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HomeMy WebLinkAbout2014 Pavement Marking- Contract Documents _ s 88 CITY OF BOZEMAN 2014 PAVEMENT MARKINGS CONTRACT DOCUMENTS PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT MAY 2014 3 - PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety,Owner or other party shall be considered plural where applicable. BIDDER(Name and Address): Montana Lines, Inc. 2800 Upper River Road Great Falls, MT 59405 SURETY(Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square Hartford,CT 06183 OWNER(Name and Address): City of Bozeman 121 North Rouse,P.O. Box 1230 Bozeman,MT 59771 BID Bid Due Date: 6/10/2014 Description(Project Name and Include Location): 2014 Pavement Markings Project, Bozeman,Montana BOND Bond Number: 005923683 Date(Not earlier than Bid due date): 6/10/2014 Penal sum Ten Percent of the Total Amount Bid $ 10% (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the teams set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY Travelers Casualty and Montana Lines,Inc. (Seal) Surety Company of America^(Seal) Bidder's Name and Corporate Surety's NaMZ VeBy: By: ignature Si ature(Attach f Attorney) John D. Leaf Print Name Print Name Attorney-In-Fact Title Title Attest: �� Attest: ` Signature , A A Si tore c 0 Iv�3G lc��QS' Beth A.Windom, Bond Clerical Title Title Note:Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. Bid Bond —00430--Page 1 of 2 „ )1(NT .0,Inp FD: EJCDC C-430 Bid Bond(Penal Sum Form)(2007 Edition).Prepared by the Engineers Joint Contract 1}pcp�neq .Coinm' !ia tr;r;a\ ueiCIAL MOUNIAiN S^`�;IcS LIIVII M d .LEVtAU> PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner,which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is Iocated. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal.delivery,commercial courier, or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements.Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute,then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term`Bid"as used herein includes a Bid, offer,or proposal as applicable. Bid Bond —00430—Page 2 of 2 EJCDC C 430 BidBond(Penal SumForm)(2007 Edition).Prepared by the Engineers Joint Contract Documents Committee. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St,Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 228022 Certificate No. 005923683 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint John D.Leaf,Beth A.Windom,Chris Jermunson,Jamie M.Roe,Billy J.Bolt,Kaye U.Muzzana,Christopher T.Hindoien,Kristin A.Piccioni,and Brooke A.Garness of the City of Great Falls State of Montana their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 28th day of May 2014 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GASU•r N F\0.EWA,, 1t IN 1N$U may, STY A '( 0\�,,.....rp9 JpY aq♦ gJP "'�G �N'"s"92r�p 4pF1� 'Wo @F•FPOR s 1982 0 19n � �i ;n} t --- .�; ` HpRTFtNiD, n44tFOW7,� 1896 �ct+'' t O� 19 a •�� SEAG.%o3 t caNN. 31� �� NO< g y 51 �:• o?.SBJLL i �O� � ' State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 28th day of May 2014 before me personally appeared Robert L.Raney,who acknowledged himself to he the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, G•T� In Witness Whereof,I hereunto set my hand and official seal. YM My Commission expires the 30th day of June,2016. n Rf/Bl�G {r Marie C.Tetreault.Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CITY OF BOZEMAN, MONTANA 2014 PAVEMENT MARKINGS May 2014 TABLE OF CONTENTS CONTRACT DOCUMENTS j 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 Plan Sheets 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. Aon-Descrimination Affirmation form completed and signed? ✓3) Bid Envelope: - a._✓Addressed properly? (See Article I —Bids, Instructions to Bidders) b.�Contains the Contract Documents and Specifications booklet? C.7Acknowledged Receipt of Addenda? d. ZSealed? ✓4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, and acknowledgement of all addenda(by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. CITY OF BOZEMAN, MONTANA _ CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana,is accepting sealed bids for: 2014 Pavement Markings Project Separate sealed bids for construction of City of Bozeman 2014 Pavement Markings 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, June 10, 2014, and then publicly opened and read aloud. Please write the name of the proiect 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 2:00 p.m.,June 10,2014. Original copies must be submitted—no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The work involves installation of inlaid thermoplastic pavement markings within the City of Bozeman 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 1-406-444-7734. 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 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. 1 INVITATION TO BID 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 2:00 f p.m. local time, June 10, 2014. I- The right is reserved to reject any or all proposals received,to waive informalities,to postpone the L 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 21st day of May, 2014. Stacy Ulmen, CMC City Clerk, City of Bozeman Published Bozeman, Montana -- May 25, 2014 June 1, 2014 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: 2014 PAVEMENT MARKINGS, 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 seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others; may be required to submit satisfactory evidence of this authority to do so. The title of the person(s)executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved(a)maintains a permanent place of business;(b)has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work; and (d) has appropriate technical experience. 1 INSTRUCTIONS TO BIDDERS _ Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall -- demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification,61n 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 6th 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 Appendix A--Standard Drawings......... MPWSS/Bound Herein _ Appendix B-- Plan Sheets................... Bound Herein 2 INSTRUCTIONS TO BIDDERS 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 Iocation. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. _ INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other 3 INSTRUCTIONS TO BIDDERS proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 N. Rouse Avenue P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: City of Bozeman 2014 Pavement Markings Name of Contractor: MONTANA b NE5} 1A(C. Montana Certificate of Contractor Registration No. (051 13 Acknowledge Receipt of Addendum No.: , In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M., June 10, 2014. 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 4 INSTRUCTIONS TO BIDDERS 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: By: Corporate Seal Title: 5 INSTRUCTIONS TO BIDDERS 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 negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to acceptor 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 6 INSTRUCTIONS TO BIDDERS 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. The Contractor shall be required to perform at least 40 percent of the original contract cost (excluding cost of Traffic Control) with the Contractor's organization. Where an entire item is subcontracted, the percentage of the work subcontracted is based on the original contract item unit price. When a portion of an item is subcontracted, the percentage of the work subcontracted will be based on either the subcontract item unit price or on an estimated percentage of the contract item unit — price, determined by the City Engineer. An item will not be considered partially subcontracted unless the prime contractor performs a portion of the work (equipment,materials or labor). If the same item is subcontracted at multiple levels, the cost is only accounted for at the first level. When an item - added by change order is subcontracted, the cost of the item does not count towards the required contract performance. 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 successftil Bidder will be notified by letter,mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded the contract. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. 7 INSTRUCTIONS TO BIDDERS RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the 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 ofthe Instructions to Bidders,Bid Form,Bond forms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of - Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all 8 INSTRUCTIONS TO BIDDERS subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. 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 (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders.The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further,wherever possible,products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price,quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 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 BID FORM 2014 PAVEMENT MARKINGS CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER,having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations,municipal ordinances and other factors which may affect the performance of the Work,and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for replacement of concrete curbs with integral concrete curb and gutter, 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 schedule(s). 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 15 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. 1 BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. .- The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of,any undisclosed person, — firm, or corporation, and is not submitted 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 2014 PAVEMENT MARKINGS NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (lures) 101 4" yellow LF $ .11lo 200 $ 60 Striping 102 4" white LF $�,/ 1,056 $ �1 Striping 103 8" white LF $ 1,2,35 1,139 $ &1J striping 104 24" white LF $ 998 4 striping 105 Words & SF $ 543 $ 12467. �6' symbols 106 Construction LS $ LS OU Traffic control TOTAL BASE BID $ �/�/h�C�� 7���•�•�0 �/.2 .�r/��� c��/��c1iY�k � ,PAD%��.t/� (TOTAL BASE BID —WRITTEN WORDS) The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. N���r-- Dated 12VI'll No, Dated No. Dated 3 BID FORM No. Dated Submitted this 9 day of it7r 12014. SIGNATURE OF BIDDER: Montana Contractor Re stration Number If an individual: doing business as If a Partnership: by partner If a Corporation: (a) by (Seal & Title G T Attest) Business Address of Bidder: 'OE ,w iOe� If Bidder is a joint venture, other party must sign belo Montana License Number and Clas If an Individual: doing business 4 BID FORM If a Partnership: by artner If a Corporation: (a) Corporation by (Seal & Tie Attest) 5 BID FORM NON-DISCRIMINATION AFFIRMATION FORM �/.1114 -- ,name of entity submitting]hereby affirms it will not discriminate on the basis of race, color,religion, creed,sex,age,marital status,national origin,or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman,if a contract is awarded to it,and also recognizes the eventual contract,if awarded,will contain a provision prohibiting discrimination as described aboy.p and that this prohibition shall apply to the hiring and treatment of the Q ��,C.1/�: [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: Person author i t gn on behalf of the bidder PENAL SUM FORM BID BOND Any singular reference to Bidder,Surety, Owner or other party shall be considered plural where applicable. BIDDER(Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER(Name and Address): _ BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) - Surety and Bidder, intending to be legally bound hereby,subject to the terms set forth below,do each cause this Bid Bond to be duly executed by an authorized officer,agent,or representative. - BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note:Above addresses are to be used for giving any required notice. Provide execution by any additional -- parties, such as joint venturers, if necessary. EJCDC C-430 Bid Bond(Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if- 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner, or '_ 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents _. (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner,which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. -- 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in _ the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier, or by United States Registered or Certified Mail,return receipt requested,postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute,seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall - govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The tern"Bid"as used herein includes a Bid,offer,or proposal as applicable. EJCDC C-430 Bid Bond(Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 _ AGREEMENT FORM THIS AGREEMENT is dated as of the day of in the year 2014 , by and between CITY OF BOZEMAN,hereinafter called OWNER,and hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Installation of inlaid thermoplastic pavement markings. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Bozeman 2014 Pavement Markings. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 15 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 ofthe 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 Dollars ($ ). 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. 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification(as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 8.5 The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation,gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first . above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title (JOINT VENTURE) By (SEAL &) (ATTEST) Title -- City of Bozeman (OWNER) By (CITY MANAGER) (SEAL &) (ATTEST) APPROVED AS TO FORM: (CITY ATTORNEY) PERFORMANCE BOND Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: 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. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) _ Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature(Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 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 under 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.I 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 Performance Bond Prepared by the Engineers Joint Contract Documents Conunittee. Page 2 of 3 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. S. 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 r 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 CIaims 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) -- Surety Agency or Broker: Owner's Representative(Era ineer or other arty): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER(Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date(Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: 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 (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal ._ By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title - Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. j Page I 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: l. 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. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. - 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 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. S. 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. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 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. 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 Iimitation 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 Telephone) Surety Agency or Broker: Owner's Representative(Engineer-or other): EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (See Montana Public Works Standard Specifications 6th Edition) SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700,2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC -2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.0I.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 nm 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 I I.0l.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 1 of 12 SC -2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in Varagraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c. SC -4.01 AVAILABILITY OF LANDS Add to Paragraph 4.0l.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC -4.02-SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings:The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.023 and replace with Special Provisions. Section 00810—6d'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 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such,Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC -4.06-HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A.Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or 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 h 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.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under- Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory C. Employer's Liability $500,000.00 _ 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 ._ b. Products-Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include- 1. Premises- Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810—6`h 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 $1,000,000.00 (or) b. Combined Single Limit 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability,Automobile Liability,Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.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'h 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.B.5 remains in effect. SC -5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the frill replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations).This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed - as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special - causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810—6°i 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.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours .- Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be _ done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated _ progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810—6`h Edition 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 6.131 of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, .- driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also 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. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810—6 h Edition Supplementary Conditions to the General Conditions Page 8 of 12 I Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC-6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as -.- follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and _ machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 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'h 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 11.03.13.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Emit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the A-rcement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10`/c or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material - included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill - of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.La. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810—fig'Edition Supplementary Conditions to the General Conditions Page 10 of 12 SC—14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preeonstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.1).I.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages;or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: . Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time,but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract 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 h 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 facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has bccil substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. _ SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.01.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated yas the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered.Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810—6 h Edition Supplementary Conditions to the General Conditions Page 12 of I2 MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2013 Effective: February 1 , 2013 Steve Bullock, Governor State of Montana Pam Bucy, Commissioner Department of Labor & industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates visit ERD at www.mtwagehourbopa.com or contact them at. Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401 et seq., MCA. It is required that each employer pay(as a minimum) the rate of wages, including fringe benefits,travel allowance and per diem applicable to the district in which the work is being performed, as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. PAM BUCY Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................ 2 B. Definition of Highway Construction ......................................................................................................... 2 C. Definition of Public Works Contracts ...................................................................................................... 2 D. Prevailing Wage Schedule ..................................................................................................................... 2 E. Rates to Use for Projects ......................................................................................................................... 2 F. Wage Rate Adjustments for Multiyear Contracts ....................................................................................... 3 G. Fringe Benefits .................................................................................................................................. 3 H. Apprentices ......................................................................... ............................................................ 3 I. Posting Notice of Prevailing Wages ....................................................................................................... 3 J. Employment Preference ..................................................................................................................... 4 3 WageRates ..................................................................................................................................... A.Date of Publication February 1,2013 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, andparking 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.MT120001 Modification No.5 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 MT120001 Modification No. 5. C.Definition of Public Works Contracts Montana Code Annotated(MCA),section 18-2-401(11)(a),defines "public works contract" as "a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000..." D.Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction,Heavy Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 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. _ 2 F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully 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 tinder 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 for 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 MCA states: "(1) To fulfill 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 find,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 find,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),MCA states, "...The fitll 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. I.Posting Notice of Prevailing Wages Section 18-2-406,MCA provides that contractors,subcontractors,and employers who are "performing work or providing construction services tinder 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." I Employment Preference Sections 18-2-403 and 18-2-409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. 3 MONTANA STATEWIDE PREVAILING DAVIS-BACON Effective: February 1 , 2013 HIGHWAY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide. 4 **ZONE PAY** CEMENTS MASONS, IRON WORKERS, LABORERS, POWER EQUIPMENT OPERATORS,TRUCK DRIVERS The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA ZONE 1: 0 to 30 miles- Free ZONE 2: 30 to 60 miles- Base Pay + $2.50 ZONE 3: Over 60 miles - Base Pay+$4.00 CARPENTERS: ZONE 1: 0 to 30 miles - Free ZONE 2: 30 to 50 miles - Base Pay+$3.00 ZONE 3: Over 50 miles- Base Pay + $4.80 Rates Fringes CARPENTER Carpenter, Piledriverman $22.71 $10.15 Millwright $24.78 $10.15 Rates Fringes CEMENT MASON/CONCRETE FINISHER $21.37 $9.80 Rates Fringe ELECTRICIAN Area 1 $18.74 $4.23 + 3.8% Area 2 $20.13 $6.06+ 3.8% Area 3 $19.98 $4.74+ 3.8% Area 4 $19.84 $4.81 + 3.8% Area 5 $20.54 $4.84 + 3.8% Area 6 $18.02 $4.74+ 3.8% Rates Fringes LINE CONSTRUCTION Equipment Operator $19.16 $6.35 Groundman $15.40 $6.35 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, Wibaux, and Yellowstone Counties AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan,Teton,Toole, Valley, and Wheatland Counties AREA 4: Broadwater, Lewis and Clark, and Meagher Counties AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties AREA 6: Gallatin, Park, and Sweet Grass Counties 5 IRONWORKER Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Counties Rates Fringes $25.50 $15.66 Remaining Counties Rates Fringes $23.15 $15.01 Rates Fringes LABORER Group 1 $17.18 $8.05 Group 2 $19.97 $8.05 Group 3 $20.17 $8.05 Group 4 $21.07 $8.05 LABORERS CLASSIFICATION GROUP 1: Flag person GROUP 2: All General Labor Work; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman;Tail Hoseman;Tool Checker and Houseman; Traffic Control Worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzlemen;Jackhammer (Pavement Breaker); Laser Equipment; Non-riding Rollers; Pipelayer; Posthole Digger (power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power;Tampers. GROUP 4: Ashpalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill;Track or Truck Mounted Wagon Drill;Welder including Air Arc. Rates Fringes PAINTER $24.00 $9.30 Pavement Marking/Milling and related work. Includes operating marking and all other equipment and all work involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies, paints, tape, buttons, thermo-plastics and any other products applied for traffic marking purposes and for directing and regulating traffic, and cutting Rumble Strips. Rates Fringes POWER EQUIPMENT OPERATOR Group 1 $21.52 $9.30 Group 2 $23.55 $9.30 Group 3 $24.41 $9.30 Group 4 $25.10 $9.30 Group 5 $26.44 $9.30 Group 6 $27.13 $9.30 Group 7 $29.23 $9.30 POWER EQUIPMENT OPERATORS CLASSIFICATIONS 6 GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine (small); Cement Silo, Crane; Crusher Conveyor, DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form-Grader; Front-End Loader under 1 cu yd; Oiler, Heavy Duty Drills; Pumpman; Oiler (All, except Cranes and Shovels). GROUP 2: Air Doctor; Backhoe/Excavator/S hove l up to & incl 3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, large; Broom, Self-Propelled; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine; Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber Tired, Push, and Side Boom; Drills, Heavy Duty (all types); Elevating Grader/Gradall; Field Equipment Serviceman; Front-End Loader 1 cu yd to and incl. 5 cu yd; Grade Setter; Hoist/Tugger(All Hydralift & Similar); Industrial Locomotive; Motor Patrol (Except Finish); Mountain Skidder;Oiler, Cranes &Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete/Grout Machine; Punch Truck; Rollers (All except Asphalt Finish and Breakdown), Ross Carrier; Rotomill under 6 ft;Trenching Machine;Washing/Screening Plant. GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine;Backhoe/Excavator/S hove l larger than 3 cu yd; Asphalt Screed; Concrete Batch Plant; Cableway Highline; Concrete Curing Machine; Cranes, 24 tons & under; Cranes, Creter; Cranes, Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; Mechanic/Welder; Pioneer Dozer; Rotomill 6 ft and over; Scraper, Single Engine; Scraper Twin or Pulling Belly Dump;Yo Yo Cat Front-End Loader over 5 cu yd. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. SPECIAL OPERATORS: GROUP 5: Cranes, 45 tons to and including 74 tons GROUP 6: Cranes, 75 tons to and including 149 tons GROUP 7: Cranes, 150 tons to and including 250 tons; Cranes over 250 tons: add $1.00 for every 100 tons over 250 tons; Crane, Stiff-Leg or Derrick; Crane, Tower(all); Crane, Whirley (all); Helicopter Hoist. TRUCK DRIVER Rates Fringes Group 1 $18.54 $9.16 Group 2 $23.69 $9.16 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; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom;Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic;Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor;Water Trucks. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. END OF GENERAL DECISION 7 SPECIAL PROVISIONS 1. GENERAL - The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the installation of inlaid hot extruded thermoplastic pavement markings. 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,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 consists of installation of inlaid hot extruded thermoplastic pavement markings on portions of Mendenhall St, Willson Ave, Bozeman Ave, and Babcock St. as shown on the plan sheets in Appendix B, following the anticipated re-paving of theses streets being done under a separate contract. All transverse markings including words and symbols shall be a minimum of 400 mils thick; all longitudinal lines shall be a minimum of 270 mils thick. 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. Only one contract will be awarded. 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins,the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules 1 SPECIAL PROVISIONS are awarded under a single contract,the contract times shall run concurrently,unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents,the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred,the Contractor shall be assessed a liquidated damage of$100.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer,trade name,or brand,such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery,mechanical and other equipment and materials which he contemplates using in execution of the work,together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a 2 SPECIAL PROVISIONS position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. WARRANTY If,within one year after acceptance of the work by the Owner,any of the work is found to be defective or not in accordance with the Contract Documents,and upon written notice from the Owner,the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE,the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order,timing,and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m.,Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s)have been awarded,but before the start of construction,a conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 3 SPECIAL PROVISIONS 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings,design mix information,material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, -- inadequate design performance requirements,schedule requirements,and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City,County,power and telephone companies,etc.as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY,ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function,design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge Construction of the State - Highway Commission of Montana latest Edition. 4 SPECIAL PROVISIONS 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 extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions,including but not Iimited 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 II requirements. 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State,and Federal laws and regulations pertaining to 5 SPECIAL PROVISIONS fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers,streams,impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish,Wildlife and Parks,Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up,restoration,etc.,of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. Inlet Protection: all storm drain inlets shall be protected with filter fabric or approved equal method to prevent debris from entering the storm drain system. 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 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 covered 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. 6 SPECIAL PROVISIONS 20. 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. 21. FINAL CLEANUP AND SITE RESTORATION Following completion of the work, all construction debris shall be removed from the work area. All disturbed landscaped areas shall be restored with topsoil and re-seeded. The cost for final cleanup and restoration shall be included in other bid items; no separate payment shall be made for this work. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverages required under this contract shall extend, at a minimum,to the end of the contract time. 24. SUPPLEMENTAL TECHNICAL SPECIFICATIONS City of Bozeman Modifications to Section 2582, Montana Public Works Standard Specifications: 1.1 DESCRIPTION D. Revise this section as follows: Furnish thermoplastic that is hydrocarbon based.Furnish thermoplastic material that, while on the roadway surface and at any natural ambient temperature, will exist in a hard solid state with cold ductility that permits normal movement with the road surface without chipping and or cracking. 3.4 APPLICATION A. 2. Extruded (Inlaid) Add thefollowing: d. Unless otherwise specified in the contract documents, all transverse - pavement markings and words and symbols shall be 400 mils thick, and all longitudinal lines shall be 270 mils thick. 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. Items 101, 102, 103, 104, and 105: Thermoplastic striping material. These items shall be measured and paid for as per MPWSS Section 02582, 4.1. -- Item 106: Construction Traffic Control This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. 1 MEASUREMENT AND PAYMENT APPENDIX A Standard Drawings l : I ............... 1' FROM EDGE OF GUTTER OR FACE OF VERTICAL CURB 8" White Standard 24" White Stop Line 8' - Standard SEE 1 22 NOTES: NOTE 2 i (1) THE LOCATION OF THE CROSSWALK LINES ARE DEPENDENT UPON LOCATION 3' . ♦ . M OF THE SIDEWALKS. (2) 4' MINIMUM FOR SINGLE LANE APPROACHES. FOR MULTI-LANE APPROACHES , SETBACK BASED ON ENGINEERING DESIGN. White (3) USE YIELD LINE FOR Yield Line UNCONTROLLED CROSSINGS, STOP LINES FOR CONTROLLED CROSSINGS. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 - 1 NONE FOR PEDESTRIAN CROSSINGS FEB. 1996 STANDARD DRAWING (TYPE "A" CROSSINGS) Revised April 2013 .. ..... ... .............. ..... .... . . . ... ....... ...... .... . . ...... ... I.... . .... ...... . ........... 1 ' 2' f 24" White Stop Line School Crossing > 8' Typical NOTES: (1) THE LOCATION OF THE CROSSWALK LINES ARE DEPENDENT UPON LOCATION OF THE SIDEWALKS. (2) USE YIELD LINE FOR UNCONTROLLED CROSSINGS, STOP LINE FOR CONTROLLED CROSSINGS (SEE STANDARD DRAWING 02581-1) CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 -2 NONE FOR SCHOOL CROSSINGS FEB. 1996 STANDARD DRAWING TYPE B CROSSINGS Revised April 2013 I 8'-4" - - - - 6,,4. 6.-0* _ . . .... ._ __ . 8'-4" 8._4 6.-4. NOTES: UNLESS OTHERWISE NOTED EACH SQUARE EOUALS 4 INCHES. ALL PAVEMENT MARKINGS ARE TO CONFORM TO THE REQUIREMENTS , OF THE "MANUAL ON UNffORM TRAFFIC CONTROL DEVICES" AND i 10.00' "STANDARD HIGHWAY SIGNS" PUBLICATIONS, FROM THE FEDERAL _ HIGHWAY ADMINISTRATION. j ALL WORDS ARE TO BE WHITE. USE THE SIZES OF WORDS SHOWN UNLESS SMALLER OR LARGER SIZES ARE NEEDED. THE SIZE OF WORDS MAY BE SCALED PROPORTIONATELY DOWN BY APPROXIMATELY ONE-THIRD FOR LOW-SPEED, URBAN CONDITIONS. THE MINIMUM HEIGHT OF ANY _ ... ..... -- WORD IS 6 FEET. LARGER SIZES MAY BE USED FOR ABOVE AVERAGE SPEEDS AND OTHER CRITICAL LOCATIONS. DO NOT EXCEED MORE THAN ONE LANE IN WIDTH FOR ANY 11.60' PAVEMENT MARKINGS, EXCEPT IN THE CASE OF THE WORD "SCHOOL". WHEN "SCHOOL' IS EXTENDED TO THE WIDTH OF TWO LANES, SCALE THE WORD UP PROPORTIONATELY NOTE EACH SQUARE EQUALS 0.40' TO FIT THE APPLICATION WIDTH. FOR MULTIPLE LINES OF INFORMATION. PLACE THE INFORMATION SO IT READS IN THE DIRECTION OF TRAVEL. DO NOT EXCEED THREE LINES OF INFORMATION AT ANY LOCATION. WHEN WORDS AND SYMBOLS ARE USED IN COMBINATION, SPACE THEM AT LEAST FOUR TIMES THE HEIGHT OF CHARACTERS FOR OU ANTITIE S LOW-SPEED ROADS. BUT NOT MORE THAN TEN TIMES THE HEIGHT OF THE CHARACTERS UNDER ANY CONDITION. AREA PAINT EPDXY ON NARROW, LOW-SPEED BICYCLE PATHS, SIZES OF LETTERS WORD (FT*) (GAL. ) (GAL. 1 MAY BE SMALLER THAN SUGGESTED, BUT TO THE RELATIVE DETAILED DRAWING SCALE. BRIGHT 22.77 0.21 0.28 REFERENCE DWG. NO. QUANTITIES ARE BASED ON THE SIZES OF PAVEMENT MARKINGS 21.89 0.20 0.2i STANDARD SPEC. 620- I O SHOWN AND ARE FOR ESTIMATING PURPOSES ONLY. 26.05 0.24 0.33 SECTION 620 23.94 0.22 0.30PAINT VOLUMES ASSUME A IS MIL THICKNESS. PAVEMENT MARKINGS EPDXY VOLUMES ASSUME A 20 MIL THICKNESS. 20.00 0.19 0.25 (WORDS) 23.98 0.22 0.30 48.14 0.45 0.60 EFFECTIVE:FEBdRU ARY 2005 MONR PATMENT O O i f/1IA'KIN O AR OW IB f1 LANF DROP ARROW IRIGH AITI F-R 01 TIN OW ARR DIRECTIONAL ARROW FOR BIKE LANE ,FOR LEFT LANE. USE MIRROR IMAGE AREA• 39.99 Fl• AREA•4.56 FT• AREA.•25,99 FT' AREA:39.63 fT• P+0.36 DAL• P:0.09 GAL. P 0.24 GAL. P:0.16 CAL. E:0.9E GAL. E•0.06 GAL. E.O'32 CAL' E+0.9B CAL. 11 SWARE-B'I II S 0..0 •9'I 11 SQUARE+0,3i'1 11 SQUARE•O-1 C� r T' I5.12' 1 - \ .0 ?.as' 10 l .71 I 20• f NOTE, REFER t0 STRAIGHT E TURN ARROWS y0' FOR MORE DETAA. = FREEWAY ANO RAMP ARROW STRAIGHT ARROW TT IR_OW 20' AREA+23.64 IT- AREA• 11.92 FT• AREA• 15.51 FT• ¢ P 0.22 CAL. P:0.I I CAL. P•0.IS CAL. /'d E+0.30 GAL. E•0.19 GAL. E 0.19 GAL. 11 SOUARE I I SOUARE•0.32'1 I I SOUARE 0.32'1 W 2'-s. B I6'-6' 5.IV - NOTES, e.00 ALL PAVEMENT MARKINGS ARE TO CONFORM TO THE IKOUIREMENIS OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES-ANO STANDARD FIC—AY SIGNS-PUBLICATIONS, FROM THE FEDERAL HIGHWAY AOMNISTRATION• 2 ' 9.60' - - - 5.99' ALL ARROWS ARE TO BE WHITE, / USE THE SIZES OF ARROWS SHORN UNLESS SMALLER OR LARGER SI 5 ARE NEEDED. THE SRC OF ARROWS MAY BE SCALE'PROPORTONATELY 00WN BY MAY BEUSEDOX I`FORI ON ABO EIE DAVERAGEWSPEEDS AND-PEEBDINERAN NCRIICAL LOCATIONS. DO NOT EXCEED MORE THAN ONE LANE N WIDTH FOR ANY PAVEMENT WRK MS 9e• EXCEPT IN THE CASE OF 1HE WORD-SCHOOL'. SCE OIL. OWE. N0. 620,10 FOR E AILED DRAWING MORE INFORMATION. REFERENCE DWG. N0. O 9 r WHEN WORDS AND SYMBOLS ARE USEO N CDMBNATION, SPACE THEM AT LEAST STANDARD SPEC. 620-TS _ FOUR TOES THE NE qHT OF CHARACTERS FOR LOW-SPEED ROADS. OUT NOT MORE SECT 620 FHAN TEN/IMES THE HEIGHT OF THE CHARACTERS UNDER ANY CONO1110% QUANTITIES ARE BASED ON THE SMES OF PAVEMENT WRANG5 SHOWN AND ARE PAVEMENT MARKINGS FOR ESTOMT,NG PURPOSES ONLY. (ARROWS) I.12'0.96• IPI-PANT VOLUMES ASSUME A 15 NIL THICKNESS. EFFECTIVE,FEBRUARY 2005 20 IEI EPDXY VOLUMES ASSUME A 2O ML THICKNESS. T^�-'t ypMT/NA OfPIRlYfN7 « NDTEI RIDI•OUTSIDE CURVE RADIUS. RI11• INSIDE CURVE RADUS. ��L�lkaa. 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