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HomeMy WebLinkAbout19- Contract Documents - Treasure State, Inc. - 2019 Street Improvements Boz V �' dd '�•� tr - 88 9TrN Co.lJi0ti CITY OF BOZEMAN 2019 STREET IMPROVEMENTS CONTRACT DOCUMENTS PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT April 2019 CITY OF BOZEMAN, MONTANA 2019 STREET IMPROVEMENTS April 2019 TABLE OF CONTENTS CONTRACT DOCUMENTS Bidder's Checklist Invitation to Bid Instruction to Bidders Bid Form Non-discrimination Affirmation Form Bid Bond Agreement Form Payment and Performance Bonds i Standard General Conditions of the Construction Contract(by reference) Supplementary Conditions Montana Prevailing Wage Rates CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment APPENDIX A Estimated Quantities Standard Drawings i BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a. Arithmetic Checked? b. Unit Bid amounts agree with math calulations? c. All Addenda acknowledged on proposal sheet and cover? d. Signature portion completely filled out? e. Bid Proposal intact in Contract Documents DO NOT REMOVE!!!! f. Non-Descrimination Affirmation form completed and signed? 3) Bid Envelope: a. Addressed properly? (See Article 1 —Bids, Instructions to Bidders) b. Contains the Contract Documents and Specifications booklet? C. Acknowledged Receipt of Addenda? d. Sealed? 4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, and acknowledgement of all addenda(by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. i i ICITY OF BOZEMAN, MONTANA CALL FOR BIDS INOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2019 Street Improvements Project Separate sealed bids for construction of City of Bozeman 2019 Street Improvements Project will be L received by the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 will be received until 2:00 p.m.,local time,April 301h, 2019,and then publicly opened ` and read aloud. Please write the name of the nroiect on the front of the sealed bid. The physical address is: City Clerk's Office, Suite 200, City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, Montana, 59771. Bids must be received before 2:00 p.m. April 301h, 2019. Original copies must be submitted—no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The work involves Cold Milling,Hot Mix Overlays,Seal Coating(chip sealing),Pavement Marking Replacements, sidewalk, and pedestrian ramp improvements on various streets within the City of Bozeman as specified in the contract documents. Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained upon payment of$50.00(non-refundable)for each set,at the City of Bozeman,Engineering Department, p 20 East Olive Street, Bozeman Montana 59715. k All bids and proposals for the construction of any public contract project shall contain a statement showing that the bidder or contractor is duly and regularly registered under the laws of the State of Montana, and the contractor's registration number shall appear upon such bid or proposal, and no contract shall be awarded to any contractor unless he is the holder of registration, all as defined by MCA 39-9-101 through 410.Forms for registration are available from the Department of Labor and Industry,P.O.Box 8011, 1805 Prospect,Helena,Montana,59604-8011.Information on registration can be obtained by calling 1-406-444-7734. All laborers and mechanics employed by contractors or sub-contractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the State of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race,creed, sex,age,marital status,national origin,or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. 1 INVITATION TO BID Every entity submitting under this invitation must sign and return the required affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman,Montana,in an amount not less than Ten percent(10%)of the total amount of the bid. Successful bidders shall furnish an approved Performance Bond and a labor and materials Payment Bond,each in the amount of One Hundred percent(100%)of the contract amount. Insurance as required shall be provided by the successful bidder(s) and a Certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids,which is 2:00 p.m. local time, April 30t", 2019. The right is reserved to reject any or all proposals received,to waive informalities,to postpone the award of the contract for a period of not to exceed Sixty(60)days, and to accept the bid which is in the best interests of the Owner. The City of Bozeman is required to be an Equal Opportunity Employer. Dated at Bozeman, Montana, this 5th day of April, 2019 Robin Crough City Clerk, City of Bozeman Published Bozeman, Montana April 7, 2019 April 14, 2019 April 21, 2019 2 INVITATION TO BID k INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink,with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed b forms. Each Bid shall be enclosed in a sealed envelope addressed to the City Clerk,City Hall, 121 N. Rouse Avenue,P.O.Box 1230,Bozeman,Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2019 STREET IMPROVEMENTS, CITY OF BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee,in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership,the name and residence of each member must be inserted. In case the Bid is submitted by,or in behalf of,a corporation,it must be signed in the name of such corporation by an official who is authorized to bind the corporation,and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another,or of others,may be required to submit satisfactory evidence of this authority to do so. The title of the person(s)executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they g have a practical knowledge of the particular work bid upon, and that they have the necessary financial I resources to complete the proposed work. Q In determining the lowest responsible bid, the following elements will be considered: whether the I Bidder involved(a)maintains a permanent place of business;(b)has adequate plant and equipment to do the work properly and expeditiously; (c)has a suitable financial status to meet obligations incident to the work; and(d)has appropriate technical experience. ( 1 INSTRUCTIONS TO BIDDERS Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification,6th Edition(MPWSS), shall be used to govern the contractual and performance aspects of this project,and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 6"'Edition(COB MODS), dated March 31,2011,including all addenda,which is also hereby incorporated as part of these contract documents,and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. The complete CONTRACT DOCUMENTS which comprise this entire document,and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein Agreement Form...........................Bound Herein Payment Bond..............................MPWSS/Bound Herein Performance Bond........................MPWSS/Bound Herein Standard General Conditions........MPWSS Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................MPWSS Notice To Proceed............. MPWSS Change Order.....................MPWSS Work Directive Change.......MPWSS Application For Payment (Guidance Only)............... MPWSS Certificate of Substantial Completion........................MPWSS Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein Technical Specification...................MPWSS; COB MODS; Standard Specifications for Road and Bridge Construction, Montana Department of Transportation (latest edition) Appendix A--Standard Drawings......... MPWSS/Bound Herein Contract Drawings................... Plan Set i 2 INSTRUCTIONS TO BIDDERS EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances,rules and regulations that may in any manner affect cost,progress or performance of the Work; and(d)study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness,nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request,Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. j i The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans,it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation 3 INSTRUCTIONS TO BIDDERS thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 N. Rouse Avenue P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: City of Bozeman 2019 Street Improvements Name of Contractor: lrc CL�� Montana Certificate of Contractor Registration No. S•}O bq Acknowledge Receipt of Addendum No.: , In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 PM., April 30th, 2019. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. 4 INSTRUCTIONS TO BIDDERS B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions,conditions,stipulations,erasures,or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address,and current Montana Contractor's License Number. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: y Y'B _ . Af Corporate Seal Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment 5 INSTRUCTIONS TO BIDDERS which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal,each Contractor should read the complete Contract Documents(including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that,during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. MODIFICATION AND WITHDRAWAL OF BID Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids as called for in the Invitation to Bid.Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid,that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids,or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming,non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. 6 INSTRUCTIONS TO BIDDERS i An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor,if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed 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 6 contract price. If the apparent low Bidder declines to make any such substitution,the contract may not f be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. The Contractor shall be required to perform at least 40 percent of the original contract cost (excluding cost of Traffic Control) with the Contractor's organization. Where an entire item is subcontracted, the percentage of the work subcontracted is based on the original contract item unit price. When a portion of an item is subcontracted,the percentage of the work subcontracted will be based on either the subcontract item unit price or on an estimated percentage of the contract item unit price, determined by the City Engineer. An item will not be considered partially subcontracted unless the prime contractor performs a portion of the work(equipment,materials or labor). If the same item is subcontracted at multiple levels,the cost is only accounted for at the first level. When an item added by change order is subcontracted,the cost of the item does not count towards the required contract performance. AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming,nonresponsive,unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible.OWNER may also reject the Bid of any Bidder if OWNER 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 OWNER.The OWNER 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, OWNER 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. p w In evaluating Bidders, OWNER will consider the qualifications of Bidders 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. W 7 INSTRUCTIONS TO BIDDERS i r 9 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded,OWNER 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,OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If,at any time this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten(10)days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds,there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen(15) days following receipt from the Bidder of 8 INSTRUCTIONS TO BIDDERS f I the signed Agreements and Bonds,the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders,Bid Form,Bond aforms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month,but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana 4 Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. Each contractor and employer shall maintain payroll records in a manner readily capable of being certified for submission under 18-2-423,Montana Code Annotated(MCA),for not less than 3 years after the contractor's or employer's completion of work on the project. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4,MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered that do not carry the Bidder's Certificate of Contractor's Registration number on the envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-406-444-7734) ADDITIONAL CONTRACTOR LICENSE FEE(MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA,the Owner shall withhold, in addition to other 9 INSTRUCTIONS TO BIDDERS amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders.The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible,products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price,quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. 10 INSTRUCTIONS TO BIDDERS l BID FORM 2019 STREET IMPROVEMENTS CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER,having familiarized himself with the Work required by the Contract f Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations,municipal ordinances and other factors which may affect the performance of the Work,and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of Cold Milling, Hot Mix Overlays, Seal Coating, Pavement Markings, sidewalk and pedestrian ramp improvements including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the r furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15)calendar days after Owner's acceptance of this Bid,and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. gP The allowed contract time is 60 calendar days. P Where multiple schedules are awarded under a single Contract,the contract times shall run concurrently H 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. I N 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 t 1 BID FORM contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they)is (are) duly and regularly licensed. N BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following q unit prices or lump sums: q E I uI J r 2 BID FORM 4 9 BASE BID SCHEDULE 1 COLD MILLING & HOT MIX OVERLAY NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Fi ures� (Figures_ 101 Cold Milling of S.Y. $ 20,Z5 33,512 $ Existing Pavement (2" nominal depth) 102 Hot Mix Asphalt Ton 6,039 $ rj O5, Surface Course, Type B Plant Mix, in place 103 Gravel approach/ LS $ �J��20 1 $ rj Shoulder treatment 104 Asphalt approach LS $ D 1 $ '� -Lc1 p Transition Work 105 Adjust valve box Each $ �,O Vb 3 $ ?� pbi> 106 Adjust manhole Each $ D o 3 $ oa Ring and cover 107 Adjust Telephone Each $ ( I C7 1 $ C> Manhole Ring and cover 108 Traffic control LS $ Si b OD 1 109 Misc. Work $ $1.00 10,000 $10,000.00 TOTAL BASE BID SCHEDULE 1 $ di llry f 3 BID FORM i (TOTAL BASE BID SCHEDULE 1 — WRITTEN WORDS) BASE BID - SCHEDULE 2 STREET SEAL COAT NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Fi 0Fj Ires) (Figures_ 201 Cationic Emulsified Gal. $ 7— 48,931 $ j q q' 3 y b • y 6- Asphalt in place (CRS-2P) 202 Seal Coat Aggregate SY $ 0 • �S 122,328 $ &b 3/8" Gradation, in place 203 Traffic control LS $ S Dc,o 1 $ '2,5,C>a b 204 Misc. Work $ $1.00 10,000 $10,000.00 TOTAL BASE BID SCHEDULE 2 $ -24A 325 • 7-�' 7GJU h � 2�(TOTAL BASE BASE BID SCIIEDULE 2—WRITTEN WORDS) BASE BID - SCHEDULE 3 SIDEWALK& PEDESTRIAN RAMP IMPROVEMENTS NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Fimures) (Figures_ 301 Concrete removal S.F. $ 2,192 $ �Ct Za & disposal 302 Combined concrete L.F. $ 205 502 $ curb & gutter 303 6" Concrete S.F. $ 1,480 $ sidewalk in place 4 BID FORM 304 4" Concrete S.F. $ 425 $ 2 . 5 tj sidewalk in place 305 Detectable warning S.F. $ 14 s,� 210 $ 9 306 Traffic control LS $ boa 1 $ �� J 307 Misc. Work $ $1.00 10,000 $10,000.00 TOTAL BASE BID SCHEDULE 3 $ Six �Wo (TOTAL BASE BID SCHEDULE 3 —WRITTEN WORDS) BASE BID - SCHEDULE 4 STRIPING IMPROVEMENTS NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Fi ures) 401 Striping—4"white Gal. $ 75 $ D0 Epoxy 402 Striping—4" yellow Gal. $ NO 133 $ Epoxy 403 Stiping— 8"white Gal. $ 14 $ IOO Epoxy 404 24" Yellow Epoxy Gal. $ q b 6.5 $ 910 405 White Sharrow EA $ I`I 0 12 $ Symbol—Epoxy 406 White Bike Symbol EA $ 20 $ & Arrow—Epoxy 5 BID FORM 407 White Words & Gal. $ IP S- 4 $ R(O O Arrows - Epoxy f 408 Striping—4"yellow LF $ ��• �D 1,700 $ 3 5b Thermoplastic 409 Striping— 8" white LF $ / 5 1,282 $ q 2.3 D Thermoplastic 410 Striping—24"white LF $ b 808 $ b� Thermoplastic 411 White Yield Symbol EA $ I 'U 65 $ 7cj p Thermoplastic 412 White Turn Arrow EA $ '+00 10 $ O()O Symbol Thermoplastic 413 White "Only"Marking EA $1000 _ 10 $ p pc,p Thermoplastic 414 White Combined EA $ l ,�� 7 Arrow, Thermoplastic 415 White Yield Symbol EA $ 36 $ 11�0 Pre-formed Tape 416 8" White Striping LF $ 359 $ 3,"ILI Pre-formed Tape 417 White Sharrow EA $ ` Z5 20 $ L o Pre-formed Tape 418 White Bike Symbol EA $ 5-,5 20 $ Lb, SV C> & Arrow Pre-formed Tape 419 24" White Stripe LF $ 'Z� 358 $ blob Pre-formed Tape 420 Thermoplastic LS $ ��, �J�� 1 $ Treatment 6 BID FORM Treatment 421 Bike Lane Sign on 2" EA $ �j g $ q 1 q 0 D Telespar post 422 Misc. Work EA $1.00 50,000 $50,000.00 TOTAL BASE BID SCHEDULE 4 $ —2,q 5 I '�-5 3 . VC;' IWo 4 it 'Aks alw', AJ4e i de Gv--- (TOTAL BASE 13115 SC EDULE 4—WRITTEN WORDS) TOTAL BASE BID SCHEDULES 1, 2, 3 & 4 $ ?j �j �� Do One—w;114x► k, y► 2 ' �� '?n n oLneG� i Ojia2 '`. c� (TOTAL BASE BID SCHEDULES 1, 2, 3 �'-, 4—WRIT EN WORDS) ADDITIVE ALTERNATE#1 - SCHEDULE 5 SEAL COAT IMPROVEMENTS NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) Mcrilres) 501 Cationic Emulsified Gal. $ 2,0t 5 4980 $ 6L4 1 �01 Asphalt in place (CRS-2P) 502 Seal Coat Aggregate SY $ 12,451 $ 1,b � rJ 3 35 3/8" Gradation, in place 503 Striping—4" white Gal. $ 11 $ 5 14 t) Epoxy 504 Striping—4"yellow Gal. $ 12 $ �o Epoxy 7 BID FORM 505 Stiping- 8" white Gal. $ NO 4 Epoxy 506 24" Yellow Epoxy Gal. $ No 3 507 Striping-4" yellow LF $ S IS 400 $ 21 Thermoplastic 508 Striping- 8"white LF $�_ 508 $ Thermoplastic 509 Striping-24" white LF $ q L0 59 $ Thermoplastic 510 White Turn Arrow EA $ --I-D 0 4 $ ?-, S-O b Symbol Thermoplastic 511 White "Only"Marking EA $ l 00 6 $ 1p f OD Thermoplastic 512 White Thru Arrow EA $ --12-5 2 $ ��5 l)10 Thermoplastic 513 Traffic control LS $ (Q�ji OUb 1 TOTAL ADDITIVE ALTERNATE 1 (TOTAL ADDITIVE ALTERNATE 1, SCHEDULE 5 -WRITTEN O S) The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. Dated No. Dated No. Dated 8 BID FORM No. Dated Submitted this0 day of I , 2019. SIGNATURE OF BIDDER: ---- Montana Contractor Registrati n Number- S�(0 9 If an individual: doing business as If a Partnership: by partner If a Corporation: (a) by �a r r-e t'-F HA L.of a,h (Seal & Title Attest) Business Address of Bidder: MT 5 a -1-11 If Bidder is a joint venture, other parry must sign below: Montana License Number and Class If an Individual: doing business as 9 BID FORM If a Partnership: by Partner If a Corporation: (a) Corporation by Titl (Seal & e r � Attest) 10 BID FORM NON-DISCRIMINATION AFFIRMATION FORM 'r"a S y K- �I-AA-t , 1 In-C, [name of entity submitting]hereby affirms it will not discriminate on the basis of race, color,religion, creed, sex,age,marital status,national origin,or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman,if a contract is awarded to it,and also recognizes the eventual contract,if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the J'YT us Uyt S 'w+ f, /h, [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreemt:nt with the city of Bozeman. Signature of Bidder: �e, thorized to sign on behalf of the bidder NOTICE OF AWARD Dated: tna4 I� — U TO: Treasure State, Inc. ADDRESS: P.O. Box 588,Belgrade, MT 59714 PROJECT: City of Bozeman 2019 Street Improvements CONTRACT FOR: Schedules 1,2,3, 4 &Additive Alternate#1 You are notified that your Bid dated April 30,2019,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for pavement cold milling,hot mix overlays, seal coating, Concrete Improvements,and pavement marldngs. The Contract Price of your Contract is:one million four hundred thirty five thousand one hundred thirty nine and 35/100 Dollars ($1,435,139.35). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award,that is, by 29 I.)LO►Gl 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders(page 7),General Conditions(paragraph 5.01)and Supplementary Conditions (paragraph SC-5.02). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: - 'OF■ BO' (CITY MANAGER) (CITY CLERK),-3 • L� I • y DATE: 0• - __.� :'` 1883 4 CO. T'IO .. AGREEMENT FORM THIS AGREEMENT is dated as of the /l day of N N E' Jn the year 2019,by and between CITY OF BOZEMAN, hereinafter called OWNER, and Treasure State, Inc. hereinafter called I CONTRACTOR. I 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: Cold Milling and Hot Mix Asphalt Overlays,Seal Coating, Pavement Markings, sidewalk& pedestrian ramps. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Bozeman 2019 Street Improvements. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 60 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 6 if the Work is not substantially complete on time. Accordingly,instead of requiring any such 'P. proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars ($ 100.00) for each day that expires after the time specified herein until the Work is substantially complete. I! Article 3. CONTRACT PRICE. G 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 million four hundred thirty five thousand one hundred thirty nine and l 351100 Dollars ($1,435,139.35). I, 0 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances,rules and regulations that in any manner may affect cost,progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost,progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Sixth Edition,and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.12 Appendix A 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Contract 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 his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other parry. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing parry or the parry 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. I 8.5 The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation,gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR By (SEAL&) (ATTEST Title ��Sr �vt AM sea (JOINT VENTURE) By (SEAL&) (ATTEST) Title City f Bozeman I WNER) By (CITY MANAGER) (SEAL &) TEST) APPROVED AS TO FORM: h• �+ _ r Z� CITY ATTORNEY) i PENAL SUM FORM AID BOND Any singular reference to Bidder, Surety,Owner or other party shall be considered plural where applicable. BIDDER(Name and Address): Treasure State, Inc. PO Box 588, Belgrade, MT 59714 SURETY(Nance and Address of Principal Place ofBuslness): North American Specialty Insurance Company 1450 American Lane, Suite 1100 , Schaumburg, IL 60173 OWNER.(Name and Address): City of Bozeman 121 N Rouse, Suite 200, PO Box 1230, Bozeman, MT 59771-1230 BID Bid Due Date: April 30, 2019 Description(ProjectName and Include Location): 2019 Street Improvements Project, Bozeman, Montana BOND Bond Ill'ttmber. Bid Bond Date(Not earlier than Bid due date): April 30, 2019 Penal sum Ten Percent of Amount Bid $ 10% (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 Treasure State, Inc. _(Seal) North American Specialty Insurance Company (SAa1) Bidder's Name d Corporate Seal Surety's Name and Corporate Seal BY - BY: 15ign aSignature � l ower�uunnrrn Si ture(Attach P of Attorney) 01"o� �NsG': y =NJ G RPM slomi Gerber Print Name =Wtx 1973 u�r' �t Name °°�oy�tioyi"+Ndvttorney-in-Fact Title Title Attest: ), t Jn (' �% Q AttestQig"naturcAllan Signature Hultgren RCiz—, C Witness Title Title Surety Phone No. Note:Above addresses are to be used for giving any required notice, Provide execution by any additional parties,such asjoint venturers, ifnecessary. FJC3C C-430 Bid Bond(Penal Sam Form) Prepared by the Eo&cm Joint Contract Dacments Commfttee. Page t 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 oz Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of ouch penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, 3. This obligation shall be null and void if. 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any cxtemlon 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 hereoo. 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 applicble statutory requirements.Any applicable requirement ofany 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. FJCDC C430 ttid Dnnd(Penal Sum Form) Prepared by the EagWcus Joint Caotroet Dneuments Commlttca Page 2 of 1 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under P laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint:Naomi Gerber Principal: Treasure State,Inc. Bond Number: Bid Bond Obligee: City of Bozeman Bond Amount: See Bond Fonn Bond Description: 2019 Street Improvements Project,Bozeman,Montana Its true and lawful AttomeY(s)m- -Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9°1 of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." U�cltNlry/4 �\\\\ / %/4 ,uutowwiuwurya �raQ PPOH SG% 90` SIONq(/" By a_(2— !,V A ��s SEAL my Steven P.Anderson,Senior Vice President ofwashington International Insurance Company tr2r SEAL =tts;�atf 1973 etuq� RcSenior Vice President ofNorth American Specialty Insurance Company _Or �m= —R Michael A.Ito, ��i:Senior Vice President of Washington International Insurance Company ,�� roraSuYiomat�\J+��J� &Senior Vice President of North American Specialty Insurance Company I, IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 1st day of February , 2019 ._ North American Specialty Insurance Company pWashington International Insurance Company State of Illinois County of Cook Ss: On this 1st day of February , 2019,before me,a Notary Public personally appeared Steven P.Anderson .Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M.KENNY J Notary Public-Stateolllliunis ._ My Commission Espirts M.Kenny,Notary Public 1210412021 L I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and ccrrect copy of a Pother of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in fill force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 30th day of_ April _,2019 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company PERFO)E IMA.NCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable, CONTRACTOR(Name andAddress): SURETY(Name, andAddress of Principal Place of Business): Treasure State, Inc. North American Specialty Insurance Company PO Box 588 1450 American Lane, Suite 1100 Belgrade, MT 59714 Schaumburg, IL 60173 OWNER(Name andAddress): City of Bozeman 121 N Rouse, Suite 200, PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $1,435,139.35 One Million Four Hundred Thirty Five Thousand One Hundred Thirty Nine Dollars and 35/100 Description(Name and Location): City of Bozeman 2019 Street Improvements Project, Schedules 1, 2,3,4 and Additive Alternate#1 Bozeman, Montana BOND Bond Number: 2287072 Date(Not earlier than Effective Date of (0/n/19 Agreement): Amount: $1,435,139.35 One Million Four Hundred Thirty Five Thousand One Hundred Thirty Nine Dollars and 35/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY %AU Treasure State, Inc. (Seal) North American Specialty Insurance Corn ;•nPo Contractor's Name and Corporate Seal Surety's Name and Corporate Seal P tY _M= By: By: Signa e Signature(Attach Power ofA.tiozne ��nnuunu�+"° r. V-V< Naomi Gerber Print Name Print Name P . �e h 4 Attorney-in-Fact Title itle Attest: Attest: SignaturgoV Signature Allan Hultgren Witness Title Title Note: Provide execution by additional parties,such as joint venturers, if necessaq. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee Page 1 of3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract,but such an agreement shall not waive Owner's right,if any,subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in.Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined,tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment.tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the EngincersJoint 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. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the.signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived,to perform. or otherwise to comply with the terms of the Contract, 11.4 Owner Default: Failure of Owner, which has neither been remedied 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: Owner's Representative(Engineer or other ar ): PayneWest Insurance, Inc. 3289 Gabel Road, Billings, MT 59102 406-238-1900 EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page of PA.YM ENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTORt.(Name and Address): SURETY (Name, and Address of Principal Place of Treasure State, Inc. Business): PO Box 588 Belgrade, MT 59714 North American Specialty Insurance Company OWNER(Name and Address): 1450 American Lane, Suite 1100 City of Bozeman Schaumburg, IL 60173 121 N Rouse, Suite 200, PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: 7 Amount: $1,435,139.35 One Million Four Hundred Thirty Five Thousand One Hundred Thirty Nine Dollars and 35/100 Description(Nance and Location): City of Bozeman 2019 Street Improvements Project, Schedules 1, 2,3,4 and Additive Alternate#1 Bozeman, Montana BOND Bond Number: 2287072 Date(Not earlier than Effective Date of Agreement): Amount: $1,435,139.35 One Million Four Hundred Thirty Five Thousand One Hundred Thirty Nine Dollars and 35/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Treasure State, Inc. (Seal) North American Specialty Insurance CoLnpan- ,� r �`yj:��p.POAgT G Contractors Name and Corporate Seal Surety's Name and Corporate Seal / xc� 1973 Qtt iOm By: By. Ila Si e Signature(Attach Power of Attorue}X�- ��b6a N Naomi Gerber Print Name Print Name Ric Attorney-in-Fact Title Title Attest: Attest: Signature Signature Allan Hultgren 64^ Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. {MW001504;1} EJCDC C-615(A)Payment)fond D4arch 2008 Prepared by the Engineers Joint Contract Documents Committee. Pagel of 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants,and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished Iabor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default, 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed;and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of fmrishing 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. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. .Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. {A4w001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions .conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor,materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be, to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telephone) Surety Agency or Broker: Owner's Representative(Engineer or other): PayneWest Insurance, Inc. 3289 Gabel Road Billings, MT 59102 406-238-1900 IMW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint:Naomi Gerber Principal: Treasure State,Inc. Bond Number: 2287072 Obligee: City Of Bozeman Bond Amount: See Bond Fonn Bond Description: City of Bozeman 2019 Street Improvements Project,Schedules 1,2,3,4 and Additive Alternate#1 Bozeman,Montana Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." \\\Q�cplAlulf � � �unWlu n IIIIala/41/0i Qua �NSGG� \\:�pZ10..... G $3. e 1c!:�ORPGRgj,G �? SEAL =cz7 c Steven P.Anderson,Senior Vice President of Washington International Insurance Company 2' SEAL W i2� 1973 erg,: &Senior Vice President of North American Specialty Insurance Company _F; im IT Pb .......... f a By �4j/�nimounumu�0"Ve Michael A.Ito,Senior Vice President of Washington International Insurance Company &Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 1st day of February 2019 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook Ss: On this 1st day of February 2019,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M.KENNY Notary Public.State of Illinois My Commission Expires M.Kenny,Notary Public 7 210 412 021 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do herebir certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this day of Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company 7 ® DATE(MMIDD/YYYY) ACC?R" CERTIFICATE OF LIABILITY INSURANCE 6/3/2019 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 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 GUNIAUI NAME: Greg Holt FA Agency Gallatin Insurance A PHONE 406 388-7211 g Y A/C,No Ezt: ( � (A/C,No): 200 W.Madison Avenue ADDRESS: greg@gailatininsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Belgrade MT 59714 INSURER A: Acuity A Mut Ins Co 14184 INSURED INSURER B: Treasure State Inc INSURER C: PO Box 588 INSURER D: INSURER E: Belgrade MT 59714 INSURERF: 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 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F_x]OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Z97056 03/27/2019 03/27/2020 PERSONAL a ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 x ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED Z97056 03/27/2019 03/27/2020 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-HIRED AUTOS AUTOSWNED (Per accident) $ X UMBRELLA LIAB MLAIMS-MADE CCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAB Z97056 03/27/2019 03/27/2020 AGGREGATE $ 4,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION IPER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ FFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured in regard to the general liability when required by contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Olive St AUTHORIZED REPRESENTATIVE G rc-g No-( Bozeman,MT,59715 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DATE(MM/DDIYYYY) Ac"" CERTIFICATE OF LIABILITY INSURANCE 6/3/2019 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lynne Brush Allstar Direct Insurance LLC AICN o Ext: (406)234-3696 FAX No): (406)234-3695 PO Box 762 E-MAIL ADDRESS: ynne@g I b allstarre lonal.com Miles City,MT 59301 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Victory Insurance Company,Inc. 12900 INSURED Treasure State,Inc. INSURER B: INSURER C: PO Box 588 INSURER D: INSURER E: Belgrade,MT 59714 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 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. EXP INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DDY� MMIDDY/YYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ AG T CLAIMS-MADE OCCUR PREM SESOEa occu ence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COM Ea aBcciINdentED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION XER TH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? N/A WC100-0000788-2018A 7/1/2018 7/1/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEd$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) General operations of the insured. CERTIFICATE HOLDER CANCELLATION City of Bozeman SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Olive Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman,MT 59715 AUTHORIZED REPRESENTATIVE C12IttJ pd ©1988-2014 ACORD CORPORATION. All rights reserved. Victory Insurance Company,Inc. The ACORD name and logo are registered marks of ACORD