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10- Bogert Park Sidewalk Replacement Contract Documents
F,, r 1 .. r i PRODUCER Key Insurance 123 W Lewis Livingston, MT 59047 INSURED C0VFRAGFS CERTIFICATE CAF LIABILITY INSURANCE DATE (MWDD/YYYY) a 5127/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PM'S Inc Pioneer Mountain Substructures Inc PO Box 555 Gallatin Gateway MT 59730 INSURERS AFFORDING COVERAGE NAIL # INSURER A Monta State F und INSURER B. INSURER C INSURER D THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR IN RD TYPE OF INSURANCE POLICY NUMBER E DATE MMIDDlY POLICY IATI DATE M D1YY LIMITS GENERAL LIABILITY EACH OCCU RRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ••••• CLAIMS MADE OCCUR PHEMISES Ea occurence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO C O MBINED d ntj INGLE LIMIT ( c $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE {.Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACC DENT $ ANY AUTO OTHER THAN' EA ACC $ 5 AUTO ONLY, AGG EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGA $ S S DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 03-314149 -0 1 2/01/2009 1 2/01/2010 f TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR /PARTNERIEXECUTWE OFFICER/MEMBER EXCLUDED? Ilyes, describe under SPECIAL PROVISIONS below E,L DISEASE - EAEMPLOYEE S 1,000,000 F.L. DISEASE - POLICY LIM17 $ 1,000,000 OTHER 4 OF =111TMN9 � EOEATIONS I VEHIeLES I EXCLUSONS ADDEE; BY ER rMT I SPECIAL PRLONS c.cnrlrit Aic nULUMM CANCELLATION City of Bozeman PO BOX 1230 Bozeman, MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE r Connie Mackay 1�ttfl-11 ACORD 25 (2001108) 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(jes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsernent(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. - AC J?" PRODUCER Gallatin Insurance Agency 200 West Madison Avenue r,elgrade MT 59714 INSURED (Y1VPRi nil MAIM , 406.388.7211 fax 406.388.1412 PMS Inc Pioneer Mountain Substructures Inc PO Box 556 Gallatin Gateway MT 59730 DATE MWDDIYYYY) IN 05/27/2010 THIS CERTIFICATE IS ISSUED AS A MATTER" OF IN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL INSURER A. Ohio Casualty Insurance Company INSURER B Ohio Casualty Insurance Company INSURERC Allstate Commercial Insurance Company INSURER D INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MWDDIYY) DATE MMP01) Y) LIMITS A X GENERAL LIABILITY y' COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR BH054399791 02/15/2010 02/15/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurence ..100,000 S ME EXP (Any one person) . 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY '..... PROJECT LOO PRODUCTS - COMP,'OP AGG S 2,000,000 .0 X AUTOMOBILE LIABILITY 1/ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS f HIRED AUTOS NON -OWNED AUTOS 048844082 11/17/22009 11/1''...7/2010 COMBINED SINGLE LIMIT (Ea aca....dent) S 1.,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per (Per accident) PROPERTY DAMAGE (Per acradent) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG $ $ B X EXCESSIUMBRELLA LIABILITY ✓ OCCUR 0 CLAIMS MADE DEDUCTIBLE RETENTION S ESO 11 54 39 97 91 05/27/2010 05/27/2011 EACH OCCURRENCE S 1,000,000 AGGREGATE $ 1,000,000 S $ 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRO PRIETOR/PARTNER;EXECUTIVE OFFICER %MEMBER EXCLUDED? If Yes, describe under SPECIAL PROVISIONS below TORY LIMITS ER E EACH ACCIDENT $ E MSEASE - EA EMPLOYEE $ E.L, DISEASE - POLICY LIMI $ OTHER Certificate holder is additional insured on Commercial General Liability, Excess /Umbrella Liability and Commercial Auto !'CL7T1C k*rc Unr ncn ...::: City of Bozeman PO Box 1230 Bozeman, MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATPffe' Ilk Connie Mackay C __4X ACORD 25 (2001103) Cos ACORD C ORMIP IfSN 1 QAA IMPORTANT K the certificate holder ioan ADDITIONAL INSURED, the policy(ies)nmst be endorsed, Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), D SUBROGATION IS VVA|VED, subject to the terms and conditions of the pdicy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endnrmemant(u). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CITY OF BOZEMAN, MONTANA • PEDESTRIAN a w INSTALLATIONS TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to BEd' 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 Standard Drawings a ., 0 . Montana Reinvestment Act Report Form Estimated Quantities by Work Location. Plan Sheets 1 - 3 INVITATION TO BID The City of Bozeman will receive sealed bids for its Bogert Park Sidewalk Replacement and Pedestrian Ramp Installations contract, 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, May 4, 2010 and then publicly opened and read thereafter. The project consists of replacement of approximately 770 L.F. of concrete sidewalk and associated drive approach and street approach improvements along Bogert Park, and street corner pedestrian ramp installations in an area generally bounded by W. Lamme St., N. 10 Ave., W. Villard St., and N. 8 th Ave. 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 E. Olive Street, P.O. Box 1230, Bozeman, Montana 59771- 1230. All bids and proposals for the construction of any public contract project shall contain a statement showing that the bidder or contractor is duly and regularly registered under the laws of the State of Montana, and the contractor's registration number shall appear upon such bid or proposal, and no contract shall be awarded to any contractor unless he is the holder of registration, all as defined by MCA 39-9-101 through 410. All laborers and mechanics employed by contractors or sub-contractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the State of Montana. The contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent (10%) of the total amount of the bid. Successful bidders shall furnish an approved Performance Bond and a labor and materials Payment Bond, each in the amount of One Hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful bidder(s) and a Certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00 p.m.. local time, May 4, 2010. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed Sixty (60) days, and to accept the bid which is in the best interests of the Owner, The City of Bozeman is an Equal Opportunity Employer. 1 INVITATION TO BID Dated at Bozeman, Montana, this 13th day of April, 2010. Stagy Ulmen City Clerk, City of Bozeman Publication: April 18, 2010 April 25, 2010 2 INVITATION TO BID I WN 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 Ave, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: BOGERT PARK SIDEWALK REPLACEMENT and PEDESTRIAN RAMP INSTALLATIONS, 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. Bidders must bid both schedules. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable, SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by, or on behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. INSTRUCTIONS TO BIDDERS In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work and (d) has appropriate technical experience, Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, Fifth Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS), dated March 2004, including addenda, which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document, Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid.... ..... .................. Instructions to Bidders... ................ BidForm ................... ...... ......... BidBond., ............................ ........ Agreement Form ........................... Payment Bond ............ ........... ...... Performance Bond, ............... ......... Standard General Conditions........... Supplementary Conditions .............. Miscellaneous Forms Notice of Award .................. Notice To Proceed ................ Change Order, ......... .... . Work Directive Change......... Application For Payment (Guidance Only) ............. Bound Herein Bound Herein Bound Herein Bound Herein Bound Herein Bound Herein Bound Herein MPWSS MPWSS/Bound Herein MPWSS MPWSS MPWSS MPWSS MPWSS 2 INSTRUCTIONS TO BIDDERS Certificate of Substantial Completion ............. Wage Rates ................. _ ....... ......... Special Provisions ............................ Technical Specification ........................ Appendix A--Standard Drawings......... Appendix B— Estimated Quantities Plan Sheets, .............. MPWSS Bound Herein Bound Herein MPWSS & COB MODS MPWSS/Bound Herein Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for 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 nbt 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. 3 INSTRUCTIONS TO BIDDERS UNDERGROUND UTILITIES It is the responsibility of the Contractor to contact the owners of underground utilities as to the location of their underground installations in the project area The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known, The Contractor is required to call 1-800-424-5555 for utility locates prior to beginning any excavation work. INTERPRETATION OF CONTRACT DOCUMENTS 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. Once begun, the work shall be prosecuted uninterrupted by the Contractor, to it's completion. Contract time is shown on the Bid Form and Agreement Form. ADDENDA Any addenda issued during 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 Ave, P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: BOGERT PARK SIDEWALK REPLACEMENT and PEDESTRIAN RAMP INSTALLATIONS, CITY OF BOZEMAN. 4 INSTRUCTIONS TO BIDDERS Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: 1-11 In the lower left hand corner of the envelope print or type: 0 0 1 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 Contractors 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 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. 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, MODIFICATION AND WITHDRAWAL OF BID Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids as called for in the Invitation to Bid. Requests for modification or withdrawal must be written 6 INSTRUCTIONS TO BIDDERS and must be signed in the same manner and by the same person(s) who signed the Bid If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work, ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules. Only one contract will be awarded. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security, Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work, AWARD OF CONTRACT The award of contract, if awarded, will be made within the period specified in the Invitation To Bid to the lowest responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded the contract. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders, 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, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (1 5) 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 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, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 9 INSTRUCTIONS TO BIDDERS OW'OGERT PARK SIDEWALK REPLACEMENT and PEDESTRIAN RAMP INSTALLATIONS • NITA TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the replacement of concrete sidewalks and installation of pedestrian ramps, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a p,.=anent 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 45 (forty-five) consecutive calendar days after commencement of the contract time as defined in the General Conditions. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary, I BID FORM The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: SCHEDULE 1 - BOGERT PARK SIDEWALK REPLACEMENT NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures - ----- (Ficlures) 101 Concrete removal S.F. 4,936 and disposal 102 Combined concrete L.1 =. $ 40 curb & gutter 103 6" Concrete S. F. $ 4,610 sidewalk in place 104 4" Concrete S. F. 100 sidewalk in place 105 Driveway apron S.F. $ 175 $ $ 3oo - $ 71 2 BID FORM 106 4 Thickness S.Y. $ 64 $ 30 1 / 0 AC Pavement Surface (Fiaurer! rint irne� Course 107 Detectable S.F, $ 1 40 3,308 $ 70 Warning and disposal 108 Concrete valley S. F. $ 144 $ $ gutter curb & gutter log Concrete fillet S. F. $ 176 $ Z2 110 Additional S.Y. $ 15 75� Gravel Base, 4" Concrete S. F. $ 1,030 $39-20— 10 thickness sidewalk in place ill Concrete storm L, S. A 6 L.S. $ i360 � drainage outlet chase �5 NO� ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Fiaurer! rint irne� 201 Concrete removal S.F. 3,308 $ 70 and disposal 202 Combined concrete L.F. $ 443 $ curb & gutter 203 6" Concrete S.F. $ 1,468 $ sidewalk in place 204 4" Concrete S. F. $ 1,030 $39-20— sidewalk in place I 205 Detectable S. F. $ 378 Warning 206 Concrete fillet S.F. $ 45 TOTAL BASE BID - SCHEDULE 2 (SCHEDW BASE W BID TOTAL TOTAL BASE BID - SCHEDULES I and 2 (SCHEIDULES 1 and 2 BASE BID TOTAL - WRI N 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 Submitted this J day ( SIGNATURE OF BIDDER: Montana Contractor Regisl If an individual-. doing business as 4 BID FORM If a Partnership: by partner (Seal & Attest) If Bidder is a joint venture, other party must sign below Montana License Number and Class If an Individual-, doing business as If a Partnership: by Partner If a Corporation. (a) Corporation by (Seal & Title Attest) 5 BID FORM CNA 5/3/2010 2:12:02 PM PAGE 2/005 Fax Server Western Surety uompany Bond Number,_ " 0 9 2 2 1 KNOW ALL PERSONS Bv THESE PRESENTS That we o f I rl 1: 1 .. d S a I " a t _r. G a t e vT a y, M: -_ 5 hereinafter referred to as the Principal, and Wc c:t ern sure* y r)Tnanv as Surety, are held and firmly bound unto C 2: a , T o f Rouse A-re. 41'1'2, Dozeman, M7 G g7 hereinafter referred to as the Ooligee, in the sum of _21o) percent o� the g amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firm by these presents WHERFAS, Princ:pal n2s submitted or is about to submit a oroposal to Obligee on a contract For �4t R� Park Sii�_-waik Rer�iwpxent --' P-lip,71 1 , P�jrn� T '�t I R r, n :I t.Ln NOW, THEREFORE, f the said contract be awarded to Principal and Principal shall, wtilin such time as may iDe specified, enter into the contract in writing and give such bond or bonds as rnay be specified in the b dclirg or contract documents with surety acceptable to Ob igee, or if Principal shag fail to do so, pay to Cb,igee tne damages which Obligee may suffer by reason of such failure not exceeding tne penaty of triis bone, then this obligation sha 9 be void, otherwze to remain in full force and effect SIGNED, SEALED AND DATED this th I .. — day of May_ "CIC M Subjructures, inc. P in r " C BY =,e, (Seat) Wr r n (Surety) By Y_ SEAL Form F5876 CNA 5/3/2010 2:12:02 PM PACE 3/005 Fax Server W este rn 5u �. � ,, q PONVER OF ATTORNEY - CERTIFIED COP Bond No Know All Alen By T7ie8e Presents, that WESTERN ST;RETY' COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having itz pruicipal office in Sioux Falls, South Dakota {the "ompany ") does by there presents make ccnstit'utcandappoint — l;Z -V v _ i?XSO "t its true and lawful attorney(smn - fact with full power and authority hereby conferred, to execute, acknowlenge and deliver for and on its behalf as Surety, bnnda for Principal P ;or.ocz Mcurta - Sua� icwur�u, Inc. Obligee triter of Bozaaran Arnnirnt , CCG, 0C and to bind the Company thereby as fully and to the game extent as if auch bonds were signed by the Senior Vice President, sealed oath the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) in - fa,.t may do within the above stated lunitatiom Said appcmtmhnt is made under and by authority of the foll-iwing bylaw of`Wpot• -rn Surety Company which remains in full force and effect "Section '^ All bends policicc, undcrtalanga, Powers of Attorncy 7r other obligation of the corporation ^hat be ^xccutc'I in 1.h^ ocrporate name cf the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice Presidert or by such, other officers as the Board of L'aroctars may authorize The President, any Vice President, Secretary, any Assistant 'Secretary, or the Treasurer may appoim Attorneys in Fact or al;e= who shall have authority to issue bands, policies, orurdertalangg in the narne oftbe Company The corporate spnl is not necnsaary for the .andity of any bonds, policies, undertakings, Powers of Attorney nr other obligations of the errpnrAtinri The signature nfany siwh offi^rr and the cnrpnrat.} oral maybe printpd by f r;irnilr " All authority hereby conferred shall exeiire and terminate, 'without notice, uriless used before mtani;ht of Au qu 4 e- n, , but until such time shall be irrevocable and in £u11 farce and effect In Vditnen thereof, Western Surety Company has, caused these presents to be signed by its Senior Vice President, Paul T Brunat audits to be affixed this _ 4 * ez day of ._... ' = G 1 -- WEST R SIRE C014PA vY Fatal T $mfla Senior Vice President ST1q 4V,f4OL «TJ- 19TA �s C OL lv �..'4�1.AT,A 0n this 4 -nh day of a ::' ui the yea f befc•e e xza -j, a uoLary pubhc , pets eiially dppli as ed Paul T Bruflat, who being to me duly sworn acknowledged that he signed the above Power of !attorney as the aforesaid officer of WEST STr"R? TY CG1t4PANY and atknowledgcd said instrument to be the voluntary act and deed of said corporation *ww44wti44wwww444w44444y,.w� 0. KRELL r MOTARY PUBLIC t 5DB7TFG flAItDTA SEAL x� atar3 Public - SauthTlalcota r ^ t'ka 4 My Commss on Expires November 30, 20 I the und=ugncd officer of Wectcrn Surety :ompany, a ;tech; corporation of the State of South Dakota, do hereby ccrtify .hat the attached Tower cf ALLorney ie in hill force and effect and is irrevocable, and furthermale, that Section 7 of the bylaws of the Company w set forth in the Power of Attnrney i nowir faro In testimony whereof, l have / hereunto set my hand and seal of Western S arety Company this tl _ day of TMda ;r , �pi I Form F5306 -9 -2006 WEST F SI, R,E C— 014P Y Paul T B.I. en ar Vice President CNA 5/3/2010 2:12:02 PM PAGE 1/005 Fax Server STATE OF M -) n a r. ACKNIMLEDGMENT OF SURETY TTY JF COL Wturney-ln-Faet) N Ora this day of let - j --- I before nie, a notary public in and for said County, personally appeared tome personally known and being by me duy sworn, did say, that he is the Attorney • in - Pact of W- S'- a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on hehalf cf the said corporation by authority of its Board 'rf Diro-torr and that the said VKV7' 7 I YSIrK acknowled.acs; said mstrurnent to he the free act and deed of said corporation and that he has authon" to sign said instrument without affixing the corporate sea] of said corporation IN W'[TNESS WHEREOF, I have hereunto subscribed jTkN name and affixed my official scat at Lel cam 6e M- , I- ta r Z.) -- —=1 the day and year last above written TV ,y commi.s9ior, expire Notary Public Form 106- 4.2 ®0C NOTICE OF AWARD Dated: TO: Pioneer Mountain Substrurctures, LL ADDRESS: P.O. Box 556 Gallatin Gateway, MT 59730 PROJECT: City of Bozeman Bogert Park Sidewalk Rel2lacement and Pedestrian Ramp Installations CONTRACT FOR: Replacement of concrete sidewalks and installation of street corner pedestrian ramps. You are notified that your Bid dated May 4,2010, for the above Contract has been considered, You are the apparent Successful Bidder and have been awarded a Contract for Bogert Park Sidewalk Replacement and Pedestrian Ramp Installations project. The Contract Price of your Contract is: sixty one thousand three hundred six !y three and 701100 Dollars ($ 61,363.70). 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 7 1 of this Notice of Award, that is, by 1. You must deliverto the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2, You must deliverwith the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 8), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 1 List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03), Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security 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 MANAGER DATE: 0.5 - 1 - 7 (Q ATTESTt C) ' e iMail, THIS AGREEMENT is dated as of the 3 day of in the year 2010 , by and between CITY OF BOZEMAN, hereinafter called OWNER, and Pioneer Mountain Substructures, LLC 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. Replacement of existing concrete sidewalks and installation of street corner pedestrian ramps. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bog-ert Park Sidewalk Replacement and Pedestrian Ramp Installations. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 46 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars ($100.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of six !y one thousand three hundred six and 701100 Dollars ($61,363.,70 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 orwill 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: 7,11 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid, 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, March 2003, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fifth Edition, March 2004, including addenda. 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. 8.5 The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. -2 Titll (JOINT VENTURE) 12 Title (SEAL &) (ATTEST) (SEAL &) (ATTEST) City of Bozeman N (OWNER) ^ By (CITY MANAGER) APPROVED AS TO FORM: G (City ATTOht4EY c \wpdocs\rorms\agreefrm,mr9 Xx Date/lime MAY 12:06 CNA 5/24/2010 2:15:51 PM PAGE 4/006 Fax Server 11 Western Surety Company Bond Number: 70936115 KNOW ALL PERSONS BY THESE PRESENTS, That we Pioneer Mountain Substructures, Inc. of 12150 Gallatin Rd., Gallatin Ga MT 59730 hereinafter referred to as the Principal, and Westezn Surety Company as Surety, are held and firmly bound unto Ci of Enzeman of -E—.3 . . . ...... Box 1230 . 20 F. ..Clive, Bozeman, MT 5a!71-1230 , hereinafter Sixty -One Thousand Three Hundred Sixty -Three and referred to as the Obligee, in the sum of 7 0/100 Dolfars ($ �61363.70 —), for the payment of which we bind ourselves, our legal representatives, SUCCe$$Ors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of VtJ F- forEogort Paric Siduwalk Iln-placL:mcnt )n(i PcdCUt ' Utn] Int-i om�3 NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's faVure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first, If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee, SIGNED, SEALED AND DATED this 24th day of , May 1 2010 , P. 004 Kx uate/iime MAY IZ:Ub CNA 5/24/2010 2:15:51 PM PAGE 5/006 Fax Server A" ON W01 7%111�1 We te l iI Surety Company Bond Number: 70936115 KNOW ALL PERSONS BY THESE PRESENTS, That we Pionecr Mountain Subctructurco, Inc. of 72150 Ga 1 a ti n Rd. CF31 1 qt n (,at eway, MT 59730 hereinafter referred to as the Principal, and Western Surety Coripany as Surety, are held and firmly bound unto f--i-t-Y-- of.,, Bnzeman --- of P ........ 0. Box 123C. 20 E. 01.i.ve, Bozeman. MT 59,771-1230 ------- hereinafter Sinty-Onc Thouocnd Thrcc Hundred Sixty-T-arco and referred to as the Obligee, in the sum of 70 - Dollars ($ 61, 3 63.7 0 —), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated ' day of J u." 5 016 , for Boacrt Pa xk Sisjowalk Rcplaccmcnt and Pcdontrian Ramp Instollations copy of which contract is by reference made a part hereof, NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void, otherwise to remain in full force and effect, No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereoE is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 24th day of May 2010 M Su C (Seal) P. 005 By JR ORATE Coraic Lynn M-Ackay SE AL I I Rx Date/Time MAY-24-2010(MON) 12:06 P 003 CNA 5/24/2010 2:15:51 PM PAGE 3/006 Fax Server esterl Surety Gompany POWER OF ATTORNEY - CERTIF IED COPY Bond No. — 7 0.93 6'- 15 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and westing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Con—Lig Lynn Mackav its true and lawful attorneys) - in - fact, with fall p ower and authority hereby conferred, to execute, acknowledge and deliver for and on it; behalf as Surety, bonds for Principal: Pioneer Mountain Substructures, Inc. Oblige- City, of Bozeman An-unt' $500,000.00 and to bind the Company thereby as frilly and to the same extent as ifauch bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations_ Said appointment is made under and by authority of the following bylaw dWestere, Surety Company which remamo in RAI force and effect. "Section 7. All bonds, policies, undertakings, Powers Of Attorney or other obligations of the corporation shall be executed in the corporate nam of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board ofDiractere may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Cornpany. The corporate seal is net necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations Of the carpnration. The signature of any Rimb offiner and tbP (mrparate seal may be printed by femimiln." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 15 2010 , but until such time shall be irrevocable and in full force and offect, In Witness Whereof, Western Surety Company has caused these presents to be eigned by its Senior Vice, President, Paul T. Bruflat and its oa be affixed this 24th day o f May 2010 VIE S T 9 SURE.Ty COMPANY 7 T. B Paul rufl Z ei-rvi-- President Co On this 24th c o f May iii Llie, year —...2 01 0 , before me, a LwLary public:, personally appeared Paul T. Bruflat, who being to me dul sworn se th h signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said matrumOnt to boo the voluntary act and dead of said corporation. + D. t - A KRELL r N(YMRYPU & ew SOM DA KM & Notary Public - South Dakota My Commission Eores November 30, 2012 1 the undersigned officer of WmAern Surety Company, a stock corporation of the State of South Dakota, do hcrcl)y cortify that the attached Power of Attorney is in full fame and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as qet forth in the Power of Attorney is now in fbi-ce In testimony whereof, I have here=to set my hand and seal of Western Surety Company this 24th day of Ma,r 2010 Form F5306-9-2006 WEST R SURE J—y COMPANY z Paul T Bruflat^mor Vice President Rx Date/Time MAY 12:06 CNA 5/24/2010 2:15:51 PM PAGE 6/006 Fax Server P. 006 STATE OF Monta ACKNOWLEDGMENT OF SURETY (ALLorney-in-FauL) Bond N 7 RR .,Q � 361 J COUNTY OF Qa_lj�atin_, On this 0 —) — day of 100A,),— 0 before me, a notary public in and for said County, personally appeared Connie Lynn MarYav to me personally known and being by me duly sworn, did say, that he is the Attornoy-in-Pact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State o f South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said InAnie Lynn—Mar.kay nt acknowledges said instrument to be the free act and deed or said corporation and that he has au uthority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at 5elcarad Montana the day and year last above written. \ ��XMIIIIJJ J My coaunission e Aires YS() NOtarY hc • Form 1 064 -2000 0,0601ARIA4 ZZ s s F M 1/111111m%" STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (See Montana Public Works Standard Specifications 5 I Edition) 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 130',NDS I Add the following to Paragraph: 2.01.A Engineer shall famish 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 ran on the day indicated in the Notice to Proceed. 9) M SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05,A.3 of the General Conditions which is to read as follows: 2.05,AA 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 I 1,01.A.5,c of the General Conditions and these Supplementary Conditions including: make, model, and yeaT of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page I of 12 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07,A of the General Conditions in its entirely and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2,05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11 .0l.A.5.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01,0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of✓way without written permission from the property owner and tenant. SC - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify, Section 40810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 2 of 12 ER/ gf�l :,� I 1 NOW MINOR] i R N a SC - 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Is Add the following to the end of Paragraphs 4.03.A, Contractor to notif and Engineer in writing about differing subsurface or physical conditions ' within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 - UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A2. 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. 61=1 1• - - Nffl�@ -0 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 SURF-TIES 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-, V1, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement, Contractor shall not commence work under this Agreement until such Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 3 of 12 insurance has been obtained and certificates of insurance, with binders. or certified copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverages shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period, SC — 5,04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.043� C. The limits of liability for the insurance required by Paragraph 5,04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5,04.1 and 5,04,2 of the General Conditions. a, State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory C. Employer's Liability S 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A,6 of the General Conditions which shall also include completed operations and product liability coverage, a. GENERAL AGGREGATE S 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) C. Coverage will include: 1. Premises - Operations 2, Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury S 1.000,000,00 Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 4 of 12 JG Products and Completed Operations 6, Broad Form Property Damage will include explos collapse, blasting and underground where applicable, Per Project Aggregate Endorsement 3, Automobile Liability under Paragraph 5.U4.A,6 of the General Conditions: a. Bodily Injury: Each Person S 500,000.00 Each Accident S 1,000,000m PropertyDamav Each Accident S1,000,000,00 (or) b, Combined Single Limit S 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4, Contractor's Liability Insurance under 5,04.A.3 through 5.04,A.6 maybe satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit carmat be less than S1,000,000.00. Deductible not to exceed 55,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5,043. 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 S 1.000,000.00 Aggregate S 3,000,000.00 Section 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,5 remains in effect. SC-5.06 PROPERTY INSURANCE Delete Article 5-06.A of the General Conditions in its entirety and insert the following in its place: A, Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5. be endorsed to allow occupancy and partial utilization of the Work yaw by Owner; a LII(fff. I a 6. include testing and start-up, and tw 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 MI in accordance with this Paragraph SC5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this 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 6.02,13: Regular working hours are defined as 8:00 AM� to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: V 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, 1IM M Section 00810 SUPPLEMENTARY C0NDJTIOI` TO THE GENERAL CONDITIONS Page 7 of 12 SC- 6.13 SAFETY' AN PROTECTION Add new paragraphs to the end of paragraph 6,13,D of the General Conditions as follows: F:. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safet programs in connection with the Work. The right of the 6wner Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. F. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables. etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired andjor 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, Toads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. G. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. H. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. Section 00810 SUPPLEMENTARY CONIDITIONS TO THE GENERAL C04NDITIONS Page 8 of 12 4 M a M Hirmom I M M M SC- 6, 1 0 INDEMNIFICATION Add a new paragraph immediately after paragraph Conditions which i - r Taph 6.20.A. of the General Cond I 's to read as follows While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC -11.01 COST OF THE WORK Delete paragraph 11,01 .A.5.c of the General Conditions in its entirety and insert the following in its place: I 1.0l.A.5.c The cost for the use of all construction equipment and machinery and parts thereof whether owned by the Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC-2.05 and SC-2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost, 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 8; 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 Le performed. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 9 of 12 Delete paragraph 11.03,D] 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 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 I V," or more of the Contract Price which is the total sum of all schedules (if any), and MIM SC- 14.02-A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14,02.A.1 of the General Conditions: Payments for materials in Storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash Tetainage, Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5,a through 14.02.B.S.d inclusive, 14.02.D, 1 a. through 14.02.D.I.d inclusive, or 15.02.0. 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: a 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, AM The Owner wIll, upon presentation to him of the Contractor's Application for Pa 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 appro�'es 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 prtconstruction conference. SC- 14.02.D.I.c Amend the sentence of Paragraph 14.02.D. Lc to read: entitling Owner to a set-off against the amount recommended, including liquidated damages; or IV 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 anv 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. M SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14,05,A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's Section 00810 ST-TIPLEMENTARYCONDITIONS TO THE GENERAL CONDITIONS Page I 1 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 y Contractor will be ' equitably completion incurred and properly claimed b I 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 bv 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 as 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 W Add the f0Il0WIDg to Paragraph 17.0l.A: In 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 -notice t 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 7, TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ................. ---_............ ...... --------_---_--_------_—� 2 B. Definition o( Highway Construction ------ ...... .......... ....... — ....... ...... ----- ........ 2 C, OafinKionof Public Works Projects ----..................... ............. ...... ............... -----.......... — 2 O� Prevailing Wage Schedule ................ ....... -----...... —.......... ..... --............... ............. _—' 2 E Rates to Use for Projects ................ ................. —...... ...... _......... —_—......... ....... ------� 2 F Fringe Benefits --- . ....... ....... ......... -------....... .............. ........ ___ ................ —.......... 3 G . Apprentices ......... — .......... ................... --------......................... ......... ...... —_-----' 3 H. Posting Notice mf Preva Wages --... — ... ........... .......................... —_— ...................... ......... —� 3 | Employmen Preference — ... --............ .................. ......... ......... _ ........ --.......... ...... ....... 3 Wage Rates -- ........... ... ... ...... ......... _ ... ....... ....... ............................. ..... .......... _— .... . 48 A. Date uf Publication — February lI,%O10 @\ Definition or Highway Construction The Administrative Rules of Montana (ARM)24.]7j0l(3)—(3)(m), Public Works Contracts For Construction Services Subject 10 Prevailing Ratcs, states: 'z3ighwqrconstruction projects include, but are not limited to, the construction, alteration, mr repair of/mmcs. streets, highways, r/univuyc^Azx/wu}�'o/�yn.�nd�pu�s.umdpon6ing areas, 6r6�Tx conxooc/odor,gna�rJincon/mmvdonvv//h8(y&wuyv,*rk and w�he'similar yr(�jeua not incidental mbuilding construction ur heavy construction. /7igh`rai'conx/ruction pro/ccts/oc[ude, hut are not limited to, alleYs, base courses, hifunfinous treatniews, bridle paths, conc pavement, curbs, excavation and embankment (for road construction),fiencing (highway, grade Cros elimination (overpasses or underpasses), guard rails on highwags, highwaY signs, highwaY bridges (overpasses, n//dc]nuxxux.graue separation), medians, parking lots, parkwa resurfacing streets and highways, roadbe muuw�s, runways, shoulders, stabilizing courses, storm seivers incidental to road construction, street paving, su�ace courses, taxiways, and trails. " Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No. MT080001 Modification No.2 have been adopted by the Montana Department of Labor and Industry for use in Highway Cnoptruudum projects and are included lo this publication, These rates apply statewide nruo shown ioMT0V000iMocifioutlom No, 2. C. Definition of Public Works Projects The Montana Code Annotated (l8-2'40l(}1)(a))defiuem "public works contract" mo ''ocontrac/hxconstruction services let by the state, rmuwiy,mmmicipmli(y, school district, orp*Gy/caJ subdivision orfor»ouxoxoo"ac/iom services let b' the state, cmqv,mzmicipu/iA^o/'}o6dcwl subdivision /nwhich the total cost ofthecontract ishn excess ofJ25,000..,^ D. Prevailing Wage SehmdnBo This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein, These rates will remain io effect until superseded by a more curneoz publication. Current prevailing wage rates schedules for Building Construction.. Heavy Construction and Nonconstruction Services occupations can be found on the intemet at www.outwugohoorbopu,como/byconzucdog the Labor Standards Bureau o¢(406)444-5600orl'[)D(406)444'5549. . 2. Rates toDmmYorProjects Rates 1wbe used oil u public Works project are those that are io effect at the time the project and bid speclfico1ioosare advertised. 2 F. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states-, "(1) Tofidfill the obligation, a contractor or subcontractor mat. (a) pqv the amount of fringe benefits and the husic hourly rate ofpqv that is part ot the standard prevailing rate of wa�qes directlY to the worker or einplo�vee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to affinge henefitfund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 19 or that is a bona fide program approved b the U 5. department of labor; or (c) make payments using an ' combination of methods set forth in subsections (1)(a) and (1)(h) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, includingfringe benefits and travel allowances, applicable to the district for the particular type of work being performed (2) Theftinge benefitfund, plan, orprogrum described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, lij insurance, disability and sickness insurance, or bona fide programs that meet the requirements of'the Emploive Retirement Income security Act Qf 1974 or that are approved b3. the U. S. department of labor, " Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collecti bargained agreement in effect that specifies otherwise, G. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. However, apprentices not registered in approved federal or state apprenticeship programs will be paid the prevailing wage rate when working on a public works contract. H. Posting Notice of Prevailing Wages Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are `'performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing"f6r the entire duration of the projea, a legible statement of all wages to he paid to the einplo 1. Employment Preference Sections 18-2-403 and 18-2-409, Montana Code Annotated require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. A DAVIS-BACON General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide. **ZONE PAY** CEMENTS MASONS, IRON WORKERS, LABORERS, POWER EQUIPMENT OPERATORS, TRUCK DRIVERS The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, M|SSOULA ZONE 1-Obo3O miles - Free ZDNE2� 3Oto80 miles ' Base Pay +$2�GD ZONE 3: Over 8Q miles - Base Pay +$4.OU CARPENTER8� ZONE 1: Oto3D miles ' Free ZQNE2� 3Qto30 miles - Base Pay +$3.MU ZONE 3� Over 5O miles - Base Pay +$4.80 ELECTRICIAN Area 1 Rates Fringes CARPENTER $20,13 $4.76+3,8Y6 Corpsmhmr,p8edhm*nnan $22,71 $8.85 N1Ukmhght ----'--'------------------------------ $24.78 $8.85 Area Rates Fringes CEMENT MAS[)NfC(}NCRETEF|N|SHER ----'—'------------------'--------'-- *21.37 $8.50 Rates Fringe ELECTRICIAN Area 1 $18.74 $2�03+38% Area 2 $20,13 $4.76+3,8Y6 Area $19.08 $3.44+8.896 Area $1934 $3.51 +1894 Area $20.54 $3.54+3,896 Area $18D2 $8.44+3,896 LINE CONSTRUCT Rates Fringes Equipment Operator ' $19.16 $5.05 Grounomun $15.40 $5.05 ELECTRICIANS AREA DESCRIPTIONS AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties AREA 2: Big Harn, Carbmn, Carter, Custor, Dawson, Fallon, Garfie|d, Golden Valley, K4uooe|ohe||, Powder River, Prairie, Rosebud, Stillwater, Treasure, N8baux. and Yellowstone Counties � AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland Counties AREA 4: Broadwater, Lewis and Clark, and Meagher Counties AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties AREA 6: Gallatin, Park, and Sweet Grass Counties IRONWORKER Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Counties GROUP 1: Flag person GROUP 2: All General Labor Work; Burning Bar Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control Worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler Geotextile and Liners; High-Pressure Nozzlemen; Jackhammer (Pavement Breaker); Laser Equipment; Non-riding Rollers Pipelayer; Posthole Digger (power): Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power; Tampers, GROUP 4 , Ashpalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck Mounted Wagon Drill; Welder including Air Arc. 0 Rates Fringes $25.50 $14.36 Remaining Counties Rates Fringes --------------------- ------------------------------------- $23,15 $13.71 Rates Fringes LABORER Group 1 $17.18 $6.75 Group 2 $19,97 $6.75 Group 3 $20.17 $6.75 Group 4 $21,07 $6.75 LABORERS CLASSIFICATION GROUP 1: Flag person GROUP 2: All General Labor Work; Burning Bar Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control Worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler Geotextile and Liners; High-Pressure Nozzlemen; Jackhammer (Pavement Breaker); Laser Equipment; Non-riding Rollers Pipelayer; Posthole Digger (power): Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power; Tampers, GROUP 4 , Ashpalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck Mounted Wagon Drill; Welder including Air Arc. 0 Rates Fringes PAINTER $24.00 $8,00 Pavement Marking/Milling and related work, Includes operating marking and all other equipment and all work involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies, paints, tape, buttons, thermo- plastics and any other products applied for traffic marking purposes and for directing and regulating traffic, and cutting Rumble Strips. GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine Boring Machine (small), Cement Silo, Crane; Crusher Conveyor, DVV-1U.16, and 2O Tractor Roller; Farm Tractor; Forklift; Form-BnsdecFront-End Loader under 1 cu yd; Oiler, Heavy Duty Drj|[a� Pumpman� Oiler (All, except Cranes and Shovels), GROUP 2: Air Doctor�Backh to&incl3ouyd Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, large; Broom, Self- Propelled', Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine; Concrete Float and Spreader; Concrete Travel 8atchor; Distributor; 8mzer, Rubber Tired, Push. and Side Boom; DhlUn, Heavy Duty (all h/pen); Elevating Gnyder/Gnsda|[; Field Equipment Serviceman; Front-End Loader 1 cu ydtoand |noL 5 cu yd; Grade Setter; Hoist/Tugger ift &Gimi|ar); Industrial Luoomobve� Motor Patrol (Except Finish); Mountain Skidder; Oiler, Cnmnem& Shovels; Pavement Breaker, EKASCO; Power Saw, Self-Propelled; PugniU; Pumponate/ Grout K0aohina�PunohTmoh;Ro|8ers(Al|enoeptAspha|tFinimhandBreakdovvm),RoesCarrior�Rotnmi||underGft;Tnonching K4auh|me;VVaohing/Goreeming Plant. GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine; larger than 3cm yd; Asphalt Screed; Concrete Batch Plant; Cableway High|ima Concrete Curing Machine; Cranes, 24 tons & under; Cranes, Crotor; Cranes, Electric Ovedhead� Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; K4eohenic8Wader; Pioneer Dozer; Rotomi||8ft and nver� Scraper, Single Engine; Scraper Twin or Pulling Belly Dump; Yo Yo Cat Front-End Loader over 5ouyd. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to44 tons, Crusher Operator; Finish Motor Patrol; Finish Scraper, SPECIAL OPERATORS: GROUP 6: Cranes, 4S tons tn and including 74tons GROUP 6: Cranes, 76 tons tm and including 14Qtons GROUP 7: Cranes, 150 tons to and including 250 tons Cranes over 250 tons add $1.00 for every 100 tons over 250 tons', Crane, Stiff-Leg or Derrick; Crane, Tower (all); Crane, Whirley (all); Helicopter Hoist. ? Rates Fringes POWER EQUIPMENT OPERATOR Group $21.52 $8.00 Group $28.55 $8.08 Group 3 $24,41 $8.00 Group $25.10 $8.00 Group $2644 $8.00 Group 6 $2713 a8.00 Group $2923 $8.00 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine Boring Machine (small), Cement Silo, Crane; Crusher Conveyor, DVV-1U.16, and 2O Tractor Roller; Farm Tractor; Forklift; Form-BnsdecFront-End Loader under 1 cu yd; Oiler, Heavy Duty Drj|[a� Pumpman� Oiler (All, except Cranes and Shovels), GROUP 2: Air Doctor�Backh to&incl3ouyd Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, large; Broom, Self- Propelled', Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine; Concrete Float and Spreader; Concrete Travel 8atchor; Distributor; 8mzer, Rubber Tired, Push. and Side Boom; DhlUn, Heavy Duty (all h/pen); Elevating Gnyder/Gnsda|[; Field Equipment Serviceman; Front-End Loader 1 cu ydtoand |noL 5 cu yd; Grade Setter; Hoist/Tugger ift &Gimi|ar); Industrial Luoomobve� Motor Patrol (Except Finish); Mountain Skidder; Oiler, Cnmnem& Shovels; Pavement Breaker, EKASCO; Power Saw, Self-Propelled; PugniU; Pumponate/ Grout K0aohina�PunohTmoh;Ro|8ers(Al|enoeptAspha|tFinimhandBreakdovvm),RoesCarrior�Rotnmi||underGft;Tnonching K4auh|me;VVaohing/Goreeming Plant. GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine; larger than 3cm yd; Asphalt Screed; Concrete Batch Plant; Cableway High|ima Concrete Curing Machine; Cranes, 24 tons & under; Cranes, Crotor; Cranes, Electric Ovedhead� Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; K4eohenic8Wader; Pioneer Dozer; Rotomi||8ft and nver� Scraper, Single Engine; Scraper Twin or Pulling Belly Dump; Yo Yo Cat Front-End Loader over 5ouyd. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to44 tons, Crusher Operator; Finish Motor Patrol; Finish Scraper, SPECIAL OPERATORS: GROUP 6: Cranes, 4S tons tn and including 74tons GROUP 6: Cranes, 76 tons tm and including 14Qtons GROUP 7: Cranes, 150 tons to and including 250 tons Cranes over 250 tons add $1.00 for every 100 tons over 250 tons', Crane, Stiff-Leg or Derrick; Crane, Tower (all); Crane, Whirley (all); Helicopter Hoist. ? Group Group GROUP 1: Pilot Car Rates Fringes $18.54 $7.86 $23.69 G7.86 GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Povv*rBoum|Bem/iceman�SemioeTmnh/Fue|Truck/Tiwoponmn;TruokK8eohankn; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental, END OF GENERAL DECISION 0 — so The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the installation of new concrete sidewalks and pedestrian ramps, removal and replacement of concrete curbing, and the removal and replacement of existing concrete sidewalks. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Fifth Edition (MPWSS), published March 2003; and is further modified herein by the City of Bozeman Modifications to MPWSS, dated March 2004, including addenda, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, is a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor, 2. SCOPE OF WORK The work generally consists of replacing the existing 5 foot wide sidewalk along Bogert Park with a 6 foot wide sidewalk, and the installation of street corner pedestrian ramps in the area generally bounded by Lamme Street, '10 Ave, Willard Street, and Stn Ave. Estimated quantities for each work location are listed in the Appendix B of these Specifications. The work under this contract is all within public right-of-way. All sidewalks constructed across driveways shall be a minimum of six (6) inches in thickness. All other concrete sidewalks shall be four (4) inches in thickness, unless otherwise specified on the plans. The Contractor shall confine his work limits within the public right-of-way. Any topsoil or grass removed outside of the right-of-way shall be replaced by the Contractor. No separate measurement and payment will be made for additional excavation or fill required to achieve the specified grade. If fill material is required in the boulevard, the fill shall consist of topsoil free of rocks or other deleterious material. 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidderwill be notified by letter, mailed to the 1 SPECIAL PROVISIONS 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 after the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 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. 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. The Contractor shall furnish to the Owner or its Engineer for approval the name of the 2 SPECIAL PROVISIONS 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. The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors, The Contractor will be required to have a full-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7, a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussing requirements on such matters as project supervision, 3 SPECIAL PROVISIONS 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. I 9=3 MW us] 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. The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information, The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. Right-of-way is typically located one foot from the edge of sidewalk as shown on the standard drawings. 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 for this project shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. C. 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. Reflective Traffic Vests. All workers working in public right-of-way shall at all times wear reflective vests that at a minimum meet ANSI Class 11 requirements, 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL 5 SPECIAL PROVISIONS The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall :! dispose of all refuse and discarded materials in an approved location, The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation, The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 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, The standard pedestrian ramp installation will be as shown on Standard Drawing 02529-8. The Contractor will be directed to modify this standard ramp configuration to fit existing conditions for retrofit ramp installations. This may require a single diagonal ramp or other modifications to comply with the requirements of the Americans With Disabilities Act. 6 SPECIAL PROVISIONS The Contractor shall take special care when working around trees to avoid any unnecessary damage to the roots or the trunks of trees. If any roots have to be removed to complete the work, the roots shall be neatly cut with a sharp tool. Indiscriminate ripping of tree roots will not be permitted. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting: property pins removed by the Contractor shall be the responsibility of the Contractor. 22. FINAL CLEANUP AND SITE RESTORATION Following completion of the work, all construction debris shall be removed from the work area. All disturbed landscaped areas shall be restored with topsoil and re-seeded. The cost for final cleanup and restoration shall be included in other bid items; no separate payment shall be made for this work. 23. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions, 24. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 25. MATERIALS TESTING AND CONTROL The following materials and control tests may be made by the Engineer to determine the Contractor's compliance with the specifications: a. In place density tests of backfill and asphalt pavement b. Gravel gradation C. Concrete tests (slump, entrained air, compressive strength) The above tests shall be made with no cost to the Contractor except as hereinafter provided for retesting. 7 SPECIAL PROVISIONS Should materials fail to meet the tests specified above, the Contractor shall pay the cost of retests which exceed 10% of the total tests taken. The actual costs of retests shall be deducted from the Contractor's progress estimate. Pedestrian ramps shall be constructed with detectable warning surfaces complying with the Americans With Disabilities Act. The detectable warning surfaces shall be constructed using cast iron plates manufactured by Neenah Foundry Company, or ductile iron plates manufactured by East Jordan Iron Works, or approved equal. All plates shall measure 21 x 5 unless otherwise specified on the plans, 27. CONCRETE REINFORCEMENT Pedestrian ramps shall be reinforced as specified on Standard Drawing 02529-8. Valley gutters shall be reinforced as specified on Standard Drawing 02529-1. Concrete sidewalks shall be reinforced as specified on Standard Drawing 02529-15. 0 , 8. EXCEPTIONS AND ADDITIONS TO MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS. Section 02529 - Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters and Miscellaneous New Concrete Construction 2.4 Gravel Base Material: In lieu of the gravel base material specified in 02529 2.4 A., the gravel base material may be I" minus washed rock meeting the following table of gradations: Table of Gradations - Washed Rock Base Material Percentage by Weight Passing Square Mesh Sieves Sieve Size % Passing Y, 100 3/4 90-100 3/8" 10-55 No. 4 0-10 3.2 Foundation Preparation: After placing the washed rock base material, consolidate and compact it with a vibratory plate tamper or similar means immediately prior to placing concrete, 3.3 Forms Use metal forms only unless other materials are approved bythe Engineer. 3.8 Joints. Unless otherwise shown on the plans, expansion (isolation) joints shall be 8 SPECIAL PROVISIONS placed at 25-foot intervals in concrete sidewalks. Contraction joints shall be provided between the expansion joints at intervals equal to the width of the sidewalk. Section 02910 - Seeding 2.1 Seed Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30 lbs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 2,5% Perennial Ryegrass 15% This project is being funded by HB 645 Recovery Funds which require quarterly report filings. The Contractor shall be responsible for submitting the information required in Box I of the report form (Job Data Cumulative HB 645 Funded Hours Worked in the Quarter) to the Owner no later than 1 week before the end of any quarter, 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. hLo separate measurement and payment shall be made for traffic control. Item 101: Concrete removal and disposal. This item shall be measured and paid for by the square foot (SF) at the unit price bid for "'Concrete removal and disposal", which price and payment shall constitute full compensation for furnishing all materials, tools, equipment, labor, loading, hauling, disposal, and incidentals necessary to sawcut and remove and dispose of existing PCC or asphaltic concrete pavement or sidewalks, straight curbing, or integral curb and gutter. Item 102: Combined concrete curb and gutter. This item is measured and paid for by the lineal feet of combined curb and gutter in place at the contract unit price bid for % concrete curb and gutter"., Price and payment is full compensation for all materials, preparation of gravel base, curing of concrete, painting face of gutter with tack oil, all pre-molded mastic material for expansion joints, steel dowels and sleeves, all equipment, tools, labor, and for the performance of all work and incidentals necessary to complete the item. Item 103: 6" Concrete sidewalk, in place. Measurement and payment for this item shall be as per MPWSS, Section 02529 4.4, square foot method, Item 104: 4" Concrete sidewalk in place Measurement and payment for this item shall be as per MPWSS, Section 02529 4.4, square foot method. Item 105: Driveway apron Measurement and payment for this item shall be as per MPWSS, Section 02529 4.3, square 1 MEASUREMENT AND PAYMENT foot method. Item 106: 4" AC Pavement Surface Course Measurement and payment for this item shall be as per MPWSS Section 02510, 4.2. Item 107: Detectable warning This item is measured and paid for by the square foot at the contract unit price bid for ,, Detectable warning Price and payment is full compensation for furnishing and installing detectable warning panels in accordance with manufacturer s recommendations. Item 108: Concrete valley gutter Measurement and payment for this item shall be as per MPWSS Section 02529, 4.2. Item 109. Concrete fillet This item is measured and paid for by the square foot at the contract unit price bid for % fillet for constructing curb turn fillets or inlet apron fillets. Price and payment is full compensation for all material, excavation, backfill, curing of concrete, pre-molded mastic material, equipment, tools and labor, and for the performance of all work and incidentals necessary to compiete this item. Item 110: Additional base q ravel- 10r thickness This item is for the installation of additional base gravel at the direction of the engineer in areas that may be lacking sufficient base gravel for the placement of either AC or PC concrete. This item is measured and paid for by the square yards of crushed base course surface area for furnishing crushed base course of the thickness and gradations specified in the Contract documents, complete in place, at the contract unit price bid for "Additional base gravel, 10 thickness Price and payment is full compensation for excavation to subgrade, for furnishing, crushing, loading, hauling, spreading, shaping, watering and compacting the base course material, and for all tools, labor and incidentals necessary to complete this item. Item 111: Concrete storm drains e outlet chase This item is for the installation of a drainage chase as shown on the plans. Payment shall be made at the lump sum price bid for "Concrete storm drainage outlet chase Price and payment is full compensation for all material, excavation, forms and form removal, backfill, curing of concrete, providing and installing the trench grate, and for all equipment, tools, labor and incidentals necessary to complete this item. 2 MEASUREMENT AND PAYMENT Item 201: .-Concrete removal and disr)osal. This item shall be measured and paid for by the square foot (SF) at the unit price bid for " removal and disposal", which price and payment shall constitute full compensation for furnishing all materials, tools, equipment, labor, loading, hauling, disposal, and incidentals necessary to sawcut and remove and dispose of existing PCC or asphaltic concrete pavement or sidewalks, straight curbing, or integral curb and gutter. Item 202. Combined concrete curb gutter. This item is measured and paid for by the lineal feet of combined curb and gutter in place at the contract unit price bid for k , Combined concrete curb and gutter Price and payment is full compensation for all materials, preparation of gravel base, curing of concrete, painting face of gutter with tack oil, all pre-molded mastic material for expansion joints, steel dowels and sleeves, all equipment, tools, labor, and for the performance of all work and incidentals necessary to complete the item, and for the restoration of any asphalt pavement damaged during construction. Item 203: 6" Concrete sidewalk, in place. Measurement and payment for this item shall be as per MPWSS, Section 02529 4.4, square foot method. Item 204 4" Concrete sidewalk jD place Measurement and payment for this item shall be as per MPVVSS, Section 02529 4.4, square foot method. Item 205: Detectable warning This item is measured and paid for by the square foot at the contract unit price bid for ,, Detectable warning . Price and payment is full compensation for furnishing and installing detectable warning panels in accordance with manufacturer's recommendations. Item 206: Concrete fillet This item is measured and paid for by the square foot at the contract unit price bid for „ Concrete fillet for constructing curb turn fillets or inlet apron fillets. Price and payment is full compensation for all material, excavation, backfill, curing of concrete, pre-molded mastic material, equipment, tools and labor, and for the performance of all work and incidentals necessary to complete this item. 3 MEASUREMENT AND PAYMENT MEASUREMENT AND PAYMENT Standard Drawings R9 -1 1(L) SIDEWALK CLOSED AHEAD CROSS HERE 3O "X24" R SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. 3O "X24" SIGN E= TRAFFIC DRUMS OR CONE CITY OF BOZEMAN f.`llYsi�ilT�i��71��T��i'�i►�,i SCALE: PEDESTRIAN TRAFFIC C ONTROL r TEM P O RAR Y N SI CLOSU N 0. 0157 --7 FEB 2007 5,4` (0.45') 2" 671 4- TOPSOIL (Typ,) 3 R " D PER V SLOPE 5" AK 4'R -31e To PER V SLOPE 4 12" 4 4 4 9 A4 V 4 4,1 4 4 0 M C) C) o 0 0 b 6' 0 0 0 0-0-0-0�0�0'_/0�0_0 CRUSHED GRAVEL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 BASE - 3" MIN, 0 0 0 0 0 0 0 0 0 0 0 0 ® 0 0 0 0 1 0 01-101010/-%Olololo-o-o?0-0-0-0-0� SUB-BASE COURSE AS REQUIRED 0 14" 3/4' PER I" SLOPE 9= DROP CURB FOR DRIVEWAYS N COMPACTED SUBGRADE PER V SLOPE z SPILL CURB 3/4' ____3 4: PER V S LOPE _9'5� DROP CURB FOR PEDESTRIAN RAMPS H=O 1. Subgrade or base course compaction shall conform to section 02230 (M.P,W. Specs., 1996 so.) 2. Contraction joints shall be placed at 10' intervals and shall have a minimum depth at 3/4" and minimum width of 1/8'. 3, 1/2" expansion joint material shall be placed at all P.C.s. P.T.s, curb returns and at not more than 300' intervals, The expansion material shall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ad.) For curb and gutter replacement projects, washed rook may be used for the gravel base. SCALE- INTEGRA W L CONCRETA A I ., NONE CUR & GUTTER W. two . M ac 1� B NO. 02528-1 Revised Mar. 2006 CONTROL JOINT CURB TO CURB 4- — WIDTH -- VARIES ---9 FACE OF CURB FACE OF GUTTER EXPANSION JOINT r A FLOW WITH CURB RETURN FILLET AS ONE PIECE DOWEL WITH 5 #4 X 36" SMOOTH REBAR EVENLY SPACED ON 1' CENTERS WITH 3 1/2" OF COVER. WITH EXPASION TUBES ONE ONE END OF BARS a JOINTS WILL BE REQUIRED APPROX, EVERY 10 FEET PLAN VIEW VARIABLE 6' -0" MIN, 1 '/2" PER 7" J SECTION A —A NOTES: THE WIDTH WITH PROPORTIONAL INVERT MAY VARY TO SATISFY THE DESdGN REQUIREMENTS OF INDIVIDUAL APPLICATIONS.. RNISHED STREET SURFACE TO BE 1/8 " TO 1/4" ABOVE EDGES OF DOUBLE GUTTER. STREET SURFACE REINFORCE WITH #4 BARS ON 2' X 2' GRID 5' R (TYP) BACK OF CURB 6 IF EXISTING CURB RETURN, GRIND GUTTER TO FORM OUTLET CHANNEL WHEN THIS IS THE HIGH SIDE DOUBLE GUTTER DETAIL CITY OF I3QEMAN NC�4JE» � FOR STR��T INTERSECTaaN � A DC Z 2J(�3 1 S'T'ANDARD DRAWING 6 — 0 *1.5rr 1 ♦ / *Depth will vary proportionately 3„ GRAVEL with width of cross drain 3 CROSS DRAIN CONTROL JOINT — SEAL WITH BITUMINOUS JOINT SEALER EXPANSION JOINT 6" r5' 8 1 q« XTEND EXPANSION TUBES 3/4" PAST END OF STEEL DOWEL TO ALLOW FOR EXPANSION (IF DOWELS ARE USED) FILLET TO BE PLACED ON 3" COMPACTED GRAVEL BASE OR STREET BASE, WHICHEVER IS GREATER. EXPANSION JOINT AT P.C. (TYP.) 15° R (TYP.) /ELS (OPTIONAL) CITY OF BOZEMAN SCALE: STANDARD FILLET NO.. 02529 --2 STANDARD DRAWING NON AUG. 1994 C I V 6' THICK CONCRETE SURFACE RAMPS TO BE CONSTRUCTED WIT 5 1/2' BLVD. (rYP,) AMM-Mij I I BE REINFORCE CONCRETE IN RAMPS WITH FIBERMESH'AT A RATE IF 1 1/2 lbs./C.Y, OR WITH 6x6x1O CADGE WIRE MESH TRANSITION TO NORMAL SIDEWALK ELEVATION. DISTANCE VARIES, SIDES 5' SIDEWALK VARIES LANDING NO UP 9,5" 6" CONCRETE -J RAMP 3 G�VEL BASE (TYP.) SECTION A—A IVO Sa4LE STORM DRAIN INLET (TYPICAL LOCATION) 12 5'-0' 12" TOP OF CURB 5.5" NO LIP FLOW LINE !: SECTION B-13 5.5" wa VDEWAU="7111 SECTION C—C CONSTRUCTION NOTES. I iv V .3 iIAJ,111 I Standard applies to new construction, with max. curb R-15% and min, 5.5' boulevards. 2: Ramp and curb can be poured monoilthically. 3 Storm drain inlets shall be constructed 'upstream* of romps. Alternative locations permitted only upon City Engineer's approval. 4, Romp Width shall be 5' minimum. 5. Sidewalk cross• slopes shall not exceed 2%. BOULEVARD SIDEWALK NO. 02529-8 CITY OF BOZEMAN SCALE: PERPENDICULAR STANDARD DRAWING AS SHOWN PEDESTRIAN RAMP NOV. 1995 (15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006 4 '4 R BACK OF CURB 4 PT 4, TD -A 1° oyp') WITH 21V NO 5 IJJ4 N .3 Ivib 4 C iB, :5 CLOP 4 N It A X _2 11 A 4• . . A � A A ":X . 5 5 X , - A 4 'A 5" SIDEW" � 5 SID 1:/U MAA. M?.) A AN I L N NG �jx VING x 4 g - 06' A 4 SCAU. I =5 7: C I V 6' THICK CONCRETE SURFACE RAMPS TO BE CONSTRUCTED WIT 5 1/2' BLVD. (rYP,) AMM-Mij I I BE REINFORCE CONCRETE IN RAMPS WITH FIBERMESH'AT A RATE IF 1 1/2 lbs./C.Y, OR WITH 6x6x1O CADGE WIRE MESH TRANSITION TO NORMAL SIDEWALK ELEVATION. DISTANCE VARIES, SIDES 5' SIDEWALK VARIES LANDING NO UP 9,5" 6" CONCRETE -J RAMP 3 G�VEL BASE (TYP.) SECTION A—A IVO Sa4LE STORM DRAIN INLET (TYPICAL LOCATION) 12 5'-0' 12" TOP OF CURB 5.5" NO LIP FLOW LINE !: SECTION B-13 5.5" wa VDEWAU="7111 SECTION C—C CONSTRUCTION NOTES. I iv V .3 iIAJ,111 I Standard applies to new construction, with max. curb R-15% and min, 5.5' boulevards. 2: Ramp and curb can be poured monoilthically. 3 Storm drain inlets shall be constructed 'upstream* of romps. Alternative locations permitted only upon City Engineer's approval. 4, Romp Width shall be 5' minimum. 5. Sidewalk cross• slopes shall not exceed 2%. BOULEVARD SIDEWALK NO. 02529-8 CITY OF BOZEMAN SCALE: PERPENDICULAR STANDARD DRAWING AS SHOWN PEDESTRIAN RAMP NOV. 1995 (15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006 USE BLENDED TRANSITION RAMP WHERE LIMITATIONS DUE TO BOULEVARD WID RIGHT-OF-WAY, CURB RADIUS, OR INTE ANGLE PREVENT THE USE OF STANDAR C.O.B STANDARD DRAWING 02529-8 DETECTABLE WARNING TO BE A MINIM WIDE, CENTERED ON THE CROSSWALK XXX Drop Curb M Curb Transition ITCH F Landing Ramp N© Lip --� 14 5' mill Varies Sidewalk L ' Concrete 3" (travel Base (Typ,) 6" Concrete Reinforced with 1.5 lbs. Filicimtsh /CY. or 6x6x 10 Gauge Wire Mesh SECTION A-A Not to Scale CITY OF BOZEMAN SCALE: BLENDED TRANSITION NO. 02529-8A STANDARD DRAWING NOT TO SCALE PEDESTRIAN RAMP APRIL 2006 MAINTAIN PROPER SIDEYARD SETBACK PER ZONING REGULATIONS 5' TRANSITION SECTION FROM EXISTING CURB TO DROP CURB: EXPANSION JOINTS COMPLETELY AROUND SIDEWALK SECTION MAX, THROAT WIDTH 35' COMMERCIAL 40' INDUSTRIAL CURB & APRON POURED MONOLITHIC UNLESS OTHERWISE APPROVED CONTRACTION JOINT a w SIDEWALK CONTRACTION JOINTS J SPACED AT 5' INTERVALS - MIN.. DEPTH 1". EXPANSION JOINTS TO BE PLACED AT 25' w INTERVALS, n 0 rr CONTRACTION JOINTS TO BE SPACED AT 10' INTERVALS IN CURB & GUTTER VARIABLE 5.5' TYP.) EXPANSION JOINTS AT CURB RETURNS BACK OF CURB FLOW LINE EDGE OF GUTTER EXPANSION JOINT MATERIAL SHALL BE 1/2 THICK PRE- FORMED BITUMINOUS TREATED FIBERBOARD FILLER, ALL CURB REPLACEMENT SHALL BE DONE WITH INTEGRAL CURB AND GUTTER UNLESS OTHERWISE APPROVED, GRADE ESTABLISHED AS 1/4" RISE PER FOOT FROM TOP OF ADJACENT FULL HEIGHT CURB 7 E ; A DRIVEWAY APR I ON . 5.5' TYP (VARIES) 'SLOPE STREET SURFACE SCALE: NON RESIDENTIAL !INO. 02529-12 NONE DRIVEWAY APPROACH Dec. 2003 12' BACK OF CUFM --- SOLD) COVER SIDEWALK DOAJLEVAKO -EXPANS" JOINT EXPANSM JO(KM 10, O VA1tl DROP CURB WAD CONCRETE C XNEL WCO ME S AIING Wrm STYLE a �=G� j smw cum uRr -omlnowy) VM SOLID. DOLT DOWN COVERS, (UR APPROVED EQUAL) PLAN VIEW N.T.S. 1EG0 STYLES SOLID C.0m., -am m PROVIDE WTHN i0tU5D, i00UTDDOW"N ODYM (OR APPROVED CqVAQ ERO" CONTROL NE AS REWRED 1.5X MR. ................ ............ .... ......... ...... ........ - -4" BASE COLmRsE 2' REOUM — SIDEWALK POUMARD COVER CUR4 Curnk —END CKM INLET CHASE _-FOOM. NO = . %.I, D 'JERMr wrrH sOM, BOLT DOWN COVERS. (OR APPW40 EQUAL) NE 4 '4' 014E COURSE AS 11 REOULRED SgUVAU I PER STD. DU*489 0=28-1 SECTION B N.T.S. OUTLET CHASE FCO STYLE I (=UD'WVM) TRENCH 0PAT340 WITH STYLE 13 MAINE, D & L FOUNDRY - J SMW 4' SN"ALX,-] SDI, DOLT DOWIR COVERS, (OR APPROVED EQUAL) W 1 2* ...... 8 w h ........... EKM94SMS w AND h VARY, SIZE EXPAMMON iowr l-:_� TO RE DETERWHED BY EmomM BASED ON x5 -YEAR EVENT. BUT NO ... LESS THAN e AT CM OMM BASE COURSE ............ ......... ...... ................ • ........ ... CONCAM SHALL DE M -4000 COVERS MUST DOLT Doww TO FR"E A &UN. SECTION A N.T.S, CITY OF BOZEMAN SCALE: CONCRETE STORM DRAINAGE NO. 02529-14 STANDARD DRAWING NONE OUTLET AND INLET CHASES DEC, 2003 -------Rev. Aril 20or- 11 5' 6`(MIN) SIDEWALK `. I PROPERTY LINE 4 VARIES LIMIT OF PUBLICLY MAINTAINED SIDEWALK j I CURB do GUTTER 5' + NOTE: PUBLICLY— MAINTAINED SIDEWALKS TO BE G" THICK M -4000 CONCRETE REINFORCED FUruR slDa WITH 1.5 LBS FIBERMESH PER C.Y. CITY OF BOZEMAN I SCALE: PUBLICLY— MAINTAINED SIDEWALK NO. 02529 -15 STANDARD DRAWING 1 "= 5' CONSTRUCTION STANDARD MARCH 2005 FUTURE SIDEWALK ' FAI a Montana Reinvestment Act Report Form Estimated Quantities by Work Location Plan Sheets 1 - 3 Department of Commerce HOUSE BILL 645 Montana Reinvestment Act MONTANA DEPARTMENT OF COMMERCE Local Government Grants if NMI, Cumulative HB 645 Recovery Funds Reports are due no later than the first Friday of each quarter during the term of the contract agreement. The Grantee must report, at a minimum, for itself and all contractors, subcontractors, and sub-recipients, cumulatively since the start of the Project. REPORT ON THE Report Date: Reporting Period: FOLLOWING: A. Project Name B. Contract Number MT- C. County, City and Zip Code D. Current Status of the Project (Not Scheduled, Scheduled, Active, Finished or Cancelle E. Name and Physical Contractor Name -- City, State Location of all primary contractors, subcontractors, and sub-recipients engaged in any of the activities described in Section 6 SCOPE OF WORK of this CONTRACT F. Quantity (cumulative total of recipients served) G. Unit of Measure (type of recipient served) H. Expenditure Total (the cumulative dollar amount of expenditures charged to this stimulus contract to date) Number of People or Households Served I of 3 Montana Department of Commerce QUARTERLY REPORTING FORM (Revised 1/2010) I. Job Data Cumulative HB 645 Funded Hours Worked in the Quarter J. Project Start Date or Estimated Date K. Project Completion Date or Estimated Date L The Supplies Delivered and the Services Performed to Date M. Digital Photographs Project Start - Digital Photograph Attached (.jpg format) R Project Mid-Stage - Digital Photograph Attached (.jpg format) N. Any Additional Comments To the best of my knowledge and belief, the information provided on this form is true and correct. Name: (Printed or Typed) Signature: Title: Date: Phone: Email Address: See .. Appendix A for Terms and Definitions Clear' Fornn Page 2 of 3 Montana Department of Commerce QUARTERLY REPORTING FORM (Revised 1/20 10) ADDendix A — Tprmq anri nofin,ifinna Data Element Definition/Comment: Project Name Example: "Ruby Dam" County / Town Enter the coypLy name where project is located, Sity If the location can be narrowed down to a city or incorporated town please do so, Zip Code Enter the zip code on this line. Primary Contractor Business Name Enter the primwy contractor business name. Project Status (N, S, Enter N for Not Scheduled, S for Scheduled, A for Active, F for Finished or C for A, F, or C Cancelled, Primary Contractor Location Enter the physical location (cityL2f each prims D( Contractor, Quantity Enter the cumulative total of individuals/businesses served based on actual data. Enter the unit of measure: Such as Recipients/Clients, Service Providers, Students, School Facilities, Homes/Buildings, Businesses Served. For example if the project is weatherization and an agency weatherized 50 different homes in Lewis and Clark county the agency would enter 50 in the "Quantity" and "homes/businesses" in the Unit of Measure unit of measure. Enter the cumulative amount of all expenditures for each project as of the period Expenditure Total end date. Do not include encumbrances, Report Period Provide the quarter of the reportinq_period. Exam le: May_gOl 0 Job Data Cumulative HB 645 Funded Hours Worked Completion Date (or Estimated Date) Enter the estimated rompletion date for each project. Any comments that would be important to include in the quarterly report for the Comment Page 3 of 3 Montana Department of Commerce QUARTERLY REPORTING FORM (Revised 1/2010)