No preview available
HomeMy WebLinkAbout11- Big Sky Asphalt Lower Yards Paving Contract DocumentsCITY OF BOZI!�IVIAN LOWER YARDS P l:AvlXq CONTRACT DOCUMENTS PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT JUNE' 2011 CITY OF BOZEMAN, MONTANA LOWER YARDS PAVING JUNE 2011 TABLE OF CONTENTS CONTRACT DOCUMENTS Bidder s Checklist Invitation to Bid Instruction to Bidders Bid Form Non-discrimination Affirmation Form Bid Bond Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contract (by reference) Supplementary Conditions Montana Prevailing Wage Rates CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment APPENDIX A Standard Drawings APPENDIX B Work Vicinity Map, Plan Sheet C1 BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. — 1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) — 2) Bid Proposal: a. Arithmetic Checked? b. Unit Bid amounts agree with math calulations? c. All Addenda acknowledged on proposal sheet and cover? d._Signature portion completely filled out? e-_Bid Proposal intact in Contract Documents DO NOT REMOVE!!!! f. Non-Descrimination Affirmation form completed and signed? 3) Bid Envelope: a. Addressed properly? (See Article I — Bids, Instructions to Bidders) b. the Contract Documents and Specifications booklet? C. Acknowledged Receipt of Addenda? d. Sealed? 4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, and acknowledgement of all addenda (by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: LOWER YARDS PAVING Separate sealed bids for construction of City of Bozeman Lower Yards, Paving Project will be received by 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, July 12, 2011, and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk s Office, Suite 102, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, The mailing address is: City Clerk s Office, Suite 102, City Hall, P.O. Box 1230, Bozeman, Montana, 59771, Bids must be received before 2 p.m. Tuesday, July 12, 2011. Original copies must be submitted - no faxed of electronic bids will be accepted. Bids will be opened and read following the close of bids. The work involves base preparation and paving of approximately 5,040 Square Yards of the parking lot at the City of Bozeman 1 s Lower Yards, 1812 N. Rouse Avenue as specified in the contract documents. Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained upon payment of $15.00 (non-refundable) for each set, at the City of Bozeman, Engineering Department, 20 East Olive Street, Bozeman Montana 59715, All bids and proposals for the construction of any public contract project shall contain a statement showing that the bidder or contractor is duly and regularly registered under the laws of the State of Montana, and the contractor's registration number shall appear upon such bid or proposal, and no contract shall be awarded to any contractor unless he is the holder of registration, all as defined by MCA 39-9-101 through 410. Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana, 59604-8011. Information on registration can be obtained by calling I- 406-444-7734. 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. Discrimination in the performance of any contract 1 INVITATION TO BID awarded under this invitation on the basis of race, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity s employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent (10%) of the total amount of the bid. Successful bidders shall furnish an approved Performance Bond and a labor and materials Payment Bond, each in the amount of One Hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful bidder(s) and a Certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2. p.m. local time, July 12, 2011. 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 required to be an Equal Opportunity Employer. Dated at Bozeman, Montana, this 20th day of June, 2011. Stacy Ulmen, CIVIC City Clerk, City of Bozeman Published Bozeman, Montana June 26, 2011 July 3, 2011 2 INVITATION TO BID INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents, All Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: LOWER YARDS PAVING, CITY OF BOZEMAN, Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular, BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. in case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by, or in behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate sea] of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association, RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to 1 INSTRUCTIONS TO BIDDERS meet obligations incident to the work and (d) has appropriate technical experience. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 6 th Edition (MPWSS), shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 6 h Edition (COB MODS), dated March 31, 2011, including all addenda, which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid ............................ Bound Herein Instructions to Bidders ..................Bound Herein Bid Form ........ ........ ..................... Bound Herein Bid Bond ........... ..................... .... Bound Herein Agreement Form ... ........................Bound Herein Payment Bond .................. ............MPWSS/Bound Herein Performance Bond ........................MPWSS /Bound Herein Standard General Conditions ........ MPWSS Supplementary Conditions ........ ...MPWSS/Bound Herein Miscellaneous Forms Notice of Award .................. MPWSS Notice To Proceed ............. MPWSS Change Order .....................MPWSS Work Directive Change....... MPWSS Application For Payment (Guidance Only) ............... MPWSS Certificate of Substantial Completion ........................ MPWSS Wage Rates .......... .........................Bound Herein Special Provisions ..........................Bound Herein Technical Specification...................MPWSS; COB MODS; Standard Specifications for Road and Bridge Construction, Montana Department of Transportation (latest edition) 2 INSTRUCTIONS TO BIDDERS Appendix A--Standard Drawings......... MPWSS/Bound Herein Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents, On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract, UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of INSTRUCTIONS TO BIDDERS underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents, TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 N. Rouse Avenue P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: Cit of Bozeman Lower Yards Paving Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: 1-7-1 1 In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 PM,, 2011. 4 INSTRUCTIONS TO BIDDERS Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled, D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. F. The proposal must acknowledge receipt of all addenda issued, G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in-fact. If signed by an attorney -in -fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: Aa- 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 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 6 INSTRUCTIONS TO BIDDERS negotiated, that Bidder will be disqualified from further bidding on the Work, ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. 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. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner s sole and absolute judgment, will best serve the interest of the Owner. The low Bidder will be determined on the Basis of Schedule I and potentially Schedule 2 if it is in the best interest of the Owner. 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, exceptthose of the three lowest Bidders, will be returned immediately following the opening and checking of the Bids, The Bid 7 INSTRUCTIONS 'TO BIDDERS guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one- hundred percent (100 %) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall, be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the work may be re- advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructionsto Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The 8 INSTRUCTIONS To BIDDERS 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. Each contractor and employer shall maintain payroll records in a manner readily capable of being certified for submission under 18-2-423, Montana Code Annotated (MCA), for not less than 3 years after the contractor s or employer s completion of work on the project. 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. (1-406-444-7734) 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 (11 %) 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. CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. 9 INSTRUCTIONS TO BIDDERS TO: City Clerk P.O. Box Bozeman, 1230 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 affectthe performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of parking lot paving improvements at the City of Bozeman s Lower Yards, 1812 N. Rouse Avenue, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 30 calendar days. Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract, I BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed, 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE -SCHEDULE 1, Areas I and 2 NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Fiaure /6 y 101 3 Thickness of S.Y. p"s 1 3,7,Jz- Asphalt Concrete Pavement - Surface Course Type B 2,654 102 Re-grading of S.Y. Existing Gravel Ra -t- Course 103 Excavation to Subgrade 104 9 Thickness of 1 Minus Crushed Base Course S .Y. , � �/_5 � C.Y. 336 t� 105 Concrete Valley S. F. Gutter 106 Adjust Existing Each Feature to Grade TOTAL BASE BID - SCHEDULE 1 1,088 250 '00 966 2 3 BID FORM BID SCHEDULE -SCHEDULE 2, Area 3 NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Fiqure�� 201 3 Thickness of S.Y. 1, 1,295 Asphalt Concrete Pavement - Surface Course Type B 202 Excavation to S.Y. 3 1 ,295 Base Course 5 203 Concrete Valley S. F. — 825 0 Gutter t - 204 Adjust Existing ach 3 Feature �toGr de 'o Or IOTA ASE BID - SCHEDULE 2 ON W �OE ��Sr (SCHE �2BAhEBI�DTOT�AL- MITT ----------------------------------------------------------------------------- TOTAL BASE BID, SCHEDULES 1 and 2 P'1�6p&tn_ff I P0 The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: N o . Dated No. Dated No. Dated 4 BID FORM No. Dated Submitted this t day of —Lu 2011, SIGNATURE oF BIDDER: Montana Contractor Registration Nurnberl If an individual:_ doing business as If a Partnership: if a Corporation: Me partner (a) by 'Seal & Attest) Title Business Address of Bidder: Imn "i el 0, I S If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: doing business as 5 BID FORM If a Partnership: m Partner If a Corporation: (a)_ by — Title .Corporation (Seal & Attest) 5 BID FORM NOTICE OF AWARD Dated: TO: Big Sky Asphalt, Inc. ADDRESS: 1220 N. Rouse Ave, Bozeman, MT 59715 PROJECT: City of Bozeman Lower Yards Paying Projec CONTRACT FOR: Paving improvements for the City of Bozeman's Lower Yards, 1812 N. Rouse Avenue. You are notified that your Bid dated July 12, 201 1, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for Schedule I (Areas I and 2), Paving improvements The Contract Price of your Contract is: fift y eight thousand nine hundred eighty seven and 44/100 Dollars ($58,987.44). Three copies of the proposed Contract Documents accompany thb Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by , -3/// g ' f 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). 3, List other conditions precedent: You must deliverwith the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03), Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Docume�ntsattaohpd. CITY OF BOZEMAPNJ, MOT NA ATTE4 BY: BY (CITY MANAGER (CI. DATE. - �o �Ilv co NON-DISCRIMINATION AFFIRMATION FORM T�Z_ [name of entity submitting] hereby affirms it will not discriminate — Rh I on e basis orace color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the K A.��vAAdIvA - ._T_44.^ [name of entity submitting] employees and to all subcontracts it en rs in in performance of the agreement with the city of Bozeman. I 11 E] Signature of Bidder: e PC authorized to sign on behalf of the bidder I AGREEMENT FORM THIS AGREEMENT is dated as of the z'- day of — kf &c in the year 201 , by and between CITY OF BOZEMAN, hereinaft r called OWNER, and Big Sky Asphalt, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: base Preparation and paving of_2Mroximately 3,752 s�qcare yards of the parking lot of the City of Bozeman's Lower Yards, 1812 N. Rouse Avenue. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Bozeman Lower Yards Paving. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 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 fif!y eight thousand nine hundred eigh!y seven and 441100 Dollars ($58,987.44 ), Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments, OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4,2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7,6 Certificate(s) of Insurance. 7.7 General Conditions (by reference), 7.8 Supplementary Conditions, 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.12 Appendix A and Appendix B. 7.1'3 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. am Tit Title M City of Bozeman BJ_Lt: - 496T . (CITY MANAGER) (SEAL &) (ATTEST) , , " >� >1 ,,� (SE-A61T c:\wpd0cs\forms\agreeftm. mrg (JOINT VENTURE) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Big Sky Asphalt, Inc. P. O. Box 835 Bozeman, IVIT 59718 OWNER (Name and Address): City of Bozeman 121 N, Rouse Ave, Bozeman, MT 59771 SURETY (Name, and Address of Principal Place of Business): United Fire & Casualty Company P. O. Box 73909 Cedar Rapids, A 52407-3909 CONTRACT Effective Date of Agreement: Amount: $58,987.44 Fifty Eight Thousand Nine Hundred Eighty Seven Dollars and 44/100 Description (Name and Location): Paving Improvements for the City of Bozeman's Lower Yards, 1812 N Rouse Avenue, Bozeman, Montana BOND Bond Number: 54181224 Date (Not earlier than Effective Date of Agreement): Amount: $58,987.44 Fifty Eight Thousand Nine Hundred Eighty Seven Dollars and 44/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. As of WN Print Name Attorney -in -Fact Title 7) Attest: Sylvia Tilzey Witness Title Note: Provide execution by additional parties, such asjoint venturers, if necessary. Aff""N (Seal) United Fire & Casualty Company (Seal) Seal Surety's Name and Corporate Seal k1%j1M1,rJ . C aws 91grikure (Attach Power of Attorney) S Naomi Gerber --SEAL Print Name - I EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of I Title Contractor and Surety, ,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation render this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner, 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: ... . . . . . . . . . . . . . . . . . . . . . . . . . EJCDC C -610 Performa nee Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. 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 Contractor ceased working or within two years after 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. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone)Payne Financial Group, Inc. Surety Agency or Broker: 2323 2nd Ave. North, Billings, MIT 59107 Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 Any singular reference to Contractor, Surety, Owner, or other party shall be considered ural where applicable, CONTRACTOR (Name and Address): Big Sky Asphalt, Inc. P. 0. Box 835 Bozeman, MT 59718 OWNER (Name and Address): City of Bozeman 121 N. Rouse Ave. Bozeman, MIT 59771 CONTRACT SURETY (Name, and Add 2ss of Principal Place of Business): United Fire & Casualty Company P. O. Box 73909 Cedar Rapids, ]A 52407-3909 Effective Date of Agreement: Amount. $58,987,44 Fifty Eight Thousand Nine Hundred Eighty Seven Dollars and 4411 Description (Name and Location): Paving Improvements for the City of Bozeman's Lower Yards, 1812 N Rouse Avenue, Bozeman, Montana BOND Bond Number: 54181224 Date (Not earlier than Effective Date of Agreement): Amount: $58,987.44 Fifty Eight Thousand Nine Hundred Eighty Seven Dollars and 44/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Big Sky As h- (Seal) United Fire & Casualty Company (Seal) Contract Na e an orp ate Seal Surety's Name and Corporate Seal By By: S�gn'*re Signattire (Attach Power of Attorney) Naomi Gerber Print Name Print Name RATE CORPO :�Attorney-in+act q I le 4 Title Attest: Atte Signature §,-gnat#e 0 Sylvia,Tilzey Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (NI W001504;1) EJCDC C-615(A) Payment 13ond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor, S. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance, 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. INIW001504;11 EJCDC C-615(►) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. 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. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15,1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof FOR INFORMATION ONLY—(Name, Address, and Telerhoneg Payne Financial Group, Inc. nd Surety Agency or Broker: 2323 2 Ave, North, Billings, M 5910 Owner's Representative (Li�zneer or other : (MW001504;1) EJCDC C-615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER ¢FATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE �& CASUALTY COMPANY e corporation duly organized and existing under the laws uf the State of Iowa, and having its principal office in Cedar Rapids State of Iowa does make constitute and appoint Naomi Gerber its true and lawful Atto with power and authority hereby confe bz sign, seal and execute inits behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Surety Bond Number: 54181224 Principal: Big Sky Asphalt, Inc. Obligee: City of Bozeman and to bind UNITED FIRE &CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors nf the Company on April 18.1973. "Article V- Surety Bonds and Undertakings" Section 2. Appointment o[/domey[n'Faot. "The President or any Vice President, or any other officer uf the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature nf any officer authorized hereby, and the Corporate seal, may be affixed by facsimile tu any power of attorney orspecial power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and "."°" ""=°. the Company, to be valid and bi upon t he Company with the same force and effect aa though manually affixed. Such attorneys-in fact, subject to the limitations set forth |n their respective certificates ofauthority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal tnba hereto affixed this August 23.2O18. UNITED FIRE & CASUALTY COMPANY By y --0 Vice President State of Iowa, County of Linn, ya: On August 23, 2010, before me personally came Dennis J. Richmann to me known, who being by me duly did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described |n and which executed the above instrument; that ho knows the seal of said corporation; that the seal affixed to the said instrument is Such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Commission number 713273 Xotary Public Iowa Notarial Seal ? AP My Co I mmission Expires 10126113 My commission uxpizon� 10'26 CERTIFICATION 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In subscr my name and affixed the corporate seal of the said Company this day of 20 ___ � Secretary STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (See Montana Public Works Standard Specifications 6 Th 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. 0-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. 5C - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor, Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC -- 2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2,05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810 — 6"` Edition Supplementary Conditions to the General Conditions Page l of 12 SC­ 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.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 Nil] not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A,3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01,C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right -of -way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right- of-way without written permission from the property owner and tenant. SC 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.13 and replace with Special Provisions. Section 00810 — 6" Edition Supplementary Conditions to the General Conditions Page 2 of 12 SC — 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 - UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 59 -4 -501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows:. A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A -, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810 — 6 Edition Supplementary Conditions to the General Conditions Page 3 of 12 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period, SC — 5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04,2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. I.aongshoremans) Statutory C. Employer's Liability $ 500,000.00 2, Contractor's Liability Insurance under Paragraphs 5.04,A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE 3,000 b. Products - Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) e. Coverage will include: I , Premises - Operations 2. Operations of Independent Contractor 1 Contractual Liability 4. Personal Injury 5 Products and Completed Operations �= Section 00810 — 6'� Edition Supplementary Conditions to the General Conditions Page 4 of 12 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A..6 of the General Conditions: a. Bodily Injury Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage Each Accident (or) $1,000,000.00 b. Combined Single Limit $ 1,000,000.00 Coverage to Include I. All Owned 2, Hired 1 Non -Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04,A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.13.4, of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810 -- 6" Edition 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 5.04.8.5 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: Include the interests of Owner, Contractor, Subcontractors, Stab - Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4, cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the 'Work by Owner. Section 00810-6 Edition Supplementary Conditions to the General Conditions Page 6 of 12 6. include testing and start -up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self- insured retention.. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.x1. shall comply with the requirements of CC - 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 6.02.8: Regular working hours are defined as $ 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: 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 Fork, nor interfere with or relieve Contractor from C'ontractor's full responsibility therefore. Section 00810 — 6 Edikion Supplementary Conditions to the General Conditions Page 7 of 12 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not rcl*Tcvc the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor, H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, Support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction Work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, crass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof whether by him or his subcontractors, The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. 1. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810 — 6 Edition Supplementary Conditions to the General Conditions Page 8 of 12 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such obscrv, shall not relieve the Contractor from any of its covenants and obligations hereunder. SC 9.03 PROJECT REPRESENTr1TIVE 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 1.01.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, 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: For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810-6 Edition Supplementary Conditions to the General Conditions Page 9 of 12 equipment rental rates will be negotiated prior to the work being performed. SC -11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a pat ticular item of Unit 'price 'Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agrcenicnt, and 2. the total cost of' the particular individual item of' Emit Price Work airim.i its to 10% or more of the Contract price which is the total sum of all schedules (if any), and SC- 1.4.42.A APPLICATIONS FOR PAYMENTS .Acid 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 materiels 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 13111 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 lice of cash retainage, lzetainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.S.a through 14.02.B.5.d inclusive, 14.02.1). La. through 14.02.D.1.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: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810 — 6" Edition Supplementary Conditions to the General Conditions Page 10 of 12 SC — 14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.0.1 of the General Conditions in its entirety and insert the following in its place: The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become clue when Owner approves the application for payment and wltcn ctuc. will be paid by Owner to Contractor. SC- 14.02.1 ?.l.c Amend the sentence of Paragraph 14.1`'.17.1 .c to read: ...entitling Owner to a set -off against the arnount recommended, including liquidated damages;or_. SC -14.03 CONTRACTORS WARRANTY OF TITT,F Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5, SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in Section 00810 — 6" Edition Supplementary Conditions to the general Conditions Page 11 of 12 accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilitiLs occupied or used except as ratty a rise se through portions of work not yet cOnTicled by COMI-,tCLOI If the work has been substantially completed and the Ennincer certifies that full Cornpiction thereof is materially delayed through no fault of the Contractor, the Owncr sh�dl, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC 14.06 FINAL INSPECTION Add the following n 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, SChCdUICS, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable, SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.01,A: The mailing address for giving notices to Contractor given in the Agr is hereby z� Z� 1� C� designated as the place to which all notices, letters, and other c cornmunicaticri to Contractor will be mailed or delivered. The mailing address for giving notices to Owner 1� 47) I'D given in the Agreement is hereby designated as the place to which all notices, letters, and Z> other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810 — 6 Edition Supplementary Conditions to the General Conditions Page 12 of 12 PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTIOV 2011 Effect January ~-~ Bri Schwweitzer,Governor State of Montana Keith Kelly, Commissi Department of Labor &NnrNus0my To obtain copies of prevailing wage rate schedules, orfor information relating to public works projects and payment of prevailing wage rates visit ERD at www.mtwagehourbopa.com or contact them at: Employment Relations Division Montana Department of Labor and industry P.O. Box 2O1583 Helena, N1T5QG2Q'15Q3 Phone 406-444-5600 TDD4O6-444-6649 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. |n addition, we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, has determined the standard prevailing rate nf wages for the occupations listed inthis publication. The wages spec|fiedherein control the prevailing rate of wages for the purposes of18'2-401.etaeq Montana Code Annotated. |tis required that each employer pay (ama minimum) the rate of wages, including fringe benefits, 1navo| allowance and per them applicable to the district in which the work is being performed, as provided in the attached wage determinations, All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau a1(4U8)444-5GO0mrTOO(4Q6)444-5G4B. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compfiance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at(4D8)444-5GOOmrTOD(4Q8)444-554Q� KEITH KELLY Commissioner Department of Labor and Indus" State nfMontana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A, Date of Publication ........ .................. B. Definition of Highway Construction .... - ......... ...... ........................................... C. Definition of Public Works Contracts ....... ...... ........... D. Prevailing Wage Schedule _ .................. ...... ...... ................. __ ............ E. Rates to Use for Projects ....... ......................... ................... ............ ....... F. Wage Rate Adjustments for Multiyear Contracts ........................ ................ ...... _ ............. .......... G, Fringe Benefits ................ ...... .......... ............ ..................... ... _ .......... H, Apprentices ... ....................... __ ........................ .............. ........ I. Posting Notice of Prevailing Wages ..... ........ ............. ......... ..................... ............. ....... J Employment Preference ............. ...... ..................................... ................ WageRates ........... ......... ........... ........................ ........ ...... ........... 1-5 A. Date of Publication January 27, 2011 B. Definition of Highway Construction The Administrative Rules of Montana (ARM) 24.17.501(3) - (3)(a), Public Works Contracts For Construction Services Subject to Prevailing Rates, states: "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction, Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway, grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails. " Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No. MT100002 Modification No.0 have been adopted by the Montana Department of Labor and Industry for use in Highway Construction projects and are included in this publication. These rates apply statewide or as shown in MT100002 Modification No. 0. C. Definition of Public Works Contracts Montana Code Annotated, section 18-2-40 l(I 1)(a), defines "public works contract "' as "a contraetfbr construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000- D. Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules for Building Construction, Heavy Construction and Nonconstruction. Services occupations can be found on the internet at www.mitwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5(00 or TDD (406) 444-5549. E. Rates to Use for Projects Rates to be used on a public works project are those that are in effect at the time the project and bid specifications are advertised. Page i ...... ..... . HIGHWAY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011 F. Wage rate adjustments for multiyear contracts Section 18 -2 -417, Montana Code Annotated states:. "(1) Any public works contract that by the terms of the original contract calls for more than 30 months to filly perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages jor workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. ' G. Fringe Benefits Section 18 -2 -412 of the Montana Code Annotated states: "(1) To fii�flll the obligation...a contractor or subcontractor may (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1) (a) and (1) (b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed: (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S, department of labor. " Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, section 18 -2- 416(2), Montana Code Annotated states, "... The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract. " Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when working on a public works contract. L Posting Notice of Prevailing' Wages Section t 8- 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 for the entire duration of the project„ a legible statement of "all wages to be paid to the employees. " J. Employment Preference Sections 1.8 -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, ... _._ .. _ Page ii _ _.._. -... HIGHWAY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011 MONTANA STATEWIDE PREVAILING DAVIS-BACON Effective: January 27, 2010 HIGHWAY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide. Page 1 HIGHWAY CONSTRUCTION SERVICES 2017 EFFECTIVE JANUARY 27, 2011 ^*Z%)NEPAY° CEMENTS MASONS, ]RON 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 hu the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, M|SBOULA ZONE 1: 0ho3O miles - Free ZONE 2: 3OtoGO miles - Base Pay +$2.5D ZONE 3: Over OO miles - Base Pay +$4.OQ CARPENTERS: ZONE 1:Ota3Q miles - Free ZONE 2� 3Oto5D miles ' Base Pay +$3.Q8 ZONE 3: Over 5O miles - Base Pay +$4.88 Rates Fringes CARPENTER Cerpenter.Pi|edrivemoen $2271 $8,85 Millwr $2478 $885 Rates Fringes CEMENT MASON/CONCRETE FINISHER $21.37 $8.50 Rates Fringe ELECTRICIAN Area $18.74 $2.93+18% Area $20.13 $4.70+3.89& Area $18�88 $2.44 + 18% Area $19.84 $2,51 + 1896 Area $20.54 *3,54 + 18Y6 Area $10.02 $3,44+3,8% LINE CONSTRUCTION Rates Fringes Equipment Operator $19.16 $5.05 Gmundman $15.40 $5.05 ELECTRICIANS AREA DESCRIPTIONS AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties AREA 2- Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie, Rosebud, Stillwater, Treasure, VVibaux and Yellowstone Counties ---'------'—�--- -- Pace2 ----��--------��� AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glac Hill, Judith Basin, Liberty, McCone, Petroleum, Pondera Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Va and Wheatland Counties ' AREA 4: Broadweter, Lewis and Clark, and Meagher Counties AREA 5: F|athoad, Lake, Uncuin, Mineral, Kdisoou|a, RavaUi.omd Sanders Counties AREA 6: Gallatin, Park, and Sweet Grass Counties IRONWORKER Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Counties GROUP 1: Flag person GROWP2: Ali 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 Un|oodem; RiprappecSoa|amteforConoreteandothermateria|s- BiQn Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control Worker. GROUP 3: Concrete Vibrator; DumpmanK3rademam; Equipment Handler; Geotexbe and Liners; High-Pressure Nozzlemen; Jackhammer (Pavement Breaker), Laser Equipment Non-riding Rollers; Pipelayer; PouMho|e Digger (pmwer; VV Power Driven �ee|bannw; Rigger; Sandblaster; Sod Cutter-Power; Tampers, ' GROUP 4: Ashpait Rake Cutting Torch; Grade Setter; High-Sc Power Saws (Faller &Concretm;Pmwdermen ($1.00 per hour above Group 4 rate); Rack & Core Drill Track or Truck Mounted Wagon Drill; Welder including Air Arc, ���� ------�--'-- Page --------'------ Rates Fringes $25.50 $14.30 Remaining Counties Rates FdoQew '---------------------'----'----------' $2315 $13.71 Rates Fringes LABORER Group $17.18 $6.75 Group $18.97 $8.75 Group $20.17 $8.75 Group $21.07 $6.75 LABORERS CLASSIFICATION GROUP 1: Flag person GROWP2: Ali 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 Un|oodem; RiprappecSoa|amteforConoreteandothermateria|s- BiQn Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control Worker. GROUP 3: Concrete Vibrator; DumpmanK3rademam; Equipment Handler; Geotexbe and Liners; High-Pressure Nozzlemen; Jackhammer (Pavement Breaker), Laser Equipment Non-riding Rollers; Pipelayer; PouMho|e Digger (pmwer; VV Power Driven �ee|bannw; Rigger; Sandblaster; Sod Cutter-Power; Tampers, ' GROUP 4: Ashpait Rake Cutting Torch; Grade Setter; High-Sc Power Saws (Faller &Concretm;Pmwdermen ($1.00 per hour above Group 4 rate); Rack & Core Drill Track or Truck Mounted Wagon Drill; Welder including Air Arc, ���� ------�--'-- Page --------'------ 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, thenno' plastics and any other prnductueppWadbr traffic marking purposes and for directing and regulating traffic, and cutting Rumble Strips. GROUP 1. A-Frame Tmc CmneAJrCompreusocAutoFimeGrader;BeltFlmishingMachine�Buh g Machine (small); Cement Silo, Crane; Crusher Conveyor DVV-1O.16. and 2Q Tractor Ro Farm Tractor; Forklift; Fmnm-Gnqder;Front-End Loader under 1 ou yd: Oiler, Heavy Duty Drills; Pumpmman; Oiler (\U.except Cranes and Shuve|o). GROUP 2: Air Doctor; hovel to& inc[ 3cu yd Bit Grinder; Bitunimoum Paving Travel Plont�Boring Machine, large; Broom, 8eU-Pnope||ed; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machinc� Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber Tired, Push, and Side Boom Drills, Heavy Duty (all types); Elevat Gnmdor/GrodaH; Field Equipment Serviceman; Front-End Loader nu ydtoand incl. 5 cuyd� Grade Setter; Hoist/Tugger (All Hydno|@&O|mNmr);Industrial Locomotive; Motor Patrol (Except Fin\sh):Mountain Gkidder; Oiler, Cranes &Ghnue|o; Pavement Breaker, E&8GC0; Power Saw, Self-Propelled; Pugmi||; Pumponmte/Gmut Maohimo;PunchTruch�BoNeno(4||sxueptAaphm|tFimisheodBremkdow/n):RosnCarher|RobzmiUunder0ft; Trenching Machime;VVashiog/8creeninQ Plant. GROUP 8;Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine; Back hove larger than 3 cu yd; Asphalt Screed; Concrete Batch Plant; Cableway Highline; Concrete Curing Machine; Cranes, 24 tons 8 under; Cranes, Crotec Cnamom Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver, Finish Dozer; Mechanic/Ww|der; Pioneer Dozer; RotomN|8ft and over; Scraper, Single Engine; Scraper Twin nr Pulling Belly Dump; Ym Yo Cat Front-End Loader over 5cuyd. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 2S tons to44tons; Crusher Operator Finish Motor Patro Finish Scraper, SPECIAL OPERATORS: GROUP 5: Cranes, 45 tons to and including 74 tons GROUP 6: Cranes, 75 tons to and including 148tons GROUP 7: Cranes, 15O tons tu and including 25Otons; Cranes over 25Otons: add $1.DO for every 1QO tons over 25O Page 4 lA( ---��-----------� ----- �����YCO0�TRD[3lO03�R�\C��3OI1 EFFECTIVE JANUARY 27,Z8l1 Rates Fringes POWER EQUIPMENT OPERATOR Group $21.52 MOO Group $23.56 $8.00 Group $24.41 $O.00 Group $25.10 $8.00 Group $26.44 $&00 Group $2713 $8.00 Group $29.23 $8.00 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1. A-Frame Tmc CmneAJrCompreusocAutoFimeGrader;BeltFlmishingMachine�Buh g Machine (small); Cement Silo, Crane; Crusher Conveyor DVV-1O.16. and 2Q Tractor Ro Farm Tractor; Forklift; Fmnm-Gnqder;Front-End Loader under 1 ou yd: Oiler, Heavy Duty Drills; Pumpmman; Oiler (\U.except Cranes and Shuve|o). GROUP 2: Air Doctor; hovel to& inc[ 3cu yd Bit Grinder; Bitunimoum Paving Travel Plont�Boring Machine, large; Broom, 8eU-Pnope||ed; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machinc� Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber Tired, Push, and Side Boom Drills, Heavy Duty (all types); Elevat Gnmdor/GrodaH; Field Equipment Serviceman; Front-End Loader nu ydtoand incl. 5 cuyd� Grade Setter; Hoist/Tugger (All Hydno|@&O|mNmr);Industrial Locomotive; Motor Patrol (Except Fin\sh):Mountain Gkidder; Oiler, Cranes &Ghnue|o; Pavement Breaker, E&8GC0; Power Saw, Self-Propelled; Pugmi||; Pumponmte/Gmut Maohimo;PunchTruch�BoNeno(4||sxueptAaphm|tFimisheodBremkdow/n):RosnCarher|RobzmiUunder0ft; Trenching Machime;VVashiog/8creeninQ Plant. GROUP 8;Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine; Back hove larger than 3 cu yd; Asphalt Screed; Concrete Batch Plant; Cableway Highline; Concrete Curing Machine; Cranes, 24 tons 8 under; Cranes, Crotec Cnamom Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver, Finish Dozer; Mechanic/Ww|der; Pioneer Dozer; RotomN|8ft and over; Scraper, Single Engine; Scraper Twin nr Pulling Belly Dump; Ym Yo Cat Front-End Loader over 5cuyd. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 2S tons to44tons; Crusher Operator Finish Motor Patro Finish Scraper, SPECIAL OPERATORS: GROUP 5: Cranes, 45 tons to and including 74 tons GROUP 6: Cranes, 75 tons to and including 148tons GROUP 7: Cranes, 15O tons tu and including 25Otons; Cranes over 25Otons: add $1.DO for every 1QO tons over 25O Page 4 lA( ---��-----------� ----- �����YCO0�TRD[3lO03�R�\C��3OI1 EFFECTIVE JANUARY 27,Z8l1 TRUCK DRIVER Rates Fringes Group 1 $18.54 $7.86 Group 2 $23.69 $7.86 GROUP 1: Pilot Car GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Fiat Trucks; Lumber Carriers; Lowboys; Pickup Powder Truck Driver, Power Boom; Serviceman: Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. END OF GENERAL DECISION Page 5 HIGHWAY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011 SPECIAL PROVISIONS [CJ :1 J4, 1:1 :JAI The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the construction of parking lot paving improvements. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition (MPWSS), and as further modified by the City of Bozeman Modifications to MPWSS, dated March 31, 2011, 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 proposed work includes but is not limited to: installation of concrete valley gutters, grading and compaction of existing gravel base, grading, installation, and compaction of new gravel base, and installation of plant mix asphalt surface course, as shown in Appendix B of the Contract Documents in accordance with the provisions of these specifications, Schedule 1 consists of improvements in the portions designated as Area 1 and Area 2 on plan sheet C1. Schedule 2 consists of improvements in the portion designated as Area 3 on plan sheet C1. 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner s sole and absolute judgment, will best serve the interest of the Owner. The low Bidder will be determined on the Basis of Schedule 1 and potentially Schedule 2 if it is in the best interest of the Owner. 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written 1 SPECIAL PROVISIONS by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE To PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $100,00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6, COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner, rMn.mvilmou 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 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. 2 SPECIAL PROVISIONS 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 contactwith his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. uumv - ►� If, within one year after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Priorto orat the PRECONSTRUCTION CONFERENCE, the Contractorshall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule, C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange rrange 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, 3 SPECIAL PROVISIONS 11 SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 931W�•�� 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. Record drawings prepared by Staley Engineering & Associates following completion of the construction of the Vehicle Maintenance Facilities at the proposed work site are available for review at the City Engineer s Office, 20 E. Olive, Bozeman, MT. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in 4 SPECIAL PROVISIONS 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 prepared by either an ATTSA (American Traffic Safety Services Association) certified Traffic Control Supervisor or Traffic Control Design Specialist or approved equal, or a Professional Engineer, The traffic control plan shall be approved by the Owner prior to construction. B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. C. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extentthat adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. Measurement and Payment. No separate measurement and payment shall be made for construction traffic control unless listed as a bid item. Construction traffic control shall be considered an incidental cost to be included in other items in the contract requiring traffic control to complete that item. E. 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. 5 SPECIAL PROVISIONS 1,7. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the projectto prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation, The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention, or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day, 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. 6 SPECIAL PROVISIONS It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner 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. 1100 IV *�Q I - 2 11 1VIN The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 7 SPECIAL PROVISIONS SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field, Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns, The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. No separate measurement and payment shall be made for traffic control. The cost of traffic control shall be included in other bid items. Items 101 and 201: 3 Thickness Asphalt Concrete Surface Course, Type B These items shall be measured and paid for by the square yards of compacted 3 1, Thickness Asphalt Concrete Surface Course, Type B, in place. The unit price and payment shall constitute full compensation for application of SS-1 tack coats; for furnishing, handling, hauling, placing, shaping, compacting and finishing of the paving mix; matching finished street grade to existing pavement or other features as required; for improving unsatisfactory areas; for placing leveling courses as required; for all materials (inclusive of asphalt), manipulation, labor, tools, equipment, and incidentals necessary to complete the work in full compliance with these specifications. Item 102: Re-grading of Existing Gravel Base Course This item is measured and paid for by the square yards for re-grading existing gravel base material to final gravel base grade atthe unit price bid for , Re-grading of Existing Gravel Base Course Price and payment is full compensation for spreading, shaping, watering, and compacting the base course material, and for all tools, equipment, labor and incidentals necessary to complete this item. Item 103: Excavation to Subgrade This item is measured and paid for by the square yards for excavating to subgrade at the unit price bid for "Excavating to Subgrade Price and payment is full compensation for all labor, equipment, tools, and incidentals necessary to accomplish all clearing, grubbing, deleterious material removals, hauling, disposal, and excavating and compacting to prepare the subg rade shown in the contract. 1 MEASUREMENT AND PAYMENT Item104: 9 Thickness of V Minus Crushed Base Course Measurement and payment for this item shall be as per MPWSS Section 02235 4.1, Cubic Yard Basis. Items 105 and 203: Concrete Valle y Gutte Measurement and payment for this item shall be as per MPWSS Section 02529 4.2 Items 106 and 204: Adiustin dExistincj Feature to Grade These items shall be measured and paid for by the number of existing features, complete in place, at the contract unit price bid for NIAdjusting Existing Feature to Grade", said price and payment constituting full compensation for all necessary materials, excavation, backfill, compaction, cleaning, labor, tools and incidentals necessary to adjust any sewer cleanouts, water valve boxes, inlet catch basin frames and grates, or other similar features to final grade. Item 202: Excavation to Base Course This item is measured and paid for by the square yards for excavating to top of base course at the unit price bid for , Excavating to Base Course Price and payment is full compensation for all labor, equipment, tools, and incidentals necessary to accomplish all sawcutting, clearing, grubbing, deleterious material removals, hauling, disposal, and excavating, and for all spreading, shaping, watering, and compacting the base course material to prepare the base course shown in the contract. 2 MEASUREMENT AND PAYMENT .. .. � Standard Drawings T­ 11 11- 1 ....... - T_ 6 . I— COMPA' NOTES: 1. Adjust water valves upward or dowmwcrd as required, Final adjustment shall be mode after paving and before seal coating. 2. Model Na_ 69 8550 series, East Jordon Iron works adjustable screw–type rrsers may be used to raise or adjust existing valve boxes only- y Valve box adjustment shown is designated as Type 11 water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. CITY OF STANDARD BDRAWING S' OZEMAN CALE: I WATER VALVE ADJUSTMENT I NO, 02213-2 N DETAIL Feb. 2004 1/4" BELOW TOP OF NEW PAVEMENT SURFACE HEAVY DUTY MONUMENT BOX, SIMILAR TO LAIRD ENG. NO, 50608-1 STREET PAVING & GRAVEL AS REQUIRED SEAL JOINT WITH RAM-NEK 8" X 3' ROUND CONCRETE SLAB S I n A A SLIP HUB TO FROST THREADED ADAPTOR EXPANSfON SLEEVE THREADED PLUG L=li CLEANOUT PIPE, 8' PVC NON-SHRINK /" FILL 0" MIN. 45.. :1 4 END OF TRENCH" ;14 A 4 A 4 8" PVC END OF LINE CLEANOUT IF REQUIRED USE PLUG CITY OF BOZEMAN � SCALE: SANITARY SEWER NO, 02730-4 STANDARD DRAWING NONE I CLEANOUT � DEC. 2003 .. r Work Location Map Flan Sheet C 1 0 00 0 0 ' xa 1 woss�a,� N zsTH AvE - � — I N 24TH � V� > tv 23RD AV 9 f— t d r z 1 N 21ST AVE O 5 20TH AVE ® N 20TH AVE r' x S - T�) rH AVE' y � t"° p Y 14TH AVE 1 14TH AVE` - N 17TH AVE I I SACCO DR Ll eC 6TH AVE C5 r S 1STI1 AVE N 15TH! AVE r 1 S-. 1 °4 rH 4V E v ("� - j`� IN 14Th AVE `" — ,�� m - _m CARSON PL I N 12TH Ai'E rj I S IITH AVE' C` ��. y r �� N 11TH AVE CM N 1 1Th A 4 E { n S 11}TfI AVE ? I p - °N' 1 7H AVE 1� y + s_ °S`4T 1 - RAVE ____ 1_ S $TH AVE - i S "bra AVE S 7TH AVE `, 7T4 -AVE--- __.. vi iE -'. - L - -� N 7T1[ AVE^C 11 m. a ?+" N 7TH AVE - -- Z > 'S` 5rH RV1 - -- , �� - N STH AV j - --- - - --3. 1 Or I �: C - •__ - -- , I C 's � (— S 4;Cli AVE 1.9. I n �y fit f;53Q S 3RD`A V E 7 "j �� I Al n V 3RD AVE —4 I G RAND AVE "° -� _ U N GR�aND A E ? O _t a S" WILT SON AVE �� 'tN`W1I LSp "AYE S ° TRACY AVF`_�` ` E ' `� - -- N 'TRACY AVIl 3-- - - °-- .3 3 ---- - ----------- - I .__._ S B k.ACx AVE N EBLACK SAYE° � �; � z -ikv xz)v - l a s o to S' BO EMAN AV1 CS M - g ZENFAN O BHPe m O m < m N MQNTAN AV E ^ z S ROUSE AVE �, N RUSE AVE, i . CHURCH AVE �; x :? °lf CHURCki hVE x j > N�WALLACE AVE �t fi e. KENYO IDA AV N D 4 i j 1. I �' ' U, I�� Client #: 4388 BSASPHAL ACORD,. CERTIFICATE OF LIABILITY INSURANCE L 8/12/2011 ATE(MMiDDNYYY) TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lucy Normandeau HOin.ess LaBar Insurance PHONE --�--- F fAtC No, El): 406 -238 -1926 _1 (NC Not: 406 - 53 -5800 A Member of Payne Financial Group E-MAIL P.O. Box 30638 ......_.__ s: $1 00,000 MED EXP (Anyone person) Billings, MT 59107 0638 INSURERIS) AFFORDING COVERAGE NAIC # INSURER A: Berkley Regional Specialty Ins. GENERAL AGGREGATE INSURED INSURER B: Century Surety (company PRODUCTS - COMPIOP AGG Bi Sky Asphalt, Inc. INSURER C American States Insurance Compa P. O„ Box 835 IN SURER D: LIABILITY ANY AUTO A OS xr SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNEO AUTOS Bozeman, MT 59771 INSURER E 06CCO185962 11114/2010 INSURER F C° age EDISINGLE LIMIT 1,000,000 C OVERAGES C ERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS AND CONDITIONS OF SUC POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT TYPE OF INSURANCE ADDL$UBR INSR WVD POLICY NUMBER POLICY EFF MMlDDlYYYY POLICY EXP MMiDWIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X BI/PD Ded:5,000 X BINDER969530 0 710112011 07/0112012 EACH OCCURRENCE $ DAMAGET RENTED PREMISES Ea occ $1 00,000 MED EXP (Anyone person) $5 000 PERSONAL SADVINJURY $1,000,000' GENERAL AGGREGATE $2,000,000 GENT. AGGREGATE OMIT APPLIES PER: POLICY Fi PRO« JECT LOC PRODUCTS - COMPIOP AGG $ 2,000,000 C AUTOMOBILE LIABILITY ANY AUTO A OS xr SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNEO AUTOS 06CCO185962 11114/2010 1111412011 C° age EDISINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ _.. BODILY INJURY Per accident I j $ X PROPERTY DAMAGE Per accident. $ B UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE 720136 7113/2011 07/0112012 EACH OCCURRENCE s2,000,000 X AGGREGATE s2,000,0 DED I X RE TENTION$ 5000 $ WORKERS COMPENSATION AND EMPLOYERS` LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? 0 (Mandatory In NH) If yes, descrrbe under DESCRIPTION OF OPERATIONS below NIA _ WC STATULL OTH- IER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. O €.SEASE- POLiCYLIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) Additional insured per form GA2033 City of Bozeman PO Box 1230 Bozeman, MT 59771 0 ACORD CORPORATION. All rinhtc rP;zPrvPrl' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S6769491M670734 LN1 BSASPHAL DATE (MMIDDIYYYY) ACORD,. EVIDENCE OF PROPERTY INSURANCE 08/11/2011 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST, AGENCY PNE COMPANY rnlr. HO Nn Fill. '4(1'6 +238 "1900 Holiness LaBar Insurance A Member of Payne Financial 'Group P.O. Box 30638 Billings, MT 59107 -0638 CODE: sue CODE AGENCY 88 CUS TOMER ID #: INSURED City of Bozeman; Big Sky Asphalt, Inc.; Sufi and sup - subcontractors P. O. Box 835 Bozeman, MT 59771 PROPERTY INFORMATION Cincinnati Insurance Company P.O. Box 145496 Cincinnati, OH 45250 -5496 LOAN NUMBER POLICY NUMBER BIN DER976359 EFFECTIVE DATE EXPIRATION DATE 08111111 0 8/11112 E TE'M E UNTIL TERMINATED I F CHECKED THIS REPLACES PRIOR EVIDENCE DATED: LOCATIONIDESCRIPTION Location #1 Paving Imps 1812 N Rouse Avenue Bozeman, MT 59771 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE, AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM'S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L;L)VtKALak INF"QKMAIION i COVERAGEIPERtLSIFORMS I AMOUNT OF INSURANCE I DEDUCTIBLE REMARKS (Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS City of Bozeman; Big Sky Asphalt, Sub and sub- subcontractors Inc.; Sub P. O. Box 835 TGAGEE ADDITIONAL. INSURED JL:O, LOAN # Bozeman, MT 59771 AUTHORIZED REPRESENTATIVE AL;UKU ZI (2UU911Z1 7 OT 1 598172 ©1993 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LN1 COMMERCIAL GENERAL LIABILITY CG 20 330704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |l[CAREFULLY. t ik= 11161 WGI rillehyyy i1:1 0 =141JUMV OR � k i1i, A This endorsement modifies insurance provided under the fo0uwimg� COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section U— VVho Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performin ratimnn when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts oromissions; or 2- The acts or omissions of those acting on your behalf; in the your ongoing operations for the additional insured. A person's o,mrQanlze§on"u status aaanadditional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With the insurance afforded to those additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily damage" or"personal and advertising injury" arising out of the render- ing of, or the failure to mnder, any professional architectural, engineering or aonmyimQ servic- es, including: u- The preparing, approving, failing in pre- pare or approve, mnaps, shop drawings, opi- nmno.peporto. surveys, field orders, change orders nr drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2' "Bodily injury" or "property damage" occurring after: a. All work, including materials, or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b- That portion of "your work" out of which the injury or damage i has been put to its intended use by any person o,organization other than another contractor or subcontrac- tor omgoged in performing operations for principal ana part of the same project. CG 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 El Au g, 16, 2011 3:34PM Avibus Grout CERTIFICATE OF LIABILITY INS U RANCE No. 2372' P. 1 bAYs Ih 08/1612011 THIS CERYIF'ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOY APORMATIVELY OR NE€3ATWELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 6Y THE POLICIES BELOW. THIS CERTIFICATE 01: INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN$URER(S), AUTHORIZED RE PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an AObITIONAL INSURED, the PORCY(IDS) must be endorsed, If SUBROGATION fS WAIVED, Subject to the Or= and Conditions of the policy, certain policies may require an endorsement. A statomant on this certificate duos not confer rights to the certificate holder In lieu of such endorsemenl(s). PRODUCePt Doug Jones do AJG Risk Management SeMcea, Inc. PHONE rAx BBQO E. Chaparral Rd, Suite 230 480 951 -x177 c Np 480 951-4266 SCOltsdale, AZ 55250 1MAIL INSURE S AFFORbIH4 COYErtAi E NAIC9 INSURERA. Amadcan Zonch Inaumnce COmnanV I 'Ini Ag INSUll" Better Business Syslems, Inc.; Avltus, Inc. dba- Avitus Group for leased workers to, Big Sky Asphalt, Inc. 550 S, 24th St,, W., Ste, 201 P,O. Box 81590 Billings, MT 69102 COVERAGES CERTIFICATE NUMBLR I IMT90161713ars hilrxesaa:o. THIS IS TO CERTIFY THAT THE FOLICIES OF INSURANCE" LISTED BELOW HARPE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERKT0 INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT15ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPt?OFINSURANCB A pL r P9�ICYNUMBER rOL1CY r MPOYEXP LIMITS OENERAL W AIDILITY - EACM OCCURRFNCE S COMMERCIAL GENERAL, LIADLITY r}A!J{AGE TO RE NTED CLAIMS -MADE 1:1 OCCUR knte S LIEDEXP LAa2 person) PERSONAL 4 ADV INJURY s GENERAL AGGREGATE S GENLAGGREGATELIMITAPPLIESPER: PRODUCTS - COmPtOr s POLICY' n LOG 8 AUTQMOMILV UAWLITY NCLELIMI ANY AUTO BODILY INJURY (Perperrsort) S ALL OWNED WflEDULEO DONLY INJURY (Per eoddagQ S AUTOS AUTOS HIREDAUTOS AUTO QED fp", RTYDAMAGE s 5 UM00LLALIAt3 OCCUR, EA OH OCCURRENCC $ EXCESS ME) (AlyyTg.M..... AGQREGATE S DED I RE7ENTIphI$ S 1VORHERS COMPENSATION Y TATU- OTPI- AND I:MPLOYERS'OWLITY Y(N i: 1. EACH ACCIDENT S 1,000 !� ANY PROPRIETORMARTNEWE%ECUTIVE OFFICERlMEMBEREXCLUDE01 NIA VC 90-00-910-00 06/2912011 04/01./2012.. $ 1,000.000 Ifna d®ew(% NRl ll vyea descdbe �^wder E.L. DISEASE -EA EMPLOYE E1. DISEASE - POUCYLIMIT g 1,000,000 OESCRIPTIONOFOPERATIONSWow Location Coverage Period: 0512912011 04/01/2012 Chentf/ 925 -MT DWWRIPTION OF OPERATIONS I LOCATIONS I VEMWLES (A€ LaahACORa101, AdOlonalRomarhe9ctMdale ,llmorospaca. is; F4quIrso) Coverage Is provlded for 619 Sky Aepha, Inc. Attn: Andy Karr only those employees 1220 North Rouse Ave. leased to but not Bozeman, MT 59715 Lower yaros pa%ing auhcontrectors nr, E HOLDER CANCELLATION City of Bozeman - Streets Dept, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE 20 E. Olive SI. THE EXPIRATION DATE TBEREOF, NOTICE WILL EIF DELIVERED IN Bozeman, MT59716 ACCORDANCIE WITH THE POLICY PROVISIONS. AUTHORIZED pEA1(Iyt ='. ........ 01988 -2010 ACORD CORPORATION, All rights reserved. ACORD 26 (2010/06) Tho ACORD name and logo are registered marks of ACORD