The URL can be used to link to this page

Home My WebLink AboutGolf Way Water Main, 2006 I I I CITY OF BOZEMAN, MONTANA I GOLF WAY WATER MAIN February 2006 I TABLE OF CONTENTS I CONTRACT DOCUMENTS Invitation to Bid I I nstruction to Bidders I Bid Form Bid Bond I Agreement Form I Payment and Performance Bonds Standard General Conditions of the Construction Contract (by reference) I Supplementary Conditions Montana Prevailing Wage Rates I CONSTRUCTION SPECIFICATIONS I Special Provisions Measurement and Payment I APPENDIX A I Standard Drawings APPENDIX B I Work Vicinity Map, Plan Sheets 1 of 2 and 2 of 2 I I I I I INVITATION TO BID I The City of Bozeman will receive sealed bids for its GOLF WAY WATER MAIN consisting of the installation of approximately 642 LF of 8// ductile iron water main along with I associated appurtenances along Golf Way, adjacent to the Sunset Hills Cemetery in the City of Bozeman. Sealed bids so entitled and addressed to the Clerk of Commission, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230 will be I received until 2:00 p.m., local time, March 14, 2006, and then publicly opened and read thereafter. Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained I upon payment of a non-refundable $15.00 for each set, at the City of Bozeman, Engineering Department, 20 East Olive Street, Bozeman Montana 59715. I 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 I 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. I All laborers and mechanics employed by contractors or sub-contractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the State of Montana. The contractor must ensure that employees and applicants for I employment are not discriminated against because of their race, color, religion, sex or national origin. I 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 II 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. ! I No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00 p.m. local time, March 14,2006. I The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed Sixty (60) days, and to accept the bid which is in the best interests of the Owner. I The City of Bozeman is an Equal Opportunity Employer. I I 1 INVITATION TO BID I I I I Dated at Bozeman, Montana, this 21st day of February, 2006. I Robin L. Sullivan I Clerk of Commission (Title) I I I Publication: February 26, 2006 March 5, 2006 I I I I I I I !I I I 2 INVITATION TO BID I I I I INSTRUCTIONS TO BIDDERS I 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 I 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 Clerk ofthe Commission, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the I words: GOLF WAY WATER MAIN, CITY OF BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or I 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. I 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 I 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. I 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 I name and residence of each member must be inserted. In case the Bid is submitted by, or on behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such ,I 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. I ONL Y ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. I 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 I signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence I 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. I 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 I 1 INSTRUCTIONS TO BIDDERS I I I I meet obligations incident to the work; and (d) has appropriate technical experience. I 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 I 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. I CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 5th Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of I these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS), dated March 2004, including Addendum No.1, which is also hereby incorporated as part of these contract documents, and I 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. I Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, I in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made I a part hereof, consist of the following: Invitation to Bid............................ Bound Herein I Instructions to Bidders..................Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein I Agreement Form.... ............ ....... ....Bound Herein Payment Bond............................ ..MPWSS/Bound Herein Performance Bond................ ........MPWSS/Bound Herein Standard General Conditions........MPWSS I Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................MPWSS :1 Notice To Proceed............. MPWSS Change Order........... ..... .....MPWSS Work Directive Change.......MPWSS I Application For Payment (Guidance Only)............... MPWSS Certificate of Substantial I Completion........................ M PWSS Wage Rates............................... ....Bound Herein Special Provisions.......................... Bound Herein I 2 INSTRUCTIONS TO BIDDERS I I I I Technical Specification...................MPWSS & COB MODS I Appendix A--Standard Drawings......... MPWSS/Bound Herein Appendix B--Maps and Plan Sheets...... Bound Herein I 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 I 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. I 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 I 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 I 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. I 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. I 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 I specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he I 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. I 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 I under the contract. No information derived from any inspection of records of investigation or compilation thereof I made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. I UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as I 3 INSTRUCTIONS TO BIDDERS I II I I I BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. March 14,2006. I Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed I envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. I B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. I 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 I discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. I E. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. I 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 I current Montana Contractor's License Number. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached I thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. I 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. I 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 I the corporation shall be manually written below the written or typewritten corporate name !I following the work: I I 5 INSTRUCTIONS TO BIDDERS I I I I noted on the drawings and that the approximate location mayor may not be given. The I 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 Ifany person contemplating submitting a I Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for I 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. I 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 I work within the stipulated time. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract I 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 I considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract I Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. I Proposals shall be in a sealed envelope and addressed to: II Clerk of Commission I City Hall 411 E. Main Street P.O. Box 1230 Bozeman, MT 59771-1230 ,I The envelope shall also contain the following information: I Name of Project: GOLF WAY WATER MAIN. City of Bozeman Name of Contractor: I Montana Certificate of Contractor Registration No. I Acknowledge Receipt of Addendum No.: , , In the lower left hand corner of the envelope print or type: I 4 INSTRUCTIONS TO BIDDERS il il I I I By: Corporate Seal I Title: I 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. I TELEGRAPHIC MODI FICA TION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or I subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. I 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 I 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. !I 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 I his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations I of the proposed work and by such other means as they may prefer as to the correctness of any quantities. I 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 I 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 I materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise I on account of any difference which may be found between quantities of work actually done and the estimated quantities. I 6 INSTRUCTIONS TO BIDDERS I I I I WITHDRAWAL OF BID No Bidder may withdraw his Bid after the date and hour set for the I opening declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time prior to the expiration of the period during which Bid may be submitted, which request must be signed in the same manner and by the same person or persons who I signed the Bid. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award I more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or I 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 I any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. I 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 I 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 I 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 I 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 I objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of I Award will be required in the performance of the work. AWARD OF CONTRACT The award of contract, if awarded, will be made within the period specified in the Invitation To Bid to the lowest responsible Bidder whose Bid complies with all I the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded the contract. I 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 I liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders, I 7 INSTRUCTIONS TO BIDDERS I II i I I will be returned immediately following the opening and checking of the Bids. The Bid I 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 I satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded I 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. I 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. I With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. I II EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successfu I 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 I 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. I 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 I 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 I decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form, I Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. I 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. Notice of Extended Payment Provision: This contract allows the owner to I make payment within 14 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. I 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. I 8 INSTRUCTIONS TO BIDDERS I I I I PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all I subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner I 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. I POSTI NG 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. I 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. I 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 I Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) I 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 I payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. I BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference of three percent (3%) will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder. This preference applied unless I 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 I 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. I I I I 9 INSTRUCTIONS TO BIDDERS I I I I BID FORM I GOLF WAY WATER MAIN CITY OF BOZEMAN BOZEMAN, MONT ANA 59771 I TO: Clerk of the Commission P.O. Box 1230 :1 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the I 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 I of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the I form attached, to perform all work for the construction of the GOLF WAY WATER MAIN, 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 I 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 I Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. I The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. I 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 I time as defined in the General Conditions. The allowed contract time is 30 calendar days. I 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. I 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 I should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. I 1 BID FORM I I I I I The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. I 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 I person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; I 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; I D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. I 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. I The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MeA, that he (they) is (are) duly and regularly licensed. I I I I I I I I 2 BID FORM I I I BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit I prices or lump sums: BID SCHEDULE I NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Fiaures) (Fiqures) I 101 6" 0.1. pipe L.F. $35. ()() 56 $ ,1960.00 102 8" 0.1. pipe L.F. $35.00 642 $2.2,4/70.00 I 103 6' I gate valve Each $/.05"0.00 2. $ 2.,1 00. (')0 I 104 8" gate valve Each $/ Z 10.00 1 $/12. I (), 00 . 105 8 ' , x 6" tee Each $ 52..5:00 2 $ I) DSC ,00 I 106 11 7( 0 bend (6" ) Each $ '3St'J .C;O 1 $ 350 .00 107 11 7( 0 bend (8" ) Each $ iftJO. 00 1 $ l-lDO , ()(J I 108 22 ~ 0 bend (8' , ) Each $ J//J () ,fJ () 1 $LJOo.oa I 109 6" x 8" increaser Each $2.50,00 1 $ 2S0 .00 110 Water service Each $ i20tJ. 00 1 $ /.2.06.00 j . I connection (1' , ) 111 Water service Each $J~D{JJJD 1 $',800,00 connection (1.5' , ) I I 112 Fire hydrant Each $2.800,00 1 $2.806.DO , I 113 Meter vault Lump sum $JQ/)()O.OO Lump sum $10. boo. 60 114 Seeding Lump sum $3i:?O.Oc? Lump sum $ $00',.00 I 115 Asphalt surface L,F. $ 2S, Ot') 140 $:i,soa. on restoration I TOTAL BASE BID $49) 990, OD ~vtit~n(he t-hot.lSclnd n ,'l1e -h u ",d1.d n /n+V ar\6 r\D//tUJ I (BASE BI TOTAL - WRITTEN WORDS) { I I 3 BID FORM I I I I The undersigned Bidder acknowledged receipt of the following Addenda, which have been I considered in preparation of this Bid: No. Dated I No. Dated No. Dated I No. Dated I Submitted this /'1 day of )~~ -I ,2006. SIGNATURE OF BIDDER:k orA I Montana Contractor Registration Number :3 $ 5 '/ .:3 I If an individual: I doing business as I If a Partnership: by I partner I I If a corporation:-E -r c; X' TNC . I (a) R by ~}(U (Sea I & I Title P ~ c.~.$ \ c1 \? h.. 'f ~ 1 6DI D(J~ Attest) I Business Address of Bidder: .:3 / (... 8/ FJ..bn+dye RcJ. I _136zemCJ.h) MT S971S- I 4 BID FORM II I I I If Bidder is a joint venture, other party must sign below: I Montana License Number and Class If an Individual: doing I business as I If a Partnership: I by Partner I BIG X INC' If a Corporation: I <a) ~ a h ~ Corporation I by .X' Title_Pt'-e.s'ld ertT _~( ~~ (Seal & Attest) I I I I I I I I 5 BID FORM I I I I THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 I Bid Bond I KNOW ALL MEN BY THESE PRESENTS, that we Big X, Inc. I 31681 East Frontage Road, Bozeman, MT 59715 as Principal, hereinafter called the Principal, and Western Surety Company I P.O. Box 5077, Sioux Falls, SO 57117-5077 a corporation duly organized under the laws of the State of SO I as Surety, hereinafter called the Surety, are held and firmly bound unto City of Bozeman 411 East Main, Bozeman, MT 59715 I as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our I heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Golf Way Water Main I NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract I with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the I Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. I Signed and sealed this 9th day of March. 2006 I { Biq X. Inc. ,<_ X .. - . . (Prine' I) (8. eal) , h_ L ;fV J " _ . _ :> . I ~",ess& _})MX ;{o/~l-e&_.dey,t- ( lie) : I Western Surety Company I{ . .-c..\ (I....... .... . / ~ . . \. -..., (Surety) (Setll) l' j l 1 ( Lv . ..' "",,-, \ . 1.1' f), ;\' /' .... /' l I ".)(WitnesS) Kdle Hager -:2/"~);t)PI144#~. .-- '. ..! I (Title) Jonathan M. Emmons , Attorney-in-Fact -- I CONFORMS WITH AlA DOCUMENT A310. BID BOND · AlA' · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.w., WASHINGTON, D.C. 20006 1 I I Western Surety Company I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation I having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint I Patrick S Me Cutcheon, Sharon M Pfeiffer, Fred H Wardinsky, Jonathan M Emmons, Sarah W Kelly, Ted Fedyk, Individually I of Helena, MT, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, I undertakings and other obligatory instruments of similar natUre - In Unlimited Amounts * I and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. I This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. I In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of September, 2005. I WESTERN SURETY COMPANY -I2/~/I' I Paul . Bruflat, Semor V Ice PreSident State of South Dakota } ss I County of Minnehaha On this 9th day of September, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and I which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. I +~~~~~~~~~~~~~~~~~~~~~~~+ My commission expires r r : D. KRELL : ALd ~~bh' II November 30, 2006 :~NOTARY PUBLIC~: r SOUTH DAKOTA r ~ r t...,"'".....~"'''''''......4IIt......~.............. + I CERTIFICATE !, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed I my name and affixed the seal of the said corporation this ((r"" day of 1\ \ Gt. L c~h , '41'vV WESTERN SURETY COMPANY I g ~{ ~ls~SeCremG' I Form F4280-01-02 I - I Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY I This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. I Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the I corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. I The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. I I I I I I I I I I I I I I . . PENAL SUM FORM I I Bidder and Surety, jointly and severally, bind 7. Any suit or action under this Bond shall be commenced . themselves, their heirs, executors, administrators, only in a court of competent jurisdiction located in the state . I successors and assigns to pay to Owner upon default of in which the Project is located. Bidder the penal sum set forth on the face of this Bond. . Payment of the penal sum is the extent of Surety's liability. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on . I 2. Default of Bidder shall occur upon the failure of Bidder the face of this Bond. Such notices may be sent by personal to deliver within the time required by the Bidding delivery, commercial couner, or by United States . Documents (or any extension thereof agreed to in writing by Registered or Certified Mail, return receipt requested, . I Owner) the executed Agreement required by the Bidding postage pre-paid, and shall be deemed to be effective upon Documents and any performance and payment bonds receipt by the party concerned. required by the Bidding Documents. . 9. Surety shall cause to be attached to this Bond a current I 3. This obligation shall be null and void if: and effective Power of Attorney evidencll1g the authority of . 3.1 Owner accepts Bidder's Bid and Bidder delivers the oflicer, agent, or representative who executed this Bond . wi thin the time required by the Bidding on behalf of Surety to execute, seal, and deliver such Bond I Documents (or any extension thereof agreed to III and bind the Surety thereby. . writing by Owner) the executed Agreement required by the Bidding Documents and any 10. This Bond is intended to conform to all applicable . perfonnance and payment bonds required by the statutory requirements. Any applicable requirement of any I Bidding Documents, or applicable statute that has been omitted from this Bond shall . 3.2. All Bids are rejected by Owner, or be deemed to be included herein as if set forth at length. If 33. Owner fails to issue a Notice of Award to Bidder any provision of this Bond conflicts with any applicable . within the time specified in the Bidding statute, then the provision of said statute shall govern and I Documents (or any extension thereof agreed to in the remainder of this Bond that is not in conflict therewith . writing by Bidder and, if applicable, consented to shall continue in full force and effect. by Surety when required by Paragraph 5 hereof). . I 11. The term "Bid" as used herein includes a Bid, offer, or 4. Payment under this Bond will be due and payable upon proposal as applicable. . default by Bidder and within 30 calendar days after receipt I 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. I 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 . I 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. I 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 . I in no case later than one year after Bid due date. . I . . I . . I . . I . E.ICJ>C NO. C-430 (2002 Edition) 00430-2 .. I I NOTICE OF AWARD I Dated: March 27, 2006 TO: Bia X.lnc. I ADDRESS: 31681 East Frontaae Road, Bozeman, MT 59715 PROJECT: Golf Way Water Main CONTRACT FOR: Installation of water main and associated appurtenances I You are notified that your Bid dated March 14. 2006, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for installation of I water main and associated appurtenances alona Golf Way. The Contract Price of your Contract is: forty nine thousand nine hundred ninety and 00/100 Dollars ($ 49.990.00). I Four copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date I of this Notice of Award, that is, by April 11, 2006 . 1. You must deliver to the OWNER A- fully executed counterparts of the Agreement including I all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 8), General Conditions (paragraph 5.01) and Supplementary I Conditions (paragraph SC-5.02). 3. List other conditions precedent: I You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03). I Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security I forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one I fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: I BY: C~A.~ 8Yr?~ 2' ~ (CITY MANAGER) ITY CLERK) I DATE: March 27, 2006 I I I I I AGREEMENT FORM I ,l~ fi1 THIS AGREEMENT is dated as of the J.o day of fAre ~ in the year 2006 ,by and between CITY OF BOZEMAN, hereinafter called OWNER, and I Biq X, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: <, I Article 1. WORK. I CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Installation of I approximately 642 L.F. of 8" ductile iron water main and associated appurtenances alonq Golf Way in the City of Bozeman. I The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Golf Way Water Main. City of Bozeman. I Article 2. CONTRACT TIME. 2.1 The Work will be completed within~ days after the date when the contract time I 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. I 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions I 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 I 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 five hundred dollars ($ 500.00) for each day that I expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. I 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 I Documents) of forty nine thousand nine hundred ninety and 00/100 Dollars ($ 49.990.00 ). I I II I I Article 4. PAYMENT PROCEDURES. I CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. I 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 I 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. I 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. I 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 I as recommended by ENGINEER. Article 5. INTEREST. I 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. I Article 6. CONTRACTOR'S REPRESENTATIONS. I In orderto induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract I 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, I 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, I 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. I I I I I I I 6.3 CONTRACTOR has made or caused to be made examinations, investigations and I 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 I of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. I 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. I 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 I resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. I 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: I 7.1 This Agreement. I 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. I 7.4 Invitation to Bid. I 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. I 7.7 General Conditions (by reference). I 7.8 Supplementary Conditions. 7.9 Wage Rates. I 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, dated 2003, with addenda, and I City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004, including Addendum NO.1. I 7.12 Appendix A and Appendix B. I I .-.. ".-"..-..- " I I 6.3 CONTRACTOR has made or caused to be made examinations, investigations and I 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 I 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, I investigations, tests, reports and data with the terms and conditions of the Contract Documents. I 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. I Article 7. CONTRACT DOCUMENTS. I 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: I 7.1 This Agreement. I 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. I 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. I 7.6 Certificate(s) of Insurance. I 7.7 General Conditions. 7.8 Supplementary Conditions. I 7.9 Wage Rates. I 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, dated 2003, with addenda, and I City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004. I 7.12 Appendix A and Appendix B. I I I I 7.13 Addenda listed on the Bid forms. I 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. I 7.16 Notice of Award. I 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of I Agreement. 7.19 Any Notice of Partial Utilization. I 7.20 Notice of Substantial Completion. I 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The I Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). I Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall I 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 I 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 I reserves the rightto 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. I 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 I notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. I 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. I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and I year first above written. I (CONTRACTOR) I BY~G k rNC (SEAL &) (A TTEST) Title f?<K . . "'" Pfes. I I (JOINT VENTURE) I By (SEAL &) I (A TTEST) Title I City of Bozeman (OWN~ I ~ - By . (CITY MANAGER) (SEAL &) I (ATTESTLL- [2. /?7 A I . APPROVED AS TO FORM: I ~ I ..df~--=~ .. v (CJT~ORNEY) .-. I c:lwpdocslformslagreefrm,mrg I I I I _n '''._., _... .__.._..._..._.._.. .,_.. I PERFORMANCE BOND I Any singular reference to Contractor, Surety, Owner, or other party sball be considered plural where applicable. I q:>NTRACfOR (Name and Address): SURETY (Name and Address of Principal Place of Business): Big X, Inc. 31681 Frontage Road Western Surety Company Bozeman MT 59715 OWNER (Name and Address): P:O. Box 5077 I City of Bozeman SIOUX Falls, SD 57117-5077 411 East Main Bozeman, MT 59715 I CONTRACT t L.. Date: J... 0 ;Yl GV'C h J ). 0 0 b Amount: ($49,990.00) Forty Nine Thousand Nine Hundred Ninety Dollars and 00/100 Description (Name and Location): I Golf Way Water Main BOND I Bond Number: 929389513 Date (Not earlier than Contract Date): Amount: ($49,990.00 ) Forty Nine Thousand Nine Hundred Ninety Dollars and 00/100 , I Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the tenns printed on the reverse side hereof, do each cause this I Performance Bond to be duly executed on its behalfby its authorized officer, agem, or representative. CO~~~ASPRINClPAL i SURllTY Big X, Inc. I Sigoature: ~7L (Seal) _ (Seal) Name and Title: Dave Hough eSldent I ~rn~~~d I (Space is provided below (or signatures of additional parties, if required.) . \L ~ tJ . .. PI Attest. '. l rlt i Signature and Tit! / I Kyle Hager J Witness CONTRACTOR AS PRINCIPAL SURETY Company: I Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I ~ Signature and Title (Attach Power of Attorney) I Attest: Signature and Title: I EJCDC No. C-610 (2002 EdltloD) Orlpaally P......red tbroup tile jolat efforts or the Suret;)> ANoclatloll of A-'ca, Eap....n Joint Co_tract Docu_ts Committee, tbe AaodllWd Gene...1 eontractort of Amerta, aDd tbe AmerlcaD IDlt:ltRfe of Architects. I I 00610..1 I I. COIItl'actor and Surety, jQintly and sevcrally, bind themselves, their heinl, 6. After Owne.- 1w tenninated Conll1lctor'a right to eomplete the Conlmct. and if executors, administrarors, sUC:CCSSOI1, and _iam to Owner for the perfonnwe of the Surety elllCtll to ac:t under PlIt8grapb 4.1, 4.2, or 4.3 above, theoJ the responsibilities of Contract, whidl is inootponted herein by reference. Surely to Owner ....11 not be 8feaIeI' lhan thew: of ConlnldQf under the Contnla, and the responaibilitics of OWner 10 Surety shall not be greater than those uf Owner WIder I 2. If Contnctor performs the Centrad, SIIfety III'ICI Contractof have no Qbligatioo the ContnM;t. To a limit of the amlRlllt of this Bond, but IlUbject to CQrnmitment by under this Bond, except to participate in eonferences Q provided in Paragraph 3.1. Owner of the Balance of the Cootract Price to mitiption of costs and damages on the Contract, Swdy is oblipted without duplication tOr: 3. If there is no Owner Default, Surety'J obliprion under this Bobd shall arise after; 6.1. The l'eSpODIibilitiCll of Omttaetor for cortecliOll of defective Work and I 3.1. Owner Iw notified Contractor and Slimy, llt the addresaeA m:.cribed in completion of the ContnIct, Para;raph 10 below, lhat Owner is conaiderlna cb;laring a Cootnwtor Default and has requeated lIIId llltempted to IIn'8IIF a ronfercuce with 6.2. Additional legal, dctian prvfcssiOllllI, and delay COSlll resulting from Contractor and Surety to be held not liter than 15 days after 1'CC4ipt of Contractor's Default. anc1 resuJting from the actions or failure to act of I sueh notice 10 diKuss methoM <If performina the Contract. If Owner, Surety IIIIder Parqnph 4; Ilnd Contractor and Surety .... Contnwtor lball be allowed . n:aaonable time to perform the Contnwl, but such an qreemc:nt lIhall not waive 6.3. Liquidated damap., or if no liquidated. damagea arc specified in the Owner's right, if any, subsequently todecllll'C a Cmrtnactor Deflmll; and CoullKt, anuat daJnaaes caused by delayed periOrmance or non- pcrfunnance of Contractor. I 3.2. Ownm 1w dee1and a Conlraclor Default lUId fonnaIly tenninated Conlral.:tOl"s riaJtt to complete the CmiIrBl:t. Such Conlrac:tor Default ,ball 7. Sumy shall not be liable to Owner or othetJ fur oblipUOlIS of Contnctor d1llt are not be declared earlier than 20 daY' after COIItlaclor and Surely have unrelllted to the Contract, and the Balance of the COI'Itract Price ahaIl not be IWuced or received IlCllice as provided. in Parapph 3.1; and let otT on IIl:rounl of any IlUeh Wll'Clated obligatiOllS. No right of IWtion shall acaue on I 1his Bond to any person Qr entity otl= than Owner or its heil1, executors, 3.3. Owner has RgI=d Ig pay the Balance of the Contract: Price Ig, Ildminlstrators, or luc:ceuors, I. SuM}' in occonlance willi the termJ of the ContmI:t; 8. Surety hereby waives notice of any change, including chanaes of time, to Conttact or to related subc:onuac:tI, \lUR'hase orders, and other obliptions. I 2. Another c:anIraclor le1eeled pursuant to Paragraph 4.3 to perform the Contmct. 9. Any proceeding, 1epI or equitable,WIder this Bond may be instituted in any court of eompetent jurisdiction in the location in whidl the WQr!c or pm of the WDJt is 4. When Owner hall satisfied the conditions of Pangraph 3, Surety .han promptly and located ~ shall be institutecl within two )arB after ContnIctor Default or willlin two at Sw-cty's expense take one of the following ac:tiOlls; ~ after Contmctor ceased workina or within two yars after Surety refuses or faill I to pertbnn ill obliptions under chis Band, whichever oecurs firsL [f the provisions of 4.1. Amnge for (;Ql1Irac1or, with COllSCllt of Owner, to perform and complek: this pm,srapb are void or prohibitrd by law, the minimum period of limilacion the Contract; or available to SW'Cties aa a defense in the jurisdic.lillll of the suit shall be: applicable. I 4.2. Undertake to perform and complete the ContraCt ilBelf, through ib qenl3 10. Notice to Surety, Owner, or Contl'ICtor shall be mailed or delivered to the address (If through independent c:ontrI/;lton: or shown on the .ipature pap. 4.3. Obtain bids or negoriaud prt.lpOIlIb from qllllifled contrBctm1l1CCeptable II. When lhiI Bond ha been IUmiJhod to C<lMply with a slatutory requirement in the to Owner for a col1Irac1 for perfonnJnce IJId completion of !he C'.omtnK:t. !ocqtion when: the Contnd was to be performed, any provision in this Bond I 8lTIlI1O for a contract to be prepIInld for execution by Owner and conftictinll with laid statutory requirement Ihall be deemed deleted hen:fivm and ContnlctIlr selec:ted willi Ownr:r'. eoncum:nce, to be secured with proviaiOllS Cllllfunnina to IUCh statutory requirement shall be cIeemed in(otpOl'8ted performance and payment bonds ex.ecuted by a qualified surety equivalent _in. The intent il tI1at this Bond shall be construed Q a lWUlOry bond IIIId not aa a to the bonds iuued on the ContrKt, and pay to Owner the amount of CllDllllQn Ia.... bond. damaps as described in Pangrapb 6 in excaa of the Ba1ance of the I ContrKt Ptic:c incurred by Owner R$ullina from Conuactor Defiwll; 01' 12. OefinitionJ, 4.4. Waive illl riahl to perform and complete, arran", fur completion, 01' obtain 12.1 Babnce of the Contract Price: The total amount payable by Owner to a new conh'Utor and with reasonable promptness under the cin:wnslana:s; Contractor wtder the Contrw.:t after all proper adjustmcnlll have been I made, including allowance to Contractor of my amounts received or to be I. After investiption, detcnnlne the amount fur whim it may be liable to received by Owner in settlement of insunmce 01' other Claims for darnap Owner and, as .oon as practicable aflllr the amount is determinlld, to which Contractor is entitled, ~ by all valid and proper paymenlll teI\der pa)'11lCl1t therefor to Owner, or made to or on behalf of Contrac:tor under the Conlnlct. I 2. Deny liability in whole Of" in part and noliI;' Owner citing reasons 12.2. Contnc:l; Thl'l agreomllDt between Owner and ~ identified on the thcn:fur. siJlWw'e page, including aU ContnIcl Documents III'ICI chanp thereto. S. If Sumy does not proceed as provided in Paragraph 4 willi reasonable promplnCU, 12.3. Contrac:tor Defilult; Failure of Contnw.:tor, which has neither been Surety shall be deemed to be in Liefiwlt on this Bond 15 days after receipt of an remedied nor waived, to pcrfonn or oIhc:rwiliC to comply with the terms of I additional writtm notice from Owner to Surety demanding that Sumy perform its the Contract. oblipli_ IIIICkr this Bond, and Owner shall be entitled to c:nfon:e any remedy available to Owner. If Surety proceeds u provided in Pnsrapb 4.4, and Owner 12.4. Owner DeIiuJIt: FaillU'C of Owner, which has neithet- been remedied nor relbsel the payment tendered or SIUCty has denied Iilbility, in wIlole or in waived, to ptly Contractor lllI rcquimi by the COIllfact or to perform and I part, willlout f\JrdIer notice Owner man be entitled to enforce any remedy available to complete or comply with the ocher tmns lher-cof. Owner. FOR INFORMA nON ONLY - Name. Address and Telephone 406=457=2124 I Surety Agency or Broker Payne Financial Group, Inc. 1200 N. Montana Avenue, Helena, MT 59604 Owner's Respresentative (engineer or other party) , , I I I 00616-1 I PAYMENT BOND I Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. I CONTRACTOR (Name and Address): SURElY (Name and Address of Principal Place of Business): Big X, Inc. 31681 Frontige Road Western Surety Company Bozeman, M 59715 P.O. Box 5077 I OWNER (Name and Address): Sioux Falls, SD 57117-5077 City of Bozeman 411 East Main Bozeman, MT 59715 CONTRACT I Date: ;'0 j.,,\ <>f ~'" I ;Loo b Amount: ($49,990.00 ) Forty Nine Thousand Nine Hundred Ninety Dollars and 00/100 DesoriJJtion (Name and Location): Golf ay Water Main I BOND BondNumbcr: 929389513 - I Date (Not earlier than Contract Date): Amount~ ($49,990,00 ) Forty Nine Thousand Nine Hundred Ninety Dollars and 00/100 Modifications to this Bond Form: I None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof. do each cause this Payment Bond to be duly executed on its bebalfby its authorized officer, agent, or representative. I CONTRACI'OR AS PRINCIPAL SURETY Co_, ~ ~ I (Seal) Western Surety Company (Seal) B.ig X, Inc. , ~ Stgnature: . Name and Title: Surety's ~~me and corporseal Dave Hough President By: (' ~7 7"L ~~ > ./ I SignaturOTand Title Jonathan M. Emmons Attorney-in-Fact (Attach Power of Attorney) I (Space is provided below for signatures of additional parties, ifrequired.) Abest \Lf-~ Signature and Titl' I Kyle Hager Witness CONTRACfOR AS PRINCIPAL SURETY Company: I Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) I Attest: Signature and Title: I EJCDC No. C..{t5 (lO&Z Edition) )rlslnaUy prepared through the jollst efforU of tht Surety Amdatioll or America, Englneel'$ Joint eo..t....et DotllmtDtt ComlPlttee, the Mmellted GenenJ Coutnetofl or America, the Americau Institute of Arehlteett. the Amerlcall Subtolltr.don A_e1.tIon, and the Auod.ted Sptdalty Coatrlcton. I I 0061~1 I I. Conln.ctor and Surety, jointly and severally, bind themselves, their heirs, g. Amounts owed by Owner to Contractor under the Contract IIhall be W1ed for executors, adminill!nl.torll, Succe8llOtll, and UlJigns to Owner to pay for labor, the perform&U\ce of the: Contract lIlId to satisfy clahm, if any, under any I materials, and equipment furnished by Clalmanl5 for use in the performance of performance bond. By ConlrllCtor furnishing and Owner accepting this Bond, the Contract, which is incorporated herein by reference. they agree that all funds earned by ContractQr in the performance of the Contract llR: dedicated to satisfy obligations of Contnlctol' and Surety under this Bond, 2, With respect to Owner, thill obligation shall be null and void if Contractor: subject to Owner's priority to use the funds for the completion of !he Work. 2.1. Prompdy makes payment, directly or indirectly, for all suma due I Claimants, and 9. Surety shall not be liable to Owner, ClaimanlJ, or ochers for obligatiOflll of Contm:tor that Ire unrelated to the Contract. Owner shall not be liable for 2.2. Defends, indemnifies, and holds harmless Owner from all claims, payment of any costs or expenses of any Claimant under tlris Bond, lllId shall demands, liens, or suit! alleging non-payment by Contractor by any have under this Bond no obligations to make payments to, give noticcs OIl behalf I person or mlity who furnished labor, materials, or equipment for use in of, or otherwise have obligations to Claimants under this Bmd. the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paraptlph 12) of 10. Surety hereby waives notice of any change, including changes of time, to the any clailllS, demandB, li1m5, or suilll and tendered defense of such Contract or to related Subcontracts, purchase onkn and other obligations. I claims, dcmanda,liens, or suits to Con1r1lctor and Su~ty, and provided there is nQ Owner DcfIlUIt. II. No suit or action shall be commenced by a Claimant unda this Bond other than in a court of competent jurisdiction in the location in which the Work or 3. With respect to Claimants, this obligation shall be null and void if ConlrllctI)r part of the Wark is located or after the expiration of one )'CllI" from the date (I) I promptly makes payment, directly or indirectly, for all SUlllS due. on which the Claimant gave the notice required by Paragraph 4.1 or Pangraph 4,2.3, or (2) on which the last labor or service was pcrfCll"nBl by anyone or the 4. Surety shall have no obligation to Claimants under this Bond until: last materials or equipment were furnished by anyone under the Construction Conlnlct, whichever of (I) or (2) first occurs. If the provisions of this paragraph 4.1. Claimants who are employed by or have a direct contract with .re void or prohibited by law, the minimum period of limitation available to I Conlrllctor have given notice to Surety (at tbe addre&ses descnbed in sureties as a ddmse in ilie jurisdiction of the suit shall be: applic.ble. Paragraph 12) and IIeOt a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, 12. Notice to Surety, Owner, or Contractor shall be \1llIi1cd or delivered to the the amount of the claim. addresses shown OIl the signature pase. Actual receipt of notice by Surety, I Owner, or Contractor, however accompliahcd, shall be sufficient complillllce as 4.2. Clairmnl5 who do not have a direct contraet with Conrractor: of the date received at the address shown on the siJllllture page. 1. Have filmisbed written notice to Contractor and sent a copy, or 13. Whc:n thil Bond has been furnished to .COt\1lIy with a statutory Tequimnent I notice thereof, to Owner, within 90 days after havinJlast perfonned in the location where the Contract WlLI to be pcrfonned, any provision in this labor or last furnished materials or equipment included in the claim Bond conflicting with Baid statutory requirement shllll be deemed deleted stating. with wbstantial aocul1lC)', the amount of the claim and the herefi-om and provisions confonning to luch statutory requirement shall be name of the party to whom the material. or CQuipment were dccmcd incorporated herein. The intent i. that this Bood shllll be construed lIS a furnished or supplied. or for whom the labor was done or statutory Bond and not as a common law bond. I perfonned; and 14. Upon reqUClIt of any penon or entity appearing to be a potential bcneficilU)' 2. Have either received a rejection in whole or in part from Contractor, of this Bond, Contractor shall promptly furnish a copy of this Bond or lIhall or not received within 30 days of fumishina the above notice any permit a copy to be made. I COJTm1lll'lication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and I S. DEFINITIONS 3. Not having been paid within the above 30 days, have sent I written IS. t. Claimant An individual or entity having a direct contract with notice to Surety and lIent a copy, or notice thereof, to Owner, Ilatina Cootractor, or with a tlrst--lier subcontractor of Contnctor, to furnish I that I claim is being made under this Bond and enclosing I copy of labor, naterials, or equipment for use in the performance of the the previous written notice furnished to Contractor. Contract The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment~ that part of water, gas, S. If a notice by a Claimant required by PaBgnlph 4 is provided by Owner to power, light, heat, oil, p5Oline. telephone service, or rental equipment I Contractor or to Surety. that is sufficient compliance. used in the Contract. arohitectural and cngineerins services required fOf performance of the Work of ContractOl' and Contractor's 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall Subcontractors. and all other iteml for which a mechanic's lien may be promptly and at Surety's expense take the following actions: lllserted in the juriadiction where the labor, materials, or equipment were furnished. I 6.1. Send an IIISwcr w that Claimant, with a copy to 0_, within 45 days after m:cipt of the claim, stating the amoonts that lU'e Wldisputed and 15.2. Contract: The agreement betweet'I Owner and Contractor identified OIl the basis for challenging any amounts that Ire disputed. the signature page, including all Con1r1lct Documents and changes thereto. I 6.2. Payor arrange for payment of any undiaputcd amounts. 15.3. Owner DefIlUIt: Failure of Owner, which has neither been remedied 1IOT 7. Surety's total obligation shall not excoed the amount of this Bond, and the waived, to pay Contractor III ~uired by the Contract or to perfOrm and amount of this BOIId sball be credited for any payments made in JOOd failb by complete or comply with the other terms thereof. I Surety. FOR INFORMATION ONLY - Name, Address and Telephone 1200 N. Montana Avenue, Helena, MT 59604 I surety ApncyorBroker: Payne Financial Group, Inc. Owner'. Represeobtive (eq....ft.f "T ..ther party): , , I I 00615-1 I Western Surety Company I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation I having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint I Patrick S Mc Cutcheon, Sharon M Pfeiffer, Fred H Wardinsky, Jonathan M Emmons, Sarah W Kelly, Ted Fedyk, Individually I of Helena, MT, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, I undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- I and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confinned. I This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. I In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of September, 2005. I WESTERN SURETY COMPANY -;:?~TlZ.# I Paul . Bruflat, Senior Vice President State of South Dakota } ss County of Minnehaha I On this 9th day of September, 2005, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and I which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. I My commission expires +~~~~~~~~~~~~~~~~~~~~~~~+ , , , D. KRELL , ~~bli' ' , ~ I November 30, 2006 :~NOTARY PUBLIC~: I SOUTH DAKOTA , , , +~~~~~~~~~~~~~~-~~,-~~~~+ CERTIFICATE I J, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed I my name and affixed the seal of the said corporation this 6 day of t~l":\ \ , ,11~;1t: WESTERN SURETY COMPANY I cr ~~ L. Nelson, ASSistant Secretary I Fonn F4280-01~02 I I I I I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I I (See Montana Public Works Standard Specifications 5th Edition) I I I I I I I I I I I I I I SECTION 00810 I SUPPLEMENT ARY CONDITIONS TO THE GENERAL CONDITIONS I These Supplementary Conditions to the General Conditions amend or supplement the Standard I General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. I SC - 2.01 DELIVERY OF BONDS I Add the following to Paragraph: 2.01.A I I Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed ~ copies of the required Bonds and Power of Attorney and Certificate of Insurance and I 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 t or conformed copy to the Engineer and shall retain three copies. SC - 2.03 NOTICE TO PROCEED t Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: I Following the execution of the Agreement by the Owner and the Contractor, written I Notice to Proceed with the Work shall be given by the Owner to the Contractor. The I Contract Time will commence to run on the day indicated in the Notice to Proceed. . I SC - 2.05 BEFORE STARTING CONSTRllCTION I Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: C 2.0S.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 r confirm the hourly rates per Paragraph 11.01.A.5.c of the Gencral Conditions and these Supplemcntary Conditions including: make, model, and year of manufacture as well as . the horse power, capacity or weight, and accessories. It . Section OOS 10 . SUPPLEMENTARY CONDITIONS TO THE GENERAL CO},1])ITIONS Page 1 of 12 I - .- I .- SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES .- I Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the .- following in its place: I .- I Prior to the first application for payment all schedules and documents identified in .- paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No .- I progress payn1ent 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 .- I the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. .- I Add the following after Paragraph 2.07 .A.3: .- . Contractor's Schedule of Equipment will be acceptable to Engineer as to fonn and I substance if it provides the necessary information to reference the equipment and .- establish the hourly rates in accordance with paragraph ll.01.A.5.c. .. I SC - 4.01 A V AILABILITY OF LANDS . . I Add to Paragraph 4.01.C of the General Conditions the following: . If it is necessary or desirable that the Contractor use land outside of the Owner's . I 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 . I any other purpose with men, tools, egu'ipment, 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. . I . SC - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS I . Delete the first sentence of 4.02.A and replace with the following: . I A Reports and Drawings: The Special Provisions identify: . I . '. . I . . I . Section 00810 . I SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page:2 of 12 . . I I SC - 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS t Add the following to the end of Paragraphs 4.03.A. . I 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 I stated above, No claim for an adjustment in the contract price or contract times (or Milestones) will be I valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. C SC - 4.04 - UNDERGROUND FACILITIES I 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, It 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 conlpleteness C of such information or data. C SC - 4.06 - HAZARDOUS ENVIORNMENT AL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: ~ A. Reports and Drawings: Reference is made to the Special Provisions for the identification.... . l- II SC- 5.02 LICENSED SURETIES AND INSURERS . Add the following to the end of Paragraph 5.02.A I: 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) C 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 C property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such Section 00810 . SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 3 of 12 - I . . I . insurance has been obtained and certificates of insurance, with binders, or certified . I copies of the insurance policy shall have been filed with the Owner and the Engineer. . All insurance coverages shall remain in effect throughout the life of the Agreement, . I 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 . I occurrences during the agreement period. . I SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE . .. Add the following new paragraphs immediately after Paragraph 5.04.B: - I 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 I where required by Law or Regulations: . . 1. Workers' Compensation, etc, under Paragraphs 5.04.1 and 5.04.2 of the General I Conditions. . a. State Statutory - I b. Applicable Federal (e.g. Longshoremans) Statutory . c. Employer's Liability $ 500,000.00 . I 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A6 of .. the General Conditions which shall also include completed operations and product liability coverage. .- I a. GENERAL AGGREGATE $ 3.000.000.00 .. I b. Products-Completed .. Operations Aggregate $ 3.000.000.00 .. I c. Personal and Advertising . d. Each Occurrence .. I (Bodily Injury and . Property Damage) $ 1.000.000.00 . I e. Coverage will include: . I 1. Premises - Operations . 2. Operations of Independent Contractor . 3. Contractual Liability I 4. Personal Injury . Section 00810 . SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS I Page 4 of 12 . - - _n__. .......,.--., " _ - C E 5 Products and Completed Operations , 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. . 7. Per Project Aggregate Endorsement It 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: . a. Bodily Iniury: Each Person $ 500,000.00 C Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 C (or) t b. Combined Single Limit $ 1,000,000.00 Coverage to Include l- I. All Owned . 2. Hired . 3. Non-Owned C 4. Contractor's Liability Insurance under 5.04.AJ 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. C Deductible not to exceed $5,000.00 per occurrence on property damage_ S. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions IC 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 a- General Conditions shall provide coverage for not less than the followi?g .' amounts: .. Each Occurrence $ 1.000.000.00 Aggregate $ 3.000.000.00 C -= Section 00810 P SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 5 of 12 - I I SC. 5.04.B.5 CANCELATION NOTICE I Amend paragraph 5,04.B.5 of the General Conditions by striking out the words "30 I days" and replacing them with the words "45 days" and as so amended paragraph 5,04.B.5 remains in effect. I SC - 5.06 PROPERTY INSURANCE I Delete Article 5,06,A of the General Conditions in its entirety and insert the following in its place: I A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by I Laws and Regulations), This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- I 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 I as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special I 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 I 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 .. I 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, .. I 3, include expenses incurred in the repair or replacement of any insured .. property (including but not limited to the fees and charges of .. I engineers and architects); .. 4, cover materials and equipment in transit for incorporation in' the I Work or stored at the site or at another location prior to being .. incorporated m the Work, provided that such materials. and - equipment have been included in an Application for Payment I recommended by Engineer; and . 5, be endorsed to allow occupancy and partial utilization of the Work . I by Owner; . Section 00810 . I SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 6 of 12 . - I I SC- 6.13 SAFETY AND PROTECTION I Add new paragraphs to the end of paragraph 6.13.D ofthe General Conditions as follows: I E. It is expressly understood by the parties to this Agreement that the Con tractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer I 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 I 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. I F. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain I 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, I 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 .. I 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, .. I 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 .. I 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 .. I repair or replacement or payment of costs incurred in connection with said . damage. G. The Contractor shall conduct his work so as to interfere as little as possible with - I 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 I expense, provide and maintain suitable and safe bridges, detours, and other .. temporary expedients for the accommodation of public and private drives before I 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 I property involved, to obstruct traffic at the designated point. . . H. Safety provisions must be entirely adequate and meet with City or State and I Federal regulations to protect the public on these streets and roads. . Section 00810 . SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS I Page S of 12 . . I C I SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to t rcad 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 I, expressly understood and agreed that such observation shall not relieve the I Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENT A TIVE - I Refer to the Special Provisions for identification of the responsibiliti.es and authority ane! limitations of the Engineer's Resident Project Representative (if any). C 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 .i its place: . 11.01.A.5.c The cost for the use of all construction equipment and machinery and parts , thereof whether owned by the Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed C portion of the work covered under the cost ofthe 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 C 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. It) 2. For equipment on standby, the hourly rate shall be 50% of the monthly III rental rate divided by 176 hours per month, and the hourly operating cost .: shall not be applied. , 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being C performed. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENER.A.L CONDITIONS ~. Page 9 of 12 I ~:.........u . I . . SC-11.03 UNIT PRICE WORK I . Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the . following in its place: I II 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by .. I more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or . I more of the Contract Price which is the total sum of all schedules (if any), and II . I sc- 14.02.A APPLICATIONS FOR PAYMENTS c; ~ Add the following language at the end of paragraph l4.02.A.l ofthe General Conditions: I Payments for materials in storage shall be based only upon the actual cost ofthe materials . and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, ~ I 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 ~ I 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 ~ I of Sale, invoice or other document warranting clear title as required above. ~ Add the following to Paragraph 14.02.A.3: . I 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 .. I enumerated in Paragraphs l4.02.B.5.a through I4.02.B.5.d inclusive, I4.02.D.1.a. through I4.02.D.1.d inclusive, or I5.02.e. In addition retainage may be used by the Owner to .. protect against loss from failure by the Contractor to complete necessary work and to I offset any liquidated damages due Owner. .. Add a new paragraph after paragraph to I4.02.A.3 to read: .. I .. 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and .. I 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 I Contractor. . . I . Section 00810 . SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS I Page 10 of 12 . ---. ,..-. . . I" " \, I, SC -14.02.C PAYMENT BECOMES DUE C Delete Paragraph 14.02.C.l of the General Conditions in its entirety and insert the following in its place: I 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 tl request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner .: approves the application for payment and will be paid by Owner to Contractor Ii with in 30 days of the day of the month stipulated above at the preconstruction conference. C SC- 14.02.D.1.c Amend the sentence ofParaf,rraph 14.02.D.l.c to read: c: ,.. entitling Owner to a set-off against the amount recommended, including liquidated damages; or... t SC-14.03 CONTRACTORS WARRANTY OF TITLE "I Add the following at the end of Paragraph 14.03.A of the General Conditions: .' It, 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 C in an application for payment or not, for the full insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment docs 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 C 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: It. Owner has the right to take possession of or use any completed or substantially III completed portions ofthe 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 C not be grounds for extension of the contract time or change in the contract price. Owner's Section 00810 C SlWPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 11 of 12 I . . I . use of any facilities not specifically identified in the Contract Documents will be in . accordance with conditions agreed to prior to such use, and any extra costs or delays in . I 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 I 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 . I instruction of Owner's personnel must be satisfactorily completed, and Owner shall . assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been . I substantially completed and the Engineer certifies that full completion thereof is . materially delayed through no fault of the Contractor, the Owner shall, without I terminating the Agreement, make payment of the balance due for the portion 0 f the work . fully completed and accepted. . I . sc- 14.06 FINAL INSPECTION . I Add the following to Paragraph 14.06.A: . After Contractor has remedied all deficiencies to the satisfaction of the Engineer and . I 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 . I Engineer that the work is acceptable. . I SC- 17.01 GIVING NOTICE . . Add the following to Paragraph 17.0l.A: . I The mailing address for giving notices to Contractor given in the Agreement is hereby . designated as the place to which all notices, letters, and other communication to I 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 I address at any time by an instrument in writing delivered to Engineer and to other party. . . I END OF SECTION . . I . I . Section 00810 . SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS I Page 12 of 12 . - I I I MONTANA PREVAILING WAGE RATES I I 2005 I Heavy Construction I Rates effective: October 28, 2005 I Brian Schweitzer, Governor State of Montana I Keith Kelly, Commissioner Department of labor & Industry I I To obtain copies of prevailing wage rate schedules, contact: Research and Analysis Bureau, Workforce Services Division Montana Department of Labor and Industry I P.o Box 1728, 840 Helena Ave. Helena, MT 59624-1728 Phone 406-444-2430 FAX 406-444-2638 I Toll free 800-541-3904 TDD 406-444-0532 I We're also on the Internet at: www.ourfactsyourfuture.org For information relating to public works projects and payment of prevailing wage rates visit ERD at: www.mtwagehourbopa.com or contact them at I Employment Relations Division Montana Department of Labor and Industry P. O. Box6518 I Helena, MT 59604-6518 Phone 406-444-5600 TDD 406-444-5549 I The Research amI Analysis Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to provide information in accessible format, on request, in compliance with the Americans with Disabilities Act. I 1 Heavy Construction ~ Montana I I I I I MONTANA PREVAILING WAGE REQUIREMENTS Heavv Construction I The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2- 402 of the Montana Code Annotated, has determined the standard prevailing rate of wages for the I occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., Montana I Code Annotated. It is required that each employer pay, as a minimum, the rate of wages, including fringe benefits and zone pay applicable to those occupations in which the work is heing performed, as provided in the attached wage determinations. I All Montana Prevailing Wage Rates are available on the Internet at: www.ourfactsyourfuturc.org or by contacting the Research and Analysis Bureau at (800) 541 ~3904 or TDD (406) 444-0532. In addition, this I publication provides general information concerning compliance with Montana's Prevailing Wagc Law and payment of prevailing wages. For detailed compliance information relating to Public Works proj eds and payment of prevailing wage rates, please consult the Regulations on the Internet at: I www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444- 5549. I I Keith Kelly Commissioner Department of Labor and Industry I State of Montana I I I I .., I Heavy Construction - Montana I I I I I TABLE OF CONTENTS I MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication.................................................................. 4 I B. Definition of II cavy Construction........................................... 4 C. Definition of Public Works Projects........................................4 D. Prevailing Wage Schedule.......................................................4 I E. Fringe Benefits.............................................................. . . ........ 5 F. Apprentices.................................................... ........... . ..............5 I G. Posting Notice ofPrcvaiIing Wage................................ .........5 H. Employment Preference.............. ................................ . ........... 5 1. Rates to use for Projects................................................ ...........5 I I I I I I I I I I 3 Heavy Construction - Montana I I I I I A. Date of Publication: October 28, 2005 B. Definition of Heavy Construction I The Administrative Rules of Montana (ARM) 24.17.501 (4) - (4)(a), Public Works Contracts For Construction Services Subject to Prevailing Rates, states that "Heavy construction projects include, but arc not limited to, I those projects that are not properly classified as either 'building construction', or 'highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for I commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut- offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), tish hatcheries, t100d control projects, industrial incinerators (othcr than building), irrigation projects, jctties, I kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipc lines, ponds, pumping stations (prefabricated drop-in units - not buildings), railroad construction, reservoirs, revetments, sewage I collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenancc, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, watcr supply lines (not incidental to I building), water and sewage treatment plants (other than buildings) and wells." Fcderal Davis-Bacon wage rates as published in U.S. Departmcnt of Labor Gcneral Wage Decision No. I MT2003 000 1 Moditlcation No .13 have been adoptcd by thc Montana Dcpartment 0 f Labor and Industry for use in Heavy Construction projects and are includcd in this publication. These rates apply statewidc or as shown in MT2003000l Modiflcation No. 13. I c. Definition ofPuhlic Work... Projects I Thc Montana Code Annotated (18-2-401 (11 )(a)) defines "public works contract" as "a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction serviccs lct by thc state, county, municipality, or political subdivision is which the total cost of the contract is in I excess of $25,000." D. Prevailing Wage Schedule I This publication covcrs only Heavy Construction occupations and rates in the specific localities mentioned herein. 'rhese rates will remain in effect until superseded by a more current publication. Current prevailing wage I rates schedulcs for Building Construction, Highway Construction and Non-construction Services occupations can be found on the Internet at www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. I E. Fringe Benefits I 4 Heavy Construction - Montana I I I Section 18-2-412 of the Montana Code Annotated states that: I "(1 )... a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard I 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 bend it fund, phm, I or program that mcets the requirements of the Employee Retirement Income Security Act of 1974 Of that is a bona fide program approved by the United States Department of Labor; or I (c) make payments using any combination of methods set forth in subsections (I )(a) and (1 )(b) so that the aggregate of payments and contributions is not less than the standard prevai ling rate of wages, including fringe benefits for health and welfare and pension contributions that meet the requirements of the Employee I Retirement Incomc Security Act of 1974, travel, or other bona fide programs approved by the United States Department of Labor, that is applicable to the district for the particular type of work being performed. I (2) The fringe benefit fund, plan, or program described in subsection (1 )(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the United States Department of Labor." I Fringe benefits are paid f(Jr 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 caleulating overtime, unless there is a collectively I bargained agreement in effect that specifies otherwise. Employers arc obligated to pay the wage rates and fringes as listed in the booklet, including the zone hourly rate I when applicable. For heavy and highway construction occupations, the vacation benefit amount is not included in the prevailing wage rate, unless stated otherwise. I F. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs arc contained in I those programs. However, apprentices not registered in approved federal or state apprenticeship programs will be paid the prevailing wage rate when working on a public works contract. I G. Posting Notice of Prevailing Wages Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are I perfonning work or providing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages to be paid to the employees on such site or work area. I H. Employment Preference I Sections] 8-2-403 and 18-2-409, Montana Code Annotated require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. 5 I Heavy Construction - Montana I I I J. Rates to Use for Projects I 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. I I I I I MONTANA STATEWIDE PREVAILING DA VIS-BACON I Rates Effective: October 28,2005 I HEAVY CONSTRUCTION WAGE RATES I General Wage Determinations Issued Under the Davis-Bacon and Related Acts I State: Montana I Construction Types: Heavy I Counties: Montana Statewide. I I I I 6 Heavy Construction - Montana I I I I HEAVY CONSTRUCTION PROJECTS I Zone Definitions Carpenters, *Cement Masons, Laborers, Power Equipment Operators and Truck Drivers I The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the I center of the job: Billings, Bozeman, Butte, Great Falls, Havre, Helena, Kalispell, Lewistown, Miles City, Missoula I Zone I: o to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $2.95 I Zone 3: Over 60 miles - Base Pay + $4.70 *Cement Masons Zones: The above cities plus Dillon, Glasgow, Glendive, Sidncy -------------------------~-------------------------------------- I Modification Number Publication Date 0 06113/2003 I 1 11/07/2003 2 ] ] /28/2003 3 01/23/2004 I 4 03105/2004 5 04/09/2004 6 05/07/2004 I 7 09/1 0/2004 8 10/08/2004 9 04/0112005 I 10 04/08/2005 11 04/22/2005 ]2 OS/27/2005 I 13 06/24/2005 I I I I 7 Heavy Construction - Montana I .__ ,_".,o_"".,__,_,u,. I I I * CARP0028-002 06/01/2005 I ST A TEWrDE I Rates Fringes Carpenters: (Zone 1) I Carpenter & Pilebuck...............$ 19.25 7.80 Millwright..................................$ 21.25 7.80 ______.____________________________________________________w______~_______________________________w____________________________ I CARP0028-00406/01l2004 Rates Fringes I Diver Tender............................ ..$ 27.30 7.45 Diver.........................................$ 57.50 7.45 I -----------------~------------------------------------------------------------------------------------------------------------- ELEC0044-00 1 06/01/2002 I Beaverhead, Big Horn, Blaine, Broadwater, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson, Deer Lodge, Fallon, Fergus, Gallatin, Garfield, Glacier, Golden Valley, Granite, Hill, Jefferson, Judith, Basin, Lewis I And Clark, Liberty, Madison, McCone, Meagher, Mineral, Missoula, Musselshell, Park, Petroleum, Phillips, Pondera, Powder River, Powell, Prairie, Ravalli, Richland, Roosevelt, Rosebud, Sheridan, Silver Bow, Stillwater, Sweet Grass, Teton, Toole, Treasure, Valley, Wheatland, Wibaux, And Yellowstone Counties I Rates Fringes I Line Construction (1) Lineman............................$ 25.79 4.25%+6.71 (2) Equipment Operator......... ...$ 20.63 4.25%+6.34 I (3) Experienced Groundman.. ....$ 16.76 4.25%+6.07 __________~_____________________________________________________________________~_M_______"~___~_______________________________ I ELEC0233-00 1 06/01/2004 Blaine, Broadwater, Cascade, Chouteau, Fergus, Glacier, Hill, Judith Basin, Lewis & Clark, Liberty, Meagher, I Petroleum, Phillips, Pondera, Teton, Valley, and Wheatland Counties Rates Fringes I Electrician............................... ..$ 23.26 3%+8.04 ________________~__8________________________________________________________________________________________________________~__ I 8 Heavy Construction - Montana I I I I I ELEC0233-00206/0112004 Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Powell, and Silver Bow Counties I Rates Fringes I Electrician.............................. ....$ 23.25 3%+8.49 ______H____________________________________________________.________________________________________________------------------- I ELEC0532-00 I 08/01/2004 Gallatin, Park, and Sweet Grass Counties I Rates Fringes Electrician............................... ...$ 22.49 4.25%+7.25 I ___~~________________________________________w______~___________________________________________________________________________ ELEC0532-003 06/01/2004 I Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, Golden Valley, McCone, Musselshell, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Treasure, Wibaux and Yellowstone I Counties Rates Fringes I Electrician.............................. ...$ 24.08 4.25%+8.64 _________________________________M_____________________________________________________________________________________________ I ELEC07 68-001 03/01/2005 I Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties Rates Fringes I Electrician............................ ......$ 25.20 9.16 ______________________________M____________________________________________________________________________~__~_________________ I ELEC0768-003 04/01/2005 I Flathead, Lake, and Lincoln Counties Rates Fringes I 9 Heavy Construction - Montana I I I Line Construction I (I) Cable Splicer.................. ...$ 30.39 10.76 (2) Lineman................ . . . .. .. .. ...$ 27.97 10.59 (3) Groundman........................$ 17.47 9.92 I (4) Line Equipment Operator. . ..$ 21 .67 10.22 (5) Pole Sprayer......................$ 22.57 10.28 (6) Tree Trimmer.....................$ 23.42 10.35 I (7) Utility Locator.................. ,$ 15.40 9.78 -------------------------------------------------------------------------------~----------------------------------------------- I ENG10400-00 1 05/0 I /2005 Rates Fringes I Power Equipment Operator (Zone I) I Group 1..................................$ 20.62 7.55 Group 2..................................$ 21.09 7.55 Group 3..................................$ 21.49 7.55 Group 4.. .................. . .. ...........$ 22.15 7.55 I Group 5..................................$ 22.65 7.55 Group 6... ............... . . .. ........ ....$ 23.75 7.55 Group 7..................................$ 24.25 7.55 I Power Equipment Operators Classifications I GROUP 1: Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine, small; Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-I0, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-end Loader under 1 cu yd; Heavy Duty Drills; Herman Nelson Heater; Mulching I Machine; Oiler, all except Cranes & Shovels; Pumpman. GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 cu yd; Bit Grinder; Bituminous Paving I Travel Plant; Boring Machine, large; Broom, self-propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber- Tired, Push & Side Boom; Elevating Grader/Gradall; Field Equipment Serviceman; Front-end Loader I 1 cu yd to including 5 cu yd; Grade Setter; Heavy Duty Drills, all types; Hoisttfugger, all; Hydralift & similar; Industrial Locomotive; Motor Patrol, except Finish; Mountain Skidder; Oiler - Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, self-propelled; Pugmill; Pumpcrete/Grout Machine; Punch Truck; Roller, other I than Asphalt; Roller, Sheepsfoot, self- propelled; Roller, 25 tons and over; Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant. I GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel over 3 cu yd; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine/Slip Form Paver; Finish Dozer; Front-end Loader over 5 I cu yd; Mechanic/Welder; Pioneer Dozer; Roller, Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, single, twin, or pulling Belly Dump; Yo-Yo Cat. I 10 Heavy Construction.. Montana I I I GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. I GROUP 5: Cranes, 45 tons to including 74 tons; Crane, Tower, all. I GROUP 6: Cranes, 75 tons to including 149 tons; Crane, Whirley, all. GROUP 7: Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- I Leg or Derrick; Helicopter Hoist. __________________________________________________________________________w_~____________________________________________________ I IRON0841-002 07/0 l/2003 Remaining Counties I Rates Fringes Ironworker............................ .....$ 19.20 12.51 I -------------------~----------------------------------------------------------------~------------------------------------------- LAB00098-00 I 05/01/2004 I Rates Fringes I Laborers: (Zone 1) Group 1................................ ..$ 14.52 5.50 Group 2..................................$ 17.34 5.50 I Group 3..................................$ 17.48 5.50 Group 4..................................$ 18.20 5.50 I LABORERS CLASSIFICATIONS GROUP 1: Flagperson I GROUP 2: All General Labor work; Burning Bar; Bucket man; Carpenter Tender; Caisson Worker; Cement Mason "render; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete worker; Curb Machine-Lay I Down; Crusher and Batch worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powdennan 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; I Signalman; Tail Haseman; Tool Checker and Houseman; Traffic Control worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High- I Pressure Nozzleman; Jackhammer (Pavement Breaker); Laser Equipment; Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power; 'rampers; Creosote Handler I 11 I Heavy Construction - Montana I I I GROUP 4: Asphalt Raker; Asbestos Laborer; Cutting Torch; Grade Setter; Hazmat Worker; High- Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; I Tank/Vessel Cleaner; Track or Truck mounted Wagon Drill; Welder including Air Arc -------------_.--------------------------------------------------------------------------_.~------------------------------------- I P AJN0260-00 1 07/01/2002 I Blaine, Broadwater, Cascade, Chouteau, Daniels, Fergus, Garfield, Glacier, Granite (South of a line running East & West through the Southern city limits of Phillipsburg), Hill, Jefferson, Judith Basin, Lewis and Clark, Liberty, McCone, Meagher, Petroleum, Phillips, Pondera, Powell (South of a line running East & West through I the Southern City limits of Helmsville), Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland Counties I Rates Fringes Painter.... ................ .. .......... .. .....$ 13.85 1 %+3.45 --------------------------------------------------~----------------------------------------~-~~~--~--~~------------------------- I P AIN0260-002 07/01/2002 I Flathead, Granite (North ofa line running East & West through the Southern city limits of Phillips burg), Lake, Lincoln, Mineral, Missoula, Powell (North of a line running East & West through the Southern city limits of Helmsville), Ravalli, and Sanders Counties I Rates Fringes I Painter................................... ....$ 16.85 1 %+3.45 -------------_.------------------------------------------------------------------------------------------------------------------ I PAIN 1922-00 1 06/01/2001 Beaverhead, Big Horn, Carbon, Carter, Custer, Dawson, Deer Lodge, Fallon, Gallatin, Golden Valley, I Jefferson, Madison, Musselshell, Park, Powder River, Prairie, Rosebud, Silver Bow, Stillwater, Sweet Grass, Treasure, Wibaux, and Yellowstone Counties I Rates Fringes Painter (Industrial, includes I industrial plants, tanks, pipes, bridges)........................... ..$ 17.80 7.63 ------------------------------------------------------~------------------------------------------------------------------------- I * PLASO] 19-001 05/01/2005 I Statewide (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) Rates Fringes I 12 Heavy Construction - Montana I I I Cement Masons: (Zone I) I Area 1..... ............... ..... ... .. .... ...$ 17.71 6.20 Area 2......................................$ 18.82 6.20 I AREA 1: Statewide (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) I AREA 2: Deer Lodge, Jefferson, Powell, And Silver Bow Counties ---------------------------------------------------------------------------------~-~~-----------------------------_.----------- I PLUM0030-00309/0lI2004 I Bighorn, Blaine, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson, Fallon, Fergus, Garfield, Glacier, Golden Valley, Hill, Judith Basin, Liberty, McCone, Meagher, Musselshell, Petroleum, Phillips, Pondera, Powder River, Prairie. Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Teton, Toole, Treasure, I Valley, Wheatland, Wibaux and Yellowstone Counties Rates Fringes I Plumber................................. ....$ 24.50 10.65 Industrial - Power Generating Plants.. ......... ..........$ 26.85 10.65 I -------~------------------------------------------------------------------~~-------------------------------------------------- PLUM0041-00l 07/01/2004 I Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis And Clark, Madison, Park, Powell, Silver Bow, and Sweet Grass Counties I Rates Fringes I Plumber.................................. ...$ 24.35 9.00 ----~--------------_._-------------------------~------------------------------------------------------------------------------ I PLUM0459-001 05/01/2004 Flathead, Glacier, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders I Rates Fringes I Plumber................................. ....$ 23.41 9.30 ____~________________p_________________MM______~____________________________________________________________----------------- I TEAM0002-00 1 06/01/2003 Rates Fringes I 13 Heavy Construction. Montana I . - - --.. I I Truck drivers: (Zone 1) I Group 1..................................$13.31 5.31 Gro u p 2................... .. .. .. .. .. .. . .. $ 1 7.34 5.31 I TRUCK DRIVERS CLASSIFICATIONS: GROUP 1: Pilot Car I GROUP 2: All Combination Trucks and Concrete Mixers; Distributor Driver; All Dry Batch Trucks; Dumpman, Gravel Spreader Box Operator; All Dump Trucks and similar equipment including DW 20, DW 21, I or Euclid Tractor; Dumpsters; Flat Trucks; Servicemen; Lowboys, Four-Wheel Trailers; Float Semi-Trailer; Lumber Carriers, Lift Trucks & Fork Lifts; Pick-up Driver hauling material; Powder Truck (Bulk Unloader type); Power Boom; Service Truck Drivers, Fuel Truck Drivers, Tiremen; All Water Tank Drivers; Petroleum I Products Drivers; "I'rucks with Power Equipment such as Winch, A-Frame Truck, Crane, Hydralift, Gout-Crete Truck, and Combination Mulching, Seeding & Fertilizing Truck; Truck Mechanic ______________.__________________________________________________________________________________________w________________________ I WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -~~-------~--~~------~---~-------~--~--------~~~~-~~~--------~~ --~ ~-~ ~~- --- -~-------~---~~-----~~----------~~----------~~-~~~----------~ --- --- --~ --- I Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). I -----------------------------------------------------------------~----------_.--------------------------~------------------------ I In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. I -------------------------------------------------------------------------------------------------------------------------------- I I I I I I 14 Heavy Construction - Montana I I I SPECIAL PROVISIONS I 1. GENERAL I The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for installation of an 8' I water main and associated appurtenances along Golf Way in the City of Bozeman. I All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Fifth Edition (MPWSS), published 2003, and as further modified by the City of Bozeman Modifications to MPWSS, dated March 2004, including I Addendum No.1, 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. I 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 I 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 I borne exclusively by the Contractor. 2. SCOPE OF WORK I The work involves the installation of approximately 642 LF of 8 I I ductile iron water main along Golf Way from Curtiss Street south, along with one fire hydrant, one meter vault, and two I service line re-connections. I 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation I to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a I contract. The Bid schedules may be awarded as a single total combined contract, may be awarded singly as separate contracts, or in any combination of schedules which result in the lowest project cost to the owner. I 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written I 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 I 1 SPECIAL PROVISIONS I I I I schedule. Where multiple schedules are awarded under a single contract, the contract times I 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. I 5. LIQUIDATED DAMAGES I 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. I 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 I damage of $500.00 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. I 6. COST LIMITATIONS I 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 I the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS I 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 I 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. I 8. APPROVAL OF EQUIPMENT AND MATERIALS I 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 I such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS I 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 I 2 SPECIAL PROVISIONS I I I I progress. He shall be in a position to direct the work and make decisions either directly or I 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. I 10. WARRANTY If, within one year after acceptance of the work by the Owner, any of the work is found to be I 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 I time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING I Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: I 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 I as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment I 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 I 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 I work shall be done outside of these hours unless specifically approved by the City Engineer. I 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will I be held at the City Engineer's Office, 20 E. Olive Street, 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 I any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. I 13. SHOP AND FABRICATION DRAWINGS I 3 SPECIAL PROVISIONS I I I I The Contractor shall prepare and submit fabrication drawings, design mix information, material I 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. I Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper I 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. I 14. UNDERGROUND UTILITIES I 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 I any damage done to these installations due to failure to locate them or to properly protect them when their location is known, I 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. I 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 I contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY I 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 I approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL I A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use ofthe City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. I 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 I Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets, roads or highways or I 4 SPECIAL PROVISIONS I I I I require night-time or long-term traffic control, the Contractor will be required to prepare a I 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 I and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. I 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 I 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. I C. WarninQ Sianals. 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 I 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 I suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly I protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All I 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 I for construction traffic control. Construction traffic control shall be considered an incidental cost to be included in other items in the contract requiring traffic control to complete that item. I 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless I otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all I refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to I prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or man made I 5 SPECIAL PROVISIONS I I I I channels leading thereto. In addition, the Contractor shall conduct and schedule his I 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 I 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. I 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, I etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. I 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to I 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. I 19. MANHOLES, VALVE AND MONUMENT BOXES I All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges I of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or I box. It is imperative that manholes and valve boxes be accessible to the City for emergency I maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without I notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. I 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of I the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. I 6 SPECIAL PROVISIONS I I I I 21. SALVAGEABLE ITEMS I 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 I 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. I 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are I 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. I 23. INSURANCE I Insurance coverages required underthis contract shall extend, at aminimum, to the end of the contract time. I 24. SUPPLEMENTAL TECHNICAL SPECIFICATIONS Service line re-connections: two service line stubs shall be extended from the new water main I to connect to the existing service line to the Lindley Park Center Building and the Cemetery Shop Building. After installation and testing of the new water main has been completed, the contractor shall connect the new service line stubs to the existing service lines. The I connections shall be visually inspected to assure of no leakage. The contractor shall also disconnect the existing connection for these service lines where they currently connect to the water main near the intersection of Golf Way and Curtiss Street. I Connection to existinq water main: Connection to the existing main will require a shut-down of the existing main and disruption of service to customers. A six-hour shut-down will be allowed I without the need to provide temporary water to the affected customers. Shut-downs longer than six hours will require temporary water systems to be in place and operational prior to the shut-down. I Section 02910 - Seedinq: All existing landscaped or vegetated areas that are disturbed during construction shall be restored as per Section 02910 to the approximate preconstruction I grades and conditions. 2.1 Seed I Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30 Ibs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% I Perennial Ryegrass 15% I 7 SPECIAL PROVISIONS I I I SECTION 00100 I MEASUREMENT AND PAYMENT I 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 I Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental I item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. No separate measurement and payment shall be made for traffic control. I Items 101 & 102: Measurement and payment shall be as per MPWSS Section 026604.2 A. I Items 103 & 104: Measurement and payment shall be as per MPWSS Section 026604.6 A. I Items 105, 106, 107, 108, & 109: Measurement and payment shall be as per MPWSS Section 02660 4.3 A. I Items 110 & 111 : Measurement and payment shall be as per MPWSS Section 026604.4 A for installing the new service lines from the main to the point of connection to the existing service lines, connecting the service lines to the existing services, and disconnecting the I existing services from the current point of connection to the main. Item 112: Measurement and payment shall be as per MPWSS Section 026604.7 A. I Item 113: Measurement for the meter vault shall be on a lump-sum basis. Payment shall be made in a lump-sum for furnishing and installing the concrete vault and manhole ring and I cover; all valves, piping, fittings, and appurtenances inside the vault, excepting the meter; all excavation, backfill, and compaction required for the installation; installation of the concrete deadman anchors, testing of the vault, pipe, and fittings; and all other labor, equipment, and I work necessary or incidental for completion of the item as specified on the plans. The Water Department shall furnish and install the meter. Item 114: Seeding is measured on a lump-sum basis and paid for at the lump-sum price I bid including topsoil salvage and/or importing, topsoil placement, seedbed preparation, and seeding, complete in place and accepted by the Engineer. Payment indicated to include complete compensation for all labor, equipment, materials and incidentals required for the I completion of the work. Item 115: Measurement for asphalt surface restoration shall be by the actual number of I 1 MEASUREMENT AND PAYMENT I I I I linear feet of restoration satisfactorily accomplished, measured along the centerline of the I water lines, and payment shall be made at the unit price bid for all labor, equipment, materials and incidentals necessary to furnish, install and compact the gravel base, and to furnish, install and compact the asphalt surface restoration as per the plans. I I I I I I I I I I I I I I 2 MEASUREMENT AND PAYMENT I I I I I I I APPENDIX A I Standard Drawings I I I I I I I I I I I I I I I I I 16"~1 t I 6" L I I I COMPACTED BASE & SUBGRADE I I I I NOTES: - 1. Adjust water valves upward or downword os required. Finol adjustment shall be made ofter poving ond before I seol cooting. 2. Model No. 69 8550 series, Eost Jordan Iron works odjustable screw-type risers moy be used to roise or I odjust existing volve boxes only. 3. Volve bax odjustment shown is designoted os Type 11 water valve odjustment. Type 1 woter volve odjustment is similor except with a concrete coli or. I I I CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT NO. 02213-2 STANDARD DRAWING NONE DET AIL Feb. 2004 I I I I I NOTE: WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT I THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTiCAL LINE A MINIMUM OF 12" (:JOcm) FROM THE EDGE OF THE TRENCH OPENING WHERE NEAT LINE IS LESS THAN :J' (O.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION. REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN I TRENCH AND EDGE OF PAVEMENT. I EXISTING STREET SURF ACE VERTlCAL TRENCH WALLS WITH SHORING TO CONFORM TO O.S.H.A. REGULA TIONS' I \ SUBGRADE OR GROUND SURFACE I -y"" '" I INSTALL DETECT ABLE t seo"", '''''"'"' 0> WARNING TAPE 15"( 45cm) SUPPORT SYSTEMS IN THIS BACKSLOPE AS SPECIFIED MAX. DEPl1-I AREA TO CONFORM TO TO CONFORM TO O.S.H.A. (OPTIONAL) O.S.H.A. REGULATIONS' I REGULA TIONS' I - \ TYPE "An:E3", OR "c" S"(15cm) TRENCH BACKFILL I SELECT TYPE I BEDDING MA TERIAL PLACED IN 6"(15cm) LAYERS & I TYPE I PIPE BEDDING COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX. IN SECTION 02221. LAYERS AND COMPACTED 1J-I0ROUGHL Y. I "fRENCH 1'II01H-O.0. OF PIPE PLUS t(60cm) MIN. TRENCH WlD1J-I- 3.5'(1.1m) TYPE 2 PIPE BEDDING I WHERE REQUIRED FOR SOFT OR UNSTABLE FOUNDATlON NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY I MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES I . SEE O.S.H.A. CONSTRUCTION STANDARDS FOR EXCA VA TIONS. REVISED: 10/25/02 I CITY OF BilLINGS SCALE: STANDARD DRAWING ST ANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAilS NO. 02221 ~ 1 I I I I It is recognized tha t na tive ma terials which may be used for pipe bedding vary widely from area to area. Therefore, the following is offered as an alterna te to the TYPE 1 pipe bedding specifica Lion in Section 02221: TRENCH EXCA VATION AND BACKFILL FOR PIPE- I LINES AND APPURTENANT STRUCTURES This alterna te shall be used only if called for in the Special Provisions. It must be emphasized tha t no specifica tion should be used withou L the engineer's evalua tion of the particular situa tion. I TYPE 1 PIPE BEDDING Type 1 pipe bedding, imported or na turally occurring on site, shall be gra vel, gra vel-sand I mixture, or sand. The ma Lerial shall be well graded and shall conform La the requirements for soil type GW (gra~ vel. well graded) or SW (sand, well graded) of the Uni- fied Soil Classifica tion System (USCS) as delinea Led in I ASTM D2487 except. at the discretion of the engineer, the material may contain up to a maximum of 12 percent passing the 200 sieve provided the plasticity index of the ma terial is 6 or less. The maximum size gravel shall be I 3/4-inch. The coefficient of uniformity for gra vel shall be 4 or greater and a coefficient of curvature between 1 and 3. Sand shall have a coefficient of uniformity of 6 or greater and a coefficient of curvature between 1 and 3. Type 1 bed- I ding shall consist of a minimum of 4 inches(10 em), or 1/8 the outside diameter of pipe, whichever is greater, bedding material under the pipe; and the bedding ma terial around and over the pipe to a point a minimum 6 inches (15cm) above I the top of the pipe unless specified otherwise in the Special Provisions. The coefficient of uniformity is defined as the ratio of grain size diameter I at 60% passing to the grain size diameter at 10% passing expressed as: 060 Cu := ~ 010 I The coefficient of curvature is defined as the position of the square of the grain size diameter at 30% passing to the product of the grain size diameter I at 10% passing times the grain size diameter at 60% passing expressed as: Cc := ( 030 ) 2 010 X 060 I Where the naturally occurring material contains voids which would allow migration, sand bedding ma terial shall not be used. I Bedding material under and around the pipe La 6 inches (15cm) above the top of the pipe shall be placed by hand or other careful manner so as not to disturb the pipe, in maximum layers of 6 inches (15cm) and compacted to a minimum of 85% Standard Proctor ASTM D698 R, AASHTO T-99. Special care shall I be taken to assure complete compaction under the haunches of the pipe. Ba ckfil1 ma terial shall be placed in the trenc11 for its full width on each side sirrl ultaneously. Water settling of this portion of the trench will not be allowed The addition of wa ter shall be limited to thaL required for optimum moisture I for maximum compaction of the material. REVISED 12/27/95 MONTANA PUBLIC WORKS SCALE: 5T ANDARO DRAWING I STANDARD SPECIFICATIONS NONE PIPE BEDDING AL TERNA TE NO. 02221- 2 I -. .. I I ~~~~~j,."5~ I p '. ~ · ~t /::::,,:-:,:.,,j I '. iIZlJ~ · · · . p. B f,' '. :,:, 1 3 I' I \..':>\ I ".." ".' / · ", " ,. ',' t;- .':, " '~ " ;;/ > '%%'f3~55%,%%%%%%%%~ "" B . '; / ,//, r'//'//.'//.-<<<V%.YX-0<0.00'/~</'''', I "3 V ~A REDUCER MIN, I ~S'"RBED E'R'" I ,^,~~~'0,^ \~<(~<(A~~\' '^,<<<~'Z<<-0~~~~'0\~~~ {(~Y<<~'<0.~~'~\1:<~~~, . . . >-:".,;,..., %'i/ I . . ' I I . '. . ~'( I". ~~/~ L ~j 1 ~ l ':/~ L [,:"".;/~ < <"" . -:')S) < :/ :V~ 1 J .~ ' ~~ I I r'-----' I I ~:;,~ <'--- ~~ "<%,~ [l ~ "<~~,----, ~~~ "<%~ 'r-- ~~ /~ ~. /<~< --:~,/ ~ ~02 'l; \_:( ,;; UyJ !Z> ~ Uy-L ~ I TEE TEE (Plugged) BENe I STANDARD DIMENSIONS FOR THRUST BLOCKING o 0 REDUCERS &:- FITTING lEES &- PLUGS 90 BEND 45 BEND &:- WYES 22 1/20 BEND SIZES A B A B A B A B I 4' )'-7' )'-2' )'-9' )'-6' )'-8' 0'-10' )'-7' 0'-6' 6' 2'-0' )'-11' 2'-5' 2'-2' )'-10' )'-7' )'-9" 0'-)0' 8' 2'-8" 2'-6' 3'-2' 3'-0' 2'-5' 2'-)' )'-9' )'-6' I 10' 3'-4' 3"-3' 4'-0' 3'-)0" 3'-0" 2'-9- 2'-2' )'-11' 12' 4'-0" 3'-10' 4'-8" 4'-8' 3'-8' 3'-3' 2'-7' 2'-3' I )4' 5'-5' 3'-10- 6'-6" 4'-1/' 4'-9' 3'-5' 3'-Y 2'-5' METRIC DIMENSIONS FOR THRUST BLOCKING o 0 REDUCERS &- I FITTING TEES &- PLUGS 90 BEND 45 BEND &:- WYES 22 1/2"8[NO SIZES A B A B A B A B IOcn O,SM 0,4,., 0.5,., O.SM 0,5,., 0.3,., O.Sn 0,2,., I )Sc,., 0,6,., 0.6,., O,ln 0.7,., 0,6,., 05n O.Sn 0.3,., eOcn 0.8,., 0.8n 1.0,., 0.9,., 0,7,., 0.6,., O.S,., 05M e5cn ),0,., 1,0,., 1.2,., 1.2,., 0.9n 0,8n I OJn 06,., I 30cn ),2M 1.2,., IAn ),4,., Un ).0,.,' 0,8n I OJ,., 36cn J,6,., 1-2,., c.On 1.5,., 1.4,., 1.0,., 1.0n OJ,., NO rES' I I. THES[ TABLCS ARE BASED ON 150 PSH)030 I<po) MAiN PRESSURE 2. VRAP ALL rJTTlNGS IIITH POL Y[THYLEN[. 2000 PSt(9800 1<9/"") SOIL BEARING PRESSURE REVlSEO: 12/27/95 MONT ANA PUBLIC WORKS SCALE: THRUST BLOCKING STANDARD DRA'MNG I STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NO. 02660-1 I I I I I I REBAR I >% 4.- . ~ """ 1 . . I . 4 . ~ tl1 ~ .: .' ~ ~ 44 " .C- .C. I I CONCRETE I ANCHORS :>.-<.% % I "s" ~ "A" I NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO. 50 COATING OR EQUAL. I THRUST BLOCK DIMENSIONS Valve 100 PSI 150 PSI 200 PSI 250 PSI 300 PSI I Sin A B C A B C A B C A B C A B C 2'-0. 2'-0 2'-0.2'-0- 2'-0. 2'-0- 2'~0. 2'-0. 2'~O. 2'-0 2'-0- 2'-0 2'-0.2'-0. 2'-T 2'-0. 2'-0 2'-0. 2'-6 2'-6 2'-0 2'-9- 2'-6.2'-6- 3'-0 3"-0. 3'~0 3'-7 3'-0 3'-0. " 2'~3. 2'-0 2'-0. 3"-0 3'-0 2'-8 3'-5- 3'~0. 3'-0. 4'-3 3'-0. 3"-0 5'-1 3'-0 3'-0. 2'-3. 2'-0 2'-0- 3'-5 3'-0 3'-0 4'-6.3'-0- 3'-0. 4'-0 4'-0. "'-0 "'-9 "'-0 "'-0' I 3'~0. 3'-0 3"-0. "'-,, 3'-0 3'~0 "'-1. ,,'-0. "'-0. 5'-1 "'-0. "'-0 6'-1 "'-0 "'-0. 3'-8. 3"-0 3'-0- S'~5 3'-0 3'-0 S'-1. "'-0- "'-0. 6'-" ,,'-0. "'-0 5'-9 5'-0 5'-0. ,,'_,,- "'-0 "'-0- 6'-5 "'-0 "'-0 6'-6.5'-0. 5'-0. 6'-5 6'-0- 6'-0 7'-8 6'-0 6'-0. I NOTE: Pressures shown obove are maximum working pressures in system. I THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER. MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS, THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES I CITY OF BOZEMAN SCALE: THRUST BLOCKING FOR NO. 02660-3 I STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003 I I I I I~:= g: :'.. I INSTALL PLUMB WITH ~ TO BACK OF CURB I PUMPER NOZZLE FACING STREET NEW HYDRANT, ~ MUELLER SUPER CENTURION 250 I MIN. 4'- 0" CLEAR ALL AROUND (TREES, HEDGES, BUSHES, ETC.) I ~ ADJUSTABLE SCREW I ELEVATIONS f<j SHOWN ~ 1YPE VALVE BOX ON PLANS OR 0.2' '\ WITH LID ABOVE TOP OF CURB GRADE I GROUND LINE ~ I I MIN, 6.5' COVER I I TO MAIN LINE . I I I I NEW 6" AUXILIARY GATE VALVE MIN. 1/2 CUBIC YARD WASHED GRAVEL *MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCK I CITY OF BOZEMAN SCALE: FIRE HYDRANT NO. 02660-4 I STANDARD DRAWING NONE DEC 2003 I I STEEL POST MARKER r PROPERTY PAlNTED BLU7 I LINE OR EASEMENT LINE 5 1/2 ' BOULEVARD I I (TYP.) 4' 5' SIDEWALK GROUND SURFACE (TYP.) l' I l' -----l I 11.5' PROVIDE 5' STATIONARY (TYP .) ROD IN ALL CURB BOXES ~ I 6 1/2' MIN. COVER I SEE DETAIL I. 8' BELOW (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS I APPROVED ALTERNATE LOCATION) CURB STOP ~ I I NO COUPLINGS OR OTHER JOINTS ALLOWED ON SERVICE PIPE FROM BASE CORP. STOP TO CURB STOP FOR 3/4" AND 1" SERVICES. STRAIGHT COPPER PIPE SHALL BE USED FOR 1 1 2" AND 2" SERVICES I DETAIL OF A SELECT MATERIAL BACKFILL AREA PROPERLY CORPORATION STOP (SEE SPECIFICATIONS) INSTALLED ,/ / /// // //,/ / /;//'/ // // //? . CORPORA TION ~;:::<::;:/~ ;:;:::;:: / ;::;:,-::;:;';>;:::;;:::;:~fj:>f///;::;//:; ;/<::; I STOP. _/////,.;:/ /////1;/////////// /~/ ///>://<////;//;::j/ TAP MAIN AT ;/f::>;'j,{ //'1//- //':;::/f:://::;://;::://;://}:://}::/~;:/~ 3/4" DIA. MIN. SPRINGLlNE. .:\:///~' ./ :://////::///~///;://////::://J;;./I/j; SERVICE PIPE I ~\}f0 2 / /~f/ff//ff~::f1::ff1':/~::::f::::f?1:::: t '\~ '</ 0 \ . \ / /' , / / . , '//. / / / / .~-;;'/-j //,// / ///// /////~/// \//\' / ,\ ,/.-----:\.--_.'.\ \ -:::::;_.\..Y\ \" -"..' '" '-::___ \ \~. \ /\ \ \ \ /; \ \ I ~\\~\\\;~\. 4 ~\~:~\~~~~y3..:~~~~\)j~(~~\-::\\~~]~S~?, 6" MIN. . ',/,/> ' \ ' ~ "\ \(/ ~ \ ,\--<:. ~~ \ .<-..' > TRENCH BOTTOM:=:\ \ ....----\____\ ~?~{~'0~~*~~~~~~~~~\S%t3~\~\ I ---- '\ .,- ""\ '\>--- \ ,.\ \ /. , ' ~ , ~<-', , \ \~ -..\ ,~' GENERAL NOTES: \, ~ -' -/, ~ - ---- . 1. WATER SERVICE LINES SHALL HAVE A MINIMUM 6 '/2 FOOT COVER MEASURED FROM THE EXISTlNG GROUND SURFACE, EXCEPT THAT COVER SHALL BE MEASURED FROM CENTER LINE STREET GRADE WHEN SERVICE LINES ARE LAID TO A STREET SIDE WHICH HAS AN UPHILL SLOPE. WATER SER~CE LINES I SHALL HAVE A MAXIMUM 7 '/2 FOOT COVER AT CURB STOP. 2. WATER SERVICE LINES SHALL BE INSTALLED WHERE SHOWN ON THE DRAWINGS OR AS SPECIFIED. 3. BEDDING SHALL BE ,. DIA. MAXIMUM WITHIN 6" OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATlNG KEY IS PARALLEL TO STREET IN OFF-POSITION. I CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-6 I STANDARD DRAWING NONE DEC 2003 I I I I I I I I APPENDIX B I Work Vicinity Map Plan Sheets 1 of2, 2 of2 I I I I I I I II I I I I I I V I I 'D ~ + <,,,. I ~ .,., R-. I ~ ~ ~~ ~;:l) ...., ...., ~.,., I il:::$ Q ;:l)'''' ~::;.. il:::,.!,C I l-- ~~ ~ I I I I I . :l ~ I hI ~ ~ ~ ~ I ~ I ~ I l