throuah independent conlr1Icton; or
4.3. Obtain bids or negotiated proposals from qualified contractors llCCq:Uble
to Owner for a contract fur perfonnanee and completion of dll! Comract,
arranae for a contract to be pMparod for elteeution by Owner md
Corrtrtlct:cr selected wilh Owner's concurn:nce, to be secllled with
performance and paymmt bonds ex.eculJ:d by a qualifiod surety equiwleDI
to 1he bonds issued on the Contract, and pay to Owner the amount of
dama&es as described in PBr1Igrapb 6 in eltlleS$ of the Balance of the
Contract Price ineum:d by Owner n:sultini from Contractor Dcfillllt; Of
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4.4. Waive illi riglllto perform and complete, lIt1mIBe for cornpletion, or obtain
a new oonlltlCtor and with reaMIlJlb1c promptness undet the circwnstanees;
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I. A&r investigation, determine the amount for whidl it may be liable to
Owner and, lIS soon ..pncticable after the Imlllll\t is determined,
teI1der payment therefor to Owner; or
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2. Deny liability in whole Of' in part and notify Owner citing m",,,.ns
therefor.
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5. If SW"ety does not proceed as provided in Paragraph 4 with reasonable pronlptnesl,
Surety shall be deemed to be in de&ult on this Bond 15 days after receipt of an
additi0l1ll1 written notice Dvm Owner to Surety demanding thai Swety perfmm its
obligatiom IIlIdc:r Ibis Bond, and Owner shall be entitled 10 c:nforoe any remedy
available to Owner. If Surety proceeds as provided in PlIl1lgraph 4.4, and Owner
refuse$ the payment tendered or Surety his denied liability, in whole Of in
part, with0Ul1Urdler notice Owner shall be entitled to enforce any remedy available to
Owner.
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6. After Owner has terminated Conlnictor'a right w complete the ContnIct, and if
Surety elects to act under Paragraph 4.1, 4.2. or 4.3 above, tilCIl the responsibilities of
Surety to Owner shall not be ife*r tMn lhoae of CQl1Inctot WIder the Contract, and
the n:sponaibilitiw of OWner to Surety shall not be gRIller thin those of Owner under
the ContnIct. To a limil of the amoum of this Bond, but aubjec:t to ccmunitnlellt by
Owner of the &1ance of the Conlrael Price to mitiption of costs and damages on the
Contract. Surety is oblip!ed without duplication for:
6.1. The lespomibilities of Contm::tor for correction of defective Work. and
completion of the Contn.ct;
6.2. Additional lega~ design pmfes&ional, and delay coats resultina fi'om
Omtraetor's Default, and reau1tilli from the actions or failure to aet of
S\II'ely under f'angJ1Iph 4; md
6.3. Liquidated damages, or if no liquidated damages are specified in the
Contnwt, actoal daJnaae$ caused by delayed performance or non.
peri'onnancc of ConlIactor.
7. Surety shall not be liable to Owner or others fw obliptions of Conll1lctor that are
unrelated to the Contract, IIld the Balance of the Convaet !'me shall not be ~uced or
5et off on account of any such unre\sl:ed obligations. No riibt of action shall accrue on
this Bond to any person or entity other than Owner or its hein, executors,
administrators, or Ilueceuors.
8. SWllly hen:by waives notice of llIlY ehange, including chanlles of time, to CllI1hct
or to related subcontracts, purc\Iase orders, IIlIod otha- .x.liptions.
9. Any proceeding, Iepl or equitable, under this 80m may be in&tiMed in any wurt
of COI11p9Jit jurisdiction in the location in which the Work or part of the Wort is
located and Bha.l1 be instituted within two years after ContrIlClOI' Default or within two
yean: aIb:r ContnlCtor ceased working or within two years after Surety refiw:s or mils
to perform Us obligations under this Bood, whicheveT occurs first If !he provisiOll$ of
this pIIl'Igrapb are void or prohibited by law, the minimwn period of limitation
available to awetles as II defCDjie in the jwisdiction of the 8Ilit shall be applicable.
10. Notice to Surety, Owner, or ContBctor shall be mailed or delivered to the IIddress
shown on the aipatun:l page.
11. When thiJ Bond baa been furnished to comply vvith a slatutol'y requirement in the
location where the COI\hI:t WlIS to be perfonned, any pro\lision in thia Bond
conflicting with Mid sllltutory requirement sha11 be deemed deleted hereDvm and
provisions conCunnini to suc:h awutory n:quimnent aha1l be deemed incOl'pllI1lted
herein. The intent is thai this Bond shall be COIlS1Iuod as a atatul:ol)' bond md not as a
common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total llmOllllt payable by Owner to
Contnc:tor under the Contract after all propel' adjustments have been
made, ~l1lding allowance to ContrllClllr of any IIlIOUII1S received or to be
received by Owntt in settlement of inslll'llltee or other Claims for damages
to which Contractor is entitled., mluoed by all valid IlIld proper payments
IIIlIde to or on behalf of Conlr1letor under the Conlnlct.
12.2. C<>nnct: The agreement betwcml Owner and Comractor identified on the
siJllllllUre page. including aU ConlrlIct Documents and changes thereto.
12.3. Connctor Default: Failure of Contractor, which has neither been
remedied IIllT waived, to perform or otherwise to eomply with the tenns of
the Contract.
12.4. Owner Dcfuult: Failure of Owner, which has n~ been remedied nor
WIlived, to pay Conlnlelor as required by the Conlnlct or 10 perform and
complete or comply with the other ternu thereof.
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FOR INFORMATION ONLY -Name, Address and Telephone
Surety Agency or Broker Willis of Minnesota, Inc. 4000 Olson Memorial Highway, Suite 300, Minneapolis, MN 55422
Owner's Respresentative (engineer or other party)
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Acknowledgment of Corporate Surety
COUNTY OF
Hennepin
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STATE OF
Minnesota
On this ___~_~ day of ,2006 before me appeared
Jennifer Miller I to be known,
who being by me duly sworn did say that she is the aforesaid Attorney~in~Fact of the
Liberty Mutual Insurance Company and Travelers Casualty and Surety Company of America
a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on behalf of said corporation by the
aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said
instrument to be the free act and deed of said corporation.
(~_U ('-\ J\\. t-)o..~ --~'JiJ{'
,j Notary Public Signature
(Notary Seal)
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JILL N. SWANSON ~
NOTARY PUBLIC-MINNESOTA ~
My Commission Expires Jon, J1, 2010 ~
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1908237
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
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LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
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KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
DENNIS LOOTS, RICHARD DONOVAN, LAURIE PFLUG, JILL SWANSON, BARBARAKELLAR, JERRY OUIMET,
NINA E. WERSTEIN, JENNIFER MILLER, BRIAN D.CARPENTER,BARBARA L.RAEDEKE, ALL OF THE CITY OF
MINNEAPOLIS, STATE OF. MINNESOTA................................................ ...... ................... ,...................... ........................".......
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances .and other s. urety obligations in the penal sum not exceeding
FIFTY MILLION AND 001100******************** DOLLARS ($ 50;000,000.00***** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents,shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary ofthe Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
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I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company,. do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and Ido further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
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IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of ~ 8-
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th day of March , = 0
2006 ~M
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nto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year = ~
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ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
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By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By,Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
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ByC4 6./- ~~
Garnet W. Elliott, Assistant Secretary
On this ~ day of March ,2006 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
,/
CERTIFICATE
COMMONWEALTH OF PENNSVLVANIA
I .Noliu:ial SeIlI
1 Teresa Pastolla. NolaJy PublIC
I PIymoulh Twr~, M~ Courltl'
: My O:irrmi1l:>ion Exp;rllS Mar. 28, 20W
BY~
Ter~sa Pastella, Notary Public
~
IN TESTIMONY WH
first above written.
Meti'W~{. Pe['Jri$y1vanin As.$ocil.Uon 01 NOUirll$:~
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This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
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VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company
with the same force and effect as though manually affixed.
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IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal Of the said company, this
day of
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IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Scnior Vice President and their corporate seals to be hereto affixed this 12tJl day of February, 2004
STATE OF CONNECTICUT
} 88 Hartford
COUNTY OF rW<. TFORD
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
/cr~~- --
By
George W. Thompson
Senior Vice President
On this 12th day of February, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and tJwt he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof
'f'<\ ~
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My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SlJRETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that tile foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Cenificate of Authority, are now in force
Signed and Scaled at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this day of
,2006
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By .~
Kori M. Johanson
Assistant Secretary, Bond
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRA VELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connctticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: B. 1.. Kellar, Dennis G. Loots, Jill N. Swanson, Laurie POug, Susan Shapiro, Nina E.
Werstein, Jennifer Miller, of Minneapolis, Minnesota, their true and lawful Attomey(sHn-Fact, with full power and authority
hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her
sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in tile nature of a
bond, recognizance, or conditional undertaking and any and all consents incident tilereto and to bind the Companies, thereby as fully
and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said
Attorney(s)-in.Fact, pursuant to the authority herein given, are hereby ratified and confirrned
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: TIlat the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with tile Company's name and seal witilthe Company's seal bonds, recognizances, contracts of indemnity, and oUler writings obligatory in
tile nllture of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of Ulis Company, provided that each such delegation is
in writing and a copy lliereof is filed in tile office of the Secretary
VOTED: That any bond, rccognizance, contract of indemnity, or writing obligatory in Ille nature of a bond, recognizance, or conditional
undertaking shaH be valid and binding upon llie Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed willi the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Altomeys-in.Fuct and Agents pursuant to tile power prescribed in his or her certificale or their certificates of autilOrity or
by one or more Company officers pursuant to a written delegation of aulliority
This Power of Attorney llnd Certificate of Authority is signed and scaled by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voteLl by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERlCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: TImt the signature of each of tile follOWing o/Ticers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President., any Secretary, any Assistant Secretary, and Ille seal of tile Company may be affixed by facsimile to any
power of attorney or to any certificate relating lliercto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and allesting bonds and undertakings and other writings obligatory in the nature tilereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon Ule Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon Ille Company in Ille future willi respect to any boud or
undertaking to which it is attached
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PAYMENT BOND
.Any singular reference to Contractor, Surety, O\\':tler, or other party shall be considered plural where applicable.
CONTRACTOR (tlame and Address):
JTL Group, Inc. - Belgrade
P.O. Box 9
Belgrade, MT 59714
OWNER (Name and Address):
City of Bozeman
411 East Main Street P.O. Box 1230
Bozeman, MT 59771 Travelers Casualty and Surety Company of America
CONTRACT One Tower Square - 2SHS
Date: ~\J_~'" 10, Uu," Hartford, CT 06183
AInount ($120,670.00 ) One Hundred Twenty Thousand Six Hundred Seventy Dollars and 00/100
Description (Name and Location):
2006 Curbing & Sidewalk Improvements
BOND
Bond Number: 190016962/104785187
Date (Not earlier than Contract Date): A.ov* lu I 'Loc,c;.
Alnount: ($120,670.00 ) One Hundred Twenty Thousand-Six-Hundred Seventy Dollars and 00/100
Modifications to this Bond Fonn:
None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
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R. Haven Vice-President
(Space is provided below for signatures of additional
parties, if required.)
CONTRAcrOR AS PR1NCIP AL
Company:
Signature:
Name and Title:
(Seal)
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SURETY (Name and Address of Principal Place of Business):
Liberty Mutual Insurance Company
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462
SURETY
(Seal)
By:
Signature and Ti e Jennl r Miller
(A_hPo_otA~ .
Attest a.~ ~
Signa~~ y
SURETY
(Seal)
t.
EJCDC No. C~15 (1002 Edition)
)rlglnally prepared through the joint efforts of the SlIrety AsIocllltWn of America, Engln~rs Joint Contract Docaments Comlnlttee, tbe A~soc:lated Genenl
CoutrKtol'l of America, tbe American lu,t1tl1te oC Architects, the AmerIcan Subamtrac:ton Auoclatlon, and tlIe Auocilted SpecWty CoDt...c:tOn.
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I. Contractor and Surety, jointly and severally, bind themselves, their hein,
executors, administrators, successors, and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the perfQfllllllCC of
the Contract, which is incorporated herein by refen::nce.
2. With respect to Owner, this obligatiOll shall be null and void ifContraetor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimanl$, and
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2.2. Defends, indemnifies, and holds hannless Owner from all clailDl!,
demands, liens, or suits alleging non-payment by Contractor by any
pmon or mtity who furnished labor, mlterials, or cquipmalt for use in
the perfonnance of the Contract, provided Owner has promptly notified
Contractor and Surety (at the addresses described in Paragraph 12) of
any claims, demands, li~, or suitl and tendered defense of such
clai1llll, dcnumds, liens, or suits to Contractor and Surety, and provided
there is no Owner Default.
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3. With respect to Claimants. this obligation shall be null and void if ContrllCIOf
promptly makes payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants un4er this Bond until:
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4.1. Claimants who are employed by or have a direc:t c:onlraCt with
Contractor have given notice to Surety (at the addresses described in
Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that
a claim is being made under this Bond an4, with substantial atCuracy,
the amount of the claim.
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4.2. Claimants who do not have a direct contract with Connctor:
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I. Have furnished wrillCll notice to Contractor and sent a copy, or
notice thereof, to Owner, within 90 days after having last pcrfonned
labor or but fumished mattrials or equipment included in the claim
litating, with substantial accuracy, the amount of the claim and the
name of the party to whom the materials or equipment were
furnished or supplied, or for whom the labor was done or
perl'mncd; and
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2. Have either received a rejection in whole or in part from Contractor,
or not received within 30 days of furnishing the above notice any
ComnnmicatiOll from CMb'actor by which Cootractor had indicated
the claim will be paid directly or indirectly; and
3. Not having been paid within the ab.:we 30 da)'ll, have sent a written
notice: to Surety and lent l copy. or notice: thereof, to Owner, stating
that a claim is being made under this Bond and enclosing a copy of
the previous written notice furnished to Contractor.
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5. If a notice: by a Claimant required by Paragraph 4 is provided by Owner to
Contractor or to Surety, that is sufficient compliance.
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6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall
promptly and at Surety's expense take the following actions:
6.1. Send an lUISwer to that Claimant, with a cO?Y to Owner, within 4S days
after receipt of the: claim, stalins the IIJ:l:lOUIlls that are undisputed and
the basis for challenging any lffiOUnts that arc disputed.
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6.2. Payor ammgc for payment of any undisputed amounts.
7. Surety's total obliption shall not exceed the: amount of this Bond, and the
atnOlmt of this Bond shall be credited for any payments made in good faith by
Surety.
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8. Amounts owed by Owner to Contractor under the Contract shall be used for
the performance of the Contract and to satisfy claitnli, if any, under lUIy
performance bone!. By Conl1actor furnishing md Owner accepting this Bond,
they agree that all funds earned by ContraCtor in the performance of the: Contract
arc dedicated to satisfy obliptiOl\$ of ContractOf and Surety under this Bond,
subject to Owner's priority to use the funds for die completion of the Work.
9. Surety shall not be liable to Owner, Claimants, or others for obligations of
Contractor him: unrelated to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have: under this Bond no obliptiOllS to make paymenl$ to, give notices OIl behalf
of, or otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, inCluding changes of time, to the
Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in whic:h the Work or
part of the Work is located or af\er the expiration of one )'eaT from the: date (I)
00 which the Claimant gave the: notice required by Paragraph 4.1 or PBI1lgrBph
4.23, or (2) on which the last labor or service was performed by anyone or the
11ISt materials or equipment were furnished by anyone under the Construction
Contract, vffiichcver of (I) or (2) first occurs. IC the provisions of this pangraph
are void Of prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
addresses shown on the signature page. Actual receipt of notice by Surety,
Owner, or Contractor, however accomplWhcd, shaIl be sufficient compliance as
of the date received at the address shown on the sipwre page.
13. When this Bond has been furnished toclJt11)1y with a stawtory requirement
in the location where the Contract Wl\8 to be pafonned. any provision in this
Bond conflicting with said statutory requirement shall be dmned dele:tetl
herefrorn and provisions conforming to such stan1tory requimncnt shall be
deemeod incorporated min. The intent is that this Bond shall be construed as a
statuloly Bond and nOl as a common law bond.
14. Upon request of any person or entity IppCIIring to be a potential beneficiary
of this Bond. Contractor shan promptly furnish a copy of this Bond or shall
pmnit a cgpy to be: made.
IS. DEFINITIONS
15.1. Claimant AIl individual or entity having a direct contract with
ContraCtor, or with a first-tier subconlnetor af Conlnlctor, to furnish
labor, materials, or equipment for use in the perfunnancc: of the
Contm:t. The intent of this Bond shalt be to include without limitation
in the tennS "labor, materials or equipment" that part of water, gas,
power, light, heat, oil. gasoline, telephone service, or rental equipm=nt
used in the Contract. archib!etural and engineering services required for
performance of the Work of Contractor and Contractor's
Subcontractors, and all other itcm& for which a mechanic's lien may be
aascrted in the jurisdiction where the labor, materials, or equipment
were furnished.
15.2. Contm;t: The agreement between Owner and Contrillctor identified on
the signature page, including all Cootnct Documents and changes
thereto.
15.3. Owner DefllUlt Failure or Owner, which has neithcrb<:en remedied nor
waived, to pay Contt1letor as n:quiml by the: Contm;t or to perform and
complete or comply with the other terms thereof.
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FOR INFORMATION ONLY - Nantt, Addrea and TdepboDC
Surety AJeoey or Broker: Willis of Minnesota, Inc.
D_tr'. Repraatlltivl (clIglofer or other party):
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4000 Olson Memorial Highway, Suite 300, Minneapolis, MN 55422
00615--2
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Client#: 4861
MTCONTRA
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4CORDT" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
08/01106
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hoiness LaBar Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
A Member of Payne Financial Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 30638
Billings, MT 59107-0638 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: ACE American Insurance Co.
JTl Group/Belgrade INSURER B'
PO Box 9
INSURER C:
Belgrade, MT 59714 INSURER D:
INSURER E.
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COVERAGES
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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 MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
'Li-~R' NSR[ TYPE OF INSURANCE POLICY NUMBER PDO;+~~~~i6'8JJ~\E Pg~flr~>;:'~~~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
-
- COMMERCIAL GENERAL LIABILITY ~~~6~~JO _RENTED $
[J CLAIMS MADE D OCCUR MED EXP (Anyone person) $
-
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $
"I nPRO- n
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea acc;dent)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- $
NON-QWNED AUTOS (Per accident)
-
- I'ROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
H ANY AUTO OTHER THAN EA ACC $
AUTO ONLY. AGG S
OESS/UMBRELLA LIAI:'lILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBlE $
RETENTION $ $
WORKERS COMPENSATION AND I WC STATU- I IOTH-
TnRY liMITS FR
EMPlOYERS' LIABILITY
ANY PROPRIETORlr-ARfNER/EXECUTIVE E.L. EACH ACCIDI"NT $
OFFICER/MEMBER EXCLUDED" E.L. DISEASE - EA EMr'LOYEE $
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE. POLICY LIMIT $
A OTHI"R Workers Comp WCUC42795136 01/01/06 01/01/07 Coverage A - Statutory
Employers Liability-NIL
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED I:'lY ENDORSEMENT I SPECIAL PROVISIONS
Subject to the terms and conditions of the policy as issued by the Insurance Company.
SIR for Work Comp $750,000 each accident. Covers Montana State Resident Employees.
All claims are administered by the Montana Contractor Compensation Fund.
JOB: 2006 Curbing & Sidewalk Improvements
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CERTIFICATE HOLDER
CANCELLATION
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SHOUW ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Bozeman DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ----6.0.- DAYS WRITTEN
PO Box 1230 NOTICE TO THE CERTIFICATE HOWER NAMED TO THE LEFT, I:'lUT FAILURE TO DO SO SHALL
Bozeman, MT 59771-1230 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENT A TlVES,
A("!ORIZED REPRESENTATIVE
",
II 1/ .
ACORD 25 2001/08 '-.- @ ACORD CORPORATION 1988
) 1 of 2
#S246358/M216072
VE1
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IMPORTANT
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If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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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).
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DISCLAIMER
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The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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ACORD 25-5 (2001/08)
2 of 2
#S246358/M216072
RODUCE:R
Marsh USA Inc.
333 South 7th Street, Suite 1600
Minneapolis, MN 55402-2400
'43750-JTLBE-GAX-
if~:,%-::;:::I:"x.x:.::... .. ~.z;;':'..~:::::.
CE:RTIFICATE: NUMBE:R
CHI-001513155-01
THIS CE:RTIFICATE: IS ISSUE:D AS A MATTE:R OF INFORMATION ONLY AND CONFE:RS
NO RIGHTS UPON THE: CE:RTIFICATE: HOLDER OTHER THAN THOSE PROVIDED 11II THE
POLIcY. THIS CERTIFICATE: DOES NOT AMEND, EXTEND OR AlTER THE COVE:RAGE
AFFORDED Iff THE POLICIES DESCRIBED HEREIIl.
COMPANIES AFFORDING COVERAGE
CQlAPt>NY
A LIBERTY MUTUAL FIRE INS. CO.
fSURE:D
JTL GROUP, INC. - BELGRADE
PO BOX 9
BELGRADE, MT 59714-0009
CQlAPt>NY
B ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LTD.
CQlAP t>NY
C
CQlAPt>NY
D
i9~~~~*t~~;;~.,~.~~~:]Jjji.mf~ijW~~I~'t~..n.'. . w ...". ~., ,. d_,~~%mit~l$im'
THIS IS TO CERTIFY THAT paJClES OF INSJRANCE DESCRIBED HEREIN HAVE' SE;EN ISSUED TO THE INSJRED NIIMED HffiEIN FOR THE PQICY PERIOD INDICATED
I NOTWTHsrANDING ANY REQUIREMENT, TERM OR CONDITICN OF ANY CONTRACT OR aTHffi DOaJMENT \MTH RESPECT TO WHICH THE CffiTIFICATE MAY BE ISSJED OR MAY
PF.RTAlN, THE' INSJRANCE AFFORDED BY THE POUClES DESCRIBED HERBN IS SUBJECT TO ,&lL THE TERM~ CONDITIONS AND EXCLUSQNS CF SUQ1 POLICIES AGGRE'GATE
LIMITS SiO\M'.l MAY HAVE' BEEN REDUCED BY PAID CLAIMS.
TYPE: OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLIcY EXPIRATIOO L1M ITS
DATE (M M /DDIYY) DATE (MM/DDrvY)
01101106 01101107 GENERALAGGREGAT~ $ 2,000,000
PRODUCTS" COItIP/OP AGG $ 2,000,000
PEROONI'L &ADVINJURY $ 1,000,000
EACH OCaJRRE:NCE $ 1,000,000
$ 500,000
$ 10,000
01101106 01101107 COMBINED 9NGLE: L.lMIT $ 1 ,000,000
BODIL Y INJURY $
(Per p...."")
BODIL Y INJURY $
(Per a<x:ldMl)
PROPERTY DMIIAGE $
GEIlERAL UABILITY RG2641 005097-046
COMMERCIAl. GENERAL LIABILITY I
CLAIMS MADE ~ OCCUR
CMNER'S & CCNTRACTOR'S PROT
PFR PROJFr.T AGGRFGAT
IlI.ITOM08ILE L1ABIUTY
AS2641 005097-056
ANY AUTO
I'LL ONNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
ANY AUTO
AUTO ONLY -EAACCIDENT $
ctrHER THAN AUTO ONLY. ~.EJ39h:i=i~ci~-:-00%lir:
GARf>.IlE LIABILITY
X0259A1A06
01101106
01101107
EACH ACCIDENT
AGGREGATe'
EACH OCCURRENCIE
AGGRE;GATE
5,000,000
5,000,000
---1
UMBRELLA FORM
X OTHER THAN UMBRELLA FORM
WORKERS COMPENSA lOll AND
EMPLOYERS" LIABilITY
;~' -1;:~~~llif~1'
THE PROPRI80RI
P~RTNFRSIE'XECUTIVE
CFFICERS ARE'
INGL I
EX.Cl,
$
E'L DISEASE-PQLICY LIMIT $
EL DISEASE-EACH EMPLOYEE $
DESCRIPTION OF OPERf>.TIONSILOCATlONSNEHICLES/SPEClAL ITEMS
Re: 2006 Curving and Sidewalk Improvements
City of Bozeman is (are) induded as an additional insured as required by written contract as respects the General Uabillty
~I a-IOULO A"^' OF THE PouClEs DESCIllaED """-EIN BE cANCELLED BEFO"E THE EXPI"ATION DATE TI-EREa:
Tl-t:! tNSJR.E~ ^FFORnlNG COVE!RA~ WLL e~eAVCA TO Mll.IL ....-..4!i nAYS WRITTEN NOTICE TO ,He:
~I~ o~~o~~~Oan ce"-T1FlcATE I1QDE"- W\t.'eD HE"-.'N Bl/T FAILUflE TO ~L !UCH NOTICE SHALL IMeaSE NO oaU""T1CN '"
Bozeman, MT 59771 UASICITYOF A,,^,KIN1IJ1>ONTI-E INaJR.ER AFFoRDING calE"-AGS ITS AGSNTS 0"- "-EP"-ESENTATIIISS OR n".
~ 15SlJE~ OFT1-ISCEFtT1FICA1'e
MARSH USA INC.
BY: ChristyN.Miller ~~ily~ ~
,;;~~!~!I;~~;!'li~li'"I'"'''ltl(IIII;!I~/' ,~,w'VAUC~A~:'~:;~t~~~;~:~i0R7f~,:j,,':,;i
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STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
(See Montana Public Works Standard Specifications 5th Edition)
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SECTION 00810
SUPPLEMENT ARY CONDITIONS TO THE GENERAL CONDITIONS
These Supplementary Conditions to the General Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions
of the Contract Documents as indicated below. All provisions that are not so amended or
supplemented remain in full force and effect.
SC - 2.01 DELIVERY OF BONDS
Add the following to Paragraph: 2.01.A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract
Documents bound therewith. Contractor shall execute the A&'feement, attach executed
copies of the required Bonds and Power of Attorney and Certificate of Insurance and
submit an copies to Engineer who will forward them to the Owner. Owner shall execute
all copies and return two copies to the Contractor. Owner shall also furnish a counterpart
or conformed copy to the Engineer and shall retain three copies.
SC - 2.03 NOTICE TO PROCEED
Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following
in its place:
Following the execution of the Agreement by the Owner and the Contractor, written
Notice to Proceed with the Work shall be given by the Owner to the Contractor. The
Contract Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.05 BEFORE STARTING CONSTRUCTION
Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is
to read as follows:
2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, owned or rented by the Contractor and all Subcontractors that will be used in the
performance of the Work. The equipment list will include infonnation necessary to
confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and year of manufacture as well as
the horse power, capacity or weight, and accessories.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 1 of 12
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SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES
Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the
following in its place:
Prior to the first application for payment all schedules and documents identified in
paragraph 2.0S.A shall be finalized and acceptable to the Engineer and Owner. No
progress payment shall be made to Contractor until acceptable schedules are submitted to
Engineer and Owner as provided below. Acceptance of these schedules and documents
by either Engineer or Owner will neither impose on Engineer or Owner responsibility for
the sequencing, scheduling or progress of the Work and will not interfere with or relieve
Contractor from Contractor's full responsibility therefore.
Add the following after Paragraph 2.07.A.3:
Contractor's Schedule of Equipment will be acceptable to Engineer as to fonn and
substance if it provides the necessary information to reference the equipment and
establish the hourly rates in accordance with paragraph II.OI.A.S .c.
SC - 4.01 A V AILABILITY OF LANDS
Add to Paragraph 4.01.C of the General Conditions the following:
If it is necessary or desirable that the Contractor use land outside of the Owner's
easement or right-of-way, the Contractor shall obtain consent from the property owner
and tenant of the land. The Contractor shall not enter for materials delivery or occupy for
any other purpose with men, tools, equipment, construction materials, or with materials
excavated from the site, any private property outside the designated construction
easement boundaries or right-of-way without written permission from the property owner
and tenant.
SC - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS
Delete the first sentence of 4.02.A and replace with the following:
A. Reports and Drawings: The Special Provisions identify:
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 2 of 12
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SC ~ 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS
Add the following to the end of Paragraphs 4.03.A.
Contractor to notify Owner and Engineer in wntmg 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 begilU1ing any excavation,
the Contractor shall according to MCA 69-4-501, notify all owners of
underground facilities and coordinate the Work with the owners of such
underground facilities. The information shown or indicated in the Contract
Documents with respect to existing underground facilities is based on information
and data obtained from the owners of the facilities without field exploration, and
as such, Owner and Engineer are not responsible for the accuracy or completeness
of such information or data.
SC - 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE
Change the first sentence of paragraph A to read as follows:
A. Reports and Drawings: Reference is made to the Special Provisions for the
identification.. ...
SC- 5.02 LICENSED SURETIES AND INSURERS
Add the following to the end of Paragraph 5.02.A
Without limiting any of the other obligations or liabilities of the Contractor, Contractor
shall secure and maintain such insurance from an insurance company (or companies)
authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating"
of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner
and the Engineer and their agents and employees from claims for bodily injury, or
property damage which may arise from operations and completed operations under this
Agreement. Contractor shall not commence work under this Agreement until such
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 3 of 12
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insurance has been obtained and certificates of insurance, with binders, or certified
copies of the insurance policy shall have been filed with the Owner and the Engineer.
All insurance coverages shall remain in effect throughout the life of the Agreement,
except that the Contractor shall maintain the Commercial General Liability Policy
including product and completed operations coverage for a period of at least one year
following the substantial completion date for property damage resulting from
occurrences during the agreement period.
SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations:
1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General
Conditions.
State
Applicable Federal (e.g. Longshoremans)
Employer's Liability
Statutory
Statutory
$ 500,000.00
a.
b.
c.
2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of
the General Conditions which shall also include completed operations and product
liability coverage.
GENERAL AGGREGATE
$ 3,000,000.00
a.
b.
Products-Completed
Operations Aggregate
$ 3,000,000.00
c. Personal and Advertising
d.
Each Occurrence
(Bodily Injury and
Property Damage)
$ 1,000,000.00
e. Coverage will include:
1. Premises p Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 4 of 12
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5 Products and Completed Operations
6. Broad Form Property Damage will include explosion,
collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement
3.
Automobile Liability under Paragraph 5.04.A.6 ofthe General Conditions:
a.
Bodily Injury:
Each Person
Each Accident
$ 500,000.00
$ 1,000,000.00
Property Damage:
Each Accident
$1,000,000.00
(or)
b.
Combined Single Limit
$ 1,000,000.00
Coverage to Include
1 . All Owned
2. Hired
3. Non-Owned
4.
Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00.
Deductible not to exceed $5,000.00 per occurrence on property damage.
5.
Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions
as follows:
The Contractor's insurance coverage shall name the Owner, and Engineer and
Engineer's Consultants as an additional insured under Commercial General
Liability, Automobile Liability, Excess or Umbrella polices.
6.
The Contractual Liability coverage required by Paragraph 5.04.BA. of the
General Conditions shall provide coverage for not less than the following
amounts:
Each Occurrence
Aggregate
$ 1.000,000.00
$ 3,000,000.00
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERA.L CONDITIONS
Page 5 of 12
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SC- 5.04.B.5 CANCELATION NOTICE
Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30
days" and replacing them with the words "45 days" and as so amended paragraph
5.04.B.5 remains in effect.
SC - 5.06 PROPERTY INSURANCE
Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its
place:
A. Contractor shall purchase and maintain property insurance upon the work at the
site in the amount of the full replacement cost thereof (subject to such deductible
amounts as may be provided in these Supplementary Conditions or required by
Laws and Regulations). This insurance shall:
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
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 6 of 12
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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.C of the General Conditions.
D. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this paragraph 5.06.A shall comply with the requirements of
GC - 5.06.C. The qualifications of the insurance company shall comply with the
requirements of SC - 5.02.A.
SC-6.02 WORKING HOURS
Add the following to Paragraph 6.02.B:
Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be
done without prior permission.
SC-6.04 PROGRESS SCHEDULE
Delete Paragraph 6.04.A.l of the General Conditions In its entirety and replace with the
following:
1. Contractor shall submit to Engineer with each application for payment an updated
progress schedule reflecting the amount of work completed and adjustments to future
work. Such adjustments will be acceptable to Engineer as providing an orderly
progression of the Work to completion within any specified milestones and the Contract
Time. No progress payment will be made to Contractor until the updated schedules are
submitted to and acceptable to Engineer and Owner. Review and acceptance of progress
schedules by the Engineer will neither impose on Engineer responsibility for. the
sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor
from Contractor's full responsibility therefore.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 7 of12
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sc- 6.13 SAFETY AND PROTECTION
Add new paragraphs to the end of paragraph 6.13.0 of the General Conditions as follows:
E. It is expressly understood by the parties to this Agreement that the Contractor is
solely responsible for initiating, maintaining, and supervising safety precautions
and programs in connection with the Work. The right of the Owner and Engineer
to observe or otheIWise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and work
schedules including preconstruction and scheduled monthly safety meetings,
posted safety rules, tailgate meetings, and site inspections by safety and other
inspectors employed by the Contractor.
F. The Contractor shall be responsible for and shall take necessary precautions and
provide all material and equipment to protect, shore, brace, support and maintain
all underground pipes, conduits, drains, sewers, water mains, gas mains, cables,
etc., and other underground construction uncovered in the proximity, or otheIWise
affected by the construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected
property owner at the Contractor's expense. The Contractor shall also be
responsible for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property or facility,
regardless of location or character, which may be caused by moving, hauling, or
otheIWise transporting equipment, materials, or men to and from the work or any
part of site thereof; whether by him or his subcontractors. The Contractor shall
make satisfactory and acceptable arrangements with owner of, or the agency or
authority having jurisdiction over, the damaged property or facility concerning its
repair or replacement or payment of costs incurred in connection with said
damage.
G. The Contractor shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross,
obstruct, or close roads, driveways, and walks, whether public or private, the
Contractor shall obtain approval from the governing party and shall, at his own
expense, provide and maintain suitable and safe bridges, detours, and other
temporary expedients for the accommodation of public and private drives before
interfering with them. The provisions for temporary expedients will not be
required when the Contractor has obtained permission from the owner and tenant
of the private property, or from the authority having jurisdiction over public
property involved, to obstruct traffic at the designated point.
H. Safety provisions must be entirely adequate and meet with City or State and
Federal regulations to protect the public on these streets and roads.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
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SC- 6.20 INDEMNIFICATION
Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to
read as follows:
While Owner and Engineer may have the right under this Contract to observe or
otherwise review the work, progress and operations of the Contractor, it is
expressly understood and agreed that such observation shall not relieve the
Contractor from any of its covenants and obligations hereunder.
SC-9.03 PROJECT 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- ] 1.01 COST OF THE WORK
Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in
its place:
11.01.A.5.c The cost for the use of all construction equipment and machinery and parts
thereof whether owned by the Contractor or rented from others. The cost shall be
calculated as follows and will include the costs of transportation, loading, unloading,
assembly, dismantling and removal thereof for equipment involved only in the changed
portion of the work covered under the cost of the Work method. Transportati on, loading
and assembly costs will not be included for equipment already on the site which is being
used for other portions of the Work. The cost of any such equipment, machinery, or parts
shall cease when the use thereof is no longer necessary for the Wark. 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.
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For equipment on standby, the hourly rate shall be 50% of the monthly
rental rate divided by 176 hours per month, and the hourly operating cost
shall not be applied.
3.
For specialized equipment rented for a short duration used for change
order work or additional work not part of the scope of work bid, the
equipment rental rates will be negotiated prior to the work being
performed.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 9 of 12
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SC-ll.03 UNIT PRICE WORK
Delete paragraph I1.03.D.1 and 2 of the General Conditions m its entirety and insert the
following in its place:
1. the quantity of a particular item of Unit Price Work performed by Contractor differs by
more than 25% from the estimated quantity of such item indicated in the Agreement, and
2. the total cost of the particular individual item of Unit Price Work amounts to 10% or
more of the Contract Price which is the total sum of all schedules (if any), and
SC-14.02.A APPLICATIONS FOR PAYMENTS
Add the following language at the end of paragraph 14.02.A.l of the General Conditions:
Payments for materials in storage shall be based only upon the actual cost of the materials
and equipment to Contractor and shall not include any overhead or profit. Bill of Sale,
invoice or other document warranting clear title for materials in storage will be waived
for the material in storage included in the first progress payment application. However,
proof of payment and clear title must be submitted with Application No.2 for all material
included in Application No.1. Without such documentation amounts paid for materials in
storage will be deducted from subsequent payments. Beginning with the second
application, all requests for payment for materials in storage shall be accompanied by Bill
of Sale, invoice or other document warranting clear title as required above.
Add the following to Paragraph 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 l4.02.B.5.a through I4.02.B.5.d inclusive, I4.02.D.1.a. through
14.02.D.1.d inclusive, or I5.02.e. In addition retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and to
offset any liquidated damages due Owner.
Add a new paragraph after paragraph to 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
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
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SC -14.02.C PAYMENT BECOMES DUE
Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in
its place:
1. The Owner will, upon presentation to him of the Contractor's Application for
Payment with Engineer's recommendation, review and act upon said payment
request once each month on or about the day of each month stipulated by the
Owner at the preconstruction conference. Payment will become due when Owner
approves the application for payment and will be paid by Owner to Contractor
with in 30 days of the day of the month stipulated above at the preconstruction
conference.
SC- 14.02.D.l.c
Amend the sentence of Paragraph 14.02.D.l.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 full insurable value thereof. Passing title to
Owner for materials and equipment included in an application for payment does not
relieve the Contractor of the Contractor's obligation to provide insurance (including
property insurance) as required in Article 5 of the General Conditions and these
Supplementary Conditions. All insurance shall remain in effect as provided in Article 5.
sc- 14.05 PARTIAL UTILIZATION
Add the following to Paragraph 14.05.A:
Owner has the right to take possession of or use any completed or substantially
completed portions of the work at any time, but such taking possession or use will not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. Owner's use of any facilities so identified in the Contract Documents will
not be grounds for extension of the contract time or change in the contract price. Owner's
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 11 of12
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use of any facilities not specifically identified in the Contract Documents will be in
accordance with conditions agreed to prior to such use, and any extra costs or delays in
completion incurred and properly claimed by Contractor will be equitably adjusted with a
Change Order. Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by Owner prior to substantial completion of the
entire work will be done in accordance with General Conditions 14.04. Guarantee
periods for accepted or substantially completed work including mechanical and electrical
equipment will commence upon the start of continuous use by Owner. All tests and
instruction of Owner's personnel must be satisfactorily completed, and Owner shall
assume responsibility for and operation of all facilities occupied or used except as may
arise through portions of work not yet completed by Contractor If the work has been
substantially completed and the Engineer certifies that full completion thereof is
materially delayed through no fault of the Contractor, the Owner shall, without
terminating the Agreement, make payment of the balance due for the portion of the work
fully completed and accepted.
SC-14.06 FINAL INSPECTION
Add the following to Paragraph l4.06.A:
After Contractor has remedied all deficiencies to the satisfaction of the Engineer and
delivered all construction records, maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, and other documents (all as required by the
Contract Documents), Owner and Contractor shall be promptly notified in writing by
Engineer that the work is acceptable.
SC-17.01 GIVING NOTICE
Add the following to Paragraph l7.01.A:
The mailing address for giving notices to Contractor given in the Agreement is hereby
designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered. The mailing address for giving notices to Owner
given in the Agreement is hereby designated as the place to which all notices, letters, and
other communication to Owner shall be mailed or delivered. Either party may change his
address at any time by an instrument in writing delivered to Engineer and to other party.
END OF SECTION
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
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MONTANA PREVAILING WAGE RATES
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Highway Construction
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Rates effective: March 10,2006
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Brian Schweitzer, Governor
State of Montana
Keith Kelly, Commissioner
Department of labor & Industry
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To obtain copies of prevailing wage rate schedules, contact:
Research and Analysis Bureau, Workforce Services Division
Montana Department of Labor and Industry
P. O. Box 1728,840 Helena Ave.
Helena, MT 59624-1728
Phone 406-444-2430 FAX 406-444-2638
Toll free 800-541-3904
TDD 406-444-0532
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We're also on the Internet at: www.ourfactsyourfuture.org
For information relating to public works projects and payment of
prevailing wage rates visit ERD at: www.mtwagehourbopa.com or contact them at
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Employment Relations Division
Montana Department of Labor and Industry
P. O. Box 6518
Helena, MT 59604-6518
Phone 406-444-5600
TOD 406-444-5549
The Research and Analysis Bureau welcomes questions, comments and suggestions from the public.
In addition, we'll do our best to provide information in accessible format, on request, in compliance
with the Americans with Disabilities Act.
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TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
A. Date of Publication..................................................................4
B. Definition of Highway Construction.......................................4
C. Definition of Public Works Projects........................................4
D. Prevailing Wage Schedule.... ..... ......... ...... ......................... ......4
E. Fringe Benefits................................................................... . . ...5
F. Apprentices.... ........ .... ................................. .......................... ...6
G. Posting Notice of Prevailing Wage.................................. .......6
H. Employment Preference................................................... .......6
1. Rates to use for Projects..................................................... ......6
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MONTANA PREVAILING WAGE RATES
Highway Construction
Rates effective: March 10.2006
Brian Schweitzer, Governor
State of Montana
Keith Kelly, Commissioner
Department of Labor & Industry
To obtain copies of prevailing wage rate schedules, contact:
Research and Analysis Bureau, Workforce Services Division
Montana Department of Labor and Industry
P. O. Box 1728, 840 Helena Ave.
Helena, MT 59624-1728
Phone 406-444-2430 FAX 406-444-2638
Toll free 800-541-3904
TOO 406-444-0532
We're also on the Internet at: www.ourfactsyourfuture.org
For information relating to public works projects and payment of
prevailing wage rates visit ERD at: www.mtwagehourbopa.com or contact them at
Employment Relations Division
Montana Department of Labor and Industry
P. O. Box 6518
Helena, MT 59604~6518
Phone 406-444-5600
TOO 406-444-5549
The Research and Analysis Bureau welcomes questions, comments and suggestions from the public.
In addition, we'll do our best to provide information in accessible format, on request, in compliance
with the Americans with Disabilities Act.
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TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
A. Date of Publication....... ......................... ....... ..... ............. .........4
B. Definition of Highway Construction.......... ......... ...... ..............4
C. Definition of Public Works Projects........................................4
D. Prevailing Wage Schedule.......................................................4
E. Fringe Benefits..................................................................... ...5
F. Apprentices............ ........ .................................................. .... ....6
G. Posting Notice of Prevailing Wage.........................................6
H. Employment Preference................................................... .......6
1. Rates to use for Projccts...........................................................6
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MONTANA PREVAILING WAGE REQUIREMENTS
Hiahwav Construction
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The Commissioner ofthc Department of Labor and Industry, in accordance with Sections
18-2-40 I and 18-2-402 of the Montana Code Annotated, has determined the standard
prevailing rate of wages for the occupations listed in this publication.
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The wages specified herein control the prevailing rate of wages for thc purposes of 18-2-
401, et seq., Montana Code Annotated. It is required that each employer pay, as a
minimum, the rate of wages, including fringe benefits and zone pay applicable to those
occupations in which the work is being performed, as provided in the attached wage
determinations.
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All Montana Prevailing Wage Rates are available on the Internet at:
www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at
(800) 541-3904 or TDD (406) 444~0532.
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In addition, this publication provides general information concerning compliance with
Montana's Prevailing Wage Law and payment of prevailing wages. For detailed
compliance information relating to Public Works projects and payment of prevailing
wage rates, please consult the Regulations on the Internet at:
www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600
or TDD (406) 444-5549.
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KEITH KELLY
Commissioner
Department of Labor and Industry
State of Montana
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A. Date of Pub lie at ion: March 10,2006
B. Definition of Highway Construction
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The Administrative Rules of Montana (ARM) 24.17.501 (3) - 3(a), Public Works
Contracts For Construction Services Subject to Prevailing Rates, states that "Highway
construction projects include, but are not limited to. the construction, alteration, or repair
of roads, streets. highways, runways, taxiways, alleys. trails, paths, and parking areas,
bridges constructed or repaired in conjunction with highway work, and other similar
projects not incidental to building construction or heavy construction.
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Highways construction projects include, but are not limited to, alleys, base courses,
bituminous treatments, bridle paths, concrete pavement, curbs, excavation and
embankment (for road construction), fencing (highway), grade crossing elimination
(overpasses or underpasses), guard rails on highways, highway signs, highway bridges
(overpasses, underpasses, grade separation). medians, parking lots, parkways, resurfacing
streets and highways. roadbeds, roadways, runways, shoulders, stabilizing courses, storm
sewers incidental to road construction, street paving, surface courses, taxiways, and
trails."
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Federal Davis.Bacon wage rates as published in U,S. Department of Labor General Wage
Decision No. MT20030002 10/0712005 have been adopted by the Montana Department
of Labor and Industry for use in Highway Construction projects and are included in this
publication. These rates apply statewide or as shown in MT20030002 10/07/2005.
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C. Definition of Public Works Projects
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The Montana Code Annotated (18-2-401 (11 )(a)) defines "public works contract" as '''a
contract for construction services let by the state, county, municipality, school district, or
political subdivision or for nonconstruction services let by the state, county, municipality,
or political subdivision is which the total cost ofthe contract is in excess of$25,000."
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D. Prevailing Wage Schedule
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This publication covers only Highway Construction occupations and rates in the specific
localities mentioned herein. These rates will remain in effect until superseded by a more
current publication. Current prevailing wage rates schedules for Building Construction,
Heavy Construction and Non-construction Services occupations can be found on the
Internet at www.ourfactsyourfuture.org or by contacting the Research and Ana]ysis
Bureau at (800) 541-3904 or TOO (406) 444-0532.
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E. Fringe Benefits
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Section 18-2-412 of the Montana Code Annotated states that:
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"(1 )... a contractor or subcontractor may: (a) pay the amount of fringe benefits and the
basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the
worker or employee in cash;
(b) make an irrevocable contribution to a trustee or a third person pursuant to a
fringe benefit fund, plan, or program that meets the requirements of the Employee
Retirement Income Security Act of 1974 or that is a bona fide program approved by the
United States Department of Labor; or
(c) make payments using any combination of methods set forth in subsections
(1 )(a) and (I )(h) so that the aggregate of payments and contributions is not less than the
standard prevailing rate of wages, including fringe benefits for health and welfare and
pension contributions that meet the requirements of the Employee Retirement Income
Security Act of 1974, travel, or other bona fide programs approved by the United States
Department of Labor, that is applicable to the district for the particular type of work
being performed.
(2) The fringe benefit fund, plan, or program described in subsection (I )(b) must provide
benefits to workers or employees for health care, pensions on retirement or death, life
insurance, disability and sickness insurance, or bona fide programs that meet the
requirements ofthe Employee Retirement Income Security Act of 1974 or that are
approved by the United States Department of Labor:'
Employers are obligated to pay the wage rates and fringes as listed in the booklet,
including the zone hourly rate when applicable. For heavy and highway construction
occupations, the vacation benefit amount is not included in the prevailing wage rate,
unless stated otherwise.
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.
F. Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship
programs are contained in those programs. However. apprentices not registered in
approved federal or state apprenticeship programs will be paid the prevailing wage rate
when working on a public works contract.
G.I'osting Notice of Prevailing Wages
Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors,
and employers who are performing work or providing services under public works
contracts as provided in this part shall post in a prominent and accessible site on the
project or work area, not later than the first day of work, a legible statement of all wages
to be paid to the employees on such site or work area.
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H. Employment Preference
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Sections 18-2-403 and 18-2-409, Montana Code Annotated require contractors to give
preference to the employment of bona fide Montana residents in the performance of work
on public works contracts.
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1. Rates to Use for Projects
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Rates to be used on a public works project are those that are in effect at the time the
project and bid specifications are advertised.
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MONTANA STATEWIDE PREVAILING
DAVIS-BACON
Rates Effective: March 10, 2006
HIGHWAY CONSTRUCTION WAGE RATES
General Wage Determinations Issued Under
the Davis-Bacon and Related Acts
State: Montana
Construction Types: Highway
Counties: Montana Statewide.
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HIGHWAY CONSTRUCTION PROJECTS
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**ZONE PAY**
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CARPENTERS, CEMENTS MASONS, IRON WORKERS, LABORERS, POWER
EQUIPMENT OPERATORS, TRUCK DRIVERS
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The hourly wage rates applicable to each project shall be
determined by measuring the road miles over the shortest
practical maintained route from the County Court House of
the following towns to the center of the job:
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BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA,
KALISPELL, LEWISTOWN, MILES CITY, MISSOULA
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ZONE 1:
ZONE 2:
ZONE 3:
o to 30 miles
30 to 60 miles - Base Pay +$2.20
Over 60 miles - Base Pay + $3.20
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Rates
Fringes
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Carpenters:
Carpenter...................$ 21.64
Piledriverman...............$ 21.64
Cement Mason...................$ 19.39
6.00
6.00
6.00
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Electricians:
Area 1...................... $ 18. 74
Area ::::...................... $ 20.13
Area 3...................... $ 19.98
Area 4...................... $ 19.84
Area 5...................... $ 20.54
Area 6...................... $ 18.02
::::.93+3.806
4.76+3.806
3.44+3.8%
3.51+3.8"6
3.54+3.8%
3.44+3.8%
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ELECTRICIANS AREA DESCRIPTIONS
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AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson,
Madison, Silver Bow, and Powell Counties
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AREA 2: Big Horn, Carbon, Carter, Custer, Dawson,
Fallon, Garfield, Golden Valley, Musselshell, Powder River,
Prairie, Rosebud, Stillwater, Treasure, Wibaux, and
Yellowstone counties
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AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus,
Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum,
Pandera, Phillips, Richland, Roosevelt, Sheridan, Teton,
Toole, Valley, and Wheatland Counties
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AREA 4:
Counties
Broadwater, Lewis and Clark, and Meagher
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AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula,
Ravalli, and Sanders Counties
AREA 6:
Gallatin, Park, and Sweet Grass Counties
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Ironworker
Flathead, Glacier, Lake,
Lincoln, Mineral,
Missoula and Sanders Cos....$ 22.54
Remaining Counties..........$ 21.04
10.99
10.87
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Laborers:
Group 1................... _ . $ 15.59
Group 2....... . . . . . . . . . . . . . . $ 18. 16
Group 3......... _ . . . . . . . . . . . $ 18 _ 34
Group 4... _ _ . . . . . . . . . . . . . . . . $ 19.17
6.00
6.00
6.00
6.00
LABORERS CLASSIFICATIONS
GROUP 1:
Flag person
GROUP 2: All General Labor work; Burning Bar; Bucket
man; Carpenter Tender; Caisson Worker; Cement Mason Tender;
Cement Handler (dry); Chuck Tender; Choker Setter; Concrete
worker; Curb Machine-Lay Down; Crusher and Batch Plant
Worker; Fence Erector; Form Setter; Form Stripper; Heater
Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman
Tender; Rail and Truck Loaders and Unloaders; Riprapper;
Sealants for Concrete and other materials; Sign Erection,
Guard Rail and Jersey Rail; Stake Jumper; Spike Driver;
Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic
Control worker
GROUP 3: Concrete Vibrator; Dumpman (Grademan);
Equipment Handler; Geotextile and Liners; High-Pressure
Nozzlemen; Jackhammer (Pavement Breaker); Laser equipment;
Non-riding Rollers; Pipelayer; Posthole Digger (power);
Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter~
power; Tampers
GROUP 4: Ashpalt Raker; Cutting Torch; Grade Setter;
High-Scaler; Power Saws (Faller & Concrete); Powderman
($1.00 per hour above Group 4 rate); Rock & Core Drill;
Track or Truck mounted Wagon Drill; Welder including Air
Arc
Line Construction
Equipment Operator..... .....$ 19.16 5.05
Groundman..... .._........ ...$ 15.40 5.05
Painters: . . . . . . . . . . . . _ . . . . . . . . . $ 19.55 5.50
Pavement marking and related work. Includes operating
marking and all other equipment and all work involved in
traffic marking including removal, surface preparation and
application of pavement markings including epoxies, paints,
tape, buttons, thermo- plastics and any other products
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Highway Construction - Montana
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applied for traffic marking purposes and for directing and
regulating traffic
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Power Equipment Operator
Group 1..................... $ 19.54
Group 2..................... $ 20.43
Group 3..................... $ 21.19
Group 4..................... $ 21. 80
Group 5.................. _ . . $ 22.98
Group 6..................... $ 23.58
Group 7 _ . . . . . . . . . . . _ . . . . . . . . $ 25. 42
6.00
6.00
6.00
6.00
6.00
6.00
6.00
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POWER EQUIPMENT OPERATORS CLASSIFICATIONS
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GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine
Grader; Belt Finishing Machine; Boring Machine (small);
Cement Silo, Crane; Crusher Conveyor, DW-10, 15, and 20
Tractor Roller; Farm Tractor; Forklift; Form-Grader; Front-
end Loader under 1 cu yd;Oiler, Heavy Duty Drills; Pumpman;
Oiler (All, except Cranes and Shovels)
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GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to & incl
3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring
Machine, large: Broom, Self-Propelled; Concrete Bucket
Dispatcher; Concrete Conveyor; Concrete Finish Machine;
Concrete Float and Spreader; Concrete Travel Batcher;
Distributor; Dozer, Rubber tired, Push, and Side Boom;
Drills, Heavy Duty (all types); Elevating Grader/Gradall;
Field Equipment Serviceman; Front-end Loader 1 cu yd to and
incl. 5 cu yd; Grade Setter; Hoist/Tugger (All Hydralift &
Similar); Industrial Locomotive; Motor Patrol (Except
Finish); Mountain Skidder; Oiler, Cranes & Shovels;
Pavement Breaker, EMSCO; Power Saw, Self-Propelled;
pugmill; Pumpcrete/ Grout Machine; Punch Truck; Rollers
(All except Asphalt Finish and Breakdown); Ross Carrier;
Rotomill under 6 ft; Trenching Machine; Washing/Screening
Plant
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GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller;
Asphalt Paving Machine; Backhoe/Excavator/Shovel larger
than 3 cu yd; Asphalt Screed; Concrete Batch Plant;
Cableway Highline; Concrete Curing Machine; Cranes, 24 tons
& under; Cranes, Creter; Cranes, Electric Overhead;
Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer;
Mechanic/Welder; pioneer Dozer; Rotomill 6 ft and over;
Scraper, Single Engine; Scraper Twin or pulling Belly Dump;
Yo Yo Cat Front-end Loader over 5 cu yd;
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GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to
44 tons; Crusher Operator; Finish Motor Patrol; Finish
Scraper
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SPECIAL OPERATORS:
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GROUP 5:
Cranes, 45 tons to and including 74 tons
GROUP 6:
Cranes, 75 tons to and including 149 tons
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GROUP 7: Cranes, 150 tons to and including 250 tons;
Cranes over 250 tons: add $1.00 for every 100 tons over 250
tons; Crane, Stiff-Leg or Derrick; Crane, Tower all);
Crane, Whirley (all); Helicopter Hoist
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Truck drivers:
Group 1..................... $ 16.91
Group 2..................... $ 21.64
6.00
6.00
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GROUP 1:
Pilot Car
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GROUP 2: Combination Truck and Concrete Mixer and
Transit Mixer; Dry Batch Trucks; Distributor Driver;
Dumpman; Dump Trucks and similar equipment; Dumpster; Flat
Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck
Driver; Power Boom; Serviceman; Service Truck/Fuel
Truck/Tireperson; Truck Mechanic; Trucks with Power
Equipment; Warehouseman, Partsman, Cardex and Warehouse
Expeditor; Water Trucks
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
-----------~-~~---~----------~-~---~---------~-~~--~-------
~~~--~--~~---------~~~----------------~----~---------~~-~-~
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Unlisted classifications needed for work not included
within the scope of the classifications listed may be added
after award only as provided in the labor standards
contract clauses (29CFR 5.5 (a) (1) (ii)).
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In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other
designations indicate unions whose rates have been
determined to be prevailing.
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-----------------~~~~-~----~------------------~~--~--------
~---~----------------------------~~---~~~-~~------------~--
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END OF GENERAL DECISION
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SPECIAL PROVISIONS
1. GENERAL
The work to be performed under this contract involves furnishing all labor, materials,
equipment, supplies and services necessary for the installation of new concrete sidewalks and
pedestrian ramps, removal and replacement of concrete curbing, and the removal and
replacement of existing concrete sidewalks.
All work shall be performed in accordance with applicable sections of the Montana Public
Works Standard Specifications Fifth Edition (MPWSS), published March 2003; and is further
modified herein by the City of Bozeman Modifications to MPWSS, dated March 2004, which is
hereby included as part of these specifications. All references to MPWSS sections, unless
otherwise noted, is a reference to said Montana Public Works Standard Specifications.
All correspondence and official authorization concerning the work shall be with the City
Engineer or his designated representatives as identified at the preconstruction meeting. Any
changes in the Work or schedule not authorized by the above shall be deemed as
unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages,
reparations, and costs thus incurred during the progress of such unauthorized work shall be
borne exclusively by the Contractor.
2. SCOPE OF WORK
The work generally consists of installing new concrete sidewalks along Tamarack Street from
N. 3rd Avenue to Bozeman Avenue adjacent to the Gallatin County Fairgrounds, and
replacement of curbing on Curtiss Street between Willson Ave, and Tracy Ave., within the City
of Bozeman. Estimated quantities for each work location are listed in the Appendix B of these
Specifications. The work under this contract is all within public right-of-way.
All sidewalks constructed across driveways shall be a minimum of six (6) inches in thickness.
All other concrete sidewalks shall be four (4) inches in thickness, unless otherwise specified on
the plans.
The Contractor shall confine his work limits within the public right-of-way. Any topsoil or grass
removed outside of the right-of-way shall be replaced by the Contractor. The boulevard area
between the curb and the sidewalk shall be graded to slope at 1/4-inch per foot towards the
street unless otherwise specified by the Engineer. No separate measurement and payment
will be made for additional excavation or fill required to achieve the specified grade. If fill
material is required in the boulevard, the fill shall consist of topsoil free of rocks or other
deleterious material.
3. AWARD OF CONTRACT
The award of the contract, if awarded, will be made within the period specified in the Invitation
to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the
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requirements prescribed herein. The successful Bidderwill be natified by letter, mailed to. the
address shawn an the Bid, that his Bid has been accepted and that he has been awarded a
cantract.
4. TIME OF COMMENCEMENT AND COMPLETION DATE
The beginning af the Cantract Time shall be stated in a written NOTICE TO PROCEED written
by the City Engineer to. the Cantractor. In establishing the date when Cantract Time begins,
the Engineer will cansider that the cantract time begins fallawing delivery af the NOTICE TO
PROCEED. A separate natice to. praceed may be issued far each separate ar cambined bid
schedule. Where multiple schedules are awarded under a single cantract, the cantract times
shall run cancurrently. unless the City agrees to. issue separate natices to. proceed. The
Cantract Time will expire autamatically after the number af calendar days stated as Cantract
Time, except as the Cantract Time may be extended by change order.
5. UQUIDATED DAMAGES
Subject to. the pravisians af the Cantract Dacuments; the Ownershall be entitled to. liquidated
damages far'failureafthe B~dder to. camplete-theworkwithin the specifiedcantract time.
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The Bidder agrees to. pay liquidated damages farcampensatian to. the Owner far expenses
incurred by the Owner during the cantract time averrun.
As campensatian far expenses incurred, the Cantractar shall be assessed a liquidated
damage af $1 00.00 per calendar day far each day that the wark remains uncampleted beyand
the cantract periad. liquidated damages shall be paid by deductian from manthly pragress
payments and the final payment.
6. COST LIMITATIONS
The Owner reserves the right to. eliminate ar reduce certain praposal itemsfram the praject
fallawing the Bid Opening to. make the praject financially feasible with the limitatians af the
funds allacated for this praject. The determinatian af which items shall be eliminated shall be
the respansibility af the Owner.
7. NAMES, PRODUCTS AND SUBSTITUTIONS
Where products ar materials are specified by manufacturer, trade name, ar brand, such
designatians are intended to. indicate the required quality, type, utility, and finish. Requests for
prapased substitutian shall include camplete specificatians and descriptive data to. prove the
equality af prapased substitutians. Substitutians shall nat be made withaut the written
appraval of the Owner. No substitutions will be considered until after contract award.
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8. APPROVAL OF EQUIPMENT AND MATERIALS
The Contractor shall furnish to the Owner or its Engineer for approval the name of the
manufacturer of machinery, mechanical and other equipment and materials which he
contemplates using in execution of the work, together with the performance capacities and
such other information which may be pertinent or required by the Owner.
9. BIDDER'S QUALIFICATIONS
The Contractor shall show evidence that he has the finances, organization, and equipment to
perform the work with a limited number of subcontractors. The Contractor will be required to
have a full-time resident General Superintendent on the job at all times while the work is in
progress. He shall be in a position to direct the work and make decisions either directly or
through immediate contact with his superior. Absence or incompetence of the superintendent
shall be reason for the Owner to stop all work on the project.
10. WARRANTY
I'f; within one year'afteracceptance of the work by ,the Owner; any of the workis'foundto 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.
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12. PRECONSTRUCTION CONFERENCE
After the contract(s) have been awarded, but before the start of construction, a conference will
be held for the purpose of discussing requirements on such matters as project supervision,
on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract
change orders, insurance, safety, and any other items pertinent to the project. The Contractor
shall arrange to have all supervisory personnel and a representative from each of the affected
utility companies connected with the project on hand to meet with a representative of the
Owner to discuss the project and any problems anticipated.
13. SHOP AND FABRICATION DRAWINGS
The Contractor shall prepare anq 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"desrgn 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.
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14. UNDERGROUND UTILITIES
The Contractor shall be responsible for checking with the Owners of underground utilities such
as the City, County, power and telephone companies, etc. as to the location of their
underground installations in the project area. The Contractor shall be solely responsible for
any damage done to these installations due to failure to locate them or to properly protect
.. them when their location is known.
It shall be solely the responsibility of the Contractor to fully coordinate his work with the
agencies and to keep them informed of his construction activities so that these vital
installations are fully protected at all times.
A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate
requests for underground faCility located information. The Contractor is responsible for
contacting the One-call system prior to any excavation.
15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY
The Contractor shall contain all of his construction operations within the easements and rights
of way unless written approval is secured from the owner of the adjoining property or written
approval is given by the Owner to utilize the adjacent land area. Right-of-way is typically
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located one foot from the edge of sidewalk as shown on the standard drawings.
16. TRAFFIC CONTROL
A. General. The Contractor shall at all times conduct his operations so that there is a
minimum interruption in the use of the City's streets affected by the work. Exact procedures in
this respect shall be established in advance of construction with the City Engineer.
Barricade function, design and construction shall conform to the latest edition of the Manual on
Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge
Construction of the State Highway Commission of Montana latest Edition.
Should construction of the project require the closure of any streets, roads or highways or
require night-time or long-term traffic control, the Contractor will be required to prepare a
detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic
under the specific conditions. 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. Tl:1e, traffic control plan shall be approved
by the Owner prior toconstruction.'" ,.r..'.
B. Traffic Access. Construction work for this project 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 residents in the area of
programmed work, of street closures, parking requirements and restrictions, and any other
conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected
area. All Signing, barricades, and other traffic control measures shall be provided by the
Contractor.
C. Warninq Siqnals. All streets, roads, highways and other public thoroughfares which
are closed to traffic shall be protected by means of effective barricades on which shall be
placed, mounted or affixed acceptable warning signs. Barricades shall be located at the
nearest intersecting public highway or street on each side of the blocked section.
All open trenches and other excavations within the construction area shall be proVided with
suitable barriers, signs and lights to the extent that adequate publiC protection is provided. All
abrupt grade changes greater than one inch which traffic is required to pass over; and
obstructions, including but not limited to, material stockpiles and equipment shall be similarly
protected.
All barricades and obstructions shall be illuminated by means of warning lights at night. All
lights used for this purpose shall be kept burning from sundown to sunrise.
17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL
The Contractor is responsible for proper disposal of all waste soils and materials unless
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otherwise directed herein. Where waste materials are disposed on private property not owned
by the Contractor, evidence of property owner's written permission shall be obtained and
provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and
regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all
refuse and discarded materials in an approved location.
The Contractor shall exercise every reasonable precaution throughout the life of the project to
prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as
chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be
discharged into or alongside of rivers, streams, impoundments or into natural or man made
channels leading thereto. In addition, the Contractor shall conduct and schedule his
operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor
shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife
and Parks, Department of Health and Environmental Sciences and other State or Federal
regulations relating to the prevention or abatement of water pollution and siltation. The
Contractor's specific attention is directed to the Montana Water Pollution Control Act and the
Montana Stream Preservation Act.
The Contractor shall be responsible for obtaining any required discharge permits associated
with groundwater de-watering operations. Contractor'sshall include all c1ean-'up, restoration,
. etc., of any detention or discharge areas.
18. PROTECTION OF EXISTING PAVEMENT
All equipment shall be fitted with pads on the outriggers and other accessories as necessary to
prevent damage to existing pavement during the course of the project. Any damages to
pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the
Engineer.
19. SALVAGEABLE ITEMS
Any items removed from the existing system under the terms of this contract shall remain the
property of the Owner and shall be delivered to a site of the Owner's choosing within the
property limits of said Owner. Should the Owner choose not to accept any salvageable items,
then the Contractor shall dispose of those items at his expense at a site'or landfill acceptable
to the Engineer. Any costs for the above work shall be at the Contractor's expense.
20. PEDESTRIAN RAMPS
The standard pedestrian ramp installation will be as shown on Standard Drawing 02529-8.
The Contractor will be directed to modify this standard ramp configuration to fit existing
conditions for retrofit ramp installations. This may require a single diagonal ramp or other
modifications to comply with the requirements of the Americans With Disabilities Act.
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21. PROTECTION OF TREE ROOTS, SPRINKLER SYSTEMS, AND PROPERTY PINS
The Contractor shall take special care when working around trees to avoid any unnecessary
damage to the roots or the trunks of trees. If any roots have to be removed to complete the
work, the roots shall be neatly cut with a sharp tool. Indiscriminate ripping of tree roots will not
be permitted. Protective barriers shall be placed around trees as necessary to prevent
inadvertent damage by equipment. 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.
22. FINAL CLEANUP AND SITE RESTORATION
Following completion of the work, all construction debris shall be removed from the work area.
Any asphaltpavement removed or disturbed during the course of the work shalLbe replaced
by the Contractor. The cost for final cleanup and restoration shall be included in other bid
items; no separate payment shall be made for this work.
23. ACCESS TO RECORDS
The Contractor shall allow access to any books, documents, papers and records which are
directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly
authorized representatives for the purpose of making an audit, examination, excerpts or
transcriptions.
24. INSURANCE
Insurance coverages required under this contract shall extend, at a minimum, to the end of the
contract time.
25; MATERIALS TESTING AND CONTROL
TheHfollowing materials and control tests may bemadeby'the Engineer to determine the
Contractor's compliance with the specifications:
a. In place density tests of backfill
b. Gravel gradation
c. Concrete tests (slump, entrained air, compressive strength)
The above tests shall be made with no cost to the Contractor except as hereinafter provided
for retesting.
Should materials fail to meet the tests specified above, the Contractor shall pay the cost of
retests which exceed 10% of the total tests taken. The actual costs of retests shall be
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deducted from the Contractor's progress estimate.
26. DETECTABLE WARNINGS
Pedestrian ramps shall be constructed with detectable warning surfaces complying with the
Americans With Disabilities Act. The detectable warning surfaces shall be constructed using
two 24" x 24" cast iron plates manufactured by Neenah Foundry Company.
27. CONCRETE REINFORCEMENT
Pedestrian ramps shall be reinforced as specified on the standard drawing. Curb turn fillets
shall be reinforced with NO.4 re-barson a 2' x 2' grid.
28. FAIRGROUNDS SIDEWALK
The proposed sidewalk along Tamarack Street adjacent tothefairgrounds will vary in width
and location as shown on the plans. Excess material between the sidewalk and curb shall be
removed and disposed of to allow for a straight grade between the edge of the sidewalk and
the top of the curb. No separate measurement and payment shall be made for removing this
material; the cost of such work shall be included in the-bid item for 4" concrete sidewalks.
29. EXCEPTIONS AND ADDITIONS TO MONTANA PUBLIC WORKS STANDARD
SPECIFICATIONS.
Section 02529 - Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters
and Miscellaneous New Concrete Construction
2.4 Gravel Base Material: In lieu of the gravel base material specified in 025292.4 A.,
the gravel base material may be 1~" minus washed rock meeting the following table of
gradations:
Table of Gradations - Washed Rock Base Material
Percentage by Weight Passing Square Mesh Sieves
Sieve Size % Passing
1 ~" 1 00
3/4" 35-70
3/8" 1 0-30
NO.4 0-5
3.2 Foundation Preparation: After placing the washed rock base material, consolidate
and compact it with a vibratory plate tamper or similar means immediately prior to
placing concrete.
3.3 Forms: Use metal forms only unless other materials are approved by the Engineer.
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3.8 Joints: Unless otherwise shown on the plans, expansion (isolation) joints shall be
placed at 25-foot intervals in concrete sidewalks. Contraction joints shall be provided
between the expansion joints at intervals equal to the width of the sidewalk.
Section 02910- Seeding
2.1 Seed
Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30
Ibs/acre:
Tall Water-save Fescue
Kentucky Bluegrass
Perennial Ryegrass
60%
25%
15%
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SECTION 00100
MEASUREMENT AND PAYMENT
The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to
the Contractor will be made based on the actual satisfactorily completed work quantities
measured in the field. Under the terms of this contract, the unit price as contained in this Bid
Form shall be applicable to quantity overruns.
The following measurement and payment sections do not necessarily name every incidental
item required by the Contract Documents to complete the work. Cost of all such incidental
items shall be included in the various related bid items.
No separate measurement and payment shall be made for traffic control.
Item 101: Concrete curb and qutter removal.
Measurement and payment for this item shall be as per MPWSS, Section 02112 4.2, lineal
foot method for either combined concrete curb and gutter or vertical curb. Pay limits for this
item shall be 24" from back of curb towards the street.
Item 1 02: Combined concrete curb and qutter.
Measurement and payment for this item shall be as per MPWSS Section 025284.1, lineal foot
method.
Item 103: Concrete removal and disposal.
This item shall be measured and paid for by the square foot (SF) at the unit price bid for
"concrete removal and disposal", which price and payment shall constitute full compensation
for furnishing all materials, tools, equipment, labor, loading, hauling, disposal, and incidentals
necessary to remove and dispose of existing PCC or asphaltic concrete pavement.
Item 104: 6" Concrete sidewalk. in place.
Measurement and payment for this item shall be as per MPWSS, Section 025294.4, square
foot method.
Item 105: 4" Concrete sidewalk in place
Measurement and payment for this item shall be as per MPWSS, Section 025294.4, square
foot method.
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Item 106: Drivewav apron
Measurement and payment for this item shall be as per MPWSS, Section 025294.3, square
foot method.
Item 107: Concrete sawcuttinq.
This item shall be measured and paid for by the linear foot (LF) at the unit price bid for
"Concrete sawcutting", which price and payment shall constitute full compensation for
furnishing all materials, tools, equipment, labor, and incidentals necessary to sawcut either
asphaltic or portland cement concrete pavement or structures.
Item 108: Concrete fillet
This item is measured and paid for by the square foot at the contract unit price bid for
\ \ Concrete fillet" for construction of curb turn fillets or inlet apron fillets, including curb. Price
and payment is full compensation for all material, backfill, curing of concrete, pre-molded
mastic material, equipment, tools and labor, and for the performance of all work and
incidentals necessary to complete this item.
Item 1 09: 3" AC Pavement Surface Course
Measurement and payment for this item shall be as per MPWSS Section 02510,4.2.
Item 110: Detectable warninQ
This item is measured and paid for by the square foot at the contract unit price bid for
\ \ Detectable warning". Price and payment is full compensation for furnishing and installing
detectable warning panels in accordance with manufacturer's recommendations.
Item 111: SeedinQ.
Measurement and payment for this item shall be as per MPWSS Section 029104.1, with the
exception that it will be on a lump-sum basis.
Item 112: Inlet adjustment.
This item is measured and paid for by the numerical count of each inlet casting that is adjusted
to grade to match the new construction, and shall include supplying and installing two (2) new
replacement castings as shown on the plans.
2
MEASUREMENT AND PAYMENT
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APPENDIX A
Standard Drawings
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5.4" (0.45')
24"
9.5"
2"
~9"
j
4" TOPSOIL <l
L (TYP.)
.,
12"
.,.
4 5"
1.5" 3/4" TO PER ,. SLOPE
.,. I
.<l <l. t ., Lj
..<1
<l ., .<l. '. <lLJ c
6"
., .Q 1 7.5"
.,
<l. Lj., .<l
<l
'.,' <lLj ,
CRUSHED GRAVEL
BASE - 3" MIN,
I
SUB-BASE COURSE
AS REQUIRED
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I
~~~~~~~~~~~~~~~~~~'>>
(~%%'<<"<<<.'<<\."<<<'</.('</.('</.('<;((<<,<(,\<<$' /, h /.v
'Y/0/)://';..Y/,V)-,'" ""
COMPACTED SUBGRADE
I 0.5" 1.5"
t ~ _3/4" PER l' SLOPE
I ~-i:1 l
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I
3/4"
~
p
.--01'" '" "TO"
1 2" PER ,. SLOPE _
DROP CURB FOR DRIVEWAYS
DROP CURB FOR PEDESTRIAN RAMPS
SPILL CURB
!iQID.;
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1. Subgrade or base course compaction sholl conform to section 02230 (M.P.W. Specs.. 1996 ed.)
2. Contraction joints shall be placed at 10' intervals and sholl have 0 minimum depth of 3/4" and minimum width of
3. 1/2" expansion joint material shall be ploced at 011 P.C.s, P.T.s, curb returns and at not more than 300' intervols.
exponsion material sholl extend through the full depth of the curb and gutter.
4. No curb and gutter sholl be placed without a final form inspection by the City Engineer or his representative.
5. Concrete shall be Closs M-4000.
6. Crushed gravel bose sholl meet the requirements of Section 02235 (MPW SPECS, 1996 ed.) For curb and
gutter replacement projects, washed rock may be used for the grovel base.
1/8".
The
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CITY OF BOZEMAN
STANDARD DRAWING
SCALE:
NONE
INTEGRAL CONCRETE
CURB & GUTTER
NO. 02528-1
Revised
Feb. 2003
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LI'
6' - 0"
*1.5"
1
'I
,"'114
. 4S "~.,d
~
, . ~
'~ ,
7"J
*Depth will vary proportionately
with width of cross drain
3" GRAVEL
-
3'
CROSS
DRAIN
EXPANSION JOINT
It
CONTROL JOINT - SEAL WITH BITUMINOUS JOINT SEALER
8"
10"
EXTEND EXPANSION TUBES 3/4" PAST END
OF STEEL DOWEL TO ALLOW FOR EXPANSION
(IF DOWELS ARE USED)
FILLET TO BE PLACED ON 3" COMPACTED
GRAVEL BASE OR STREET BASE, WHICHEVER
IS GREATER,
EXPANSION JOINT AT
P.C. (TYP,)
CONCRETE TO BE
6" DEPTH FROM
FACE OF CURB TO
STREET
15' R (TYP.)
3/4" STEEL DOWELS (OPTIONAL)
CITY OF BOZEMAN
STANDARD DRAWING
SCALE:
NONE
STANDARD FILLET
NO. 02529-2
AUG. 1 994
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DOWEL WITH 24" NO.5
REBAAh 3' If.'TD BACK
OF CUnB, 3 CLEAR
~ "</ . ~ I
'BACK OF
CURB I(
,<::l "
PT . ~" ~
. . , "'_. .
, . ~ I
' ~. .'
" .0 '
, . or ~
~ .
.
R ::: 15'
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" (iYp,)
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1(----
."
.'
. ',A:
.:, ," ~.
~.
"",'
~
~
.
.
....
. .
.'
I
1 :20 MAX.
5' SIDEWALK (TYP,)
.
~ . .
....
.
...
.
..
'.
. ',.,,'
..
I
1r
5 1/2' BLVD. (TYP.)
I
6" THICK
CONCRETE SURFACE
Flow line
I
RAMPS TO BE CONSTRUCTED WITH DETECTABLE
~A~r?G S-N,RrBftiR~O~iol~NgF WmI: -m1ffils,
~~~I~O~~~ WUTWl ~~Jqr~~~'o N~ 'i'&Jr BE
ON THE LEADING EDGE OF THE ETE WARNING
MAY BE MORE THAN 5' FROM THE FL UNE,
STORM DRAIN INLET
(TYPICAL LOCATION)
I
REINFORCE CONCRETE IN RAMPS WITH
FiBERMESH" AT A RATE IF 1 1/2 Ib../C, y,
OR WITH 6.6.'0 GAUGE WIRE MESH
I
SIDEW7AK
5' SIDEWALK
'0 ~';::";(':i~~~~
6" 6" CONCRETE ~VEL BASE (TYP)
RAMP ,
SECTION A-A
ffiANSITION TO NORMAL SIDEWALK
ELEVATION, DISTANCE VARIES,
FLOW LINE
SECTION B-B
NO SCALE
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stNlOAAO
;STL
2 1/2" OEPRESS€D
. .~~.~~,--
".. ........." v..
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NO SCALE
SECTION C-C
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CONSTRUCTION NOTES:
1, Standard applies to new construction, with mox. curb R~ 15', and min, 5,5' boulevards.
2. Romp and curb con be poured monollthlcolly,
3. Storm drain inlets sholl be constructed "upstream" at romps, Altemative locations permitted only upon City Engineer's approval.
4-. Romp width sholl be S' minimum,
5. Sidewalk cross-slopes sholl not exceed 27..
NO SCALE
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CITY OF BOZEMAN
STANDARD DRAWING
SCALE:
AS SHOWN
BOULEVARD SIDEWALK
PERPENDICU LAR
PEDESTRIAN RAMP
(15' MAX. RADIUS/5.S' MIN. BOULEVARD)
NO. 02529-8
NOV, 1995
Revised April 2006
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USE BLENDED TRANSITION RAMP WHERE
LIMITATIONS DUE TO BOULEVARD WIDTH,
RIGHT-OF-WA Y, CURB RADIUS, OR INTERSECTION
ANGLE PREVENT THE USE OF STANDARD RM.1PS PER
C.O.B 5T ANDARD DRA WING 02529-8
DETECTABLE WARNING TO BE A MINIMUM OF 4'
WIDE, CENTERED ON THE CROSSWALK (S)
I
XXX Drop Curb
~ Curb Transition
@ 0'"
I x'!"
0'<'
.,c..0"!
I
EXPANSION JOINT
I
( 1:12MAX
SlDEW ALK
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~
LENGTH AS REQUIRED TO MATCH
ST ANOARO SIDEWALK GRADE
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4
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~
-'
~
"'
~
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NOLiP1( 1
Landing
5'Min
,I
Ramp
Varies
,~ Sidewalk
11: .to;: ~..A '~fI
+-:2%M.A.X
..., '.... '" ",.110'
p-,_.;..r'~i:
~~
. . '.. { ~ ..
; ..".j....... ,.t... ':.. . I.: I
I
: J. . _;,. '~\',
"'.
I
3" Gravel Base (Typ.)
4 II Concrete
6" Concrete Reinforced with 1.5 Ibs.
Fibcrmesh Ic.y. or 6x6xlO Gauge Wire Me.h
SECTION A-A
Not to Scali:
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CITY OF BOZEMAN
STANDARD DRAWING
SCALE:
NOT TO SCALE
BLENDED TRANSITION
PEDESTRIAN RAMP
NO. 02529-8A
APRIL 2006
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1'--
SIDEWALK BOULEVARD
~ LVARIES--
1-- 5 'TYP --I
I
., ';" ~ ~.
. .;..; :~.\'".:... .:" ...
PROPERlY
LINE
3" MIN GRAVEL BASE
4" THICK M~4000 CONCRETE
SECTION B
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MAINTAIN
PROPER
SIOEYARD
SETBACK PER
ZONING
REGULATIONS
TRANSITlON SECTION FROM
~, EXISTING CURB TO DROP CURB:
~,., S' MAX.
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EXPANSION JOINTS COMPLETELY
AROUND SIDEWALK SECTION
DRIVEWAY THROAT WIDTH
24' MAX,
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CURB & APRON POURED MONOLITHIC
UNLESS OTHERWISE APPROVED
CONTRACTION JOINT
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EXPANSION JOINTS AT CURB RETURNS
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"1
SIDEWALK CONTRACTION JOINTS ~ I
SPACED AT S' INTERVALS - MIN.
DEPTH 1., EXPANSION JOINTS ~
TO BE PLACED AT 25' :rg I
INTERVALS. _
"-
BACK OF CURB
FLOW L1N E
EDGE OF GUTTER
VARIA8LE
I
(5.5' TYP.)
CONTRACTION JOINTS TO BE SPACED
AT 10' INTERVALS IN CURB & GUTTER
5'--
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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
R MATCH EXISTING SIDEWALK GRADE
SIDEWALK
1'~5'1YP. t
I 1/4" PER FOOT ..SLOPE
DRIVEWAY
5.5' TYP.----t
(VARIES)
STREET SURFACE
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CURB & GUTTER
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* OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH
SECTION A
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CITY OF BOZEMAN
STANDARD DRAWING
SCALE:
NONE
RESIDENTIAL
DRIVEWAY APPROACH
AND SIDEWALK DETAILS
NO. 02529-11
DEC 2003
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MAINTAIN
PROPER
SIDEYARD
SETBACK PER
ZONING
REGULATIONS
MAX. THROAT WIDTH
35' COMMERCIAL
40' INDUSTRIAL
I
1'--
I..&..J
Z
~
SIDEWALK CONTRACTION JOINTS
SPACED AT 5' INTERVALS - MIN.
DEPTH 1 ". EXPANSION JOINTS
TO BE PLACED AT 25'
INTERVALS.
~
a:::
I..&..J
a.-
o
a:::
a.-
(5.5' TYP.)
CONTRACTION JOINTS TO BE SPACED
AT 10' INTERVALS IN CURB & GUTTER
5-'---
5' TRANSITION SECTION FROM
EXISTING CURB TO DROP CURB:
EXPANSION JOINTS COMPLETELY
AROUND SIDEWALK SECTION
CURB & APRON POURED MONOLITHIC
UNLESS OTHERWISE APPROVED
CONTRACTION JOINT
EXPANSION JOINTS AT CURB RETURNS
BACK OF CURB
FLOW LINE
EDGE OF GUTTER
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
~ MATCH EXISTING SIDEWALK GRADE
~ ~ SIDEWALK DRIVEWAY APRON
l' · 5' TYP. 'I, ~V~R~~'~
1/4" PER FOOT SLOPE I STREET SURFACE
..
CURB & GUTTER
· OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH
CITY OF BOZEMAN
STANDARD DRAWING
SCALE:
NONE
NON RESIDENTIAL
DRIVEWAY APPROACH
NO. 02529-12
Dec. 2003
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APPENDIX B
Plan Sheets 1 - 3
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~MJc tc
Z~~~
n=:!IC
g~l~
~r.n1cr
~31~
......c; :~
~~I I~
f'
-- '
-mT- -.-. .L
C",~IRGRO'JNDS
I
j"'"
I'"
'~
,55
'<:;
':
::; :::
o
- ~J
;::'ROPOSED :5' WID='
! smEWALK
~
!' ;0:SW~M (~)
To aL '''' W"LS
~ S IDE'+.',!.,LK SLope OIR'E:CT.ON, (1YP. '1
~
A
,
-"!;'"
-,'
- - :r-~<.- - - - - -
------------
~: .
-------------
".
.:L
_____.-J
-re' --r- '7~
'NsrA1..f' ,'iWP
"
.i)
:.:.;
r--~:.--- _
I
'"
J i_ -RE _ SIT SICNS NORTH or WAlK
RE~O\IE , 0 IJ ;:If D:IS'" '<</IoU.
~
"8'E.~lN 5.5' WIOE SlOEWALK
-'-
'.2)
'"
iNSTAL.';.. RAMPS p.s '='ER SiD
QRAWING 02: 2"3-;3A
TAMARACK S~
w
;..>
<C
I
w
>
<(
i---5.5'
r
I '
, , I
1,5'---'j I
~ ~~~r l
'7- I
...... PRopr;SES1'
S1C'EWALY. .
'G
102
I
~
~
c
O:STING G-~€--.......,.r--... i
I:TYPl ____..~r
,
PINISH GRADE
I
4ft ~S<PA.NSION JOINT
! ~:
. .......cm-lCREIE FE.~CE
FOtJNOA TlON
I
Sr::Ci'ON A
~.jOTE~ SLOP-E OF SlQEWAlK WILL VARY FROM A
MAX.~Ut.l OF 2,.; TO NORTH :-0 .2~ TO soon-;
-r6L..
-r~~ -
.1--
----:-.
l-
-'-:;;.!N.. _ _ ~ _ _ ~.-'l'
I
I "+~o ENlJ CONSTRUCflON 1
": '
\ -.ITCH "-'U< TO . SIDE W Al.K 11 Y OTHERS
\.' '~a.oG" f
"~~ ' ~
- ~ '-- - := :C::::== -
~& ~ ~ 1, -------~- rEi '-
I
1+-",,'--1.->0'--1
j ......GI,JfT08[~O"IE'Ji
~
~ ,~.
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./'
-<C-.-- - - ----;.. - ~L - -
,~
I
INSTAlL rlAWP
t
TAMARACK 5T
I
,
,
\
,..--
,..--
,I /'
I w I
> !
! <:
<
::;
W
N
0
!Il
w
~
I
I
!
I
I! I
! ! j
~I' I . ,- RE~OVE & RE?LACE EXISTING
1 ,.4"""" WPRQ/<CH Tn SENIOR CENTER
I~J
I' !
{;
:;;:
,,,
'OJ
<:
~
;;'
el
I
I
i I
'_:::':;END
I
FENC:: .< ;(
?PGPOSELl SIDEWALK
lJili..l~ POl[ ....
I
SHRUB
S',GN
GAS liNE
Q
-"
-G~
I
2006 SICEW,4'-K .ANC C!JFiB :MF'ROVEMEI\jTS
Fi~,iP,GPC:,fJNDS SiOEV\f,tiLr<
I
.!.
,~/
6~.
u
~H::: c:ry 0" BCZEMAN
EN(lIr-."EERING DES! AR! MENT
20 E ::Llvt 4 P -c- sax 1230
:lDZEMAN, ...,0.'N l ~NA 5977 i - 1.23D
PHc:.Jt1 ~ LOiS) S82 -2"2'8!J .;' f- ',(1 (406) 5B2 -2"26.3
I PR[]JEC T
.riLE NO,I
SURVE '(EDI -------
nES1G~'
APPRO\! E --------
DA TE. aS/2~/06
REV1S't;!J1
SHEET, of 3"
,~'
,
'co'
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7oS.H.: A~JZt>w ~ ..,
~ ~l ~ '\)
SOL"T =' /<:JD. 00 .... ~ j 1 '4J1 ~ 0{
I~ ... I r-.: 0-
r-..:. III '\ ~ oJ
r.. tQ ... ~'t
l)o. '" t..:. ~ ~ ~ \l
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... ~ " ~ Po: '" ,,"
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-----
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PAve,.,ibJ7' .e1!F~AL
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.......;a\..:...
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,BACk'r-'e'- cvps N~rN
C~<!AAI -re.P$t:,.,', 7A~P&'O
/;A./ P~AC~. .:St!:~D A~'-
.o/srv.e8~D .4..~I9S.
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3" c;;rAD~ 8 P~A""T M/K
.24!"s-re.-*Zt!" 8A~t!" J.nrN /. S "M/Nvr
CAlVSNeD G.I2AVtGt..
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I ~X/5r_ Vt!f1&'T~t!'..'- cvA!.4
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I
/Y,PIt"AL 5eC7"NuJ
A.7.S.
LEGEND
I
* Street Light
[J Storm drain inlet
- - - Property Line
... Sign
o Tree
'd Fire Hydrant
-G - Gas Line
E.,). Expansion Joint
(6D.00) Proposed Elevation
6~.DD Existing Elevation
IC Flowli;e
T8e Top Back Curb
o Construction Note:#
- E - Electric Line
I
;:- In
~
'0 ~ ~ h'l l'rl
~ '"
~ ;. 0\
" r\j ~
" Q\
0- I ~ "
~ ~ \,l
Rc/'LAc5 2S ~,~. h ~
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till'! '
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:;: ~
"" '" D
"I. f\J ..
"- '\. Ii; :: .301
"-
ConstrucTion Notes
1. Remove approach. backfill blvd. with tODsoil and seed.
2. Remove and replace existing service sid~waik to match
new curb.
i 3. Remove existing asphalt alley approach. install new
. concrete alley' approach. Pour the approach monoJithically
with the curb and gutter. and use 5' radius curb returns.
4. Existing approach to remain. Match new curb and gutter to
the ends of the approach. j
5. Remove existing shared asphalt approach and construct new I
concrete approach as per COB Standard Drawing 02520-1:2. I
I
I
2006 SIDEWALK AND CURB
IMPROVEMENTS
CURTISS STREET CURB REPLACEMENT
City of Bozeman Engineering Department
Date: June 22. 2006 Sheet :2 of 3
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il
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II
v'61Il7'tOU,. ~v~8 ~ I
1-
$)&IST.
/N~~r
~7.~~ (97.")
~'
~
~
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~
//IIt~-r
,7. ~I (tn. ~/)
/"1.4-T'&N
E)O$r/NG.
Ct/.lZ1J
MAr,:;,JI H~iV cv/Z.S 'I 6(J7"7~/2.. 7".:=0
EXIS'7"/,vG cv.c8 ANO PAVe,.,4!!AJT
/' PA s'" /1II,iF7"
38
I '/y
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~I
,,",
~l
~
~I
I /
i SJ/ADEl) SIDGM/ALN 5e'~7/o"J
. i ? 7. 8" ,2"".,..,"! "'~PM<~
....r- / W/~~." CONc..e47& (-TYPo)
! " ....\..
!~. ~0'
--~ ;.----
L ' " I
I 1
----
9408
r
R~.4e4" 7N/S (;HA7~ MI/7"N ~..uw
\A!A~ I' t:;.leA-r'iE
/NL.~7 GJ2A7~
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2006 SIDEW ALK AND CURB
IMPROVEMENTS
CURTISS STREET CURB REPLACEMENT
City of Bozeman Engineering Department
Date: June 22.2006 Sheet 3 of 3