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19- Contract Documents and Construction Specifications - Omdahl Excavation & Utilities, Inc. - 2019 Bozeman Stormwater Improvements
_77 _ 3 a �••�. _ � •Nt -� -;✓ tM • t • _ � - r.. A_ fT 4.Z BIDDER'S CHECKLIST CITY OF BOZEMAN, MONTANA Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond: Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a._Arithmetic checked? b._ Unit bid amounts agree with math calculations? C. All Addenda acknowledged on proposal sheet and cover? d._Signature portion completely filled out? e._Bid Proposal intact in Contract Documents? DO NOT REMOVE!!!! f._ Non-Discrimination Affirmation form completed and signed? 3) Bid Envelope: a._Addressed properly? (See Article 1—Bids, Instructions for Bidders) b._Contains the Contract Documents and Specifications booklet? C. Acknowledged receipt of Addenda? d. Sealed? 4) Bid submitted before the required time at the specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, and acknowledgment of all Addenda (by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Construction Specifications booklet. Return the complete Contract Documents and Construction Specifications booklet. All Bid Documents and Bonds must be originals. No faxed copies will be accepted. TABLE OF CONTENTS CITY OF BOZEMAN, MONTANA CONTRACT DOCUMENTS Section 001: Invitation to BID Section 002: Instructions for Bidders Section 003: Bid Form Section 004: Bid Bond Section 005: Non-Discrimination Affirmation Form Section 006: Notice of Award Section 007: Agreement Form Section 008: Payment Bond Section 009: Performance Bond Section 010: Standard General Conditions of the Construction Contact: Section C-700 Section 011: Supplementary Conditions of the General Conditions: Section 00810 Section 012: Montana Prevailing Wage Rates CONSTRUCTION SPECIFICATIONS Section 013: Special Provisions Section 014: Hydrodynamic Separators: Specification 02721 Section 015: Measurement and Payment Section 016: Standard Drawings APPENDIX A: STANDARD FORMS ■ Notice to Proceed ■ Field Order ■ Monthly Pay Summary ■ Change Order Form ■ Resume Work ■ Suspend Work ■ Work Change Directive ■ Pay Request ■ Certificate of Substantial Completion ■ Blank Claim Form APPENDIX B: PLAN SET ■ Project Drawings INVITATION TO BID CITY OF BOZEMAN, MONTANA The City of Bozeman, Montana, hereby gives notice that it is accepting sealed bids for the: 2019 Bozeman Stormwater Improvements The City Clerk will receive separate sealed bids for construction of the City of Bozeman's 2019 Bozeman Stormwater Improvements at the office of the City Clerk in City Hall, Suite 200, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, January 29, 2019, and then publicly opened and read aloud. Please remember to write the name of the project on the front of the sealed bid. City of Bozeman Physical Address: City Clerk, City Hall, Suite 200, 121 N. Rouse Avenue, Bozeman, Montana 59771-1230 City of Bozeman Mailing Address: City Clerk, City Hall, P.O. Box 1230, Bozeman, Montana 59771-1230 BID Acceptance Deadline: The City of Bozeman must receive bids before 2 p.m. Tuesday, January 29, 2019. The City Clerk will open and read bids aloud directly after the end of the submittal period. Bidders must submit original copies.The City of Bozeman will not accept faxed or electronic bids. General Project Information: Installation of two hydrodynamic separator stormwater treatment units in downtown Bozeman, including supplying and installing the structures, site restoration, traffic control, and all other items incidental to construction. Contract Documents and Construction Specifications: Bidders may examine or obtain a copy of the Contract Documents at the office of the City of Bozeman Stormwater Division, 20 East Olive Street, Bozeman, Montana 59771-1230, 406-582- 2270, in accordance with the Instruction for Bidders. Required fee is$25.00 per set, which is not refundable. Montana Department of Labor and Industry Registration Requirements: The contractor and any subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444- 7734. The contractor is not required to have registered with the DLI before bidding on this project but must have registered prior to execution of the Construction Agreement. Section 001 INVITATION TO BID Page 1 of 2 Prevailing Wage Requirements: All laborers and mechanics employed by the contractor or subcontractors in the performance of the construction work shall be paid wages at rates as required by the laws of Gallatin County and the state of Montana. Non Discrimination Requirements: Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Submittal Requirements: Each bid or proposal must be accompanied by a bid guarantee in the form of 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. The successful Bidder shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent(100%) of the contract amount. Certificate(s) of Insurance as required shall be provided by the successful Bidder. Withdrawal Requirements: No bid may be withdrawn after the scheduled time of the public opening of bids. City of Bozeman Rejection Rights: The right is reserved to reject any or all bids 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 lowest responsive and responsible bid which is in the best interest of the City of Bozeman. Equal Opportunity Employer Requirement: The Bidder is required to be an Equal Opportunity Employer (EOE). Invitation to Bid Published Dates: Published in the Bozeman Daily Chronicle, which is a print and online based news source distributed in Bozeman, Montana and the surrounding areas. Published dates include: 1. January 13, 2019 2. January 20, 2019 DATED at Bozeman, Montana, this 9th day of January 2019. Robin Crough City Clerk, City of Bozeman Section 001 INVITATION TO BID Page 2 of 2 INSTRUCTIONS FOR BIDDERS CITY OF BOZEMAN, MONTANA Bid Overview: The Bidder must provide bids on the forms provided in this bound copy of the Contract Documents. The Bidder must legibly prepare bids and write them in ink,with all prices given in figures and total bid amount given in words and figures. The City of Bozeman will not permit alterations by erasures or interlineations in bids or the printed forms.The Bidder shall endorse bids,enclose in a sealed envelope, and address to the following: ■ City of Bozeman Physical Address: City Clerk, City Hall, Suite 200, 121 N. Rouse Avenue, Bozeman, Montana 59771-1230 ■ City of Bozeman Mailing Address: City Clerk, City Hall, P.O. Box 1230, Bozeman, Montana 59771-1230 The Bidder shall include the following words on the outside of the envelope: ■ 2019 Bozeman Stormwater Improvements Bids shall be strictly in accordance with the Contract Documents and Bid Form. The City of Bozeman may consider any modifications thereof or deviations as sufficient cause for rejection. The City of Bozeman may deem bids carrying riders or qualifications irregular and reject. Bid Guarantee: The City of Bozeman will not consider bids unless accompanied by a bid guarantee, in the amount stipulated in the Invitation to Bid, made unconditionally payable to the City of Bozeman,which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank.The City of Bozeman will also accept a Bidder's Bond issued by a surety company authorized to do business in the State of Montana. Signature of Bidder: The Bidder must sign each bid in ink and include their full name and business address or place of residence. In case of a firm or partnership,each member must insert their name and business address or place of residence. In the case where the Bidder submits a bid on behalf of a corporation,the City of Bozeman requires the signatory of such corporation to be an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation.The bid of a corporation signed by a person other than a corporate officer shall include a Power of Attorney showing that person's authority. Bid Totals: No Bidder may submit more than one bid. The City of Bozeman will not receive two bids under Section 002 INSTRUCTIONS FOR BIDDERS Page 1 of 11 different names from one firm or association. Responsibilities of Agent: The City of Bozeman may require any person signing a bid as the agent of another, or of others, to submit satisfactory evidence of this authority to do so. The City of Bozeman requires the title of the person(s)executing the bid or Agreement Form beneath their signature. Qualifications of Bidder: The City of Bozeman may request the Bidder to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon and that they have the necessary financial,resources to complete the proposed work. In determining the lowest responsible bid,the City of Bozeman will consider the following elements: 1. Whether the Bidder involved maintains a permanent place of business. 2. Whether the Bidder involved has adequate plant and equipment to do the work properly and expeditiously. 3. Whether the Bidder involved has a suitable financial status to meet obligations incident to work. 4. Whether the Bidder involved has appropriate technical experience. The City of Bozeman may require each Bidder to show that former work performed was done in such a manner that there are no just or proper claims pending against such work. No Bidder will be accepted if they are engaged in any other work which impairs their ability to finance the Contract. The Bidder shall demonstrate their competence by meeting all requirements herein stipulated if requested. Contract Documents: The City of Bozeman intends that the Montana Public Works Standard Specification, 6th Edition (MPWSS), be used to govern the contractual and performance aspects of this project. The City of Bozeman hereby incorporates the MPWSS as part of these Contract Documents, as modified by the City of Bozeman MPWSS (COB MODS), dated March 31, 2011, including all Addenda which are also hereby incorporated as part of these Contract Documents,and as further modified herein bythe City of Bozeman. The Bidder shall utilize all standard forms of MPWSS while executing these Contract Documents unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman,to assist the Bidder in preparation of their bids. The City of Bozeman makes the complete Contract Documents apart hereof, which consist of the following: Section 002 INSTRUCTIONS FOR BIDDERS Page 2 of 11 1. Invitation to BID 2. Instructions for Bidders 3. Bid Form 4. Bid Bond 5. Non-Discrimination Affirmation Form 6. Notice of Award 7. Agreement Form 8. Payment Bond 9. Performance Bond 10. Standard General Conditions of the Construction Contact: Section C-700 11. Supplementary Conditions of the General Conditions: Section 00810 12. Montana Prevailing Wage Rates 13. Special Provisions 14. Hydrodynamic Separators: Specification 02721 15. Measurement and Payment 16. Standard Drawings 17. Notice to Proceed 18. Field Order 19. Monthly Pay Summary 20. Change Order Form 21. Resume Work 22. Suspend Work 23. Work Change Directive 24. Pay Request 25. Certificate of Substantial Completion 26. Blank Claim Form 27. Project Drawings Examination of Contract Documents and Site: Before submitting a bid, each Bidder must: 1. Examine the Contract Documents thoroughly 2. Visit the site to familiarize themselves with location conditions that may in any manner affect cost, progress or performance of the work 3. Familiarize themselves with federal,state and local laws,ordinances,rules and regulations that may in any manner affect cost, progress or performance of the work 4. Study and carefully correlate observations with the Contract Documents Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications.These reports are not guaranteed as to accuracy or completeness, nor are they part Section 002 INSTRUCTIONS FOR BIDDERS Page 3 of 11 of the Contract Documents. Before submitting a bid each Bidder will,at their own expense, make such additional investigations and tests as the Bidder may deem necessary to determine their bid for performance of the work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, the City of Bozeman will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of their bid.Any administrative requirements and associated costs of such studies are the responsibility of the Bidder. The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by the Bidder in performing the work are identified in the specifications or on the plan set. The submission of a bid will constitute an incontrovertible representation bythe Bidder thatthey have complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the Contract plans, it is agreed that such logs do not constitute a part of the Contract and are included only for the convenience of the Bidder and do not relieve them of their duties under this section or any other responsibility under the Contract. No information derived from any inspection of records of investigation or compilation thereof made by the City of Bozeman will in any way relieve the Bidder from properly performing their obligations under the Contract. Underground Utilities: The location of underground utilities as shown on the drawings is approximate, and the City of Bozeman assumes no responsibility for determining their exact location. The Bidder shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Bidder shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. Interpretation of Contract Documents: If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the specifications,or other proposed Contract Documents,they may submit to the City of Bozeman a written request for an interpretation thereof.The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an Addendum duly issued, and the City of Bozeman will mail a copy of any such Addendum to each person receiving a set of such documents. Time of Completion: The time of completion of the work is a basic consideration of the Contract. It will be necessary that Section 002 INSTRUCTIONS FOR BIDDERS Page 4 of 11 the Bidder satisfies the City of Bozeman of their ability to complete the work within the stipulated time.The number of days within which or the dates by which,the work is to be substantially completed are set forth in the Bid Form and the Agreement Form. Liquidated Damages: Provisions for liquidated damages are set forth in the Agreement Form. Addenda: Any Addenda issued during the time of bidding,or forming a part of the Contract Documents loaned to the Bidder for the preparation of their bid, shall be covered in the bid and shall be made a part of the Contract Documents. Bidder shall acknowledge receipt of each Addendum in the bid. The City of Bozeman will consider incomplete and not read any bid in which all issued Addenda are not acknowledged. Bid Submittal: The Bidder shall submit their bid on the forms bound in these Contract Documents. The City of Bozeman will only consider bids from the Bidder contained within bound copies of the Contract Documents obtained directly from the City of Bozeman. Neither the Contract Documents nor any other pages bound herein or attached hereto shall be detached. Bids shall be in a sealed envelope and addressed to: ■ City of Bozeman Physical Address: City Clerk, City Hall, Suite 200, 121 N. Rouse Avenue, Bozeman, Montana 59771-1230 ■ City of Bozeman Mailing Address: City Clerk, City Hall, P.O. Box 1230, Bozeman, Montana 59771-1230 The Bidder shall include the following words on the outside of the envelope: ■ 2019 Bozeman Stormwater Improvements The envelope shall also contain the following information: 1. Name of the Bidder: 2. Montana Certificate of Contractor Registration No.: 3. Acknowledge Receipt of Addendum No.: 4. In the lower left-hand corner of the envelope print or type: a. Bid Documents- Do Not Open Until 2:00 P.M.January 29, 2019 Bids shall be made in accordance with the following instructions: 1. Submit one copy of the complete bound document in an opaque sealed envelope. Do not remove the bid or any other pages from the bound Contract Documents.Only bids contained within bound copies of the Contract Documents obtained directly from the City of Bozeman will Section 002 INSTRUCTIONS FOR BIDDERS Page 5 of 11 be considered. 2. Bids shall be made in ink upon the unaltered Bid Form supplied with these documents. 3. All blank spaces must be properly filled. 4. The total bid price must be stated in both words and figures. In case of a discrepancy between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the total bid price. 5. The Bid form shall contain no additions, conditions, stipulations, erasures, or other irregularities. 6. The bid must acknowledge receipt of all Addenda issued. 7. The bid must be signed in ink and display the Bidder's name, address, and current Montana Contractor's License Number. 8. The bid must include a completed and signed Non-Discrimination Affirmation Form. Signing of Bids: Bids which are not signed by individuals making them shall have attached thereto a Power of Attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact,there shall be attached to the bid a Power of Attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work. By: Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. Bid Modification: Any Bidder may modify their bid by written communication any time prior to the scheduled closing time for receipt of bids. The written communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original bid.Written bid modifications must be verified by a signed letter. The City of Bozeman shall receive a signed letter no later than three working days following the bid opening, or the City of Bozeman shall not consider the written modification. Bid Requirements: The City of Bozeman expects the Bidder to base their bid on materials and equipment complying fully with the plans and specifications and,in the event they name in their bid materials or equipment which Section 002 INSTRUCTIONS FOR BIDDERS Page 6 of 11 do not conform,they will be responsible for furnishing materials and equipment which fully conform at no charge in their bid price. Before submitting a bid, each Bidder 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 their subcontractors. Bid Quantities: The Bidder must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under the Contract Documents are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the bids offered for the work. The Bidder agrees that,during progress of the work,the City of Bozeman may find it advisab►e to omit portions of the work,to increase or decrease the quantities as may be deemed necessary or desirable,that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under the Contract Documents shall be the actual amount of work done and the materials furnished. The Bidder agrees that they will not claim damages,anticipated profits or otherwise on account of any difference which may be found between quantities of work done and the estimated quantities. Modifications and Withdrawal of Bids: A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a bid must be executed and delivered to the place where bids are to be submitted prior to the date and time for the opening of bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the bid. If, within twenty-four (24) hours after bids are opened, any Bidder files a duly signed written notice with the City of Bozeman and promptly thereafter demonstrates to the reasonable satisfaction of the City of Bozeman that there was a material and substantial mistake in the preparation of its bid, that Bidder may withdraw its bid and the City of Bozeman will return their bid security. Thereafter, if the work is rebid or negotiated, that Bidder will be disqualified from further bidding on the work. Acceptance and Rejection of Bids: The City of Bozeman reserves the right to accept or reject the bids,or portions of bids if denoted in the bid as separate schedules,and to award more than one bid or schedule for the same bid if any of the aforementioned combination of bids or schedules will be in the best interest of the City of Bozeman. The City of Bozeman reserves the right to waive irregularities in any bid submitted, or reject nonconforming,non-responsive or conditional bids and to correct arithmetical errors in the bid prior to comparison. Section 002 INSTRUCTIONS FOR BIDDERS Page 7 of 11 Subcontractors: Within seven days after the City of Bozeman opens bids,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all subcontractors they expect to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor if requested by the City of Bozeman. If the City of Bozeman, Engineer,or Project Manager after a due investigation has a reasonable objection to any proposed Subcontractor,they may, before giving the Notice of Award,request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the bid, a corresponding adjustment will be made in the Contract price. If the apparent low Bidder declines to make any such substitution, the Contract may not be awarded to such Bidder, but their refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom the City of Bozeman does not make written objection prior to the giving of the Notice of Award will be deemed acceptable. The Bidder shall not be required to employ any subcontractor against whom they have a reasonable objection. The use of subcontractors listed by the Bidder and accepted by the City of Bozeman prior to the Notice of Award will be required in the performance of the work. Award of Contract: The City of Bozeman reserves the right to reject any or all bids, including without limitation, nonconforming, nonresponsive,unbalanced,or conditional bids.The City of Bozeman further reserves the right to reject the bid of any Bidder whom it finds, after reasonable inquiry and evaluation,to be non-responsible. The City of Bozeman may also reject the bid of any Bidder if the City of Bozeman believes that it would not be in the best interest of the project to make an award to that Bidder, whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the City of Bozeman. The City of Bozeman also reserves the right to waive all informalities not involving price,time, or changes in the work and to negotiate Contract terms with the successful Bidder. In evaluating bids, the City of Bozeman will consider whether or not the bids comply with the prescribed requirements,and such alternatives, unit prices,and other data,as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, the City of Bozeman will consider the qualifications of the Bidder and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the work for which the identity of subcontractors,suppliers,or other individuals or entities must be submitted as provided in the Supplementary Conditions. Section 002 INSTRUCTIONS FOR BIDDERS Page 8 of 11 The City of Bozeman may conduct such investigations as they deem necessary to establish the responsibility, qualifications, and financial ability of the Bidder, proposed subcontractors, suppliers, individuals, or entities to perform the work in accordance with the Contract Documents. If the Contract is to be awarded,the City of Bozeman will award the Contract to the Bidder whose bid is in the best interests of the project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, bid price, and other appropriate factors. If the Contract is to be awarded,the City of Bozeman will give the successful Bidder a Notice of Award within sixty (60) days after the day of the bid opening. The City of Bozeman reserves the right to cancel the award of any Contract at any time before the complete execution of said Agreement Form by all parties without any liability against the City of Bozeman. If at any time this Contract is to be awarded,the total of the lowest acceptable bid exceeds the funds then estimated by the City of Bozeman as available,they may reject all bids or take such other action as best serves the City of Bozeman's interests. Cancellation of Award: The City of Bozeman reserves the right to cancel the award of any Contract at any time before the complete execution of the Contract by all parties without any liability. Return of Bid Guarantee: All bid guarantees, except those of the three lowest Bidders, will be returned immediately following the opening and checking of the bids. The bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten(10)days following the award of the Contract. The bid guarantee of the Bidder to whom the Contract is awarded will be returned when said Bidder has executed an Agreement Form and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. Performance and Payment of Bonds: The Bidder to whom the Contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the City of Bozeman each in an amount equal to one-hundred percent (100%) of the Agreement Form amount. The bonds shall be executed on the forms bound herein,signed by a surety company authorized to do business in the State of Montana,and acceptable as a surety to the City of Bozeman and countersigned by a Montana Resident Agent. With the bonds,there shall be filed with the City of Bozeman one copy of Power of Attorney certified to include the date of the bond. Execution and Approval of Agreement Form: The Agreement Form shall be signed by the successful Bidder and returned,together with the Contract Section 002 INSTRUCTIONS FOR BIDDERS Page 9 of 11 bonds, within the time shown on the bid. If the Agreement Form is not executed by the City of Bozeman within fifteen (15)days following receipt from the Bidder of the signed Agreement Form and bonds,the Bidder shall have the right to withdraw their bid without penalty. No Agreement Form shall be considered as effective until it has been fully executed by all of the parties thereto. Failure to Execute Agreement Form: Failure to execute the Agreement Form and furnish a Performance Bond and Payment Bond shall just cause for annulment of the award. In the event of such annulment of the award, the bid guarantee shall be forfeited to the City of Bozeman,not as a penalty but as liquidation of damages sustained. The award may then be made to the next lowest responsible and qualified Bidder,or the work may be re- advertised as the City of Bozeman may decide. Bound Copy of Contract Documents: None of the Instructions for Bidders, Bid Form, Bond forms,Agreement Form,Contract stipulations,or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. Only bids contained within bound copies of the Contract Documents obtained directly from the City of Bozeman will be considered. Payments: Payment for all work performed under this Agreement Form will be made by the City of Bozeman 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 City of Bozeman to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement Form. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. Prevailing Wage Rates: On all projects and contracts with the City of Bozeman, Bidder and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuantto MCA 18-2-402 and as bound herein. The Bidder and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this Contract within this area. Posting: The Bidder 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. Section 002 INSTRUCTIONS FOR BIDDERS Page 10 of 11 Local Labor: The Bidder shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. Montana Contractor Registration Requirements: The Bidder and any of the Bidder's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry(DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694). Additional Contractor License Fee (Montana Contractors Gross Receipt Tax): In accordance with Title 15,Chapter 50, MCA,the City of Bozeman shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Bidder and shall transmit such moneys to the Montana Department of Revenue. Bidder Preference: In accordance with the provisions of Title 18,Chapter 1, Part 1, MCA,a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders.The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further,wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price,quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. Section 002 INSTRUCTIONS FOR BIDDERS Page 11 of 11 BID FORM CITY OF BOZEMAN, MONTANA To: City Clerk ■ City of Bozeman Physical Address: City Clerk, City Hall, Suite 200, 121 N. Rouse Avenue, Bozeman, Montana 59771-1230 ■ City of Bozeman Mailing Address: City Clerk, City Hall, P.O. Box 1230, Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized themselves with the Work required by the Contract Documents, the site(s) where the Work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied themselves of the expense and difficulties attending performance of the Work: HEREBY PROPOSES AND AGREES, if this bid is accepted, to enter into an Agreement, in the form attached,to perform all Work for the construction of the 2019 Bozeman Stormwater Improvements, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in,and form a permanent part of,the Work;tools,equipment,supplies,transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals;all as indicated or specified in the Contract Documents to be performed or furnished bythe Bidder within the time and for the prices set forth in the following schedules. The undersigned Bidder agrees to be bound by this bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after the City of Bozeman's acceptance of this bid,and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 14 calendar days. Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the bid, and should a discrepancy exist in the total prices and total amount of bid as listed above, after extensions are checked and corrections made, if any, the total amount of the bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that they have been afforded access to the construction site and has Section 003 BID FORM Page 1 of 4 performed those independent site investigations as they deemed necessary. The undersigned Bidder hereby certifies the following: A)That this bid is genuine and is not made in the interest of,or on behalf of,any undisclosed person, firm,or corporation,and is not submitted.in conformity with any agreement or rules of any group, association, organization, or corporation; B) That they have not directly or indirectly solicited any other Bidder to put in a false or sham bid; C)That they have not solicited or induced any person,firm, or corporation to refrain from bidding; D) That they have not sought by collusion to obtain for themselves any advantage over any other Bidder or over the City of Bozeman. E)That they are not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA,that they are duly and regularly licensed. Bidder agrees to perform all the Work described in the Contract Documents for the following unit prices or lump sums: BID SCHEDULE Schedule 1: General conditions, stormwater improvements, and site restoration. Item Description Unit Unit Price Estimated Total Estimated Quantity Price 101 Taxes, Bonds, Insurance L.S. Sgg0� 1 5�go 102 Mobilization L.S. G©C%) 1 �ob0o 103 Unclassified Excavation L.S. 68tv 104 Hydrodynamic Separator Unit A Each ?gSoo 1 3 5�d 105 Hydrodynamic Separator Unit B Each 3(8 $oo - 1 '3'$ 5'bv 106 Flowable Fill L.S. ZI 00 - 1 y$ao 107 Site Restoration L.S. 50 - 1 19 ,350 108 Traffic Control L.S. (�Omo, 1 Z &00 109 Miscellaneous Work Each $1.00 5,000 $5,000.00 TOTAL SCHEDULE 1 BID $ ! 36 230 0� (TOTAL SCHEDULE 1 BID-WRITTEN WORDS) Section 003 BID FORM Page 2 of 4 Basis of Award: If the contract is awarded, the City of Bozeman will award a single Contract in accordance with the Instructions for Bidders. Bidders shall submit a bid for all bid items on a unit price basis for each item of Work listed as provided and described above.The City of Bozeman reserves the right to accept or reject the bids,or portions of the bids denoted as separate schedules or alternates. The award will be made by the City of Bozeman on the basis of that bid from the lowest responsive, responsible Bidder which, in the City of Bozeman's sole and absolute judgment,will best serve the interest of the City of Bozeman.The low Bidder will be determined on the basis of the lowest combined Total Schedule 1 Bid. The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this bid: No.: Dated: No.: Dated: No.: Dated: No.: Dated: Submitted this P4.O day of p , 2019. Signature of Bidder: yl�� Montana Contractor Registration Number: 3"20 � If an individual: doing business as: If a Partnership: by partner If a Corporation: nmdeyw rxra It ]�+W it)6 s Z)J6- (a) C-4,, by �� .Irk 0En,4P Title Business Address of Bidder: Vet, • ri lw4 PL j Mai-kJ r2,f 51�gj Section 003 BID FORM Page 3 of 4 If Bidder is a joint venture, other party must sign below: Montana License Number and Class: If an Individual: doing business as: If a Partnership: By: Partner If a Corporation: (a) Corporation by Title: Section 003 BID FORM Page 4 of 4 �i [V f�l l3 � (3 a r Cd _ W ca v U Ln w CD 0 0 0 0 0 0 9 j 0 0 0 0 0 0 0 �. V m o 0 0 v o v J o M l.rl m V C) N N N !- N W ,0 Q) { 0 ID Al' cco fE5 �rJCO13 oQ 0 m > r > r > r > a v. ,. ,d a V Q C=1 oo m o m LL , U w O0 lD m Q o co N � p Q N N CD N m b H O U N V o I U � O © U N O k O o 2 u p '� E �n p m V csLn c o `� v Q C: aS @ a 'ca o In C: o m o! `P � `r '� U Z -o Q C).o °' m is F o F-- n. >,H o c t— 'c cn CU z C) > u°i x UtL � X. m � � � U y � c mH o m F- w 'c W N ai W a ai c o ei -Y a!c � � Q.o .c `o o a > o W o a co O CO 9 m Y N 7 (O ` N N p>Nj ,C f .-1 0 (O 2i 0 V m C)� CO Y r CO LL (O M > U-) E N N M C} PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER(Name and Address): Omdahl Excavation&Utilities, Inc. 659 Morning Mist Road Manhattan, MT 59741-8556 SURETY (Name and Address of Principal Place of Business): The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 OWNER: City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771-1230 BID Bid Due Date: January 29,2019 Description:2019 Bozeman Stormwater Improvements City of Bozeman, Montana BOND Bond Number: 956624 Date (Not earlier than Bid due date): January 29, 2019 Penal sum Ten Percent of the Total Amount of the Bid $ 10%of Amount Bid (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY _Omdahl Excavation&Utilities, Inc. (Seal) The Ohio Casualty Insurance Company (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal B (e N� By: St afore— Signature(Attach Power of Attorney) �a(� Bryan D. Hall Pr in Name Print Name Er Let Attorney-in-Fact Title Title qj— Att Attest: //?�^ Aire Signature Marci Stoppel a2-Al /-11 Account Manager Title Title Note:Above addresses are to be used for giving any required notice.Provide execution by any additional parties, such as joint ventures, if necessary. EJCDC C-430 Bid Bond(Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal stun set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding r Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the IBidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier, or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute,then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term`Bid"as used herein includes a Bid,offer,or proposal as applicable. EJCDC C-430 Bid Bond(Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279350 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, RICHARD B.DEMING,JULIE A.BENNETT,TYLER P.DELANEY, WILLIAM R.PRICE,DEBBIE DUNEMAN,DONNA K.TUCEK,MARK COLLINS,BRYAN D.HALL.............................................................................................................................................................. all of the city of BOZEMAN ,state of MONTANA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttorney has been subscribed byan authorized officer orofficial of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March 2012, >+ t> American Fire and Casualty Company ���s;at+x� JP`�y trrs�� ����� x���� ��,suww��� �yt AMFRi�9 The Ohio Casualty Insurance Company �+ c Q ' y �� �'�o �+aTf y Liberty Mutual Insurance Company aNi' U ar �roFnT=� > 1901 x Peerless Insurance Company aQi S :�L i SEAL ' o- SEAL in vs���Pa p oe„o aD �o QP= West American Insurance Company Z', = 0) G�41,y c Q �yl >� °�aAasac �FENE, �gkCE Cfl� >1 d ctf By: C 'Q O STATE OF WASH ss Gregory W.Davenport,Assistant Secretary L _ C, O COUNTY OF KING O 3 On this 29th day of March 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and W Ap_ Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being C E > authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C G. ca IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattled Washington,on the day and year first above written. Q CD G� O Washington, 0 O � No7nrty :, - By: ` = PUBLIC = KD Riley,Nota Public 3 M 60 r+ to c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws andAi lliorizations of American Fire and Casualty Company,The Ohio Casualty Insurance c Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: w Im in C' as ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject , O C to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :p 3 E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective as L. powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so >.a + L executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under t 0 . c the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. � > ARTICLE All-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, M 0 v and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their v V- respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 r executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bands,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 29 day of Jaruary ,20-L9—. RraiaTlt�D !T7 IVorsAr yc+ \SEr11.,Q� Q�Fr�I,1z .a�SF_SL,� David M.Carey,Assistant Secretary \ so Q Q4-ty c k aNto�yA ��a4xw aAcM�s txENE,t�� ONCE c POA-AFCC,LMIC,OCIC,PIC&WAIC LMS_12873_012012 NON-DISCRIMINATION AFFIRMATION FORM CITY OF BOZEMAN, MONTANA [name of entity submitting]hereby affirms itwiII not discriminate on the basis of race,color,religion,creed,sex,age,marital status,national origin,or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the 0'd' / r�`� ��,�,�1-1,41/vL,C,4name of entity submitting]employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. Signature of Bidder: Pers6n authorized to sign on behalf of the bidder Section 005 NON-DISCRIMINATION AFFIRMATION FORM Page 1 of 1 NOTICE OF AWARD 2019 Bozeman Stormwater Improvements DATED: �P,�Vitiyvt� I I �Olcj TO: Omdahl Excavation & Utilities, Inc. ADDRESS: 659 Morning Mist Rd. Manhattan, MT 59741 PROJECT: 2019 Bozeman Stormwater Improvement Project CONTRACT FOR: Installation of two(2)stormwater treatment units(units) located one-half block south of the following intersections: W. Mendenhall St. and N. Black Ave. and W. Mendenhall St. and N. Bozeman Ave.The 2019 Bozeman Stormwater Improvements (Project)generally includes: 1. Traffic control 2. Excavating and uncovering existing storm mains within project extents 3. Adjusting existing utilities to accommodate work 4. Setting and connecting two (2) units to existing storm mains and manholes 5. Backfilling, compacting, and restoring disturbed areas 6. All related work incidental to construction You are notified that the City of Bozeman (Owner) has considered your bid opened on January 29, 2019, for the above Contract. The Owner has determined that you are the apparent successful bidder and is awarding you the Contract for the 2019 Bozeman Stormwater Improvement Project. The price of your Contract is: One Hundred Thirty-Six Thousand Two Hundred and Thirty Dollars ($136,230.00). You must comply with the following conditions within fifteen (15)days of the date of this Notice of Award, that is, by RC4o 2L , aol!�l You must deliver the following to the Owner before the aforementioned date: 1. Four (4) executed counterparts of the Agreement Form, including all Contract Documents and Drawings. 2. Executed Agreement Form, Payment Bond, and Performance Bond as specified in the Instructions for Bidders and General Conditions. 3. Certificates of Insurance as specified in the Supplementary Conditions (paragraphs SC-5.04 and SC- 5.06). Failure to comply with these conditions within the time specified will entitle the Owner to consider your bid abandoned, annul this Notice of Award, and declare your Bid Security forfeited. The Owner will return to you two fully signed counterpart of the Agreement with the Contract Documents attached within ten (10) days after you comply with these conditions. CITY OF BO E M TANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) ,�' �•.$�? A DATE: I( (� ti• �"� �t •'�`� Y 1883 �' Section 006 9 '•� •• NOTICE OF AWARD Lq rIN CO ��O' Page 1 of 1 AGREEMENT FORM 2019 Bozeman Stormwater Improvements THIS AGREEMENT is dated as of the 84+, day of P)', in the year 2019, by and between the City of Bozeman, hereinafter called OWNER, and Omdahl Excavation &Utilities, Inc., hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project Work is generally described as follows: Installation of two hydrodynamic separator stormwater treatment units in downtown Bozeman. The contract includes supplying and installing the structures, site restoration, traffic control, and all other items incidental to construction. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2019 Bozeman Stormwater Improvements. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 14 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five-hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of One Hundred Thirty-Six Thousand Two Hundred and Thirty Dollars ($136,230.00). Section 007 AGREEMENT FORM Page 1 of 5 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as they deem necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. Section 007 AGREEMENT FORM Page 2 of 5 6.4 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that they have discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.5 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of Work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement(if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions for Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Specifications and Measurement and Payment. 7.11 Storm Water Pollution Prevention Plan &Attached Documents. 7.12 Montana Public Works Specifications,Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 with addenda (by reference). 7.13 Appendices. 7.14 Addenda listed in the Bid Forms. 7.15 CONTRACTOR'S executed Bid Forms. 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.17 Notice of Award. 7.18 Notice to Proceed. 7.19 Any modification, including Change Orders, duly delivered after execution of Agreement. Section 007 AGREEMENT FORM Page 3 of 5 7.20 Any Notice of Partial Utilization. 7.21 Notice of Substantial Completion. 7.22 Notices of Final Completion and Acceptance. 7.23 Non-Discrimination Affirmation Form. 7.24 Project Drawings. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and their partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet their interest or obligations hereunder without written consent of the other party.The OWNER reserves the right to withdraw at anytime from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. ** End of Agreement Form Except for Signatures** Section 007 AGREEMENT FORM Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement Form the day and year first above written. / (CONTRACTOR) V r,( ��--.. (��- - By: Title: (JOINT VENTURE) By: Title: City of Bozeman (OW ER) By: (CITY MANAGER) Seal: 130Z rJ ♦ ^+ Attest: APPROVED AS TO FORM: y. . . . . o (CITY ATTORNEY) Section 007 AGREEMENT FORM Page 5 of 5 PERFORMANCE BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. I CONTRACTOR(Name and Address): SURETY(Name,and Address of Principal Place of Business): Omdahl Excavation&Utilities, Inc. The Ohio Casualty Insurance Company 659 Morning Mist Road 62 Maple Avenue f Manhattan, MT 59741-8556 Keene, NH 03431 OWNER(Name and Address): City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771 CONTRACT Effective Date of Agreement: F Amount:$136,230.00(One Hundred Thirty Six Thousand Two Hundred Thirty Dollars and 00/100) j Description(Name and Location): 2019 Bozeman Stormwater Improvement Project City of Bozeman, Montana BOND Bond Number:67S200885 Date(Not earlier than Effective Date of Agreement): 3 je/1 zt q Amount: $136,230.00(One Hundred Thirty Six Thousand Two Hundred Thirty Dollars and 00/100) ! Modifications to this Bond Form: NA i Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL, SURETY Omdahl Excavation&Utilities. Inc. (Seal) The Ohio Casualty Insurance Company (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: A, By: (!Rignfure Signature(Attach Power of Attorney) ^di^6eJ,7(,�� Ll( Bryan D. Hall Pit Name Print Name Attorney-In-Fact Titlee Title 13 Attest: /f� Attest; i; Signature Signature arci Stoppel S✓r(l, Acr-J. ' .iY,aP! Surety Account Manager II Title T Title Note: Provide execution by additional parties,such as joint venturers, if necessary. G EJCDC C•610 Performance Bond Prepared by the Engineers.1oint Contract Documents Committee. Page 1 of 3 1 I Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract,Surety and Contractor have no obligation under this Bond,except to f participate in conferences as provided in Paragraph 2.1. 2. 1f there is no Owner.Default,Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner,Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract,but such an agreement shall not waive Owner's right,if any,subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1;and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract;or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly,and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors;or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract,arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and 4 payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or t3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined,tender payment therefor to Owner;or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond,and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the ( payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be u f entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract,and if Surety elects to act under �I Paragraph 3.1, 3.2,or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond,but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3;and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors,administrators,or successors. 6 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders,and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on p behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived,to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms i thereof. FOR INFORMATION ONLY—(Nate,Address and Telephone) Surety Agency or Broker:First West, Inc., 1905 Stadium Dr.,Bozeman,MT 59715,406-587-5111 Owner's Representative(L`rtgineer or other party): KTCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 PAYMENT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Omdahl Excavation&Utilities, Inc. Business): 659 Morning Mist Road The Ohio Casualty Insurance Company Manhattan,MT 59741-8556 62 Maple Avenue OWNER(Ararne and Address): Keene, NH 03431 City of Bozeman, Montana PO Box 1230, Bozeman,MT 59771 f CONTRACT IEffective Date of Agreement: Amount: $136,230.00(One Hundred Thirty Six Thousand Two Hundred Thirty Dollars and 00/100) Description(Name and Location):2019 Bozeman Stormwater Improvement Project City of Bozeman, Montana BOND Bond Number:67S200885 Date(Not earlier than Effective Date of Agreement): ?)I$ /1 h Amount:$136,230.00(One Hundred Thirty Six Thousand Two Hundred Thirty Dollars and 00/100) Modifications to this Bond Form: NA Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Omdahl Excavation&Utilities, Inc. (Seal) The Ohio Casualty Insurance Company ^T (Seal) Contractor's Name and Corporate Seal Surety's Naine and Corporate Seal By: By: gnartire Signature(Attach Power of Attorney) _1�L L Bryan D. Hall Pri t' wAoe Print Name Attorney-In-Fact Title Title Attest: Attest: -- Signature Signature M arci Stoppel Sl/rr} - Pla r Surety Account Manager Title Title Note: Provide execution by additional parties,.such as joint venturers, if necessary. it FJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 7 of 3 h I� 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and i 2.2 Defends, indemnifies, and holds harmless Owner from all claims,demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment i for use in the performance of the Contract, provided Owner has promptly notified Contractor and ISurety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly,for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (.at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim.. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied,or for whom the labor was done or performed;and 2. have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly;and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. F,JCDC C-615 Payment Bond Prepared by the Engineers Joint contract Documents Committee. li Page 2 of 3 If1 f I 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be deemed deleted lierefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor,to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lice may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied not,waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address,and Telephone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr.,Bozeman,MT 59715,406-587-5111 Owner's Representative(En ineer or other): I. I I kJCAC C-61$Payment Mond Prepred by the Engineers Joint Contract Docurnents Comnuttee. Page 3 or3 I F THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279355 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY I KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of II the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, RICHARD B.DEMING,JULIE A.BENNETT,TYLER P.DELANEY, WILLIAM R.PRICE,DEBBIE DUNEMAN,DONNA K.TUCEK,MARK COLLINS,BRYAN D.HALL. ............................................................................................................................................................. all of the city of BOZEMAN ,state of MONTANA each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF,this Power ofAttorney has been subscribed byan authorized officeror official of the Companies and the corporate seals ofthe Companies have been affixed thereto this 29th day of March 2012 American Fire and Casualty Company #,tip lq :y 'I'l1N&�j �uytrssU �agURgyC ZAmp . y �a� The Ohio Casualty Insurance Company y o ccaoa�TF U ��OrF r 9 4 �_r °xarE Liberty Mutual Insurance Company m _ ar `vco 1912 o' Teo 1901 PeerlessI C Insurance Company CI n SEAL y SEAL a z SEALP y N � R �,,yx H1o*� *ASSA h gHCEca� WestAmerican Insurance Company trYco A C By: Gregory W.Davenport,Assistant Secretary �- STATE OF WASHINGTON ss = o COUNTY OF KING — O v d On this 29th day of March 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and �+W p 0 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being d d > authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G E CL d 3 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and lyear rfirst above written. Q M O L - i NOTARY 'i = BY: Q1 C ` Puauc ! KID Riley,Notali Public 3 CCIL e ` This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and dutfiorizations ofAmerican Fire and Casualty Company,The Ohio Casualty Insurance t c CN Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: Ca) ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject , Q C to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :a acknowledge and deliver as surety any and all undertakings,bands,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective '�y �-' powers of attomey,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so > executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under t V v the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. +-�w ARTICLE All-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, -L-CV) 0 v and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, O o seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their V respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W. Davenport,Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct N copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 g�G�B Ftt,� Pti�Y tH37j�, �Up,LiV9d$q#c�. �`ti'llRfiyZ,�, ��S AMl:f(��•9 � �ao2at 12) Q��ca¢at F cn z� S' Caro tperort��y �� lacoxruru W 1901 a _ By: David M.Carey,Assistant Secretary POA-AFCC,LMIC,OCIC,PIC&WAIC LMS 12873—012012 y — OMDAEXC-01 MSTOPPEL A C� DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NONT CT Marci Stoppel, CISR First West,Inc. a/c°,Nry,Ft):(406)922-6030 a/c,No (406)587-9162 IP.O. Box 1800 Bozeman, MT 59771 E oRlEss:mstoppel@lstwestinsurance.com INSURERS AFFORDING COVERAGE NAIC# _ INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:Montana State Fund 15819 Omdahl Excavation&Utilities, Inc. INSURERC: 659 Morning Mist Rd INSURERD: Manhattan, MT 59741-8556 li INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LT TYPE OF INSURANCE p POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR X EPP 0024533 6/16/2016 6/15/2019 DAMAGE TO RENTED 500,000 PREMIS Ea occurrence $ MED EXP(Any one arson $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 E LOG PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY�Y OTHER: b CO A MBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY Ea accident) $ X ANY AUTO X EBA 0024533 5/16/2018 5/15/2019 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-AWNED PROPERTY AMAGE AUTOS ONLY AUTOS ONLY Per accdent $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 i EXCESS LIAB CLAIMS-MADE X EPP 0024533 5/16/2016 6/15/2019 AGGREGATE $ 1,000,000 y DED I X I RETENTION$ 0 $ I B WORKERS COMPENSATION X STRLITE ERH AND EMPLOYERS'LIABILITY 032643520 7/1/2018 7/1/2019 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A SOO,000 (Mand I story in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 600,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Leased/Rented EPP 0024533 5/16/2016 6/16/2019 Limit 200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Re,rerks Schedule,may be attached if more space is required) Byron&Bev Omdahl are excluded from Workers Compensation coverage. Re:2019 Bozeman Stormwater Improvement Project Certificate holder,Owner,and Engineer and Engineer's Conisultants are additional insured for General Liability,provided requirement is part of a written agreement currently in effect,per conditions and limitations of policy form GA233MT 05-10 available upon request. Certificate holder is additional insured for Auto Liability,provided requirement is part of a written agreement currently in effect,per terms and conditions of policy form AA4171 1106 available upon request. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bozeman Engineering Dept&Engineers Consultants THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 9 p 9 ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Olive St Bozeman,MT 59715 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:OMDAEXC-01 MSTOPPEL LOC#: 1 ACORL7 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED First West, Inc. Omdahl Excavation&Utilities, Inc. 659 Morning Mist Rd POLICYNUMBER Manhattan,MT 59741-8556 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations[Vehicles: Certificate holder is additional insured for Umbrella Liability, provided requirement is part of a written agreement currently in effect, per terms and conditions of policy form US101 UM 12-04 available upon request. 45 Days cancellation notification provided per terms and conditions of policy form IA4087 08-11 available upon request. Contractural Liability is provided per terms and conditions of policy form GA101 12-04 available upon request. i I i d ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -----1 MSTOPPEL ACORO" DATE(MM/DD/YYYY) EVIDENCE OF PROPERTY INSURANCE F2/26/2019 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY (PA, HUNL,Ext):(4O6)587-5111 COMPANY Cincinnati Insurance Company First West,Inc. P.O.Box 1800 PO Box 145496 Bozeman,MT 59771 Cincinnati,OH 45250-5496 FAY No):(406)587-9162 ADDRESS:frontdesk@lstwestinsurance.com CODE:25006 1SUB CODE: _CGENCY USTOMER ID#:OMDAEXC-01 INSURED Omdahl Excavation&Utilities,Inc. LOAN NUMBER POLICY NUMBER 659 Morning Mist Rd. Manhattan,MT 59741-8556 EFFECTIVE DATE EXPIRATION DATE 2/26/2019 2/26/2020 CONTINUED UNTIL TERM NATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION W Mendenhall&N Black W Mendenhall&N Bozeman Bozeman,MT 59715 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED I I BASIC BROAD I X I SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk Limit $136,200 $2,500 Earthquake $136,200 $6,812 Flood $136,200 $50,000 REMARKS(Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS X ADDFFIONAL INSURED H LENDER'S LOSS PAYABLE LOSS PAYEE MORTGAGEE LOAN# City of Bozeman,Montana PO Box1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE ACORD 27(2016103) @ 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Standard General Conditions of the Construction Contract CITY OF BOZEMAN, MONTANA The following document shall be made a part of the Contract Documents: 1. Montana Public Works Standard Specifications Sixth Edition ■ Standard General Conditions of the Construction Contract o Section C-700, 2007 Edition Section 010 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Page 1 of 1 Page 1 of 13 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC -2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC —2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC -2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 2 of 13 SC- 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.S.c. SC -4.01 AVAILABILITY OF LANDS Add to Paragraph 4.0l.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.13 and replace with Special Provisions. Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 3 of 13 SC-4 03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC- 4.04-UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such Y underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS J Page 4 of 13 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory C. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 5 of 13 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.13.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 6 of 13 SC- 5.04.13.5 CANCELATION NOTICE Amend paragraph 5.04.13.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.13.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: I. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 7 of 13 6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06. C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.13: Regular working hours are defined as 8:00AM. To 5:OOP.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments willbe acceptable to Engineer asproviding an o r d e r 1 y progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 8 of 13 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13.17 of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also b e responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. h I. The Contractor shall conduct his work so as to interfere as little as possible with h public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before h interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS II I Page 9 of 13 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, 1 o a d i n g and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 10 of 13 equipment rental rates will be negotiated prior to t h e work being Iperformed. 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: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14 02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: E Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will b e deducted from subsequent payments. Beginning with the s e c o n d application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Y Page 11 of 13 E SC -14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 o f the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14 03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including F property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will h not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in Section 011 q SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS i i Page 12 of 13 Accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the i entire work will be done in accordance with General Conditions 14.04. Guarantee I periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. I SC-16.01 DISPUTE RESOLUTION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and ia copy will be sent to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.0 below, no mediation arising of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 13 of 13 any other person or entity (including Engineer, Engineer's Consultant and the Officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph;but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 13, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation h between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing in this paragraph SC-16.0 1.0 nor in the provision of such subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. SC-17.01 GIVING NOTICE N t Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to G Contractor will be mailed or delivered. The mailing address for giving notices to Owner @p given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. f END OF SECTION 00810 P Section 011 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2018 Effective: January 27, 2018 Steve Bullock, Governor State of Montana Galen Hollenbaugh, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments, and suggestions from the public. In addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay(as a minimum)the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406)444-5549. In addition,this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at(406)444-5600 or TDD (406) 444-5549. GALEN HOLLENBAUGH Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... 3 B. Definition of Heavy Construction ................................................................................................................ 3 C. Definition of Public Works Contract .......................................................................................................... 3 D. Prevailing Wage Schedule ..................................................................................................................... 3 E. Rates to Use for Projects ........................................................................................................................ 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ..................................................................................................................................... 4 H. Dispatch City ........................................................................................................................................ 4 I. Zone Pay ............................................................................................................................................ 4 J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem ............................................................................................................................................ 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ..................................................................................................................................... 5 R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BOILERMAKERS ......................................................................................................................................... 6 BRICK, BLOCK, AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 7 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ......................................................................................................I...................... 7 OPERATORSGROUP 2 ............................................................................................................................ 7 OPERATORSGROUP 3 ............................................................................................................................ 8 OPERATORSGROUP 4 ............................................................................................................................ 8 OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 9 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 9 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERSGROUP 3 ............................................................................................................................ 10 LABORERSGROUP 4 ............................................................................................................................ 10 DIVERS .................................................................................................................................................... 10 DIVERTENDERS ........................................................................................................................................ 11 ELECTRICIANS ............................................................................................................................................................ 11 HEATINGAND AIR CONDITIONING ...................................................................................................................................... 11 INSULATION WORKERS -MECHANICAL(HEAT AND FROST) ........................................................................... 12 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 12 LINE CONSTRUCTION EQUIPMENTOPERATORS .......................................................................................................................... 12 GROUNDMAN ........................................................................................................................................... 12 LINEMAN ...................................................................................................................I.............................. 13 MILLWRIGHTS ............................................................................................................................................ 13 PAINTERS ............................................................................................................................................................ 13 PILEBUCKS ............................................................................................................................................... 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS ............................................................................................ 14 SHEETMETAL WORKERS ........................................................................................................................... 14 SOLARPHOTVOLTAIC INSTALLERS ................................................................................................................................ 14 TRUCKDRIVERS .................................................................................................................................................................. 15 2 A.Date of January 27,2018 B.Definition of Heavy Construction The Administrative Rules of Montana(ARM),24.17.501(4)—(4)(a),states "Heavy construction projects include, but are not limited to, 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 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),fish hatcheries,flood control projects, industrial incinerators (other than building), irrigation projects,jetties, 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),pipe lines,ponds,pumping stations(prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc), shoreline maintenance, 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, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells." C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines"public works contract"as "...a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000... . D.Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication.Current prevailing wage rate schedules for Building Construction,Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. E.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." r I 5 i� ;i 3 i G. Fringe Benefits Section 18-2-412,MCA states: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amount offringe benefits and the basic hourly rate ofpay that is part of the standard prevailing rate of wages f directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that f meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved Iby the U. S. department of labor; or (c)make payments using any combination of methods set forth in subsections (])(a) and(1)(b)so that the aggregate of ! payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel ! allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund,plan, or program described in subsection (1)(b)must provide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor." Fringe benefits are paid for all hours worked(straight time and overtime hours). However,fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime,unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM,24.17.103(11),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula." I.Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...an amount added to the base pay;the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." JSee section H above for a list of dispatch cities. J. Computing Travel Benefits ARM,24.17.103(22),states " `Travel pay,'also referred to as `travel allowance,'is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job." See section H above for a list of dispatch cities. K.Per Diem ARM,24.17.103(18),states " `Per diem'typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer." L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2),MCA states, "...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406,MCA,provides that contractors,subcontractors,and employers who are "...performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N.Employment Preference Sections 18-2-403 and 18-2-409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked,whether the public I works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2)Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" P.Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: hqp://www.bls.gov/oes/currentloes stru.htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However,if a foreman performs journey level work,the foreman must be paid at least the journey level rate. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: $30.25 $30.30 0-120 mi. free zone >120 mi. federal mileage rate/mi. Duties Include: Construct, assemble, maintain, and repair stationary Special Provision: steam boilers, boiler house auxiliaries, process vessels, Travel is paid only at the beginning and end of the job. pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Per Diem: 0-70 mi. free zone >70-120 mi. $55.00/day >120 mi. $70.00/day T Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $31.07 $13.90 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day T Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $13.07 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents 6 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $21.73 $10.51 0-30 mi. free zone >30-60 mi. base pay+$2.95/hr. Duties Include: >60 mi. base pay+$4.75/hr. Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. p Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $26.41 $12.20 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane,A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. j Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $27.20 $12.20 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+ $5.50/hr. Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving 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, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts&Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing/Screening Plant T Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $28.45 $12.20 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt Paving Machine; Asphalt Screed- Back h oe\Excavator\S hovel, over 3 cu. yds; 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 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $29.45 $12.20 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $30.45 $12.20 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 45 tons up to and incl. 74 tons. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $31.45 $12.20 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley(All). T Back to Table of Contents g CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $32.45 $12.20 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. i Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $21.58 $9.99 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. >60 mi. base pay+$4.85/hr. j Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.40 $9.99 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. General Labor;Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. j Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.54 $9.99 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster (excluding all surface preparation work for paint); Sod Cutter-Power and Tamper. j Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $26.01 $9.99 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws(Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock& Core Drill; Track or Truck Mounted travel. Wagon Drill and Welder incl. Air Arc. j Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $37.58 $16.14 0-30 mi. free zone Diving $75.16 $16.14 >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. j Back to Table of Contents 10 DIVER TENDERS Wage Benefit Zone Pay: $36.58 $16.14 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. ' Back to Table of Contents ELECTRICIANS Wage Benefit Travel: $32.74 $13.84 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day j Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: $28.04 $17.38 0-50 mi. free zone >50 mi. Duties Include: 0 $0.25/mi. in employer vehicle. Testing and balancing, commissioning and retro- 0 $0.65/mi. in employee vehilcle. commissioning of all air-handling equipment and duct work. Per Diem: $65/day Back to Table of Contents I1 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $34.17 $19.47 0-30 mi. free zone >30-40 mi. $20.00/day Duties Include: >40-50 mi. $30.00/day Insulate pipes, ductwork or other mechanical systems. >50-60 mi. $40.00/day >60 mi. $45.00/day plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $80.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. T Back to Table of Contents IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $24.54 0-45 mi. free zone >45-85 mi. $55.00/day Duties Include: >85 mi. $85.00/day Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. T Back to Table of Contents LINE CONSTRUCTION—EQUIPMENT OPERATORS Wage Benefit Travel: $34.02 $14.41 No Free Zone $60.00/day Duties Include: All work on substations j Back to Table of Contents LINE CONSTRUCTION—GROUNDMAN Wage Benefit Travel: $26.56 $13.56 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents 12 LINE CONSTRUCTION—LINEMAN Wage Benefit Travel: $44.41 $15.54 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $13.07 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents PAINTERS Wage Benefit Travel: $25.05 $16.72 No mileage due when traveling in employer's vehicle. Duties Include: The following travel allowance is applicable when All surface preparation for paint. traveling in employee's vehicle: No free zone. $0.60/m i. Per Diem: $80.00/day T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $29.00 $13.07 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. Duties Include: >60 mi. base pay+$6.00/hr. Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. T Back to Table of Contents 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $35.16 $17.86 0-70 free zone >70 mi. Duties Include: ■ On jobs when employees do not work Assemble, install, alter, and repair pipe-lines or pipe consecutive days: $0.55/mi. if employer doesn't systems that carry water, steam, air, other liquids or provide transportation. Not to exceed two trips. gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may ■ On jobs when employees work any number of also install heating and cooling equipment and consecutive days: $100.00/day. mechanical control systems. j Back to Table of Contents SHEET METAL WORKERS Wage Benefit Travel: $28.04 $17.38 0-50 mi. free zone >50 mi. Duties Include: ■ $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehicle commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, Per Diem: dismantling, and alteration of all HVAC systems, air $65.00/day veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. t Back to Table of Contents SOLAR PHOTOVOLTAIC INSTALLERS Wage Benefit Travel: $32.74 $13.84 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-08 mi. free zone >08-50 mi.federal mileage rate/mi. in excess of the free zone. >50 mi. $66.00/day T Back to Table of Contents 14 TRUCK DRIVERS Wage Benefit Zone Pay: Pilot Car Driver $24.85 $9.42 All Districts Truck Driver $28.88 $9.42 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. Truck drivers include but are not limited to: >60 mi. base pay+ .$4.85/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment;Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. r Back to Table of Contents i 15 SPECIAL PROVISIONS CITY OF BOZEMAN, MONTANA 1. GENERAL The work to be performed under this Contract involves installing two hydrodynamic separator stormwater treatment manholes in downtown Bozeman. The Contract shall include supplying and installing the manholes, site restoration, traffic control, and all other items incidental to construction. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition (MPWSS), and as further modified by the City of Bozeman Modifications to MPWSS, Sixth Edition, which is hereby included as part of these Special Provisions. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or their designated representatives as identified at the preconstruction conference. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractor's risk at no cost to the City of Bozeman. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. AWARD OF CONTRACT If the Contract is awarded, the City of Bozeman will award a single Contract in accordance with the Instructions for Bidders. Bidders shall submit a Bid for all Bid Schedules on a unit price basis for each item of Work listed as provided and described above. The City of Bozeman reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the City of Bozeman on the basis of that Bid from the lowest, responsive, and responsible Bidder which, in the City of Bozeman's sole and absolute judgment, will best serve the interest of the City of Bozeman. The low Bidder will be determined on the basis of the lowest Total Combined Schedule 1 Bid. The award of the Contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest, responsive, and responsible Bidder who's 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 their Bid has been accepted and that they have been awarded a Contract. Section 013 SPECIAL PROVISIONS Page 1 of 12 3. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written Notice to Proceed written by the City Engineer to the Contractor. In establishing the date when Contract Time begins,the Engineer will consider that the Contract time begins following delivery of the Notice to Proceed. A separate Notice to Proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single Contract, the Contract times shall run concurrently, unless the City of Bozeman agrees to issue a separate Notices to Proceed. The Contract Time will expire automatically after the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 4. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the City of Bozeman shall be entitled to liquidated damages for failure of the Contractor to complete the work within the specified Contract time. The Contractor agrees to pay liquidated damages for compensation to the City of Bozeman for expenses incurred by the City of Bozeman during the Contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated 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. S. COST LIMITATIONS The City of Bozeman reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the City of Bozeman. 6. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the City of Bozeman. No substitutions will be considered until after Contract award. Section 013 SPECIAL PROVISIONS Page 2 of 12 7. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the City of Bozeman or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which they contemplate using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the City of Bozeman. 8. CONTRACTOR'S QUALIFICATIONS The Contractor shall show evidence that they have the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full-time resident General Superintendent on the job at all times while the work is in progress. They shall be in a position to direct the work and make decisions either directly or through immediate contact with their superior. Absence or incompetence of the superintendent shall be reason for the City of Bozeman to stop all work on the project. 9. WARRANTY If,within two years after acceptance of the work by the City of Bozeman,any of the work is found to be defective or not in accordance with the Contract Documents,and upon written notice from the City of Bozeman, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time,the City of Bozeman may correct the work at the expense of the Contractor. 10. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due to the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. Section 013 SPECIAL PROVISIONS Page 3 of 12 The Contractor shall limit working hours to 8:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 11. PRECONSTRUCTION CONFERENCE After the Contract(s) have been awarded, but before the start of construction, a conference will 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 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 City of Bozeman to discuss the project and any problems anticipated. 12. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the City of Bozeman will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements,schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review,Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 13. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the owners of underground utilities such as the City, County, power and telephone companies,etc.as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate their work with the agencies and to keep them informed of their construction activities so that these vital installations are fully protected at all times. A Montana One-call system,phone number 1-800-424-5555 has been set up to facilitate requests for underground facility locate information. The Contractor is responsible for contacting the One- Section 013 SPECIAL PROVISIONS Page 4 of 12 call system prior to any excavation. 14. EASEMENTS, RIGHTS-OF-WAY,ADJOINING PROPERTY The Contractor shall contain all of their construction operations within the easements and rights of way unless written approval is secured from the City of Bozeman of the adjoining property or written approval is given by the City of Bozeman to utilize the adjacent land area. 15. TRAFFIC CONTROL B. General. The Contractor shall at all times conduct their operations so that there is a minimum interruption in the use of the City of Bozeman's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets,roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The Traffic Control Plan shall be approved by the City of Bozeman prior to construction.The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. C. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. D. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with Section 013 SPECIAL PROVISIONS Page 5 of 12 suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. E. Notifications. The Contractor shall coordinate all of the Contractor's construction activities to minimize conflicts at the work site, off-site events, or other construction projects nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police, Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service, and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven (7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. F. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. G. Work Methods. 1.The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2.The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered.The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the Section 013 SPECIAL PROVISIONS Page 6 of 12 movement of traffic or an emergency hazard to life and/or property, the City of Bozeman may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet "Instructions to Flagpersons" published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7.The Contractor shall schedule the work to minimize inconvenience to the City of Bozeman and to adjacent property owners and to minimize interruptions to utility service and through traffic.The Contractor shall maintain vehicular access to local businesses at all times. Work shall be scheduled so as to minimize disruptions to local mail and freight delivery. The Contractor shall maintain vehicular access to residences able to be used after each shift. Street closures shall be closures to through traffic with local traffic allowed. Provide channelization,flaggers, or other measures necessary to allow the safe passage of local vehicles to access residences that are within the work zone but not blocked by construction. Notify all residents at least 24 hours in advance of any access restrictions for individual approach or street closures. Schedule work such that individual approach closures last no more than a single shift. The Contractor shall utilize whatever means they deem necessary to allow traffic on driveway curbs and aprons a maximum of 10 days after they are poured unless approval is specifically granted by the home owners to leave them closed for a longer period of time. The Contractor will be responsible for any cracking or broken sidewalk that may result from use of the driveways. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 16. DISPOSAL, EROSION,WATER POLLUTION,AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils, materials, and slurries unless otherwise directed herein. Where waste materials are disposed on private property not owned Section 013 SPECIAL PROVISIONS Page 7 of 12 by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. This project is less than one acre in area and therefore a Construction Stormwater Permit(Permit) for Sites Less than One Acre is required to be submitted to the City of Bozeman Stormwater Division. Compiling and submitting the Permit is the responsibility of the Contractor. This Permit must be approved by the City of Bozeman prior to any construction activities. The Contractor shall exercise all reasonable precautions throughout the life of the project to prevent pollution or siltation of the City of Bozeman's stormwater system, rivers, streams or impoundments. Pollutants such as chemicals, slurries, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into the city stormwater system or into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule their operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Montana DEQ, Department of Fish,Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Quality Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. All debris or waste materials shall be cleaned up by the end of the work day. The Contractor is responsible for required Permit inspections, corrective actions, and documentation as well as BMP installation, inspections, maintenance, and removal upon project final stabilization. 17. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at their expense, in a manner as directed by the Engineer. 18. MANHOLES,VALVE AND MONUMENT BOXES All manholes,valve and monument boxes shall be protected with heavy builder's paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the Section 013 SPECIAL PROVISIONS Page 8 of 12 defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City of Bozeman for emergency maintenance of its utilities.The Contractor shall schedule their 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 of Bozeman crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City of Bozeman. 19. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 20. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this Contract shall remain the property of the City of Bozeman. Should the City of Bozeman choose not to accept any salvageable items, then the Contractor shall dispose of those items at their expense at a site or landfill acceptable to the engineer. Any costs for the above referenced work shall be at the Contractor's expense. 21. ACCESS TO RECORDS The Contractor shall allow access to any books,documents, papers and records which are directly pertinent to this Contract by the City of Bozeman, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 22. INSURANCE Insurance coverage required under this Contract shall extend, at a minimum, to the end of the Contract time. 23. FLOWABLE (NONSHRINK) BACKFILL Flowable backfill shall be used to backfill all trenches within the scope of this project. Flowable fill shall extend from the top of the pipe bedding to the bottom of the concrete/asphalt grade. Section 013 SPECIAL PROVISIONS Page 9 of 12 All flowable (no shrink) backfiII shall meet the following MDOT specifications: E. Flowable Fill. Flowable fill is a mixture of Portland cement,fly ash,fine aggregate,air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is required for the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill. TABLE 551-1 FLOWABLE FILL MIX DESIGN GUIDE MATERIALS EXCAVATABLE NON-EXCAVATABLE Cement, Type I or II 75.6-102.6 Ib/yd3 75.6-151.2 Ib/yd3 (45-60 kg/m3) (45-90 kg/m3) Fly Ash None 151.2-596.7 Ib/yd3 (90-355 kg/m3) Water Mix designs must produce a Mix designs must produce a consistency that results in a consistency that results in a flowable, self-leveling flowable, self-leveling product at time of product at time of replacement. replacement. Air 5%to 35% 5%to 15% Unit Weight(Wet) 2,430-2,970 Ib/yd3 2,700-3,375 Ib/yd3 (1,440-1,760 kg/m3) (1,600-2,000 kg/m3) Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness modulus requirement. High air generators or foaming agents may be used in lieu of conventional air entraining admixtures and may be added at the jobsite and mixed in accordance with the manufacturer's recommendation. The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. Proportion fine aggregate to yield 1 cubic yard (1 cubic meter). 24. PROTECTION OF TREES,SPRINKLER SYSTEMS,AND PROPERTY PINS Prior to initiation of any excavation or removal of existing curb, the Contractor shall cut all tree roots at the back limits of excavation with a Vermeer root cutter or other similar machine capable of cutting the roots in a neat clean, fashion from existing ground to subgrade elevation. Indiscriminate ripping of tree roots will not be permitted. The method and equipment to be used shall be submitted to the Engineer for approval prior to the start of work. In addition, the Section 013 SPECIAL PROVISIONS Page 10 of 12 Contractor shall take special care when working around trees to avoid any unnecessary damage to the branches or the trunks of trees. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 25. UNSCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS One City of Bozeman Water/Sewer Operations Department service worker will be available 7:15 AM till 5:15 PM Monday-Friday with the exception of City of Bozeman recognized holidays,when water and sewer main replacement work is required. Work scheduled outside these times with less than 24 hours' notice will be billed at 1.5 times the service worker's base pay rate of$ 28.00 per hour. Call outs (emergency response with no notice) will be billed 2 hours double the employee's base rate. Each succeeding hour thereafter 1.5 times the base rate. The Contractor is required to respond to affected property owners within the project and resolve complaints/issues that are raised. If the City of Bozeman is contacted due to non-responsiveness on the part of Contractor, the City of Bozeman will resolve the issue and charge the Contractor for its time at the rates provided for in this section. 26. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement,including an allowance for time lost due to abnormally cold weather,abnormal precipitation, or other natural phenomena. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5%of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 —year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 27. CONSTRUCTION TRAFFIC ROUTES To the greatest extent possible, the Contractor shall utilize the arterial and collector streets in the area for access to and from the site. This includes general construction traffic in addition to the transport of equipment and materials to and from the site. The streets in the area that meet Section 013 SPECIAL PROVISIONS Page 11 of 12 this designation include; Main Street, Willson Avenue, South Church Avenue, North 7th Avenue, Baxter Lane, and Rouse Avenue. The Contractor shall receive prior approval from the Engineer in order to use any local residential streets for a short term construction traffic route. 28. CONSTRUCTION STAKING The Contractor will be responsible for all layout for construction. The Contractor will be provided with an electronic version of the plans in AutoCad format and scalable hard copies of the Contract drawings. Discrepancies between drawings, specifications, and existing conditions shall be referred to the Engineer for adjustment before work is performed. Existing Control. The baseline survey on this project is a compilation of survey work completed in January 2018 by Sanderson Stewart and in September 2018 by the City of Bozeman. Construction Staking. Due to the nature of this project, construction staking by a licensed professional surveyor is not required. Prior to commencing the work, the Contractor shall carefully check all drawings that in any way impact the location or elevation of the work to be executed by them, and should a discrepancy be found,they shall immediately report the same to the Engineer for verification and adjustment. Any duplication of work made necessary by failure or neglect on the part of the Contractor to comply with this requirement shall be done at their sole expense. Section 013 SPECIAL PROVISIONS Page 12 of 12 Hydrodynamic Separators: Specification 02721 CITY OF BOZEMAN, MONTANA PART 1—GENERAL 1.1 Work Included A. Supply and install two (2) hydrodynamic separators designed to improve stormwater quality. The hydrodynamic separators shall consist of a pre-cast concrete manhole with fabricated internal components that separate, capture, accumulate, and store sediment,floatables, and hydrocarbons. PART 2—MATERIALS 2.1 Pre-Cast Concrete Manhole A. Provide a pre-cast reinforced concrete manhole manufactured in accordance with ASTM designation C-478. Reinforce the concrete slab top and provide manhole frame and manhole cover capable of withstanding H-20 loading. Use type 304 stainless steel masonry fixing bolts for mounting internal components. Provide interlocking concrete joints between all manhole sections, including a butyl rubber sealant. Pipe connections with manhole shall be secured with a PSX or A-Lok boot. 2.2 Bedding Material A. Provide Y4 inch minus screened and washed rock for bedding. 2.3 Internal Components A. Provide internal components designed to withstand loadings associated with fabrication, shipping, site installation, and normal operation of equipment. 2.4 Hydrodynamic Separators A. Provide hydrodynamic separators with stormwater pollutant removal efficiencies as certified by the Washington State Department of Ecology's Technology Assessment Protocol — Ecology (TAPE). Hydrodynamic separators shall meet TAPE's "Pretreatment" standards and have a "General" Use Level Designation. More information is available on the following webpage: i. https://ecology.wa.gov/Regulations-Permits/Guidance-technical- assistance/Stormwater-permittee-guidance-resources/Emerging- stormwater-treatment-technologies. B. Provide self-activating hydrodynamic separators with no mechanical parts or external power requirements. Section 014 HYDRODYNAMIC SEPARATORS:SPECIFICATION 02721 Page 1 of 4 C. Provide hydrodynamic separators in accordance with the lines, grades, and dimensions shown on the plans and specifications. D. Provide hydrodynamic separators that have sediment storage sumps beneath the vortex chamber to prevent the re-suspension of captured sediment. E. Provide hydrodynamic separators that can be inspected and maintained from the surface without requiring entry into the structures,with a minimum 21-inch diameter unimpeded access for cleaning the separators' storage sump. F. Provide hydrodynamic separators that remove sediment, floatables, and hydrocarbons during normal operation without the use of sorbent material. G. Provide hydrodynamic separators that retain previously captured sediment, floatables, and hydrocarbons during events where the activation of the overflow bypass occurs and up to the achievement of the maximum flow rate. H. Provide hydrodynamic separators that deliver a straight alignment with the existing storm sewer. I. Provide hydrodynamic separators that maintain existing storm sewer grades. J. Provide hydrodynamic separators that result in minimal disturbance to the existing storm sewer, adjacent utilities, sidewalk, and road surface. K. Hydrodynamic Separators A and B Parameters: i. Location: a. E. Main St. and N. Black Ave. (see plans) b. E. Main St. and N. Bozeman Ave. (see plans) ii. Maximum Flow Rate = 10.51 cfs iii. Peak Treatment Flow Rate= 3.8 cfs iv. Pre-Cast Concrete Manhole Diameter= 6 feet V. Minimum Sediment Storage Capacity= 2.1 cubic yards vi. Minimum Oil Storage Capacity: 263 gallons vii. Inlet Pipe Type =SDR-35 PVC viii. Inlet Pipe Size = 12-inch ix. Outlet Pipe Type =SDR-35 PVC X. Outlet Pipe Size = 12-inch L. Approved hydrodynamic separators include: i. Contech Engineered Solutions: Model CDS3035-6-C ii. The project engineer shall evaluate substitutions on an individual basis 2.5 Manhole Lid(s) Section 014 HYDRODYNAMIC SEPARATORS:SPECIFICATION 02721 Page 2 of 4 A. Provide manhole lid(s)with a W pick hole in lid to facilitate removal (prefabricated or drilled). B. The project engineer shall approve the manhole lid configuration, orientation, size, and quantity. C. The project engineer shall visually inspect and approve the manhole lid alignment to ensure adequate maintenance access before final setting. 2.6 Shop Drawings A. Submit for review, the proposed hydrodynamic separator units showing all components, subcomponents, and related items to be used to construct the unit. Show all materials, components, finishes, fastening, weld symbols, coatings, standards, etc. Include only manufacturer's standard details that pertain to this project. B. Submit for review, the proposed pre-cast manholes, including dimensions, concrete compressive strength, and all information applicable to installation. C. Provide the hydrodynamic separators' manufacturer contact information and supporting calculations or data to support head loss values, maximum flow rates, peak treatment flow rates, minimum sediment storage capacities,and minimum oil storage capacities. PART 3—EXECUTION 3.1 Delivery A. Provide fully fabricated hydrodynamic separators, and ship, handle, and store in accordance with the manufacturer's recommendations. B. Notify the project engineer before the planned installation to allow for inspection. 3.2 Installation A. Install the hydrodynamic separators in accordance with the manufacturer's recommendations. Carry out final adjustments required to assemble the units in accordance with the manufacturer's written instructions and project engineer's requests. 3.3 Testing A. Visual Inspection i. The project engineer shall visually inspect the hydrodynamic separators for structural integrity, water tightness, and workmanship. B. Hydrostatic Leakage test Section 014 HYDRODYNAMIC SEPARATORS:SPECIFICATION 02721 Page 3 of 4 i. Test concrete manholes for leakage by filling each manhole with water to invert out elevation of the structure. Measure the leakage by checking the water level drop in the manhole over a 4-hour period. Allow time to soak the manhole in advance of performing the test. The allowable leakage for manholes is 0.1 gal/hr/ft-dia/ft-head. ii. The project engineer shall witness and approve leakage tests. 3.4 Certificate of Completion A. Provide the project engineer with a Certificate of Completion guaranteeing that the materials and fabrications of the hydrodynamic separators comply with this section of the specifications. Section 014 HYDRODYNAMIC SEPARATORS:SPECIFICATION 02721 Page 4 of 4 Measurement and Payment CITY OF BOZEMAN, MONTANA The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract,the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101:(Taxes, Bonds, Insurance)To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent(5%), if any, payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102: (Mobilization) Fifty percent(50%)to be paid on the first progress estimate when mobilizing to begin construction, and fifty percent (50%) to be paid following substantial completion and acceptance of the work. Item 103: (Unclassified Excavation) Measurement and payment shall be on a lump sum basis for excavation as required to install Hydrodynamic Separation Units A and B as described in the Contract Plan Set.This bid item shall include excavation, removal,and disposal of native materials,groundwater, existing pipe,concrete and asphalt as encountered during excavation.This bid item shall also include all materials, labor, tools, and equipment necessary to complete the work. Item 104-105: (Hydrodynamic Separator Units A& B) Measurement and payment shall be on a lump sum basis to furnish and install Hydrodynamic Separation Units A and B as described in the contract specifications and Contract Plan Set. Payment shall include the cost to purchase,deliver and install the separation units, as well as all labor, equipment, and materials incidental to completion of this item. Item 106:(Flowable Fill) Measurement and payment shall be on a lump sum basis to furnish and place f Iowa ble backf ill in all excavations to the bottom of concrete/asphalt grade. Payment shall include the purchase, delivery and placement of the flowable fill as well as all equipment, labor, and materials necessary to complete this item. Item 107: (Site Restoration) Measurement and payment shall be on a lump sum basis. Payment shall include compensation for restoring the work areas to pre-existing condition, including: replacing Section 015 MEASUREMENT AND PAYMENT Page 1 of 2 asphalt, concrete, street signage, utilities, and any other infrastructure disturbed or damaged as a result of the completion of the contract work. It is the contractor's responsibility to determine the limits of disturbance necessary for completion of the work. The contractor shall be paid the lump sum bid amount for site restoration. No separate payment will be made if the limits disturbance and restoration extend beyond what the contractor initially anticipated. Item 108: (Traffic Control) Measurement and payment shall be as per MPWSS Section 01570-4.1. Item 109: (Miscellaneous Work)The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis.The number of units in dollars set down in the contract is an estimated amount only, which may be adjusted up or down by the Engineer in accordance with the needs of the project. 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Q W O CL .00) '� —0 t NO 3Epd Z Q ZJ LLJ Qo o, O mL rnE p c H H OCE c c N a N �- L L F:_ g 0 V)= " ° Z I 4 O m �E o ¢w Z C d H (ID, NOVViS ON100` U N C T o� w« C) 0 W W mo ¢ pc 0 ;° _z 0 0 c o ` o O j 0 C U Z .Lno v c� L) o o v ar vi v N y0N z :E Jy2 WQ D O CA Gi I 'c c ° � E SC au) D > a� n in v o 43 aato. -jJV)z 0 4 o Q N M Lz N i OQ � Q r o 4 (n w ar F2% T .. ro o_ ` xw oo a �N Section 016 STANDARD DRAWINGS Page 4 of 8 R9-11(L) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIDEWALK CLOSED 24"X18" SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY, SIDEWALK CLOSED 24"X18" R9-11(R) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" �. SIGN ® WORK SITE TRAFFIC DRUMS OR CONE CITY OF BOZEMAN SCALE: PEDESTRIAN TRAFFIC NO. 01570-7 NONE CONTROL FOR TEMPORARY FEB 2007 STANDARD DRAWING SIDEWALK CLOSURE Section 016 STANDARD DRAWINGS Page 5 of 8 i 5' 5 i N� R9-9 SIDEWALK CLOSED TEMPORARY ACCESS RAMP ADEQUATELY ; SUPPORTED FENCING I FENCING SIDEWALK ' CLOSED MUST MAINTAIN 4' CLEAR AREA i R9-9 BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF FENCING AS SHOWN MAY USED OBSTRUCTIONS FOR SHORT TERM (LESS THAN APPROPRIATE TRAFFIC 30 DAYS) INSTALLATION. MORE CONTROL PLAN MUST BE I PERMANENT STRUCTURES WILL BE USED FOR LANE CLOSURES REQUIRED FOR LONGER TERM. A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) i CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570-8 STANDARD DRAWING NONE WITH FEB 2007 DETOUR Section 016 STANDARD DRAWINGS Page 6 of 8 NOTE: WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIMUM OF 12" (30cm) FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE IS LESS THAN 3' (0.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TO O.S.H.A. REGULATIONS* r12"(30 cm) MIN. SUBGRADE OR GROUND SURFACE INSTALL DETECTABLE SLOPING, BENCHING OR WARNING TAPE 18"(45cm) SUPPORT SYSTEMS IN THIS BACKSLOPE AS SPECIFIED MAX. DEPTH AREA TO CONFORM TO TO CONFORM TO O.S.H.A. (OPTIONAL) O.S.H.A. REGULATIONS* REGULATIONS4 TYPE "A","B", OR "C" < 6"(15cm) TRENCH BACKFILL \/ \/ //� SELECT TYPE I BEDDING MATERIAL PLACED x//, IN 6'(15cm) LAYERS & TYPE I PIPE BEDDING COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX. o ///// IN SECTION 02221. LAYERS AND COMPACTED uo5', 4"(10cm) o cC'C;c THOROUGHLY. TRENCH WDTH=0.D.OF PIPE PLUS 2'(60an) MIN. TRENCH WIDTH= 3,5'(1.1m) \\� TYPE 2 PIPE BEDDING WHERE REQUIRED FOR \\j\\/\\\\//\\\/ \\��\ SOFT OR UNSTABLE FOUNDATION NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES SEE O.S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS. REVISED: 10/25/02 CITY OF BILLINGS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS NO, 02221-1 Section 016 STANDARD DRAWINGS Page 7 of 8 It is re(ournized flint rlalrve rnateriab: which may ho used for pipe bedclurg v,u v 11h1r•l) Irony ,rr ea to ,u(•,,. 7*11cI(,to)e. the to)init ire_ is oi[(•Ied ,:, ,n all(-InaIe- I Ihe• TIPE i p if)r beddiiw speeiIuifIion Ili fir(-cfiotr 0?221•TRFK('14 F1CAI •ITI0K AND RACWI ILf, POR PiPP.- LIl`ES AND APPC'PTENANT .STRUCTURES Th)s allernak- shall be and onll it (aHed for in the• �pecml Prop islon_•. 11 must be rnrphr,sim'd lh,ii no �,prrific-,lion botim he r.rsrcl t0thout the rnlinrc•r's cialmition of Ill(, parlictilam• situalion TYPE 1 PIPE BEDDING 'I,w I pier WAMue, mgmr Wd or rr,al m 111 o(rur ring on site. shall be eras al. �,r ra1 rl s,anrl nrivl ur e. or stind The Ural er•itil shrill be n ell graded and shrill conform to the r•equirrments for soil 11pe• GII (rn•a ie•l. Hell graded) or `II (,rind, well graded) o1 the. 1'ni- frcd soil Clast-Ificalion .;'v.slrrrl (1-SC ) as drlineoled in ,V-71I 02181 except. (yl Ihc• disrrc•tion of the rnginver. the material 11a) ronirrin up to a nruvinrnnr of i.? per•cerrl passin" the 200 -)eve provided the plashrity index of the rrrnterrnl is 6 or less. The inavimmn size ,rnrel ,shall be 311 Inch. Tile vocHicient of unlfor111itN for _1ra%e'l n'ljoll bc• 1 01 r•r eal er eurd a coclfic•)enf of curl.al twe bet retell I wed '3 Sand shall h„1e „ coefficient of urrifornull of G or prcaler and a enel' it ien! of ( ur o nr e bel nve•e•ir i and -; Ti pe• 1 be-(/ dare ;hall consr.4 of it nliurruuur 0f •i inrhes(10 ( rn). or 1 8 IhF oul�ldr diameter of pipe. n hichm m is ,fir repel, hecichn_, nmlennl till(/(•). the pipe• ,Intl lfre hcdduig nlat(•ri„i „round .tad mer the pier to n poinl a nrrninrnnr 6 inchee (1.5c•nr) above• the fop o1 Ihr• pipe unlc..-r• spe(rfied ofherrise in the spc(•ral II)ovisions. 1'he corllirlent of lrnifor•rrrit� i�• d(.•finerl as the ratio of grain size diamr-ler it 60°„ to the vraire :•ize diameter ill 10". passing oNprrsged as. Cu D60 D10 The coefficient of curvature is defined as the posrliorl of tlJr squore of the grain size dialnHer "I •W% pms,on_, 10 the prorlucl of the gr,uu size diameter at 10:' passing times the glairl .size dialneler at 00% pasr•in;,, e\pJeS•.S•ecl cis: 2 Cc = (D30 D1 D x D.D lihere tile' 1'raturally o(eurr•inr ntralcried contains voids idurh nould ullon• nimrahom sand bedding meterirrl .simll not be used. IIrddrnn Indlelial wider mid .wound Ilse pipe to 6 inches (I5rnr) above ihe Inp of the pipe shall he plrlred by hand or other careful rndnne'1 .so caa• )lot to disturb the pipe, in uniainruln layers of 6 inches (15(m) rind compac lead to a minimum of 85, Standard Pro(•ior• AS T11 D698 R. A HTO T-99 S'pe(ial (at c shall be taken to a.."I re romplele compari.ion render• the hrlunrhes of ihc• pipe. Harkfill maler-in1 shrill he plac•c•d in the trench for its full width on ertch .side sill)III(aneousiv li'alel ::rtlling of this portion of the tJcnrh it-ill not be allowed The addition of n•aicr shall he limited to that required for oplrmurn moisture• for mavinium conipwIion of the materiol. REIASED: 12/27/95 MONTANA PUBLIC WORKS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE PIPE BEDDING ALTERNATE NO. 02221-2 Section 016 STANDARD DRAWINGS Page 8 of 8 Appendix A: Standard Forms CITY OF BOZEMAN, MONTANA The following documents shall be made a part of the Contract Documents: 1. Notice to Proceed 2. Field Order 3. Monthly Pay Summary 4. Change Order Form 5. Resume Work 6. Suspend Work 7. Work Change Directive 8. Pay Request 9. Certificate of Substantial Completion 10. Blank Claim Form APPENDIX A:STANDARD FORMS Page 1 of 1 Notice to Proceed Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail,Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is I. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also,before you may start any Work at the Site,you must: [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required,please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)/Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 MONTHLY PAY SUMMARY Date 2019 Bozeman Stormwater Improvements City of Bozeman, Montana Estimate No. - to 12019 DESCRIPTION AMOUNTS THIS MONTH PREVIOUS TO DATE Earnings for Work&Materials Installed: $0.00 $0.00 $0.00 Plus 100% of Invoice for Materials Stored: $0.00 $0.00 $0.00 Less Materials Used: $0.00 $0.00 $0.00 Subtotal: $0.00 $0.00 $0.00 5% Retainage: $0.00 $0.00 $0.00 Net Earnings: $0.00 $0.00 $0.00 Less 1% Gross Receipts Tax: $0.00 $0.00 $0.00 Gross Payment: $0.00 $0.00 $0.00 Less Previous Payments: $0.00 Net Payment this Estimate: $0.00 $0.00 Percent Time Elapsed: #VALUE! Work Done Based on Installed Cost: #DIV/0! Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): 14 Stop/Resume Work Orders (dy): 0 Approved Time Extensions(dy): 0 New Contract Completion Time (dy): 14 Contract Completion Date: Contract Cost Data: Amount of Original Contract: $0.00 Approved Changes: $0.00 Revised Amount: $0.00 Approved by (Contractor): Approved by City of Bozeman (Owner): CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. [ You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: (days or dates Net Increase(Decrease)from previous Change Net change from previous Change Orders No._to Orders No. to No.—: — — Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase(decrease)of this Change Order: Net increase(decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: r Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work,additional time,delays or omitted items,of any nature whatsoever,associated with the subject change order items,except as identified and set 4 forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein h, represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER-Signature) Date OWNER(Authorized Signature) Date EJCDC 1910-8-B(1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. �i Page 1 of 2 II CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner,or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party,all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 . Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Resume Work—Page 1 of 1 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract,you are hereby directed to suspend work(minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will(will not)continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Suspend Work—Page 1 of 1 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner:City of Bozeman Owner's Contract M Contract: Date of Contract: Contractor: Engineer's Project M You are directed to proceed promptly with the following change(s): Item No. Description Attachments(list documents supporting change): Purpose for Work Change Directive: ❑ Authorization for Work described herein to proceed on the basis of Cost of the Work due to: ❑ Nonagreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. ❑ Other: Estimated change in Contract Price and Contract Times: Contract Price$ (increase/decrease) Contract Time (increase/decrease) If the change involves an increase,the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date: Authorized by Owner: Date: Accepted for Contractor by: Date: Approved by Funding Agency(if applicable): Date: PAY REQUEST 2019 Bozeman Stormwater Improvements CONTRACTOR: ENGINEER: City of Bozeman P.O.Box 1230 Bozeman,MT 59771 PAY ESTIMATE NO. to ,2019 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE SCHEDULEI 101 Taxes,Bonds,Insurance LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 102 Mobilization LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 103 Unclassified Excavation LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 104 Hydrodynamic Separator Unit A EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 105 Hydrodynamic Separator Unit B EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 106 Flowable Fill LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 107 Site Restoration LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 108 Traffic Control LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 109 Miscellaneous Work EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 SUBTOTAL BID ITEM WORK INSTALLED $0.00 $0.00 $0.00 Materials in Storage $0.00 $0.00 $0.00 Materials out of Storage $0.00 $0.00 $0.00 SUBTOTAL $0.00 $0.00 $0.00 Total Amount Due $0.00 $0.00 $0.D0 Less Relainage 5% $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less 1%Gross Redepts Tax $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less Previous Payments $0.00 $0.00 Total Due This Payment $0.00 $0.00 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: ❑All Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security,operation,safety,maintenance, heat,utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities 0 Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK# PO Box 1230 • Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ VENDOR# DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I,the undersigned,do solemnly swear,that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS#or Tax ID# Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS#OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Appendix B: Plan Set CITY OF BOZEMAN, MONTANA The following documents shall be made a part of the Contract Documents: 1. 2019 Bozeman Stormwater Improvements Drawings: Sheets 1-4 APPENDIX B: Plan Set Page 1 of 1 F a�N EE 2 e3 3 -3 e9(got)T a°� ,L t-- oeza-ze9(90►)�alloaa ti m~�+w� aaHS 2iaA03 093T-ILLe9 1HTLNOII'H�lt9ZOH U Q W< oszT z0H a a-- am s oz ; • Y Z as ZLR Moves¢ ,Y iNaILMMa 9NIHaat .. vMVINOII 'NYMOH e ® KYN aZOR dO AIiO Hxi a oH.° SWAN aAOHcINiI HaIVALMOIS NVN aZOH 6TO? 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