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HomeMy WebLinkAbout2009 Street Improvements Contract DocumentsCITY OF BOZEMAN, MONTANA 2009 STREET IMPROVEMENTS May 2009 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instruction to Bidders Bid Form Bid Bond Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contract (by reference) Supplementary Conditions Montana Prevailing Wage Rates CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment APPENDIX A Standard Drawings APPENDIX B Estimated Quantities, Work Vicinity Maps, Plan Sheets INVITATION TO BID The City of Bozeman will receive sealed bids for its 2009 STREET IMPROVEMENTS consisting of proposed Seal Coat applications and Cold Milling and Hot Mix Asphalt Overlays on various streets within the City of Bozeman. Sealed bids so entitled and addressed to the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 will be received until 2:00 p.m., local time, June 9, 2009, and then publicly opened and read thereafter. Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained upon payment of $15.00 (non-refundable) for each set, at the City of Bozeman, Engineering Department, 20 East Olive Street, Bozeman Montana 59715. 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 orsub-contractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the State of Montana. The contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent (10%) of the total amount of the bid. Successful bidders shall furnish an approved Performance Bond and a labor and materials Payment Bond, each in the amount of One Hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful bidder(s) and a Certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00 p.m. local time, June 9, 2009. 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. Dated at Bozeman, Montana, this 20th day of May, 2009. 1 INVITATION TO BID Stacy Ulmen, City Clerk, City of Bozeman (Title) Publication: May 24, 2009 May 31, 2009 ~~ 2 INVITATION TO BID INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2009 STREET IMPROVEMENTS, CITY OF BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. Incase the Bid is submitted by, or in behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do 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 ' 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 t such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS), dated March 2004, including all addenda, which is also hereby incorporated as part of these contract documents, and as ' further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid ............................ Bound Herein Instructions to Bidders ..................Bound Herein Bid Form ...................................... Bound Herein Bid Bond ...................................... Bound Herein Agreement Form .......................... .Bound Herein Payment Bond .............................. MPWSS/Bound Herein Performance Bond ....................... .MPWSS/Bound Herein Standard General Conditions....... .MPWSS Supplementary Conditions........... .MPWSS/Bound Herein Miscellaneous Forms Notice of Award ................. .MPWSS Notice To Proceed ............. MPWSS Change Order .....................MPWSS Work Directive Change.......MPWSS Application For Payment (Guidance Only) .............. . MPWSS Certificate of Substantial Completion ...................... .. MPWSS Wage Rates ................................. ..Bound Herein Special Provisions ..........................Bound Herein 2 INSTRUCTIONS TO BIDDERS ' Technical Specification ...................MPWSS & COB MODS Appendix A--Standard Drawings......... MPWSS/Bound Herein ' Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each ' Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and ' regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in ' preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder ' may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. ' On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the ' specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. ' Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or ' Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. ' No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. ' The Contractor shall note the reference to utility lines and service lines for various utilities as 3 INSTRUCTIONS TO BIDDERS i~ noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 N. Rouse Avenue P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: City of Bozeman 2009 Street Improvements Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: , In the lower left hand corner of the envelope print or type: 4 INSTRUCTIONS TO BIDDERS 1 ~I~ BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. June 9, 2009. 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 ' B: Y ' Corporate Seal ' Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. ' TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or ' subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following -the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid ' materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. ' Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to ' his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations ' of the proposed work and by such other means as they may prefer as to the correctness of any quantities. ' The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during ' progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and ' that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. 6 INSTRUCTIONS TO BIDDERS WITHDRAWAL OF BID No Bidder may withdraw his Bid for a period as specified in the Invitation to Bid after the date and hour set for the opening declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time prior to the expiration of the period during which Bid may be submitted, which request must be signed in the same manner and by the same person or persons who signed the Bid. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. AWARD OF CONTRACT The award of contract, if awarded, will be made within the period specified in the Invitation To Bid to the lowest responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidderwill 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, 7 INSTRUCTIONS TO BIDDERS ' will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. ' PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company ' authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. ' With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. ' EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, togetherwith the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt ' from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the ' event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may ' decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form, '' Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. ~' PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate ' specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for ' any work accomplished during the preceding month, but subject to retainage as specified elsewhere. ' PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all 8 INSTRUCTIONS TO BIDDERS i~ subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS 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, t MCA, a preference of three percent (3%) will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder. This preference applied unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in ' the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State ' and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 9 INSTRUCTIONS TO BIDDERS BID FORM 2009 STREET IMPROVEMENTS CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and otherfactors which may affectthe performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the ' form attached, to perform all work for the construction of Seal Coat Improvements, Cold Milling and Hot Mix Overlay, and Pavement Marking Replacements, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the ' contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. ' The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 30 calendar days. ' Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. ' Li uidated Dama es shall be as specified in Article 2.2 of the Agreement Form. q g ' The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected ' shall be used in awarding the contract. ' 1 BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted inconformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Figures) 101 Cationic Emulsified Gal. $ Zy~ 12,550 $3o;iZ06~ Asphalt in place (CRS-2P) 102 Seal Coat Aggregate Ton $ 50 y ~ = 535 $ 222~2~ 3/8" Gradation, in place 103 Cold Milling of S.Y. $ 3~ 2 = 31,937 $ X51 ~ Existing Pavement (2" nominal depth) 104 Hot Mix Asphalt Ton $ ~j ~o ~~ 3,825 $ 21`x' 2..Q~~~ Surface Course, Type B Plant Mix, in place 105 Adjust water Each $ Z~o~~o 3 $_ valve box 106 Adjust Manhole Each $ X35 ~ 3 $ 100 ~ Ring and Cover 107 4" yellow LF $ 3 ~~ 940 $ 2 2.~~ striping 108 8" white LF $ ~ GG 354 $ Z,~ 2-~ G~ striping 109 24" white LF $ / ~ s6 667 $ /2,39 5G striping 110 4" white LF $ ~j ~~ 1,725 $ S~ (~S~ striping 111 Words & symbols SF $ ~ / ~,0 138 $ 25 53~~ 3 BID FORM TOTAL BASE BID ~ 3 6~ 3~1a 95 7h~~_ ~ur~DR~b S~x~ ~~~ h~ czS<ir~r~ 7naE~ r ~ev~n a+~d R5~G0 DoLL~IZS ( BASE BID TOTAL - ITTEN 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 No. Dated .~' Submitted this ~ day of ~/~ 2009. 1 SIGNATURE OF BIDDER: Montana Contractor Registration Number ~c~08~ If an individual: doing business as If a Partnership: by partner If a Corporation (a) by Titl !~/ 4 (Seal & Attest) BID FORM Business Address of Bidder: ~~. ab~( i~~2~L ~~ T S' y7/~~- If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: business as If a Partnership: by _ If a Corporation: (a)_ by _ Title Partner Corporation doing (Seal & Attest) 5 BID FORM BID BOND SURETY BIDDER (Name and Address): SURETY' (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Project (Brief Description Including Locationj: BOND Bond Number: Date (Not later than Bid due date): Penal sum (Words) Surery's Name and Corporate Seal Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER (Seal Bidder's Name and Corporate Seal By: Signature and Title Attest: Signature and Title B v: PI/NAL SUM FORM (Figures) (Seal) Signature and Title (Attach Power of Attorney) Attest: Signature and Title Note: Above addresses are to be used for giving required notice. Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. EJCDC NO. C-430 (2002 Edition) 00430-1 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Omer upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Surety's liability. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2. AlI Bids are rejected by Owner, or 3.?. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph ~ hereof). ' 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable ' promptness, identifying this Bond and the Project and including a statement of the amount due. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices maybe sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all appiicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute; then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. ' S. Surety waives notice of any and al] defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including ' extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. EJCDC NO. C-430 (200? Edition) 00430 ~ .~' NOTICE OF AWARD TO: Knife River -Belgrade Dated: ADDRESS: P.O. Box 9, Belgrade, MT 59714 PROJECT: City of Bozeman 2009 Street Improvements CONTRACT FOR: Cold milling and hot mix overlavs, pavement marking replacements, and seal coat improvements. You are notified that your Bid dated June 9, 2009, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for cold milling and hot mix overlavs, pavement marking replacements, and seal coat improvements The Contract Price of your Contract is: three hundred sixty eight thousand three hundred seventy and 95/100 Dollars ($ 368,370.95). 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~~ u;lca ~, 7~ca~ 1. You must deliverto the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 8), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SG5.02). 3. List other conditions precedent: You must deliverwith the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. ' CITY OF BOZEMAN, MO TANA ' (CITY/MANAGER) p DATE: l~7 -~~~ ATTEST: -- BY: ( RK) AGREEMENT FORM ' THIS AGREEMENT is dated as of the ~1 day of ~ in the year 2009 , by and between CITY OF BOZEMAN, hereinafter called OWNER, and ' Knife River -Belgrade 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: Cold Milling and Hot Mix Asahalt Overlays, Seal Coat Improvements, and Installation of Pavement Markings. ' The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Bozeman 2009 Street Improvements. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 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 Li uidated Dama es. OWNER and CONTRACTOR reco nize that time is of the q g 9 ' essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize ' the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and ' CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars ($100.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. ' 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of three hundred sixty eight thousand three hundred seventy and ' 95/100 Dollars x$368,370.95 ). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. ' 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price ' as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. ' Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. ~. ' 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to ' above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, ' investigations, tests, reports and data with the terms and conditions of the Contract Documents. ' 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' Article 7. CONTRACT DOCUMENTS. ' The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, dated 2003, with addenda, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004 (by reference). 7.12 Appendix A and Appendix B. 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. ' IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ' ONTR ) r B (SEAL &) ~' (ATTEST) - a ~~~ Title c-~~r9L /,~z~~/P~`j'id~iD~i By ' Title (JOINT VENTURE) City of Bozeman (OWNER) B,~'~'~, (CITY MANAGER) (SEAL &) (ATTEST) \~~\\11 I l l i f//~~~~ ~~~\\~~~E ~Ktss~ ~Q., ~ i .~ No~rnrzinL .~ f. ~t'~ ~~ (SEAL &) ' '~ ~ ~~ (ATTEST) '~/ ~oF Mos' ~~~ ~, \\~ ~;/iill`~1~~ APPROVED AS TO FORM: a-innEe tc~ssE~ ' NUT4RV PVF3 LI G FOR THE STOTE OF MUNTLINA FiLS1U1NC: AT / / O~~ E30ZEMAN, MONTl1NA ITY ATTORNEY) MV C;UMMIS`_iIUN EXPIRES ( t ~ - U4 - 2G 1L c: \wpdocs\forms\ag reefrm. mrg PERFaP-MANCE BAND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address); SURETY (Name and Address of Principal Place of Business}: ' Knife River -Belgrade P.O. Box 9 Libe Mutual Insurance Com an Belgrade, MT 59714 450 PI mouth Road, Suite 400 y OWNER (Name and Address): Plymouth Meeting, PA 19462 City of Bozeman AND PO Box 1230 Traveters Casualty and Surety Company of America Bozeman, MT 59771-1230 One Tower Square - 2SHS CONTRACT Hartford, CT 06183 Amount: ($3ss,37o.ss) Three Hundred Sixty Eight Thousand Three Hundred Seventy Dollars and 95/100 Description (Name and Location): ~ City of Bozeman 2009 Street Improvements BOND Bond Number. 190021436/105302915 Date (Not earlier than Contract Date}: ?~ 7/og Amount: ($368,370.95 > Three Hundred Sixty Eight Thousand Three Hundred Seventy Dollars and 95/100 Modificafions ~ this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its be~lff-~~t3orized officer, agent, or representative. CONTRACTOR A5 FRINCIPAL Company: Knife River - orade /~ Signature: Name and Terry R. i'~~~vn dice-President (Space is provided below for signs parties, if requutd.} ' CONTRAGTOR AS PRINCIPAL ~~r• ' Signature: Name and Title: BY Signattue a~ Title (Attach Fowcr of Attorney) (~~) Surety's NaAx and Corpon~be Seal Attest" Signature and Title: {seal} EJCDC 1~Io. G610 (2002 Edltba) Orlgioany prepared throaSh the Joint effort of the Surety Asroeiatioo of America, Engineers Joint Contract Doeumeata Committee, the Asrodnted Genera! Centcactere o[ America, and the American Institute of Architects. ~~ ~ . ~®rFti~O~~,'~~~~URETY ' ~ = Lii3erty Mutual Insurance Company TQivelers Casualty and Surety Company of erica(Seal) T ~irety's Name rate Seal "fit A ~~ ~~m ~~/ ~'~~~ Signature Ti a Nicole Ta ble Attorney-in-Fact (Attach Power o Attorney} tares ~a~ ` J'<~GQRPOq,9 ~~fr~ ~ ~ ~'~ Ffl to Attest: tr- 1912 p Signs Title y~~ a Attorney- -Fact ~~1 ~ ~;sa SURETY 00610-1 ' L Contractor and Surety. jointly and severally, bind themselves, their heir, earecuttxs, administrators, sttccessora, and assigns to Owns for the pexforrnarrce of the Contract, which is ittcotporsted herein by reference. 2. if Contractor perfomu the Contract, Surety and Contractor have no obligation ' under this Band, except to participate in confttertaa as provided in Paragraph 3.1. 3. If there is tta Owns Default, Sttre~s obligation under this Bond shall arise after: ' 3.1. Owner has nodfiexi Contractor and Surety, at the addttxaes dncrdred in Paragraph 10 blow, thu Owmrz is considering dalaring a Camtractor Default and Ins requested and attempted tb arrange a eanfexeaee with Centractor and Surety to be held not ~ than is days ago receipt of such notice to discuss methods of performing dte Contract. Tf Owner, ' Cantr'aaor and Surety agree, Catrtrrlt:sor shall be: albwed a reasonable tune to perform the Contntd, but ouch an agreemratt shall mot waive Owner's right, if any. subsequently to declare a Compactor Defaetlh and 3.2. Owner bas declared a Cartrarxor Defiuk and formally terrminatexi Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days alter Contractor and Surety have: rxceive:d notice as provided in Paragraph 3.1: and ' 3.3. Owner has agreed to pay dye Balance of the Carrtrad Price: m: l . Surety in accordutce with the terns of the Contract, 2. Another contractor selected pursuant to Paragraph 4.3 to perform the ' Contrail. 4. Whexi Owner here satisfied the conditions of Paragraph 3, Sruety ahail promptly and at Stuety's exprnx take: are of the following actions: ' 4.1. Arsartge fa Coptrsclor, with cooaemt of owner, to perform and cnrrplde the Compact; ar 4.2. Unde:rtako to perform amd complete the Certttrad itael4 through its agerts ~ or through imdependent aartragmrs; or 43. Obtain bids or negotiated proposals from qualified contractors aoceptabk m Owmer for a contract for performance and cattpktian of the Coatrarx, orange far a cantraa to be ptepatod for exextrtion by Owner and Contractor aekdexl with Owner's eoncturmce, m be secured with performance and payment ttonda executed by a qualified surety exprivsteat 0o the bonds issued an the Canttact, and pay to Owner the arttoeatt of damages as described in Paragraph b in exeeas of the Halana of the Contrxt Price ineamred by Owmer resukirtg 5orn Confrada DeSrrlg or 4.4. Waive its tight to perform and complete, arrange for completittrt, a obtain a stew corttraetor and with reaonabk promptness urrdex the cis~cwrumnoes: I. Aga investigation, ddetmine the tunotrrtt for which it may he liable to Owmer and, as soon ss praenioble niter the sntourtt is detarnimd, testdex payment therefor to Owner, or 2. Deny liability in wlrek a in part and notify Owner citing roaaams therefor. 5. if Surety sloes ma proceed as provided m Paragraph 4 with ressooabk prompptess, Surly shall be deemed to be in defauh on this Bond 15 days alter rtxxipt of as additional written notice firers Owner to Surety danending that Suaety perform its obligations tinder this Band, and owns shall be eattitled to eafotoe any teartedy available ro Owner. If Surety proceeds as provided in Paragraph 4.4, and Owttex rcfirses the paymatt tendetted or Starry has denied liability, in whole or in part, without further notice Qwner shall be eantitkd to extforee any remedy available to Owner. b. After Owr-er has tearninsted Coatractots right to complete the Contrail, and if Surety sleds to act ttttdtx Paragraph 4.1, 4.2, or 4.3 above, then the e+pporttsibilitica of Surety to Owns shall not be grater chart those of Contractor under the Contract, and the rrspottsibilitiea of Owns to 5utdy shall not be greater than those of Owns under the Corrtrsct. To a limit of the amatnt of this Band, but suhject to contmitntent by Owttcc of the Balance of the Contract Price m mitigation of cosh and damages on the Contrail, Stmaty is obligated without duplication far. b.l. The ttrsponat3ilities of Corrtrador for correction of defective Work and e;ompktion of the Cormact; 62. Additional kga1, design profassiatal, and delay caste resuhing fiom Comtraetot'a Default, and resulting from the actions or feifiue m as of Surety tinder Paragraph 4; amd 6.3. Iaquidatexi damages, err if mo liquidated datttaga are specifred in the Coatrarx, acwal damages caused by delayed pexYermmce or non- pei£orrnsace of Contracts. 7. Surety shall not be liable to Owmer err others for obligations of Contractor that are uruehtted to the Caurtrad, and the Balance of the Contract Price shall mot be reduced a sd off on acoouot of airy such unrekted obligations. No right of action shall serrate on this Band to amy person or emtiry other than owner or its hors, executory, adminiapawra, or aucexssors. 8. Surety hereby waives naive of any change., including ebangea of time, to Contract or m related subcontracts. ptmc}taae orders, and other obli,gatiorts. 9. Any proexedirtg, legal or equitable, ernder this Hoed may be instituted in any coast of earrpetent jurisdiction in the location in which the Work or put of the Work is ktcated end shall be instituted within two years alter Corttraetor Defauh ar within two years alter Contractor ceased waking or within two years after Surely refuses err fails to perform ~ obligatiars umdex this Bond, whichever occurs first if the ptvvisions of this paragraph u+e void or prohibitesi by law, the minirntmt period of limitation avaihible to sureties as a defense im the jurisdiction of the suit shall be applie;able. F0. Notice to Surety, Owmer, ar Contractor shall be mailed err delivered to the address shown our rho aignahae pager 11. When drier Bood hero been fimniahed to comply with a statutory requirerrtettt in the iocatiom when the Contract wsa in 1>a performed, any provision in this Bomd oont9iaittg with said statutory tegedrememt shall be deemed deleted heattiam and provtsieau conforming to each statutory requirement shall be domed incorporated hers6t. The rttter-t is thtu this Bond shall be camhrre:d as a statutory bond and rat as a camtan law band. i2. Defi»itiexts. 12.1 Bahmce of d-e Cattrxt Price The total amawrt payable by Owtter to Contractor undo dte Coronet after all paapar adjustrneats have: hart made, imchtding allowamce to Contractor of any arnottnts received or to be received by Owner im setderrwrtt of inwaartce err other Claims fa damages to which Ceattrador is eeuitlexl, rtdrroed by all valid and proper payments nsa~ th or on bedtalf of Contractor smiler the Contract 12.2. CoartracC The agreement Uetweert Owner and Cataaetor idantiflod on ttte signature page, itmhrd'mg all Contract Docrmterrts and spurges thereto. 12.3. Cattrador Defauh: Faihae of Coepactor, which has ndther ham retttedied troy waived, i4 perform a otherwise Oo comply with the tests of the Contrail. i2.4. oamea• Default: Failure of Owner, which has neidkr been remedied nor waived, to ply Contractor as trquited by the Contract a to perform and complete eu cottrply with the odter germs thsasaE. FOR INFORMATION ONLY -Name, Address and Telephone 763 302-7219 Surety Agency or Broker Willis of Minnesota, Inc. 1600 Utica Avenue South,. Suite 600, Minneapolis, MN 55416 Owner's Rt:spresemtative (engineer ar other party} , , tlob><az Any singular refcreu~ce to Contractor, Surety, thvner, ar other party shall be Considered ph~ral where applicable. Cf7NTRACTOR (Name and Address}: SURETY {Nattie and Address of Principal Flare of Business}: Knife River -Belgrade P.O. Box 9 Liberty Mutual Insurance Company Belgrade, MT 59714 450 Plymouth Road, Suite 400 4~R. (Namc and Address}: PI mouth Meetin PA 19462 City of Bozeman y g. PO Box 1230 Bozeman, MT 59771-1230 Travelers Casualty and Surety Company of America CaNTRACT One Tower Square - 2SHS ~$~• Hartford, CT 06183 7~/ ~~09 AXnount: (s3sa,37o.ss )Three Hundred Sixty Eight Thousand Three Hundred Seventy Dollars and 95/100 I?escriptian (Name and Location}: City of Bozeman 2009 Street Improvements BC12~D Botxl Numbt;r. 190021436/105302915 Date (Nor earlier than Gotmact Date): ?~ ~~ 'j Amount; ($3ss,37o.ss )Three Hundred Sixty Eight Thousand Three Hundred Seventy Dollars and 95/100 Madifiieations to this Hand Porno: See Attached "Rider Amending EJCDC C-615 Payment Bond" ;yur+ety and Contractor, itrtending to be legally bound y,,,snbject to the tetras printed. an the reverse side hereof, da each cause this Payment Band to bc. duly executed an i#s behalf~~~t~~i~gfficer, agent, or representative. CflNTRACTbR AS PRINCIPAL `~~ ~ ~ GOPPO'4'Sr,,;, ~~'L~TY ~cc ~F. ~~~y` L~. =Liberty Mutual Insurance Company Knife River - rode Signature: ~ ~ Travelers Casualty and Surety Company of Americ Sea1~ Name and Tit e: '.~ ~` ~ S}itety's Name and C r$ Seal Terry R. Haven Vice-Presiden~'~,,'~`~,~~ .*a - Signature and Ti Ni o Tamble tt mey-in-Fact ~4 ttyS(1~, _ (<Attac#t Powez of A ~ {Space is provided below for signs s~ u parties, if required,} ~ ~~' ~o ~' ~- i91~ ~ AttesG d~ P~' a Signs ~ 'Title ~~~~` ~;aa Attorney i act CCINTRACTOR AS PRINCIPAL '~'7 SURETY Campaay: Sigzutture: (Seal} (Seel} Name and Tula: SureCy's Name and Corporate: Seal _ $~ -- -- - Signatttre and Tittle (Attach Power of Attcaney? Attest; Sigaatttrc attd Title: > Na. ~-615(2002 )~dltlaaj ~$t~Y Prepared throaEh the jalat tFfortt of the Surety As~adation of America, Engineers Joist Contract Ilocntneab'Committee, the Associated Geaerat Coatractars of America, the Aroericsn Institute of Architteb, the American Subcaatrpeters Araoetattoa, sad the Aswciateit Specialty C+ootrRCtess. 906IS-1 i~ i~ i~ i~ i~ 1. Cantractar and Surety, jointly and severally, bind themselves, their heirs, executors, administtatora, srrccessars, and assigns to Owner to pay for labor, rrrateriais, and equipment famished by Claimants for use in the perfommna of the Contract, which is inoorporsted herein by reference. 2. With respect to Owner, this obligation shall be null and void if Canttactor. 2.1. Pmmpdy nnkes payment, directty w indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claimv, demands, lien4, w suits alleging non-payment by Contractor by any person or rntity who furnished labor, mateials, w equipment for use in the perforrrrance of the Contact, provided Owner has protr~tly notified Contractar and Surety (at the addresses dr~errbed in Paragraph 12} of any claims, dcrrwrrds, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided that is no Owner Acfault. 3. With respect m Claimants, this obligation shall tic Hutt and void if Contracror prompdy makes payment, dirredy w indirectly, for al! sums due. ' 4. Surety shalll have no obligation bu Ctaimarrts under this Bond until: 4.1. Claimants who arc crrrploj+od by or have a direct contract with Contractor have given notice to Surety {at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating drat a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.1. Claimanb who do not have a dirrcl contract with Contractor: 1. Have famished written notice to Contractor end scot a copy, w notice thereat; to t7rvncr, within 90 days after having last performed labor or last famished materials ar equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom tht materials w equipment were furnistuxi ar supplied, ar for whom the labor was done err perforrr-od; and 2. Have either recxived a rejection in whale w in part &crcrr Contractor, or not teceived within 30 days of famishing the above nods any cammamication from Contractor by which Contractor had indicated the claim wtlt tx paid dirccdy ar indirecdy; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, ar notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice famished to Contractor. S. If a notice by a Claimant regains! by Paragraph 4 is provided by Owwer to Contractor w to Surety, that is sufficient Compliance. ti. When a Claimant has satisfied the conditions of Paagraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undispulod and the basis for challenging any amounts that are disputed. 62. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not ext~ed the amount of this Bond, and the amount of this Bond shall be credited for arty paymreatts trrade in t~ faith by Strety. FOR WFORMATIONONLY - Nam ~Addrea: and Tdephone 763 302-7219 SuretyAgeacyorBrokcr: Willis of Minnesota, Inc. 1600 Utica Avenue South, Suite 600, Minneapolis, MN 55416 Owner's Representative (engineer or other party): 8. Amounts owed by Owner to Contractor under the Contract shall be used far the performance of fire Contract and to satisfy clairsrs, if any, undo any performance band. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the perfomtaztee of Ute Contract are dedicated to satisfy obligations of Contractor and Sway under this Bead, subject to Owner's priority to use the funds far the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, w others for obligations of Contractor that are um~clated to the Contract. Owns shall not tre liable for paynastt of any costs w expanses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, ar otherwise have obligations to Claimants undo this Band. 10. Surety hereby waives notice of any change, including changes of time, to the Contract ar to related Subcartracts, purchase orders and other obligations. 11. No suit ar action shell be cormrrettced by a Ciaitrmnt under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the work is located or after the expiration of one year from ttre date (I) on which the Claimant gave the notice required by Paragraph 4.1 ar Paragraph 4.23, or (2) on which the last labor or service was paformred by anyone ar the last materials or equipment wctt furnished by anyone under the Canstructian Connect, whichever of (i) ar (2) first occurs. If the provisions of this ptuxgraph are void w prohbited by law, the minimarm 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 marled ar delivered to the addresses shown on the aignaturc page. Actual receipt of notice by Surety, Owner, a Contractor, howuvcr aocorrrplialred, shall be sufficient carrrpliancxi as of the date raxivod at the address shown eau tine signature page. 13. When this Bond has been famished to.compty with a statutory requirerr-errt in the location when: the Contract was to be paformcd, any provision in this Bond conflicting with said statutory requirement shall lx deemed deleted herefiom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent i8 that this $ond shall be canahved as a statutory Band and not as a cotnrnorr law bond. 14. Upon request of any person or entity apptaring to be a potential beneficiary of this Bond, Contractor shall prrxttptly famish a cagy of thin Bond or shall patrrit a copy to be made. 15. DEFIP111TIONS I5.1. Claimmnt An individual or entity having a direct contract with Contractor, arwith afirst-tier subcontraeta~ of Contractor, to famish labor, mrterials, or equipment for use in the paforrnance of the Contrack The intwt of this Band shall be to include without limitation in the terms "labor, materiahr w equipment tltu part of water, gas, paver, light, heat, oil; gasoline, telephone service, w terttal equipma;trt used in the Contract, architecdrral and engineering services required for paforttmnce of the Work of Contactor and Conhactaa's Subcontractors, and all other itetna for which a mechanic's {ten rosy be asserted in the jurisdiction whore the labor, ttsabcrials, or equipment were furnished. 15.2. Contract The agrocment between Owner and Contractor identified on the signature page, including alt Contract Documents and changes thereto. 15.3. Owner Default Failure of Owna, which has neither been remrediod rror waived, to pay Contractor as required by the Contract w to perforrtt and compieUe or corsipty with ftte other tetz>ffi thermal: 00615-2 ' Rider Amending EJCDC C-615 Payment Bond This der is to b attached to and form a part of surety bond number 190021436/105302915, dated the 17 day of ~, oo ,issued by Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America , as surety (the "Surety") on behalf of Knife River -Belgrade, as principal ' (the "Principal"), in favor of City of Bozeman, as obligee (the "Obligee"). WHEREAS, the Principal has by written agreement dated the day of , 20 ,entered into a contract (the "Contract") with the Obligee for: City of Bozeman 2009 Street Improvements ' WHEREAS, upon the request of the Principal and the Obligee, the attached bond is hereby amended as follows: ' Paragraph 4 is amended to insert sub-paragraph 4.3, which states: 4.3 Claimants have furnished to Surety proof of claim duly sworn to by Claimants with adequate supporting documentation proving the amount claimed is due and payable. Paragraph 5 shall be amended to delete the word "or" and insert the word "and' in its place. ' Paragraph 6 and its sub-paragraphs 6.1 and 6.2 shall be deleted in their entirety and replaced with the following: When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall, within 90 days of the date when claimant finally completed its satisfactions of the conditions of Paragraph 4 notify the ' Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall pay or make arrangements for payment of any ' undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the ' Claimant's sole remedy shall be the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. Paragraph 12 shall be amended to add the following paragraph: CLAIM NOTICE for the Liberty Mutual Insurance Company must be sent to the following address: 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 and for the Travelers Casualty and Surety Company of America must be sent to the following address: One Tower Square - 2SHS Hartford, CT 06183, both marked to the attention of the Surety Claim Department This change is effective as of the effective execution date of the Bond to which it is attache~T ,„ ,r The attached bond shall be subject to tall of its terms, conditions and limitations except a~l~erei'n Go Po~S?~' ; f modified. IN WITNESS WHEREOF, said Principal, Surety Obligee, have caused these presents to e c}uly s and sealed this day of ,~,,~~ ~. ~~~' Knife River -Belgrade By: - r+°°,~~~`s~''~,,>~'`~~ Principal ~ s~~a~~ , Liberty Mutual Insurance Company By: Surety Ni le Ta le rn in-F d ~''~ By: Travelers Casualty and Surety Company of America Surety Nico Tamble ttomey-in- act By: City of Bozeman Obligee _ Surety Acknowledgment State of MINNESOTA } } ss. County of Hennepin } On this day of 20 ,before me personally came Nicole Tamble, to me known, who being by me duly sworn, did depose and say that she/he is the Attorney-in-Fact of Libe Mutual Insurance Company & Travelers Casualt,~and Surety Comyany of America described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by like or r, ~ My commission expires January 31 2010 _. Notary Pub •c ^ Vtiti^/1~yyyyyyyyy~ ^ ~'y T~ ~ TERESA HAMMERS ~~ N07ARY PUBLIC•MINNESOTA ~. r~<~,~~;~~ , My Commission Expires Jan. 31, 2010 r M 1 7 2579996 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. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY ~ That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of ~ Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 5th day of June , ~ 2009 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, LAURIE PFLUG, JILLSWANSQN BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN, JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAEDEKE:DEN[SE WI$HCOP, TERESA HAMMERS, NICOLE TAMBLE, ALL Of -THE CITY OF MINNEAPOLIS,-STATE OF M[NNESOTA ..................................................... 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 a* d deed *a* * and all undertakings, bonds, recognizances and other surettyy obligga**o *s in he penal sum not exceeding FIFTY MILLION AND 00/100 bOLLARS:($ 50;000,Q00.00 )each, and the execution of such undertakings, bonds, recoghizances 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 of the Compahy;jn their own proper persons. That this power is made and executed pursuant to and by authority of the following $y-law and Authorization: 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 maybe 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. N N d c .N C O vH N yW C ~ ~ QM o~ do 3~ O a~ N t O •'~ of O ~ M Q~ ~~ ~~ ry >~ y0 ~~ L w ~ V ~ ll- r LIBERTY MUTUAL INSURANCE COMPANY L O as L ~N L i~ C COMMONWEALTH OF PENNSYLVANIA ss °- COUNTY OF MONTGOMERY On this 5th day of June 2009 ,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 seat of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. By(~-,ate- /./_ 5~4 Garnet W. Elliott, Assistant Secretary ~ IN TESTIMONY WH .unto subscribed my Warne and affixed my notarial seat at Plymouth Meeting, Pennsylvania, on the day and year ~ first above written. ~. i~w g' ,g~, ~ j'~; CO~MON1NrklTti 4)€ FENNSY[VkYiA ~ ~~C~~ L Cs ~, '~ -.....Natara- ~a. .._ Jr L =ro„~ esa PaSt~ia Nckxy P~61c ~/~/ ~.~.~ -~ /' ~ f~y'mw. N Twp t~rxrt~ ~y C.,u~y By L C/Lfi~/ V M f C ~rc nss n Ex;?nc t~r4arch 28 2093 ° .-__ . ;. _ _...__ Ter sa Pastella, Notary Public hten,en~ PerxTSy vtr+ie Associat:o7 n# tvMa~r2s CERTIFICATE ~?~ 5 I, the undersigned, Assistant Secretary of Liberty Mutual Insurance Cornpariy,:do hereby ceittfy 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 I do further certify thaYthe officer or official who executed the said power of attorney is an Assistant Secretary specially authorized bythe 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. 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. 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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of J ,-- (• ~ By ~ ~.=!'~ Davi M. Carey, Ass' fit Secretary IS INVALID WITHOUT THE RED ,~, POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.. Travelers Casualty and Surety Company Seaboard Surety Company 1Yavelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 220256 Certificate No. O O 3 O 6 2 3 1 J KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint B. L. Kellar, Dennis G. Loots, Jill N. Swanson, Laurie Pflug, Nina E. Werstein, Jennifer Miller, Brian D. Carpenter, Barbara L. Raedeke, Denise Wishcop, Nicole Tamble, and Teresa Hammers of the City of Minneanolia ,State of Minnesota ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted' in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2008 25th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 4 0.N N INS(r ""'•., \ Np ,4_ - C~SUA( rJ~nETJ. ~Ft0.E \..-. ~..:rG P~., q 4 9,P TYA ~ l~~Ry ~Y"_~ O26 ~J~ f1 ~ ••`^~rNNt(D * 4' 'P~ ~,tp R PONRA~t;~•y 3 `~' 0.PORAt ynl^- ~P t S~ 'Fi ~ m ~i h smicu fj ~ .7 ~y~NEC~.~ ~ 1977 g 91927 K ~ E=~` ? ~ , f --_ .~, W NaNrFORa, j+umxano. II t'~ b~ CONN. n ~WNN• g in < 1951 mO 2 a ~`SEAI.%oj ~d;SBALis E ;, ~o ~o,Y State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 25th day of July 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~~,.TlT In Witness Whereof, I hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 2011. ~'0U8UG~* Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER J 1 1 ' STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (See Montana Public Works Standard Specifications 5th Edition) i~ ' SECTION 00810 ' SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' These Supplementary Conditions to the General Conditions amend or supplement the Standard ~ General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or ' supplemented remain in full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.O1.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds and Power of Attorney and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC - 2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.OS.A.3 of the General Conditions which is to read as follows: 2.O~.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.O1.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 Paoe 1 of 12 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.O~.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3 Contractor's Schedule of Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.O1.A.S.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.O1.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 CONDITIOI~TS Page 2 of 12 _. ~, SC - 4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing sub surface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 -UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC - 4.06 -HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: Reference is made to the Special Provisions for the 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 ~ of 12 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 ~.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.? of the General Conditions. a. State Statutory ' b. Applicable Federal (e.g. Longshoremans) c loyer's Liability Em Statutory $ 500 000 00 . p . . ' 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. ' a. GENERAL AGGREGATE $ 3.000.000.00 b. Products-Completed ' Operations Aggregate S 3.000.000.00 c. Personal and Advertising d. Each Occurrence ' (Bodily Injury and Property Damage) S 1.000,000.00 ' e. Coverage will include: 1. Premises -Operations ' 2. Operations of Independent Contractor 3. Contractual Liability 4. Personallnjury Section 00810 SUPPLEMENTARY CONDITIONS TO THE GEI~TERAL CONDITIONS ' Page 4 of 12 w t ~ Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Iniurv: Each Person $ 500,000.00 Each Accident $ 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 ~.04.A.6 maybe satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence Iimit cannot be less than $1,000,000.00. Deductible not to exceed $x,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B .4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence Aggregate $ 1.000,000.00 3.000.000.00 Secrion 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 5 of 12 '' 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.~ 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 rts ' 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 I~,' amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 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 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 SC~.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 x:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments 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 Paee 7 of 12 SC- 6.13 SAFETY AND PROTECTION Add new paragraphs to the end of paragraph 6.13.D of the General Conditions as follows: E. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. F. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or Quy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof: whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. G. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private propem~, 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 Page 8 of 12 SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe. or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.~.c of the General Conditions in its entirety and insert the following in its place: 11.O1.A.S.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, unloadin¢, assembly, dismantling and removal thereof for equipment involved only in the chanced portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC-2.05 and SC-2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50°io 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 SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.L~2.A APPLICATIONS FOR PAYIVIENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include anv 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 Iieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.S.a through 14.02.B.~.d inclusive, 14.02.D. l.a. through 14.02.D.1.d inclusive, or 1 ~.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and ~ other data specified herein or reasonably required by Owner or Engineer. The ~ Owner reserves the right to require submission of monthly certified payrolls by the Contractor. ~ Section 00810 SUPPLEMENTARY CONDITIOI~TS TO THE GENERAL CONDITIONS Paee 10 of 12 ~~ 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.I.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the 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.O~.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 ofthe contract time or change in the contract price. Owner's Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 11 of 12 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 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.O1.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 Page 12 of 12 W W W W C7 W a 2 ti 2 c~ C Z Q z C~ G ~ (Oj y a ~ N (6 w (A 7 O y N LA "" ~ C~ = ~ f4 y C O " U ~ O C y 'O O O -d -a ~ ~ • ~ ~ rn~ CO m ~ y ~-f°o o ~ m 3,c ° °~ ~ ~ ~ _ y o n ~aY o c o ° ~ ~° o c ° • `~ c a ~ c ~ c - ° ~~ o~ .E - (Oj y L i ~'~ 'O a N~ C O •V O O ~ U N a O °= °~ m ~ U O ~~ ~ o ~~~~ U >. O N J ~ O a~ aU~ ~a c o to o o.-~ ~ 0 o ~9 c maw ~ O ao c~ C O ~ m w o a N O N m C J ~ - a N C~~ _ ~~ y m O ~ C O O U O O N ~~,,, ~ C6 C y U _ C +-6 d7 m ~ 3 ~ o ~ ~~ m cQ ~ ~ ~ :~~ o ~ m ~ ~ m e ~ c a o A m y °v> m m 3 -~~o ~ o a? °'o ~U m~ ca ~ ~mrn ~ me c~ o~ m.°a~ ~ O p 0 m ~~ N~ C ~ ~~ ~ O~ ~ °_ p CD C N ~ ~ ~ +L-' ~ ~ a- tJ7 7+ ~ ~ •~ O N U c ~ ~ °~ ~ ° o ~ °_ ~ O o.n~ . °~ m c ~ ~ n N N . C a. 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'-NM Z .. NM W'" W z~ I d W Z I W ().-N M Oin to V N Q C N Q y 3 Q O L y J WWW dWWW I a.d3 ~ W~ ~~~ ~~ W W 7 W N W WU?~ ~ mW ~ ~ i o00 ~ooo I vU~ ! v waaaaaa W QU Qty Q > W O m W Y O~ W O~ ~O Y Z ~ O~ } ~~ W ZO O W U O rl N ' N Y Y U ` _ N H ~ ~ N C II U LL E n a II N U ~~ N 3 ii ' ~ N 67 W U U II O.(n ` L 0 o E 0~ 3 II X (] O° d Q7 ~ II CmLi>q c II '3 > ~ II ' ... N y - N II ~ a p Y ~ d II 7 l1 U =p O II N Cf c0 co C O y H X ~7 ij e co m m io ~ i_i W ~ II I~ r u`. 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N `7 - c ~_ N~ O C~ N p U a f0 w n€ ~ ro ~ a0 ~ n0 E E_ ~ n~ ~aU wU mU oy~~ c~~ '-p'pmELLmUE~ ~ cLiaNiEE v; _c f0~c.° ~~.° c::mO°~~d° ~m°LLm °m ~°o c y mEx .a m u~W N~ 0 N 7 y y N Y > O U > p 0 01 j a a m T N ~ ~ C O~' a O pl N R d d d 07 N O ~ y n° v c cL ~U °a~2adm ~ m c ~ Eini, i ai ' O> w N f` O J T T'O d N y 'O C C O. ° O O - 7 O C C7Ua'° °~ u c4m y m c NUotSLL a~ ° N m rnEw a m m c m M nc y °' S mL ~ ¢ aai c nm'o v mU •io~~°oa LL~~d ~oUa~~•~oc~ ymo~~~~°. ~ c °-~ ~ rn o ° ca` hi.o c° op_W rn o~v c ._° N n U'C o a :o vi c pl o 0 0 0 0 0 o Z j V lL ~. c y W s ° •«- ~ c ~ N .c y d c m iii N ' O O O GI C 0000000 O Q N ._U dL Y-p N~ NL L c !p N U >a O U N C p eo N v •x ~ ai eo ao ao ao m ao H _ c d ° ~ ° N o • - (A n N L N m ° m ~ ui c o f9 y C O O lL f9 M 1A f9 f9 to df d _ O N f0 >' O_ C~ O ~O C O ~ a °' E U_ N~ O U N E~ .O LL N 3 Q a N~ a C J N y '"• O N 01 O C Y C~ N NN~O ^th LL ~ O~ O L~ N N ~LL~ O N NaUU~ N ClL h r OJ O N ~nNa~~ N f/1 0.= ~m C LL'a N U C T O O) O) G~ ~ ma °1 rivviiol~rn N fn €Q ii -~(n nd xt [D ° E o.~ c ~'- c c ~ ~ Y`o E ~~ n ~ ~~~~~~eNS ~ o ~I° ~ orna? N~ °' v o °' c"a ~ ° ~ E. o U ° > > >in 3~ c.o V U °~ ~_ > co y ° y ~~xaQg nr~ ma oti oa ~ U c ~ ~~ rn°' d rn Q aEi~eO X y c~ mC7 O N E N~ rn°: ° `° ~ c c a m m c c aa.o ~ ~ yU o c W S~j$(7-o °N air aw c m~ o ao c c mU ~'-° m 10 ~ OF OF `=~ ~ d cLi •-a rn>~m~ o ~ `m a~ ~ ~ m} p~ '° m o iri ' amE~~ Q Q moo. rm°.cc coiaW~d crnUOOO _L o o No ~ U ~ ~ U E~ E Y~ T N f0 O - Y F- Q~ ~ d U } c y N N C N N O C~ C W W U~ co O ~ Of > p y 1f. p 0`~ L y d .O p n d C w w ~~ O olc°ow a a yFa ap~c ~~m !~>c~m~E ii oN= =~eaEio.v O O F-cEa .,OUyW ~ ~~~° S.c°ofc7 0•- ~ ~n u~ u~ > ~ ~ a~cLi r_ omo~yauim~~ LLWU o_D 2 o O v n ~~a: ~3nL~ W W E mlinO ocmmam•~C3c ~o~>d >. ~~ H N N aNiyo ' ~m ° >.ci a a u`. rny? O m cm~ o ~ ma ~_ nm ~~ a`>m na ~ m c•a~ Y _ _ _ _ d d~ O E N> L a N O w O m ~ o m~ O 7 Q ~ 00 Q yU `~°.>,o ~ c E Q ~ rn~-y ~ Q y U U Ua2 ~ ° `°a-- O C7 "m°~ ~' ~ ~ H~ ~Ja ~ c w2 0~ 3 N O Iti is r`~ m R' C C U 0) W W ~ ~ f6 N N 7 ~p ~ M >. W~ n a J W °' N n C ~ N M v N fD 1~ ~ °• c ~ 2 d o, w m 0 `~ ~ H~._ d° 3 vi m `0 7 U Q > > >° m ' Z m°.my5 ~>>>>>>> ~ 0~~~ O~n~~~~o°~ O~ac~c Oiii w O O On>i~ a a a~i m n~ aC~c7(~C~(~c7C~ a (7~c°.10 C9a0U2~ ~vLiC~U C7mUU~H C7 ° N mU' ~ ~ °~ 00 .--~ (\ rl SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the construction of Seal Coat Improvements, Cold Milling and Hot Mix Overlays, and Pavement Marking Replacement. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Fourth Edition (MPWSS), published 2003, and as further modified by the City of Bozeman Modifications to MPWSS, dated March 2004, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, is a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK Seal Coat Improvements: This work consists of chip sealing the various streets within the City of Bozeman as shown in Appendix B of this specification in accordance with the provisions of these specifications. Cold Milling and Hot Mix Overlay: This work consists of 2" cold milling and 2" hot mix overlay of the existing bituminous pavement for those streets depicted in Appendix B of these specifications. Some streets will only be ~~edge milled~~ and then overlaid; otherstreets will be cold milled for the full pavement width and then overlaid, as shown on the plan sheets in Appendix B. Cold milling shall be done in accordance with Section 411, °Standard Specifications for Road and Bridge Construction", 1995 Edition, adopted by the Montana Department of Transportation. Pavement Marking Replacement: This work involves furnishing all labor, materials, equipment, supplies and services necessary for the installation of hot inlaid thermoplastic pavement markings as shown on the plans in Appendix 6. 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation 1 SPECIAL PROVISIONS i~ J i~ to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $100.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 2 SPECIAL PROVISIONS i~ 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 afull-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. WARRANTY If, within one year after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 3 SPECIAL PROVISIONS 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. ' Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, ' Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES ' The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for ' any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 4 SPECIAL PROVISIONS 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. The traffic control plan shall be approved by the Owner prior to construction. B. Traffic Access. Construction work shall be programmed by the Contractor so that ' local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum ' of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. ' C. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. Measurement and Payment. No separate measurement and payment shall be made ' for construction traffic control. Construction traffic control shall be considered an incidental cost to be included in other items in the contract requiring traffic control to complete that item. 5 SPECIAL PROVISIONS ii ' 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless ' otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shalt conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall befitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency SPECIAL PROVISIONS n i~ ~i ii r ii ~~ 7 1 maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner and shall be delivered to a site of the Owner's choosing within the property limits of said Owner. Should the Owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be at the Contractor's expense. Milled asphaltic pavement material shall be salvaged and shall be delivered by the Contractor to the City-owned yard on N. Rouse Avenue north of Griffin Drive. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 24. SUPPLEMENTAL TECHNICAL SPECIFICATIONS The proposed application rates for the seal coat improvements are 0.35 gal/SY (cold) for the emulsified asphalt, and 26 Ibs/SY for the 3/8" aggregate. Adjustments of the application rates may be required to achieve the desired coverage. The cationic emulsified asphalt for Seal Coat Improvements shall be CRS-2P, in accordance with the following table (Table 702-8, Montana Standard Specifications): SPECIAL PROVISIONS TABLE 702-8 LATEX OR POLYMER MODIFIED CRS-2 EMULSIFIED ASPHALT PROPERTY TEST METHOD LMCRS-2 CRS-2P Viscosity at 122 °F (50 °C), sec. AASHTO T-59 75-400 50-400 Sieve, percent AASHTO T-59 0.3 max. 0.3 max. Settlement, 5 days, percent AASHTO T-59 5 max. 5 max. Demulsibility, percent AASHTO T-59 40 min. 40 min. Storage Stability Test, 1 day, percent AASHTO T-59 1 max. 1 max. Particle Charge AASHTO T-59 Positive Positive Ash Content, percent AASHTO T-111 0.2. max. 0.2 max. Tests on Residue by Evaporation: Percent Residue AASHTO T-59 65 min. 65 min. Penetration, 100 g, 5 sec. at 77 °F (25 °C), dmm AASHTO T-49 100-200 100-250 Ductility at 77 °F (25 °C), 5 cm per minute, cm AASHTO T-51 40 min. 75 min. Elastic Recovery, percent AASHTO T-301 58 min. Torsional Recovery, percent MT-333 18 min. The Street Department will sweep streets to be seal coated prior to the start of the project. Additional cleaning or sweeping of the streets by the Contractor may be necessary immediately before the beginning of seal coat operations as directed by the Engineer. Following the cot'npletion of seal coat placement, °Loose Gravel~~ warning signs shall be placed- at the beginning and end of the work zones. Temporary ~~25 MPH" speed limit signs shall also be placed on Manley Road and Mclllhattan Road. Existing speed limit signs shall be covered until work is completed. The Contractor shall be responsible for sweeping excess aggregate off of Manley Road and Mclllhattan Road. Excessive windrows of aggregate shall be hauled off by the Contractor. Sweeping of the roadways may not commence sooner than 24 hours after the seal coat is placed and shall be completed within 72 hours after the seal coat is placed. The City Street Department will be responsible for sweeping Gardenbrook Lane and Gallatin Park Drive. 8 SPECIAL PROVISIONS 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: Cationic Emulsified Asphalt, in place. '' This item shall be measured and paid for by the number of gallons at the contract unit price for "CRS-ZP Emulsified Asphalt" material used and accepted in the work, corrected to gallons at 60 degrees F. The unit price and payment shall constitute full compensation for all ' demurrage, storage, handling and all other charges, tools, equipment, labor and performance of all work necessary or incidental to the furnishing, delivery, unloading, heating, hauling and spreading of the asphalt material specified. Payments will be made only for the asphalt required and actually used in the work. The Owner will accept no responsibility for any oil shipped in excess of requirements because of tank- truck or tank-car capacities or for other reasons. Item 102: Seal Coat Aggregate, 3/8" Gradation, in place. This item shall be measured and paid for by the ton of 2,000 pounds for 3/8" seal coat aggregate at the contract unit price bid. The unit price and payment shall constitute full compensation for the furnishing, delivering, and placing of the material; compacting and rolling; for covering excess asphaltic material; sweeping and cleanup as specified in the Contract Documents; and for all labor, equipment, tools, traffic control, and incidentals necessary to complete this item. Item 103: Cold Milling of Existing Pavement f2" nominal depthZ Cold Milling of existing pavement shall be measured and paid for by the square yard of pavement removed to the specified nominal depth. Should the City Engineer direct, in writing, removal to a depth greaterthan specified, the measured area involved will be increased by the ratio of the ordered depth to the specified minimum depth. Such price and payment shall be full compensation for cold milling, salvaging, hauling, handling and stockpiling, or disposal of the milled materials, and incidentals necessary to complete this item. 1 MEASUREMENT AND PAYMENT Item 104: Hot Mix Asphalt Surface Course, Type B Plant Mix, in place. This item shall be measured and paid for by the ton of 2,000 pounds of compacted Hot Mix Asphalt Surface Course, Type B Plant Mix, in place. The unit price and payment shall constitute full compensation for cleaning underlying course; application of SS-1 tack coats; for furnishing, handling, hauling, placing, shaping, compacting and finishing of the paving mix; matching finished street grade to existing manhole, valve box, and curb box grade; for improving unsatisfactory areas; for placing leveling courses as required; for all materials (inclusive of asphalt), manipulation, labor, tools, equipment, and incidentals necessary to complete the work in full compliance with these specifications. Item 105: Adjust Valve Box. This item shall be measured and paid for by the number of valve boxes adjusted to the finished street grade through 1) the proper adjustment of the existing valve box adjustment mechanisms (slip-type orscrew-type), or 2) installation of a Tyler Corporation No. 69 screw- type adjustable riser if compatible, or 3) installation of an East Jordan Iron Works 8500 valve box riser. The unit price and payment shall constitute full compensation for all incidental materials, excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. Item 106: Adjust Manhole Ring and Cover. This item shall be measured and paid for by the number of sanitary sewer, storm sewer, or telephone manhole rings and covers adjusted to the final street grade through the use of concrete adjusting rings as defined in the specifications. The unit price and payment shall constitute full compensation for all materials, excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. Items 107, 108, 109, 110, and 111: Thermoplastic striping material. These items shall be measured and paid for as per MPWSS Section 02582, 4.1. 2 MEASUREMENT AND PAYMENT APPENDIX A STANDARD DRAWINGS T Cp NOTES: 1. Adjust manholes upward with adjusting rings under frame. 2. Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade. 3. Slope manhole frame as required to mathch slope of street. 4. Final manhole adjustment shall be made before paving. 5. All joints between manhole sections, top cone, adjusting rings, and manhole ring shall be watertight. Joint material shall be "Ram-Nek" or approved equal. 6. Manhole ring and cover shal be adjusted to match final crown and grade of street. Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required angle. 7. Manhole ring and cover: use MCI 305 frame, 305A cover, IFCO 772 frame, 772-B cover, or Deeter 1025, or D & L A-1172 with 1" cover. CITY OF BOZEMAN STANDARD DRAWING IE ADJUSINIC 5 NECETSIiRY -12' YAK) Scale: MANHOLE ADJUSTMENT N0.02213-1 None DETAIL Rev. Apri12005 TOP OF NEW PAVEMENT ~6"~ 1 B" MIN. 1 4" MAX. ~~ ~ f NOTES: 1. Adjust water valves upward or downward as required. Final odjustment shall be made after paving and before seal coating. 2. Model No. 69 8550 series, East Jordan Iron works adjustable screw-type risers may be used to roise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. TANDARDBDRAWI GN I SNONE~ I WATER VADETAADJUSTMENT I F b. 02004 -2 White 1 ~-I NOTE: The location of the crosswalk lines are dependent upon location of the sidewalks. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS N0. 02581-1 NONE FOR PEDESTRIAN CROSSINGS FEB. 1996 STANDARD DRAWING TYPE "A" CROSSINGS Revised July 2002 ~:>><>: \\~ 1' 2' f 24" White School Crossing f -2~ -8' Typical f NOTE: The location of the crosswalk lines are dependent upon location of the sidewalks. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS N0. 02581-2 NONE FOR SCHOOL CROSSINGS FEB. 1996 STANDARD DRAWING (TYPE "B" CROSSINGS) Revised Dec 2003 8' - 4' 8. _q. 8' - 4' 8' -4' NOTES UNLESS OTHERWISE NOTED EACH SQUARE EQUALS 4 INCHES. ALL PAVEMENT MARKINGS ARE TO.CONFORM TO THE REQUIREMENTS OF THE "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" AND "STANDARD HIGHWAY SIGNS" PUBLICATIONS. FROM THE FEDERAL HIGHWAY ADMINISTRATION. ALL WORDS ARE TO BE WHITE. USE THE SRES OF WORDS SHOWN UNLESS SMALLER OR LARGER SIZES ARE NEEDED. THE SIZE OF WORDS MAY BE SCALED PROPORTIONATELY DOWN BY APPROXIMATELY ONE-THIRD FOR LOW-SPEED. URBAN CONDITIONS. THE MINIMUM HEIGHT OF ANY WORD IS 6 FEET. LARGER SIZES MAY BE USED FOR ABOVE AVERAGE SPEEDS AND OTHER CRITICAL LOCATIONS. DO NOT EXCEED MORE THAN ONE LANE IN WIDTH FOR ANY PAVEMENT MARKINGS, EXCEPT IN THE CASE OF THE WORD "SCHOOL". WHEN "SCHOOL" IS EXTENDED TO THE WIDTH OF TWO LANES, SCALE THE WORD UP PROPORTIONATELY TO FIT THE APPLICATION WIDTH. FOR MULTIPLE LINES OF INFORMATION, PLACE THE INFORMATION SO IT READS IN THE DIRECTION OF TRAVEL. DO NOT EXCEED THREE LINES OF INFORMATION AT ANY LOCATION. WHEN WORDS AND SYMBOLS ARE USED IN COMBINATION, SPACE THEM AT LEAST FOUR TIMES THE HEIGHT OF CHARACTERS FOR LOW-SPEED ROADS, BUT NOT MORE THAN TEN TIMES THE HEIGHT OF THE CHARACTERS UNDER ANY CONDITION. ON NARROW, LOW-SPEED BICYCLE PATHS, SIZES OF LETTERS MAY BE SMALLER THAN SUGGESTED. BUT TO THE RELATIVE SCALE. OUANTIT IES ARE BASED ON THE SIZES OF PAVEMENT MARKINGS SHOWN AND ARE FOR ESTIMATING PURPOSES ONLY. PAINT VOLUMES ASSUME A IS MIL THICKNESS. EPOXY VOLUMES ASSUME A 20 MIL THICKNESS. 10. 00' 8' -4' 8' -4' QUANTITIES WORD AREA tFT' 1 PAINT (GAL. I EPOXY IGAL. I STOP 22.77 0.21 0.28 ONLY 21. B9 0. 20 0.27 RIGHT 26.05 0.24 0.33 LANE 23.94 0.22 0.30 LEFT 20.00 0. 19 0.25 TURN 23.98 0.22 0.30 SCHOOL 48. 14 0.45 0.60 NOTE EACH SQUARE EQUALS 0.40' o u, - N ? ` a~ ¢ ~ U ~ 33ip 2 Q ~$ >: O <3 ~ O ~ •~ ~' N3W 3nYe 3D 3703 D ~ Z < ~ ~o 1 FuNO ;_ ~~~ i N z ~ a \ ~ a oW \i < sNN .~ i i ~~ Io ° ^ ~4 zQ - _ o~ ? ~ ~V ~ ~ v44 S° ffi „ - ~ m _- -> ~~ oo ~< _- _ _ ~ ~ d ~~ ~ _ ` $s z ~ -_ ^' W °< ~rc ~ ° ~o og< $ << y~ 3e o ¢ s ~ lN~3^r _ _ Ny~ ~ ~g°u F~ $oz ~~ ii < ~~ e ~ 30 Y c~: u ~uw ~? & W a~ 3 s 3~~ - g~a ~o ~: _ ,~0, %oi-.~~ ~~ -- __ r' p ag _ " a~ - ¢ I i '~' _ o~ ` = o ~ ,~ ~ ~ o~ z < o s 0 < i I - °i ~O ~4 z°~ v y~ 3 0 ~ ? _ ~ ~~ ~ i¢ ~ ~ J O 2~ D W Z~ i $O J ~ Vf g F UNry ; `I'S U W wo'0 a K ~W`~ 1 ~ ~ li d I - a N ut CQ ~'~ ~1 ~t $H_ ag N~f~ _ ~u~ ~ - _ ~P~ .,, o~ ;s z o a- -~ - oEw ego :€ »~ ~. ~ gm zo ';" g$ W~ N~io d ° -_ - -- ~~~ o~ ~ ~ - ~$ ~ a8 ` ~ oar - ,W sy ~~> _ ~ o N~„ a W~¢ a a = i _ z < - ~ m i i N a ~ a a ~~ o _ z = u I ii ii 1 APPENDIX B Estimated Quantities Work Vicinity Map Plan Sheets d N U ~±, ~ M M O O O M M LL J O N NO .~-~ O .- N L W J O >~. m ~ ~ 7 V N ~ O ~ O M ~ M ~ O O M ~ W 00000 ~ N V V .M-- ~ ~ ~ Z W Cn r °0ncnjo v (~ MaO~~ ~ W Y ~ ~ Q ~ a ~ ~ ~ C f6 Q W W Cn -~ s ~ Y ~ o ~ w F .o ~ a~:°D ~ ~ w ~ >. m c m ~_ rn d ~ ~ m U ti c~~~C7 F~- w O 00 ~ LL J N (O CO "' N ~ V N 'D Q O N O N OD N M M M x ~ 0 ~ O O O O O O ~ N ~ _ _ n(O~aN V V V V O M N d } N (O (O tn000000 M rn ~ ~ o n ~ ~ ~ v rn c `coomnnao v (D to M N M M M M N i 1 i 1 w w r (n v -o c N ~ N N _y ~ w ~ N f~6 ~ ° oU ~(7C~ o v c~ o m o 0 ~ ~ ~ o :° a~i m :°• v - m F- V c N N C Uc~cn~~mm~C~ J Z O Z Y Q H Z w w Q a ~ O ~ N ~ ~ N M ~ O O ~ ~ l~ ~ N a m O m ~ ~ j O m d' JLL Y Y Y m ~ _U U U c m a~i m ~ ~ _ ~ X ~ YYYIim H G ~r r CATAMOUNT ST w InII(~I ~4 s-F C St NDE ~LN }l O ~ ~~`'„~ CATRON ST ~F~ 3 ~ ~ ~ ~z BpRK~~O ~ ~ ~T w ROAD ~ ~ d~~GAIL ST ~ ~~ ~~,~ ~~.,l dal ~~~-n n z GALLOWAY ST `, a a~L Innn Z < [EQ.UF.ST~RI_A~N_LN_ d aj ~ B SAL ST~ ~ ~ ~a r EALLGN ST 3I ~n ~ ~ ~ ~ ,~ ~w o o '" ~' ~ LJ^^^^^La~ ^L]^C~l~^^ ~ ~ ~J 4LLIS sT l >, HUFFINE; ~LN ~-~`~ ..~_~ Q ~ LW COLLEGE ST ~ ~ ^ ^ ^ ^ hJ ~ ~ z° ~-~ ~~-~ ~~ ~ ~ n n ~~l W iHA RR ISON~ST ~> [c~~ ^ Q Ch I ~~EER ST~~^^^^~^L"'1^ x (y w o ^~^~1D x LrG.-~~W GAR LD STO~Q L~'J LGARE LD S ~ I L¢~ ^IwI~ ^ ~OJ L b ~ ~~~ ~W GRANT ST ~~~ Ca~ ^ ~ ~ ¢ z M`O W LINCOLN ST ~ ~ `" ~ ~ u ~~ ~ IppI'' ~ w ~ ~ REMINGT~WA~Y Fd-I ~`" ~ Cd~ O x ~ w d ~ ~~~~ ~ p ~~ ~ ~W KAGY BLVD ~ `O~ ~~~ ~ 4 ~~ ¢ Q Q ~ A E KAGY BLVO~a C~ STUCKY RU o x ~ ^ ~ ~- `~F~`7~ O° BAXTER LN ~Eii ~c 0 ~. rv z 0 O ~ln ~pI'LAN RD~BOY~~N RD ~ ~~ d Q p `P~' ____ ~ BR[DGER DR F' ¢ C ~ HILLSjD ~'= ~ i~~~ ~~ E L N LN~ ~ EjGRIF~ ~ DR ~ Q A U wl TSCHACHE LN ~~ ~~, ~p,~~BN DRS BRYANT ST !~^¢1 PATRICK ST BOND ST W~ ^ ~~ ~ ~~ ~ ~ ~ ~~~T~N~ ~~W~AK ST ~ ~ $ ERSTAT 5~ W QAK ST z ~ ~~ OAK ~ E 9p -ti-~ o .IOHN DEERE-ST-~ ~~ ~U w _,~~ ~ST ~ ~~~J ~~ CATERPICGAR ST ~ ~ ~ ~ ~ ~~Q~ ~ d ~~L9G ~~ ~ RENOVA ~N~ ~ ~ v. I I ~<v~ ~ x ~ ~'~_ OT p'S' A~~r ~ ~ ~ ,'L~T ~ A~ LDR~ ~, F CO~~~ U,~ ~~ O NEE ^~ Fp,RIv1AI- ~ ~ ~~ -,~ ^~ -~ O C~, S7~ ~~ ~ u ~ ANNIE ST -~ CI v III~~~ i ~] `~ 9G f ~rj i Z >~ ~W TAMARACK ST E TAMARACK ST ~ dy PoTOSI-sT ~ ~ n DR ^ ~~~'~ z IJ ~I ¢ ~ ~-~ 0 ~ ~. ~ ~] ~UILYI ~~OSE-STS C~~ ~/~/~ I ~ ~' x ^ ^ ^ Lwl ^ I_ w~ ~ s ~'~'p ~ ^ ^ p ~ ~ ~ SNAPDRAGON ST 1 I // ~ I w ~ ~ ~~ ^ > w ~ ~'T ~AR~sON) sT ~ ^ z -oL~,IVeR~aT ~ ~~ LJ ~d I ~O I ^ ^ Cdl ^ ~ w ~] ^ ^ s ~o ~ ~ ~~ W~~~DIJR,ITOIN Ro ~~ ~l o z' [~ ~^nnn^w~ ~ ~Q~~¢~aW 1 L _W~ v,l ¢l ~ "~J O"J I I I ¢ 00 ^ D~~d ~d w ~¢ Iz d > w w w Fl r~11~~ f vlL~NJ~ ~ j ~~l ~QJ ~~,/ Q Q > z ~ ¢ ~ c -w ¢ ~ ~ ~ ~ ~ [s-' ¢ d >d > ^ ~~J n ~ LZI ^ L J LQI LJ ~z U ~-~~ //'~Q ll~o ¢ o > ~, ~- xm -~ ] z ~' o ¢ ' ~ z 3 ~ i o ~~z N ~" x I~ - ~- x x x w 6EALL sT U ^ L~-1 [ ~ ~ _ ~ z 4 O 3 w ~ y, w ~ ~~v w ~ Zz-o ~ zz-_.. o ~ C~ ~EuLAMN1E, STI c' 1 ~_w d ~ N x ~ ~ ~ ti > ~ w~ ~, -- ~r~oo ODIz~OCz] } ~ ~ ~ w ~ v w ''~ ~ Z C-1d `" > z z W MENDENHALL ST E MENDENHALL ST ~ I >- ~~U C7 v ~ W MAI~S!I^^^^^^^^ ME AIN S!J~ lu I~ ~~~~~~>3~~,~]~~~,~~~ ~IW BABCOCK ST ~^CW BA CB OCK ST^^^^~~^^ ;y IQ ~ ~ ~~ z W OL[VE ST o~^~W O.JV~S~ f^11^^^~~L¢I~^^ ~ ~ .~ts!c d O~I~A'VALLI ST ~ ~~~d 00 ~~ n O~~^^^ ^^^^Ol>1^^LwJ z, >- d 6 CuR p o '~' .O 1 / r1 j cv ~ w w ¢ ~ d w ^ o ~~ L~ O Z ¢ - ~~/L A~ ~ ~ d ^ ~~~ Iwl LJ LJ LOCH _J ^ IQl ^ ~QJ ~ r~pl ^ ^ W ~~l O O ~''all ~~^L~I 3 ~ ¢ o ~ I¢1CW STORYLJ!^ Cs~^~z~~L¢I^[W7~a, O La ~ .O Improvement Type COLD MILL & HOT MIX OVERLAY, AND SEAL COAT ^~ COLD MILL & HOT MIX OVERLAY, PAVEMENT MARKINGS ~~ PAVEMENT MARKINGS ONLY ^/ SEAL COAT & PAVEMENT MARKINGS ~u BROOKDALE DR , ~, r~ 1~n~ O^n ~D~~~ Bann .nflflwl~ ~d 1 Mile 2009 STREET IMPROVEMENTS ¢.~j l~ s~ w~' RNOL ,D STS 1~~o InnnO GRAF ,, WORK VICINITY MAP ~ II 1 0.5 0 + MATCHLINE - S N N ._.~ I ~ m z o p z ~ ~ o~ m ~ r ~~~ ~ ~ ~~~ o [ohm I ~ .ZD72D I • S. WILLSON AVE. {~ r '~+ ~ O ® O ® I l ~ _ z r *+ ~ N ~ cn O r p ~~ ~._,. ~ Z C D_ Z r O =O fT1 Z O Z x m D m p Z _ ~ < O m r m ~ f -C . + ... 0 ,~~ -s ~'%; ~ m ~ S. GRAND A` ~ ~ 0 ~ ~ 0 rn (T ~ O g.-. z Z~ II~ 0 0 0 ~{ _ ..~`~ .. ,, -~ ,~ d • .a,:. ~• cu n 0 -- z ~. •'~ ~~ ~ ~ ~~ m ~ ~I MATCHLINE S. 8TH AVE. S. 5TH AVE. m ~~ ~~ nz ~ ~ ~~ m~ n~ 00 z~ z~ O .:. ~ s J -F', ~' m m z _~ p ~~z ~ ~ D D Z r ~~~ ~~ ~m D IN ~+ 0 0 o ~_ ~ ~ ~~~~~~ ~ ~ S. 7TH AVE. _ I S. 6TH AVE. MATCHLINE - - `I`g - - REVISIONS 2009 STREET IMPROVEMENTS °'B° THE CITY OF BOZEMAN ~°~ °~~~ ~~ ~ ~ ~ ~ ~ ~ HOZEMAN, MONTANA ~ BNGD0310]iG DEPARTIC3NT ~ 9 ~ fn c o _ _ i 20 E. OLIVE -- P.O. BO% 1230 p ~ ~ f •t - ~ EOZEYAN. YONTANI 6DT71-1230 O A W. COLLEGE ST. 0+00 TO 23+00 `~r.~ ~y°t" HONE: ~.Ge~ sa2-22eo -- ^AS: c•oe) sae-z2as ~I;I~I~ ~ ~ S. 4TH AVE. }1 r "', o I .~ ~.7 1 ' =~ '1S NOS`dW 'M z ~ ~ ~ ~ ~ ~ ~ - . , ~ C ~ ~~ ~ ~ ,. • ~ ~A ~ ~ N : l LL D O --I nND ~ '~ ~ i\ ~zr q O" G7 ~ ~ W ~t ', U! Z m I D D p D "D ~~ ` ~ ~ t ,(, m 1 O m ~ I r ~ ~ ~~ ..; c 1 W ~ I c +~,'; ~W ® ~ i '~ ' e ~' .: T .: O ''AA VJ. ~'. 5 y~y~• J'am', '~Ab' NIOCNII '3 C )1 $ --i- 00 d ''AA V) . l ~ ~ ~. ~.. T~T I m t; w 8 I~ ~+ .S .~. . m z 0 r= r \ ' O . , ~ ® p I I O ... OD .. ~' '1S 0~313~Ib'0 3 MATCHLINE ® ---- - B° REVISIONS 2009 STREET IM P ROVEMENTS °' THE io B MAN ~ ~~ ~ ~ e ~ ~ ~ ~ ~ ~ ~ ~ .. = • • EO R OUYE -- P.O. B0~ 1C90 NO ~ ~ w -' ~ BOZ~(AN, YONI'AN1 69771-1&90 ~ " S TRACY 0+00 TO 3+67 & S BLACK 0+00 TO 14+81 +` ~'r ~~ (+~) sex-~ -- ~~ (~) ~-~ ~ '° I ~ I ~ '" . . .,~ ~ ro ~ "~ MATCHLINE o - ° - - v `~ ~ OO+Z 14 00 _ ~ ~- _,` ® m ~ - °' 3At/ MOO NIA '3 ~ ® , S. BOZEMAN AVE. ~S~~.pp ` cn ~ p - N - ~' T ~ ~~ Hlc ~ \ ~ ~ II A o ~ , ~ ~ D ~~ _ ' z o m ~ ~ ~ z ~- ~ z ~ r ~ ~ ~ r m ma oa m ~ \ x ~ o Z z~ ~ o ~~ _+ 0 0 W I ° g + 0 ° N pp ` r ~ ,~' ' < v ~ m ~ 4+O 0 _ 1 5+00 7$ + 3 ~ ~ ~ "~ I m z T _ ~ - . ~ ~~ . g +. I ~ S. MONTANA AVE ~ ° !~ ~ ~ W ~:<: LS O131~L1`d9 '3 w ~ ' • w ° ; ~; - _ _ o d r •e _ - ~. ~-- aA'' . x~ .-. W ~ ~ _ C~ Z ~ I ~ ~ o ~" + g J + N~ g ~o m O N ~ n ,: i '~~~ ~ ~~~ Z Z -< 0 o ~ (D ~ ~+ (T I 11 1' O ~ II ~z~ ~' _ ~ cn 0 p O ~ ~ N ..: ~ ~ ~ ° ~ • N ~ S. ROUSE AVE. N ~ ® ® z v r m ;,,. ~--~ r '< ~ ® ® O ® ~ ~ rn z ~ N O ~ ~ ~ N o p m r ~ ~ ~ + C ~ ,'Cmj ~ ~ N O ~ r ` Z G D Z r ' f W O m Z ~ D Z 0 m y I j p z o ~ m ~ MATCHLINE rrl ~ ~ - a - O - ~:~ MATCHLINE 0 $° REVISIONS 2009 STREET IMPROVEMENTS °' THE CITY OF BOZEMAN "°~ °~"'P"°" ~"~ ~' ~ , ~ B°ZE11AN, M°NTANA i ENGDIE~WG DEPAR79®iT ro R 20 E. OLIVE -- P.O. BOIL lE90 ~ O R N ~ t =- _• ~~ BO ZEYAN, 110NTANA 69771-1290 O A ~ '" CLEVELAND S E ~ t~ (wa aez-zzas rBOria ~oa ae2 2290 rng tO I ` I ~ ~ . T. 0+00 TO 20+48 ~s ~ r° : ( > ) - -- : s ~ MATCHLINE ' g _ ~ rn MATCHLINE 0 w + ~v o :." • .~. + ~ o ~+ 0 (Ir ~;; ~ l~ ~ 8 + _ m g ' ~ ~ ~rMY.':.. N~ ` ~ ~~~~ ~~~! ~ , O m Z x r: T .~ ~ _ , ~ ~ D O • ~ m _ '1S aNt/l3/~3~0 '3 ~ ® ~~~Y `+'r -~# ~ - ~- rn --~ - ----f - r ~ g . ~ 00+81 ~ ___. ~ , '1S 0~31~2~dJ '3 • -~ -_ - w+ ~ ~ m -D G) ~z ' `1 r ~ _ ~r * m r ~~ ~ < Om z~ z~ 0 o _ r `-' ~ ~ ® O ® ~ ~ ~ cn ~ cn iO r m z ~ ~ (n L o ~ ~ o m ~ o ~ ~ ~ ~ ~ N ~ m Z ~ D < D o ~ ~ D ~ r o ~ -N- ~ Z = ~ m D z Z = r II~ ~ MATCHLINE ~ o x ~ m D ~ m D z o o z _ o < f o r ,~, ~ m ~ ~ O O ~ - ter-- ----~- ® OO+c, _ _ ~ '1S MOONI~ o • O m ~W ~~ nz ~ ~ _ cn r m m~ ~ O Z ~ Z O r~ 0 N 0 0 I_ W '}' ~.. O ~. -o ,o • I cn 0 v D m rn 0 -~ 2 w w °i MATCHLINE - ~ 0 _ 0 1 RCVIJNRJ 2009 STREET IMPROVEMENTS °'H° THE CITY OF BOZEMAN ~~ ~ ~~ o ~ ~ HOZEMAN, MONTANA , aNGDaa~G DEPART103~1T N 8 ~ T ~ * * 20 s. olive -- r.o. sox isso o `~ o =- _ - r` sozsM~N. vorrrews semi-iaso o I~ I~ ~ S. MONTANA AVE. 0+00 TO 15+94 `~r,~, ~ yo+~`~ Boris: lsoe) saz-zzeo -- rAZ (aoe> sas-zzas `O ; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~ 1~ ,~+ • MATCHLIN 5+00 l -- I • BRO ~ * Q~!0~0 E S. S ~ ~ ~ BLACK AVE ~DALE DR. _ ~ _ _ + ° 1 S. MONTANA AVE _ m , r I ~ IALDERCREEK DR. ~ D z ) ~ I ~ ~ I I I r~ D Z ~ I I m~ ~ ~ ~ n r I ~ ^c~o v' ~O om ir - - o zf~ o+ MA o z~ z ~ TCHLINE v ~ t D , o ~ rri o, ~ _~ m ... ry r`' ~j (+ ~ ® T + ~ ~° ~ To CAMBRIDGE D + 0 0 I O O T + ° 0 I° ~ ~ ~ ~ D ~ Q d rn z ~ cn o -r;- ' ~ ~~ I o ~- z ° ° o o o I I 0 o-, I ~n~ 0 m r + m v o0 v~~ D r z ~ N r ~+ ~ I z~ ~ IN + I ~ ~~ o m O Z ~ N ,~. w ~. ~ D m T~ z O O I ~ I~ N + O Io I I =~ vZ D m Z 11 II w W + 0 0 I~ + 0 0 -~ 0 T+ 0 I e8. I + I I o IALDERCREEK DR. I 1 I I I I I MATCHLINE 0 T m Z v r 0 0 L ©, m ~ [[ -- D V + ,' ® S. ROUSE AVE. o m O O ® ~ m Z ~ m g ~ .p r v N o ~ ~ p ~ ~ c n z ~ m ~ m ~ ~ ~ ~ ~ -~ N m ~ < v ~ ~ ~ ~ Z r D Z r O W ~ m Z ~ D O x rr*i D m Z v z _ o o < ,T, r m ~ ~ ~ o 0 c~ c ~m mN ~~ O~ I~T7 D ~r Dr Z~ m m z m Nr O ~ T°'n ~ i DI ml • ~ 0~ __{__-_ I S. BOZEMAN AVE I I • W a 1 i + 0 I' r~ C Z n O r Z MATCHLINE °i 0+100 - -1- - ~ r-~~--- -f - I S. MONTANA AVE. I • n 0 co - Z ~- cn 0 009 STREET IMPROVEMENTS ~~B° REVISIONS THE CITY OF BOZEMAN ~~ ~~~ ~~ ~ ~ ~ m ~ ~ `~ BOZEMAN, MT »cnaa~c n>~,-xri~r `~ e o ° - -- ~ zo s. ouva -- r.o. e°x >zso No ~ ~ ~ E. LINCOLN 0+00 TO 7+45; F - ,~~ Bozarrw, Yorrreru ae~n>I->IZSO o o ~ ~ GARDENBROOK 0+00 s ~0~' (4oe) aaz-zzeo -- rns: (408) 582-2zas h ~ I I ~ rn TO 12+31 s W, y 3 ~~~ ~o ~ ~ ~ 9~l o ~ 9 9 m A d 9~'R DR z SEAL COAT GALLATIN PARK DRIVE INSTALL TYPE "B" ~, CROSSING, BAR SPACING 3.5' x z END SEAL COAT 200' NORTH OF GALLATIN PARK DRIVE ~O Os 9L~ * INSTALL 6 BIKE LANE N ~, MARKINGS ~ ~ ON MANLEY RD z z < ADJACENT TO < EXISTING BIKE ~ ~ LANE SIGNS ~DEVILLE LN ~ W GRIFFIN DR INSTALL LANE MARKING SEE DETAIL SHEET ca a 0 z E GRIFFIN DR ~ H ~ BEGIN SEAL COAT ~~ FIELDSTONE DR F- m ROOKDALE DR Q BROOKDALE DR z U Q J CONCORD DR O ~ ~ ~ a d Q Q ~ ~ LEXINGTON DR ri ALDER CREEK DR M ~ w ~ ~ ~ ~ J ~ ~ `a 3 PARK PL SEAL COAT o ~ GARDENBROOK LN. ~ AFTER COMPLETION o ~ OF MILL & OVERLAY ~ o w ~ w O CAMBRIDGE DR ~ O w O 2009 STREET IMPROVEMENTS WORK DETAIL MAP -.SEAL COAT IMPROVEMENTS