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Home My WebLink About2007 Street Improvements Contract DocumentsCITY OF BOZEMAN, MONTANA 2007 STREET IMPROVEMENTS May 2007 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instruction to Bidders Bid Form Bid Bond Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contract (by reference) Supplementary Conditions Montana Prevailing Wage Rates CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment APPENDIX A Standard Drawings APPENDIX B Estimated Quantities, Work Vicinity Maps, Plan Sheets INVITATION TO BID The City of Bozeman will receive sealed bids for its 2007 STREET IMPROVEMENTS consisting of proposed Seal Coat applications and Cold Milling and Hot Mix Asphalt Overlays on various streets within the City of Bozeman. Sealed bids so entitled and addressed to the City Clerk, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230 will be received until 2:00 p.m., local time, June 5, 2007, and then publicly opened and read thereafter. Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained upon payment of $15.00 for each set, at the City of Bozeman, Engineering Department, 20 East Olive Street, Bozeman Montana 59715. Any bidder or non-bidder returning the CONTRACT DOCUMENTS promptly and in good conditions, will be refunded his $15.00 payment. 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 taws 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. All laborers and mechanics employed by contractors orsub-contractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the .State of Montana. The contractor must ensure that employees and applicants for ' employment are not discriminated against because of their race, color, religion, sex or national origin. ' 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, June 5, 2007. 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 an Equal Opportunity Employer. 1 INVITATION TO BID Dated at Bozeman, Montana, this 15th day of May, 2007. Brit Fontenot City Clerk City of Bozeman (Title) Publication: May 20, 2007 May 27, 2007 2 INVITATION TO BID INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2007 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 g uarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by, or in behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to 1 INSTRUCTIONS TO BIDDERS meet obligations incident to the work; and (d) has appropriate technical experience. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS), dated March 2004, 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. ' 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, in order to assist the Contractor in preparation of his Bids. 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 2 INSTRUCTIONS TO BIDDERS Appendix A--Standard Drawings......... MPWSS/Bound Herein Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. ' The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are ' sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. ' Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility ' under the contract. No information derived from any inspection of records of investigation or compilation thereof ' made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as ' noted on the drawings and that the approximate location may or may not be given. The 3 INSTRUCTIONS TO BIDDERS i~ it ' 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 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 411 E. Main Street P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: City of Bozeman 2007 Street Improvements Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: In the lower left hand corner of the envelope print or type: 4 INSTRUCTIONS TO BIDDERS BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. June 5, 2007. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE-THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: 5 INSTRUCTIONS TO BIDDERS ' By. Title: Corporate Seal 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. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by fetter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. ' WITHDRAWAL OF BID No Bidder may withdraw his Bid for a period as specified in the 6 INSTRUCTIONS TO BIDDERS ' Invitation to Bid after the date and hour set for the opening declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time prior to the expiration of ' the period during which Bid may be submitted, which request must be signed in the same manner and by the same person or persons who signed the Bid. t ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to acceptor reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of ' Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. AWARD OF CONTRACT The award of contract, if awarded, will be made within the period specified in the Invitation To Bid to the lowest responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded the contract. 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 INSTRUCTIONS TO BIDDERS guarantees of the unsuccessful of the three lowest. Bidders will be returned within ten (10) days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None ofthe Instructions to Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractorand all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The 8 INSTRUCTIONS TO BIDDERS standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. 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. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1 %) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference of three percent (3%) will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder. This preference applied unless 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. 9 INSTRUCTIONS TO BIDDERS ' BID FORM ' 2007 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 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 Seal Coat Improvements, Cold Milling and Hot Mix Overlay, and Pavement Marking Replacements, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the ' contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and ' Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. ' The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. ' The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to ' complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. t The allowed contract time is 30 calendar days. Where multiple schedules are awarded under a single Contract, the contract times shall run ' concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. ' The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after ' extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. ' 1 BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM i i i i i i i ,,, -.~_. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Figures) 101 Cationic Emulsified Gal. z ~ $ 2 22,513 ~, ~z ~ $ .mod, ~~ Asphalt in place (CRS-2P) 102 Seal Coat Aggregate Ton i> $ ~3 - 1,002 s ~ $ ~ Z-~ ~ 3/8" Gradation, in place 103 Cold Milling of S.Y. $ ~ 6~ 20,514 3$ f $ ~ z~ ~ Existing Pavement (2" nominal depth) 104 Hot Mix Asphalt Ton ~g $_~7 2,820 ~o~ $, / 3 3T 7 Surface Course, Type B Plant Mix, in place 105 Adjust water Each $ 1 ~ ~ ~ 1 $ / ~ ~ am valve box 106 Adjust Manhole Each .~ ~ $ 3 7 8 $ ~ 7~.©.oa ; Ring and Cover 107 4° yellow LF $ ~ - 1,207 $ -~, z /y - ` striping 108 8" white LF Z/ $~ 248 °~ $ 2, 7~G striping 109 24" white LF $ 3 8 ~~ 303 $ /~ ~~8 83 striping 110 24" yellow LF SZ $ ~~ _ 48 ~b / $ z, /S/ striping 111 Words & symbols SF y6 $ -3 ~f 66 3 6 $ Z 2 7~/ V 3 BID FORM TOTAL BASE BID q, ~ - ~ ~~~ ~Y~ ~J 7-'r.,.~o hc~+~C- - a~i ~':g ~t Se.~c,~ ~~iousa...~ a''~ w.:~,c. h~~~ a~~ ( BASE BID. TOTAL -WRITTEN WORDS) 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 51 2007. Submitted this / - day of ~~ ~,,~ ~ , SIGNATURE OF BIDDER: o~ Montana Contractor Registration Number ~~ ~1 If an individual: doing business as If a Partnership: by partner If a Corporatic (a) by Titl 4 (Seal & - Attest) BID FORM Business Address of Bidder: If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: business as If a Partnership: by _ doing If a Corporation: / ~ S K~/ ~-5 ~f-~~+- ~. % ~/~/ ~ (a) Corporation by - r-- (Seal & Title `}~ CS r 1~ ~~ 1- _ Attest) Partner 5 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 ' Bid Bond ' KNOW ALL MEN BY THESE PRESENTS, THAT WE Big Sky Asphalt Inc. ' P O. Box 835 Bozeman MT 59718 as Principal, hereinafter called the Principal, and United Fire & Casualty Company ' P O Box 73909 Cedar Rapids IA 52407-3909 a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Bozeman ' 411 East Main Street, PO Box 1230, Bozeman, MT 59771-1230 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid ' Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, `~ executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ' WHEREAS, the Principal has submitted a bid for 2007 Street Improvements -Bozeman, Montana NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with ' the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. ' Signed and sealed this 25th day of - May 2007 ' ,: Bi Sk As halt, Inc. ~~ (PrincipaQ ~ ! (Seal) Witness) ~ ~ ._X / T RCS/p ~ T B : `. (Title) ' United Fir & Casualty Company (Surety) (Seal) Naomi Gerber (witness) ' ' Vo eyi -Fact Sylvia it a (rise) t AIA DOCUMENT A310 ~ BID BOND ~ AIA ~ FEBRUARY 1970 ED. ~ THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 2000G i~ i~ UNITED FIRE & CASUALTY COMPANY HOME'.OFFICE.-CEDAR RAPIDS; IOWA ; CERTIFIED COPY'OF POWER OF ATTORNEY (Original on file at Home Office of Company -See Certification) KNOW ALL MEN BY THESE PRE5ENTS, That the UNITED FIRE 8~ CASUALTY COMPANY, a corporation duly organized and existing under the.laws of the State:of :Iowa, and having its principal office in Cedar Rapds;_State of Iowa; does make, constitute and appoint SYLVIA TILZEY,;;OR ALLAN HULTGREN, OR J: SCOTT MACPHERSON, OR KELLEY: A. MACPHERSON, OR!:LORI.NEWTON, ALL'INDIVIDUALLY of BILLINGS MT its true and lawful Attorney(s)-in-Fact with power.and authority hereby conferred to sign;: seal and execute ih its behalf all lawful bonds, ' '.undertakings and other obligatory instruments of §imilar nature as follows: Any and All ,:Bongs - and to bind UNITED' FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby '' given:are hereby ratified ;and confirmed. The Authority hereby granted is 'continuous and shall:.remain in full force and effect until revoked by UNITED FIRE 8 CASUALTY COMPANY. This power of Attorney. is`made and executed pursuant`to and by authority of the following By-Law'duty adopted by Board of ' Directors `of the Company on April 18, 1973. "Article V -Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, -from.timeao time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in .the execution of policies of ' insurance, bonds; undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, .may be affixed by facsimile to any power of attorney or special power of attorney or certification of either,authorized'heri=.by-such signature and seal, when so used, being adopted by the Company as the original signature of .such officer and the ocigihal'seal of the Company, to be valid and binding upon the Company withthe same force and effectas ' though manually'>affixed. -Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at 1 any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by ~~*~~~~ its vice presiderit and its corporate seal to be hereto affixed this 20th day of January, 2005 ~~~~ tOtl_QlAiE _._ UNITED FIRE & CASUALTY COMPP.NY ~ EL1L ~ ... ~ ~: ~ ~`'+~~,.~~~ B :Vice President State of Iowa, County of Linn, ss:, y On 20th day of:January, 2005:, before me personally came Randy A. Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of.Directors of said corporation and that he signed his name thereto pursuant to like authority, and ~' acknowledges same to be the act:and deed of said corporation. ,~ ^ ~~- R~ c+~. MICHEL'LE WILSON Notary Public o`~ • COMM18910N NUMBER 704745' Aqv. COMM SSiON.EXPiRES My commission expires: 07/14/2006 ' oW' `~_'~t~-fin I, the undersigned officer'of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of ' the-Power of Attorney'and. affidavit, and the;copy of the Section of the by-laws of said Company as setforth in said Power of Attorney, ;with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said: originals, and:that the said Power of Attorney has not been revoked :and is now in full force and effect. "'"~+~, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company ;~`~~k~~a :this 25 day. of ____Ma~ 20 07 utrat4tE ~ ~flL F, c ~,: • #`yr~'',,,~+~~,'~' _ ~~ ~ Secretary' BOND0019 D802 01 i~ ii II n i~ i NOTICE OF AWARD ~-~ G~ n Dated: ~ lrt~l.~ ~ / , ~~ / TO: Big Sky Asphalt; Inc. ADDRESS: P.O. Box 835, Bozeman, MT 59771 PROJECT: City of Bozeman 2007 Street Improvements CONTRACT FOR: Seal Coat Improvements and Cold Milling and Hot Mix Asphalt Overlays You are notified that your Bid dated June 5, 2007, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for Seal Coat Improvements and Cold Milling and Hot Mix Asphalt Overlays. The Contract Price of your Contract is: two hundred eighty seven thousand nine hundred forty five and 31/100 Dollars $287,945.31). 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 ~u- ~~ ~~, Z~b 7 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 8), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SG5.02). 3. List other conditions precedent: You must deliverwith the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will rety~rn to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF OZEMA ,MONTANA -~ BY: BY: ~ (CITY MANAGER) DATE: __~ -' Z ~ "d ~~ AGREEMENT FORM THIS AGREEMENT is dated as of the day of and between CITY OF BOZEMAN, hereinafter Big Sky Asphalt, Inc. hereinafter called CONTRACTOR. in the year 2007 , by called OWNER, and 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: Seal Coat ' Improvements and Cold Milling and Hot Mix Asphalt Overlays. 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 2007 Street Improvements. ' Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the ' essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars ($100.00) foreach day that expires after the time specified herein until the Work is substantially complete. ' Article 3. CONTRACT PRICE. ' 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of two hundred eighty seven thousand nine hundred forty five and 31/100 Dollars ($ 287.945.31 ). ~~ j , 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. t 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. rl LI ' 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 ditions d ' con price, within the contract time and in accordance with the other terms an 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 ENGINEER is acceptable to CONTRACTOR. n thereof b ti l y u o reso ' Articl e 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, Fifth Edition, dated 2003, with addenda, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004 (by reference). 7.12 Appendix A and Appendix B. i~ i~ i~ 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award . 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. ' 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a mod ification (as defined in the General Conditions). ' Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be ' binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or ' obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the ' Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an ' attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. ' ment of modifications of this Agreement or any provisions herein shall 8.4 Any amend be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By _ Title (JOINT VENTURE) (SEAL &) (ATTEST) ~~~~~~~ -_ ~- _ - ---~ ~: By (SEAL &) (ATTEST) Title City of Bozeman (OWNER) By (CITY MANAGER) (SEAL &) (ATTEST) ~'~ C~' ~~ APP D O FORM: (CI RNEY) c:\wpdocs\formslagreefrm.mrg J PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be eonsidtred plural where applicable. ' CONTRACTOR (Name and Address): Big Sky Asphalt, Inc. P. O. Box 835 Bozeman MT 59718 OWNER tName and Address}: SURETY (Name and Address of Principal Place of Business): United Fire & Casualty Company P. O. Box 73909 City of Bozeman Cedar Rapids, IA 52407-3909 411 East Main Street, PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Date: Amount: ($ze~,945.31 )Two Hundred Eighty Seven Thousand Nine Hundred Forty Five Dollars and 31/100 Description (Name and Location): City of Bozeman 2007 Street Improvements BOND Bond Number: 54-165093 Date (Not earlier than Contract Date): Amount: ($ze~,945.31 )Two Hundred Eighty Seven Thousand Nine Hundred Forty Five Dollars and 31/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof; do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS,PRINCIPAL Company: Big Sky As~hal , Sigdatt~s: - _ - - "~ Seal) `~ ~ . ~ - (Space'.;is"-p_•ovY~etlow for signatures of additional parties;-if req>dred.) SURETY United Fire Casual Com an (Seal) Surety's N and Corpo Signs andTitlo Sylvia Til Attorney~n-FacT " _ , (Attach Power of Attorney) - Attest: i' /~~~SZZ~,cSZ / a Signature a~ Title Naomi Gerber CONTRACTOR AS PRINCIPAL Company: (seat} Signature: _ Name and Title: SURETY Surety's Name and Corporate Seal BY Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C~10 (2002 Editba) OrlOlaally prepared throujh the Jofat etrorb or tLe Surety Association of America, Ea0laaen Jeiat Ceatnet Doceanats Committeq tl+e Aswdated Ceaerat Coatractora o[ America, and tde Aarcricas Iastiinte of Architects. (Seal) oo61a1 _ 1. Contractor and Surety, jointly sad aevaally, bind thetnaetves, their heimr, acecutas, adminisaators, auccasora, std asaigro to Owner for the performance of the Contras, which is stcarporatod herein by raferenoe. 2. If Cormrasar pafomna the Corttras, Suroty and Contractor have no obligarioa under this Hand, accept to participate in oonlbreraxe ad provided in Paragraph 3. t. 3. If there is no Owner Default, Strtsty9 obligation ut-dcr thin Bond shall arise aRer: 3.1. Owner has notified Contractor and Surety, st the addtessea deacribod in Paragraph 10 below, that Owner is corwideritrg declaring a Carttrscxor Default and has requeaad rnd attempted Oa strange a confereaea with Contractor and Surety to be held not kter than 15 day: otter receipt of such rwtioe to disaw tadltoda of performing the Contras. If Owner, Comtractor and Surety agree, Comtracaor shall be albwed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Connacror Default; and 3.2. Owner has declared a Cattrasor De&uh and fonrtally terminated Contractor's right to complete the Cotitns. Such Contrasor Default shall not be declarod earlier than ZQ days afrer Cotttrasor and Surety have received notice as provided is Paragraph 3.1: and 3.3. Owns bu agreed to pay the Balactce of Itre Cawact Price m: 1. Surety im accatdarrce with the lerrms of the Camaaci; 2. Another contractor selected punuam to Paragraph 43 to perform the Cpntras. 4. When Owner boa satisfied the catditions of Paragraph 3, Surety shall promptly and at Surdlh expense tales are of rho following salons: 4.1. Arange far Caatraetor, with consent of Owner, to perform sins corrrplde tits Contract: err 4.2. Undertake to perform ad rgmplete the Contract inel4 through ib agatts a through indepeadeat rnrrbasors; or 4.3. Obtain bids or negotiated proposals from gwlified wnttasera aaeptabk to Owaa for a conhas for perWrncartoe and canpktion of the Coact, arrange far a contras to be preparad for exeatioa by Owner sins Cattrasor selesed with Owner's cancutrama. fn be soured with paforrtttrta std paymam bands execu6ed by a qualified surety tquivalmt ro the bonds iuued on the Corrtract, and pry ro Owner the atrtount of darrrges as dacr'bedm Paragraph 6 in excess of the Balance of the Corttras Ptia incrared by Owner resukatg from Contrasor DeSnh; or 4.4. Waive its rieltt to ptrtomt and r:omplao, arrange for compkion, err obtain a new oontrasor sad with teasonabk promptr-as ttttder the circurnannea: 1. After inveatigatian, dettansine rho amount for which it may he liable to Owns sad, as soon as practicable efrer the amount is determined, tender paymnrt therefor to Owner; or 2. Dsny liability in whab or in part and notify t~wner citing romans tltaefar. 5. ii Surety does rwt proceed as provided in Paragraph 4 with reasonable promptr-ese, Surety shalt be deemed to be in default on this Mond 15 days afler receipt of an additional written notice from Owner to Surety demanding that Surety perform ip obligation uadw this Bond, and Owner shaq be smirks to enforce any rortedy available ro Owner. If Sttroty praeeds as provided in Paragraph 4.4, anti Owner rafrues the paymatt tendered or Surety has denied liability, in whole or in part, witl-orm futtlta~ noticx Owner shall be entitled to enforce any remedy available to Owner. 6. Afler Owner has terminated Caotraeta'a right to oompkte the Contract, and if Surety saes: to act under Paragraph 4.1, 4.2, a 4.3 about, titer the respomibilitks of Surety to Owner shad mot be grettter than those of Candacxxor ttnda the Cardract, and the respowibilitia of Owner w Surety shall mot be grater than thine of Owns under the Contract To a limit of the atrwimt of Chia Bond, bid subject to sotnmitrnart by Owner of the Balattoo of the Cotttrad Prig to mitigation of coats and damage: oo the Contract, Starry is abligsted aidtart duplication for: 6.1. The tesponaibilitia of Corrtrac2or for correction of defesive work and completion of the Contract; 6Z. Additional legal, design professional, and deLy caw reaukirtg from Coatractar's Defauh, and resulting Sum the atxioa: err failrae to act of Surety urda Paragraph 4; and 6.3. Liquidated damages, a if tom liquidated damages are specified bt the Contract, acmul damage cawed by delayed patormatoe or non- paforrcaroe of Contrasor. 7. Suroty shall not ba tiabk to Owns or others for obligations of Contruwr that era uarehmed m the Contras, sad the 13alntce of the Cotmract Prig shall not be reduced tx set off on acooutst of arty ouch ts:trehted obligations. No right of asioa shall ensue ort this Hand to any penan or entity other than Owtaer or i4 bean, exactors, administrators, a stuxxnors. S. Surety hereby waives tomtits of say change, including changes of tune, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Arty proceeding, legal or equitable, under this Hand stay be instituted is arty coat of ocmpetett jurisdiction ip the location in which the Work or pat of the Work is located sad droll ba instituted w[thin two yeas arts Cartractor Defauk or within two yearn afla Contractor eased working or within two years afrer Surety refiran or fails to perform ip obligations under this Band, whichever otaus tint. If the provisions of this paragraph are wad err prohibited by 1ttw, the minimum period of limitation availtbk to sureties as a defense in the jurisdiction of the suit shall be ttpplicabk. 10. Notice to Surety, Owner. or Contractor shall be mailed or delivered to the addnxs shown om the signattae page 11. When Otis Hond arts bear furnished to canply with a statutory requiremetu in the location where the Contract was m bs pa'fanted, any provlsian le this Bond oonflising with said statutory requiremrent stall be deemed deleted ltettfroac and provisions conform<tg to such statutory requtremam dnll be deemed incorporated herein. The Qmerrt is dot this Bard shall be cartenued as s statutory bond std net as a carrmton kw bail. 12. Definitiata 12.1 Bahtaee of the Contract Prta: The toml amoram payable by Owtrer to Contractor under the Contract agar all proper adjttatmaua have bear made. ituhding allowance to Contractor of say tunauras ra:eived or to be received by Owner ht settlanad of instaanee or other Claims for damage to which Cadrattor ie amides, radttoed by all valid and proper payments made to or on behalf oPContnsor cinder the Contract. 12.2. Cwrtraet: 7bs agreement betwan Owner and Contractor idmtifled on the signattre page, including all Cawut Doaanmds tad thsrtga thereto. 12.3. Contractor DeQtuh: Faihire of Caroiasog whist has neither been remedied tror waived, to perform err otherwise ro comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neidter beat remedied nor waived, to pay Contrasor ss required by the Comtrxx or to per6omr and complots or comply with the outer terms thermf. FOR INFORMATION ONLY - Nalco, Address and Teleplhone Surety Agency or Broker Payne Financial Group, Inc. 2323 2nd Ave. North, Billings, MT 59107 Owner's Respreselltative (tngitleer or otlur party) , , 00616-2 rAn~Nr ~aNn- Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (IName and Address}: SURETY (Name and Address of Principal Place of Business}: Big Sky Asphalt, nc. P. O. Box 835 United Fire & Casualty Company Bozeman, MT 59718 P. O. Box 73909 OWNER. (Name and Address): Cedar Rapids, IA 52407-3909 City of Bozeman 411 East Main Street, PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Date: Amount: ($287,945.31 )Two Hundred Eighty Seven Thousand Nine Hundred Forty Five Dollars and 31/100 Description {Name and Location}: City of Bozeman 2007 Street Improvements BOND Bond Number: 54-165093 Date (Not earlier than Cantract Date}: Amount; ($287,945.31 )Two Hundred Eighty Seven Thousand Nine Hundred Forty Five Dollars and 31/100 Modxtticatians to this Bond Parm: None Surety and Contractor, irnending to be legally bound hereby, subject to the terms printed. an the reverse side hereof do each eaetse this Payment Band to ba duly executed on its behalfby its authorized afficxr, agant, or representative. CONTRA~CaTuyOR AS/P~RINCIPAL Big Sky Asp~lalY, n Signature.... l ~ (Seat) Name and T' - , - ~- _ - _ -__~ - - -~` {Sgact~ iii- yurovi ~'~b~k~u for signatures of ~ditionat pac#ea, ifregii~a~~ :,_,~= CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: SURBTY United Fire & asualt Co n (Seal} Surety's Na and Corporate By: _ _ - J Signature ills Sylvia Til Atto~iey-iil=Fact ~' ~_ ;: 4Attach Power of Attorney} - _ -_ Attest: Signature a~ itle Naomi Gerber SURETY Surety's Nance and Corporate Seal By: Signature and Title (Attach Power of Attorney} Attest: Signature attd Title: (Seal} ' E fCDC Na. C~61S (2003 ~dtHoaj )rtgitraUy prepared thronalt the joint efforts of tiro Surety Aswdatfor of Arneria, En¢nean Jotat Contract Docnmeab t:ommdttee, the Msociatad l3eneral Coatrattara of America, the American In:titute o[ Architeca, the American Sut-coatractan Aswc[atboa, and the Auodated Spedatty Cootract«tY. 00615-1 (~) ' I. Contracts and Surety, jointly and severally, bind therraselves, their heirs:. executors. administama, successors. and assigns m Owner to pay far labor, ' materials, and equipment fttmiahed by Claimants for use in the perfomaara of the Contract, which is irroorporated herein by reference. 2. With respect m Owner, this obligation shall be null and void if Contractor: ' 2.1. Promptly makes payment, directly or indirectly, for all soma due Claimants, and 2.2. Defends, ittdemnifies, and holds 1-arrttless Owner from all claims, demands, liens, s suits alleging nonrpaymmt by Ctmtracls by any ' person or entity who futYristred labor, matterials, s equipntart far ua in the perfatmance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addrrsaea described in Paragraph 12) of sny claims, dearorrds, liens, s suits and tendered defense of such ' claims, demattda, lipts, or suits m Contracts and Surety, and provided ttrers is no Owner Defwlt. 3. With respect to Claimants, this obligation shall be null and void if Contractor ' protnptiy make payment, dirccdy s indirectly, for all w[rla due. 4. Surety shad have no obligation m Claimants under this Hand until: 4.1. Claimants who arc empbyed by or have a direct csrtact with ' Contractor have given notice to Sun:ty {at the addrceaea described in Paragraph 12) and sent a copy, s notice thereof, m Owner, statutg that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. ' 41. Clsirrrants who do not have a direct contract with Contactor: 1. Have tLmist-ed written notice m Contractor and sent a copy, s notice thereof, m Ownaq within 90 days after having loaf perforrrred labor s last famished materials s equipment included in the claim stating, with aubatantial accuracy, the amount of the claim and the name of the party to whom the materials s equipment were furnished or supplied, s far whom the labor was done s performed; and 2. Have either raxived a rejection in wtwte or in part from Contrscts, a not received within 30 days of firmiahing the above reties any coRartunication from Contracts by which Contactor had indicated the claim will be paid directly s indirectly; and 3. Not having boon paid within the above 30 days, have sent a written notice m Surety and sent a espy, s notice thereof, to Owner, stating that a claim is being made under thb Bond and enclosing a copy of the previous writtat notice Vanished m Contractor. 5. >f a notice by a Claimant required by Paagraph 4 is provided by Owner to Contracts s m Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paagraph 4, the Sanely shall promptly and at Surety: expense take the folbwing actions: 6.1. Send an anawa m that Clairrnnt, with a copy to Owner. within 45 days atb:r receipt of the claim, stating the amounts that are undisputed and the basis fa challenging any amounts that are disputed. 6.2. Pay s arrange for payment of any undisputed amounts. 7. Surctya mtal obligation shall not exceed the arttount of this Bond, and the asnprmt of this Bond shall fie credited fs any payments trade in good faith by Surety. 8. Amount: owed by Owner to Contracts under the Contract shall be rued for the performance of the Contract and W satialy cEairns, if any, under any pafornunce bona. By Contractor tlrmishing and owns accepting this Bond, they agree that all funds earned by Contractor in the pafom~ance of the Contract are dcdicsted m astiafy obligations of Contracts and Surety under this Bond, subject m Owner's priority m use the funds for the completion of the Work. 9. Surety shall not be liable m Owrta, Claimants, s others far obligations of Contracts that arc um~elated to the Contract. Owner shall not be liable for payrrs:nt of any costa a expataea of any Claimartt under this Bond, and shall have under this Bond no obligations to make paytnettta to, give reties: on behalf of, s otherwise have obligations t0 Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract s to related Subcontracts, purchase orders and other obligations. 11. No suit s scrim shall be corrmrettCOd by a Claimant under this Bond other than is a court of campetatt juriadietim in the beatim in which the Work s part of the Work is located or altar the expiatioo of one year fivrtt the dale (1) m which the Claimant gave the notion required by Paragraph 4.1 s Paragraph 4.2.3. or (Z) on which the ]sat labor s service was perfomred by anyone s the last materials s equipment were famished by anyone under the Conatnrctien Contract, whichever of (1) or (2) f[rst occur. If the provisions of this paagaph are void or prohibited by law, the minimum period of limitation available m sureties a9 a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contacts stall be mailed s delivered m the addresses alwwn m the signature page. Actual receipt of notice by Surety. Owner, s Contractor, however accomplished, :hall ba suiicient oorr~litutce as of the date received at the addr+eaa shown m the signature page. 13. When this Bond hw boon famished m.comply with a statutory roquirerrrent in the location where the Contract was m bo pafarmed, any provision in this Bond oarflicting with said statutory requiranent obeli be deemed deleted hercfi~om and provisions conforming to such statutory requiears:nt shall be deemed incorporated t-erein. The intent is drat this Band shall be construed as a atatutary Band and not as a common law bond. 14. Upon request of any person s entity appearing m be a potential beneficiary of thin Bond, Contacts shall promptly famish a copy of thin Bond s shall permit s copy m be made. 1 S. DEFRQ1T10NS IS.I. Chimartt An individual s entity ]raving a direct t~ntraet with Contactor, :with afirst-tier aubcartracmr of Contacwr. to iLmish labs, rrntaiala. s squipmwt fs use in the parforrnartce of the Contact. The infant of this Bond shall be m include without lirrritatisr in the terms "labor, t»ateriala s equipment' that part of water, gas, power, Nght, heat, oil, gasoline, telephone service, s rental equipment used in the Contract, architectural and engineering aervioa required for pa~fortrwtce of the Wok ~of Contactor and Contacts': Subcontractors, and atl other itarrte for which a mechanic's lien tray ba asserted in the jurisdiction whero the labs, materials, or equipment wen Rrtniahod. 15.2. Cmtract: The agrament between Owrur and Contracts identified an We signature page, including al] Contract Docwnarq sad changes therein. 15.3. Owner Dafwlt: Fsilurc of Owner, which bas neither ban renrediod rrar waived, m pay Cmtrtumr as required by the Contract s m perform and wmplete s comply with the other terms thereof. FOR INFORMATION ONLY -Name, Addreaa and Telephone SurrotyAgsacyorBroker: Payne Financial Group, Inc. 2323 2nd Ave. North, Billings, MT 59107 Owner's Repraeubtive (engineer or otter party): , , 00615-Z UNITED FLRE 8, CASUALTY COMPANY HOME OFFICE =CEDAR RAPIDS,, IOWA CERTIFIED COPY OF POWER OF ATTORNEY ' (Original on file at Home Office of Company -See Certification) KNOW. ALL MEN BY THESE PRESENTS, That the UNITED FIRE 8 CASUALTY COM#*ANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids,'State of Iowa, does make, constitute and aPPoint ~' SYLVIA TILZEY, OR ALLAN HULTGREN, OR J. SC(3TT MAGPHERSON, OR KELLEY A. MACPHERSON, OR LORI NEWTON; .ALL INDLVIDUALLY of BILLINGS MT its true and lawful Attorneyjs)-in-Fact with power and authority hereby. conferred to sign, seal and_exeeute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature. as follows:Any and Al 1 Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duiy authorized officers of UNITED FIRE & CASUALTY COMPANY' and all the acts of said Attorhey, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE ~ CASUALTY COMPANY. This power of Attorney is made and' executed pursuant to and by authority of the following By-Law duty adopted by Board of Directors of the Company on Apnl 18, .1973. "Article V -Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may; from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,. undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, .and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the .Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.: Such attorneys-in fact, subject to .the .limitations set forth in their respective. certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. ' .~"'"""'"'°~ IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by ~.~,-u`8"~c~y''~.,,, its vice president and its corporate seal to be hereto affixed this 20th day of January, 2005 cotroR~TE ~fAL ~ UNITED FIRE & CASUALTY COMPANY °~ ~a ,art, r ~ +wti~tr~ BY ~~'. ~' ~ Vice President State of Iowa, County of Linn, ss On 20th day of January, 2005, before me personally Came Randy A. Ramlo to me known, wha berng by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice ' President of the UNITED FFRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed .pursuant to authority given by the Board of Directors of said corporation and that he .signed his na e thereto pursuant to like authority and acknowledges same to be the act and deed of sard corporation _ ~ / , ~„t ; ~_ nit i 5~, fi+ ur~~~ NDtary Publrc~I./~ , h_.~. '- '' My cammissran ~~es: ' I, the undersigned officer of the UNITED FIRE & CASUALTY COMP ANY, do hereby. certify that I have compared the foregoing. copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth'in said Power of ' Attorney, with the ORIGINALS ON FILE IN THE :HOME OFFICE OF SAID COMPANY, and that he same are correct transcripts thereof and of the whole of the said originals, and that the'said Power of Attorney has not been revoked and is now in full force and effect.. ~~,~"'"~~~.~ In testimony whereof I have hereunto subscrrbed my name and. affrxed the corporate seal of the card Company: ' ~~' ~'~' this day of 20 COifOtllE ~ _ •.. ~. ~fMv~r nuutttt Secretary ' BOND00190802 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT i~ I , (See Montana Public Works Standard Specifications 5th Edition) ~~ n 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, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. ~ SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.O1.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. CodntP ~°er of lAttorney and Cert. fi atetof Insuranceuand copies of the required Bonds an 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 Wto nzn on the da eindicatedO the Notice to Proceeds The Contract Time will commence Y SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.OS.A.3 of the General Conditions which is to read as follows: 2.OS.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.O1.A.S.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as ~ the horse power, capacity or weight, and accessories. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 1 of 12 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.OS.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 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.O1.A.S.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.O1.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of--way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of--way without written permission from the property owner and tenant. SC - 4.02 -SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 2 of 12 SC - 4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 -UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC - 4.06 -HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: Reference is made to the Special Provisions for the identification..... 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 Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 3 of 12 insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy shall have been filed with the Owner and the Engineer. 1 All insurance coverages shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) e. Coverage will include: 1. Premises -Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personallnjury Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 4 of 12 $ 1.000,000.00 S Products and Completed Operations 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 Iniury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 PropertyDama~e: Each Accident (or) b. Combined Single Limit Coverage to Include 1. All Owned 2. Hired 3. Non-Owned t $1,000,000.00 $ 1,000,000.00 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 maybe satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence .limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4, of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,004.00 Aggregate $ 3,000,000.00 Secrion 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 5 of 12 it 1 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words " 30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and mainement ~ost thereof (subject such deductible site in the amount of the full replac amounts as may be provided. in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2, be written on a Builder's ~ at shall at least ncludeeinlsurance for causes of loss policy form physical loss and damage to the Work, temporary buildings, false work and materials and egeri meont in u ansi kfn oss al firesu 1 ghtning, at least the following p 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 silk or rov dedh thatocsuch pmateri is and incorporated in the Wo ~ p lication for Payment equipment have been included in an App recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner; Section 00810 SUPPLEMENTARY CONDITPOg 6To0i HE GENERAL CONDITIONS 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.C of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph 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 1 Add the following to Paragraph 6.02.B: - Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be j done without prior permission. ~ SC-6.04 PROGRESS SCHEDULE ~ Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: ~, 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future ~~ work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract ~? Time. No progress payment will be made to Contractor until the updated schedules are ~j submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor ~ from Contractor's full responsibility therefore. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 7 of 12 SC- 6.13 SAFETY AND PROTECTION Add new paragraphs to the end of paragraph 6.13.D of the General Conditions as follows: E. 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. F. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain 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 andlor replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. G. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not' be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. H. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 8 of 12 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. iL r R F E r 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.S.c of the General Conditions in its entirety and insert the following in its place: 11.O1.A.S.c The cost for the use of all construction equipment and machinery and parts thereof whether owned by the Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC-2.05 and SC-2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being performed. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 9 of 12 SC-11.03 UNIT PRICE WORK ' Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a 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: ' Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill ' of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.OZ.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.S.a through 14.02.B.S.d inclusive, 14.02.D. l.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 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' Page 10 of 12 SC -14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and will be paid by Owner to Contractor with in 30 days of the day of the month stipulated above at the preconstruction conference. 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 full insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.OS.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 11 of 12 use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has 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. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.O1.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 Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 12 of 12 MONTANA PREVAILING WAGE RATES Highway Construction Rates effective: March 10, 2006 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, contact: Research and Analysis Bureau, Workforce Services Division Montana Department of Labor and Industry P. O. Box 1728, 840 Helena Ave. Helena, MT 59624-1728 Phone 406-444-2430 FAX 406-444-2638 Toll free 800-541-3904 TDD 406-444-0532 We're also on the Internet at: www.ourfactsyourfuture.org For information relating to public works projects and payment of prevailing wage rates visit ERD at: www.mtvvagehourbopa.com or contact them at Employment Relations Division Montana Department of Labor and Industry P. O. Box 6518 Helena, MT 59604-6518 Phone 406-444-5600 TDD 406-444-5549 The Research and Analysis Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to provide information in accessible format, on request, in compliance with the Americans with Disabilities Act. Highway Construction -Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ..................................................................4 B. Definition of Highway Construction .......................................4 C. Definition of Public Works Projects ........................................4 D. Prevailing Wage Schedule .......................................................4 E. Fringe Benefits ........................................................................5 F. Apprentices ..............................................................................6 G. Posting Notice of Prevailing Wage .........................................6 H. Employment Preference ..........................................................6 I. Rates to use for Projects ...........................................................6 2 Highway Construction -Montana MONTANA PREVAILING WAGE REQUIREMENTS i~ c Highway Construction The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401. and 18-2-402 of the Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2- 401, et seq., Montana Code Annotated. It is required that each employer pay, as a minimum, the rate of wages, including fringe benefits and zone pay applicable to those occupations in which the work is being performed, as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the Internet at: www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at (800} 541-3904 or TDD (406) 444-0532. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and payment of prevailing wages. For detailed compliance information relating to Public Works projects and payment of prevailing wage rates, please consult the Regulations on the Internet at: wwvy.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. KEITH KELLY Commissioner Department of Labor and Industry State of Montana Highway Construction -Montana A. Date of Publication: March 10, 2006 i~ i~ 1 B. Definition of Highway Construction The Administrative Rules of Montana (ARM) 24.17.501 (3) - 3(a), Public Works Contracts For Construction Services Subject to Prevailing Rates, states that "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highways construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway), grade crossing elimination. (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails." Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No. MT20030002 10/07/2005 have been adopted by the Montana Department of Labor and Industry for use in Highway Construction projects and are included in this publication. These rates apply statewide or as shown in MT20030002 10/07/2005. C. Definition of Public Works Projects The Montana Code Annotated (18-2-401 (11)(a)) defines "public works contract'' as "a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision is which the total cost of the contract is in excess of $25,000." D. Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules for Building Construction, Heavy Construction and Non-construction Services occupations can be found on the Internet at www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. E. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states that: 4 Highway Construction -Montana "(1)... a contractor or subcontractor may: (a) pay the amount of fringe benefits and the ' basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe beneft fund, plan, or program. that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the ' United States Department of Labor; or (c) make payments using any combination of methods set forth in subsections ' (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions that meet the requirements of the Employee Retirement Income Security Act of 1974, travel, or other bona fide programs approved by the United States Department of Labor; that is applicable to the district for the particular type of work being performed. ' (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 1.974 or that are approved by the United States Department of Labor." ' Employers are obligated to pay the wage rates and fringes as listed in the booklet, including the zone hourly rate when applicable. For heavy and highway construction occupations, the vacation benefit amount is not included in the prevailing wage rate, unless stated otherwise. 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. F. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. However, apprentices not registered in approved federal or state apprenticeship programs will be paid the prevailing wage rate when working on a public works contract. G. Posting Notice of Prevailing Wages Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are performing work or providing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages to be paid to the employees on such site or work area. Highway Construction -Montana ' H. Employment Preference Sections 18-2-403 and 18-2-409, Montana Code Annotated require contractors to give ' preference to the employment of bona fide Montana residents in the performance of work on public works contracts. I. Rates to Use for Projects Rates to be used on a public works project are those that are in effect at the time the ' project and bid specifications are advertised. 'I ~I ' 6 Highway Construction -Montana MONTANA STATEWIDE PREVAILING DAVIS-BACON Rates Effective: March 10, 2006 HIGHWAY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide. 7 Highway Construction -Montana HIGHWAY CONSTRUCTION PROJECTS **ZONE PAY** CARPENTERS, CEMENTS MASONS, IRON WORKERS, LABORERS, POWER EQUIPMENT OPERATORS, TRUCK DRIVERS The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Court House of the following towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA ZONE l: 0 to 30 miles ZONE 2: 30 to 60 miles - Base Pay +$2.20 ZONE 3: Over 60 miles - Base Pay + $3.20 8 Highway Construction -Montana Rates Fringes Carpenters: Carpenter ................... $, 21.64 6.00 Piledriverman ............... $ 21.64 6.00 Cement Mason ................... $ 19.39 6.00 Electricians: Area 1 ...................... $ 18.74 2.93+3.8% Area 2 ...................... $ 20.13 4.76+3.8% Area 3 ...................... $ 19.98 3.44+3.8a Area 4 ...................... $ 19.84 3.51+3.80 Area 5 ...................... $ 20.54 3.54+3.8% Area 6 ...................... $ 18.02 3.44+3.8a ELECTRICIANS AREA DESCRIPTIONS AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties AREA 2: Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie, Rosebud, Stillwater, Treasure, Wibaux, and Yellowstone counties AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland Counties AREA 4: Broadwater, Lewis and Clark, and Meagher Counties AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties AREA 6: Gallatin, Park, and Sweet Grass Counties Ironworker Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Cos....$ 22.54 10.99 Remaining Counties..........$ 21.04 10.87 9 Highway Construction -Montana Laborers: Group 1 ............. ........$ 15.59 6.00 Group 2 ............. ........$ 18.16 6.00 Group 3 ............. ........$ 18.34 6.00 Group 4 ............. ........$ 19.17 6.00 LABORERS CLASSIFICATIONS GROUP 1: Flag person GROUP 2: All General Labor work; Burning Bar; Bucket man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete worker; Curb Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control worker GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzlemen; Jackhammer (Pavement Breaker); Laser equipment; Non-riding Rollers; Pipelayer; Posthole Digger (power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter- power; Tampers GROUP 4: Ashpalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck mounted Wagon Drill; Welder including Air Arc Line Construction Equipment Operator..........$ 19.16 5.05 Groundman ...................$ 15.40 5.05 Painters :......................$ 19.55 5.50 Pavement marking and related work. Includes operating marking and all other equipment and all work involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies, paints, tape, buttons, thermo- plastics and any other products 10 Highway Construction -Montana applied for traffic marking purposes and for directing and regulating traffic Power Equipment Operator .$ 19.54 Group 1 . 6.00 ' ................... Group 2. .$ 20.43 6.00 Group 3 .....................$ 21.19 6.00 $ 21.80 Group 4 . 6.00 ' ................... Group 5. .$ 22.98 6.00 Group 6 .....................$ 23.58 6.00 ' Group 7 .....................$ 25.42 6.00 POWER EQUIPMENT OPERATORS CLASSIFICATIONS ' GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine (small); Cement Silo, Crane; Crusher Conveyor, DW-10, 15, and 20 ' Tractor Roller; Farm Tractor; Forklift; Form-Grader; Front- end Loader under 1 cu yd;0iler, Heavy Duty Drills; Pumpman; Oiler (A11, except Cranes and Shovels) GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to & incl 3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, large: Broom, Self-Propelled; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine; Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber tired, Push, and Side Boom; Drills, Heavy Duty (all types); Elevating Grader/Gradall; Field Equipment Serviceman; Front-end Loader 1 cu yd to and incl. 5 cu yd; Grade Setter; Hoist/Tugger (All Hydralift & Similar); Industrial Locomotive; Motor Patrol (Except Finish); Mountain Skidder; Oiler, Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete/ Grout Machine; Punch Truck; Rollers (All except Asphalt Finish and Breakdown); Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine; Backhoe/Excavator/Shovel larger than 3 cu yd; Asphalt Screed; Concrete Batch Plant; Cableway Highline; Concrete Curing Machine; Cranes, 24 tons & under; Cranes, Creter; Cranes, Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; Mechanic/Welder; Pioneer Dozer; Rotomill 6 ft and over; Scraper, Single Engine; Scraper Twin or pulling Belly Dump; Yo Yo Cat Front-end Loader over 5 cu yd; 11 Highway Construction -Montana GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper SPECIAL OPERATORS: GROUP 5: Cranes, 45 tons to and including 74 tons GROUP 6: Cranes, 75 tons to and including 149 tons GROUP 7: Cranes, 150 tons to and including 250 tons; Cranes over 250 tons: add $1.00 for every 100 tons over 250 tons; Crane, Stiff-Leg or Derrick; Crane, Tower all); Crane, Whirley (all); Helicopter Hoist Truck drivers: Group 1 .....................$ 16.91 6.00 Group 2 .....................$ 21.64 6.00 GROUP 1: Pilot Car ' GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat ' Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks ----------------------------------------------------------- ' WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included ' within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . ' 12 Highway Construction -Montana ' In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been ' determined to be prevailing. END OF GENERAL DECISION 13 Highway Construction -Montana SPECIAL PROVISIONS ' 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, ' equipment, supplies and services necessary for the construction of Seal Coat Improvements, Cold Milling and Hot Mix Overlays, and Pavement Marking Replacement. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Fourth Edition (MPWSS), published .2003, and as further modified by the City of Bozeman Modifications to MPWSS, dated March 2004, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, is a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK Seal Coat Improvements: This work consists of chip sealing the various streets within the City of Bozeman as shown in Appendix B of this specification in accordance with the provisions of these specifications. Cold Milling and Hot Mix Overlay: This work consists of 2" cold milling and 2" hot mix overlay of the existing bituminous pavement for those streets depicted in Appendix B of these specifications. Some streets will only be ~~edge milled~~ and then overlaid; other streets will be cold milled for the full pavement width and then overlaid, as shown on the plan sheets in Appendix B. Cold milling shall be done in accordance with Section 411, ~~Standard Specifications for Road and Bridge Construction" , 1995 Edition, adopted by the Montana Department of Transportation. Pavement Marking Replacement: This work involves furnishing all labor, materials, equipment, supplies and services necessary for the installation of hot inlaid thermoplastic pavement markings as shown on the plans in Appendix B. 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation 1 SPECIAL PROVISIONS to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $100.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. SPECIAL PROVISIONS 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have afull-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. WARRANTY If, within one year after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 3 SPECIAL PROVISIONS 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for ' any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 4 SPECIAL PROVISIONS 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in ' this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on ' Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. ' Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a ' detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging ' and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. ' B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, ' of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. C. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be ' placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. ' All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and ' obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. ' All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. ' D. Measurement and Payment. No separate measurement and payment shall be made for construction traffic control. Construction traffic control shall be considered an incidental cost to be included in other items in the contract requiring traffic control to complete that item. ' 5 SPECIAL PROVISIONS 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated ' with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment shalt befitted 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 shal I be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency 6 SPECIAL PROVISIONS maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner and shall be delivered to a site of the Owner's choosing within the property limits of said Owner. Should the Owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be at the Contractor's expense. Milled asphaltic pavement material shall be salvaged and shall be delivered by the Contractor to the City-owned yard on N. Rouse Avenue north of Griffin Drive. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 24. SUPPLEMENTAL TECHNICAL SPECIFICATIONS The proposed application rates for the seal coat improvements are 0.34 gal/SY (cold) for the emulsified asphalt, and 26 Ibs/SY for the 3/8" aggregate. Adjustments of the application rates may be required to achieve the desired coverage. The cationic emulsified asphalt for Seal Coat Improvements, shall be CRS-2P, in accordance with the following table (Table 702-8, Montana Supplemental Specifications): SPECIAL PROVISIONS TABLE 702-8 LATEX OR POLYMER MODIFIED CRS-2 EMULSIFIED ASPHALT Pro ert Test Method LMCRS-2 CRS-2P Viscosi 122°F 50°C AASHTO T-59 75-400 Sec.' 50-400 Sec. Sieve AASHTO T-59 0.3% max. 0.3% max. Settlement, 5 Da s AASHTO T-59 5% max. 5% max. Demulsibili AASHTO T-59 40% min. 40% min. Storage Stability, Test 1 Da AASHTO T-59 1 % max. 1 % max. Particle Char e AASHTO T-59 Positive Positive Ash Content AASHTO T-111 0.2% max. 0.2% max. Tests on Residue by Evaporation: Percent Residue AASHTO T-59 65% min. 65% min. Penetration 77 F (25° ), 100 , 5 sec. AASHTO T-49 100-200 100-250 Ductility @ 77°F (25°C), 5 cm/min. AASHTO T-51 40 cm, min. 75 cm, min. Elastic Recove AASHTO T-301 58% min. Torsional Recove MT-333 18% min. SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. No separate measurement and payment shall be made for traffic control. Item 101: Cationic Emulsified Asphalt, in place. This item shall be measured and paid for by the number of gallons at the contract unit price for "CRS-2P Emulsified Asphalt" material used and accepted in the work, corrected to gallons at 60 degrees F. The unit price and payment shall constitute full compensation for all demurrage, storage, handling and all other charges, tools, equipment, labor and performance of all work necessary or incidental to the furnishing, delivery, unloading, heating, hauling and spreading of the asphalt material specified. Payments will be made only for the asphalt required and actually used in the work. The Owner ' will accept no responsibility for any oil shipped in excess of requirements because of tank- truck or tan k-car capacities or for other reasons. Item 102: Seal Coat Acygregate, 3/8" Gradation, in place. This item shall be measured and paid for by the ton of 2,000 pounds for 3/8" seal coat aggregate at the contract unit price bid. The unit price and payment shall constitute full compensation for the furnishing, delivering, and placing of the material; compacting and rolling; for covering excess asphaltic material; and for all labor, equipment, tools, traffic control, and incidentals necessary to complete this item. Item 103: Cold Milling_of Existing Pavement (2" nominal depth).. Cold Milling of existing pavement shall be measured and paid for by the square yard of pavement removed to the specified nominal depth. Should the City Engineer direct, in writing, removal to a depth greaterthan specified, the measured area involved will be increased by the ratio of the ordered depth to the specified minimum depth. Such price and payment shall be full compensation for cold milling, salvaging, hauling, handling and stockpiling, or disposal of the milled materials, and incidentals necessary to complete this item. 1 MEASUREMENT AND PAYMENT ' Item 104: Hot Mix As halt Surface Course T e B Plant Mix in lace. t This item shall be measured and paid for by the ton of 2,000 pounds of compacted Hot Mix Asphalt Surface Course, Type B Plant Mix, in place. The unit price and payment shall constitute full compensation for cleaning underlying course; application of SS-1 tack coats; for ' furnishing, handling, hauling, placing, shaping, compacting and finishing of the paving mix; matching finished street grade to existing manhole, valve box, and curb box grade; for ' improving unsatisfactory areas; for placing leveling courses as required; for all materials (inclusive of asphalt), manipulation, labor, tools, equipment, and incidentals necessary to complete the work in full compliance with these specifications. Item 105: Adiust Valve Box. ' This item shall be measured and paid for by the number of valve boxes, and curb boxes adjusted to the finished street grade through 1) the proper adjustment of the existing valve box adjustment mechanisms (slip-type or screw-type), or 2) installation of an adjustable riser if ' compatible. The required adjustable risers shall be provided by the City at no cost to the Contractor, and shall be Tyler Corporation No. 69 screw-type adjustable riser (2 1/2" - 9"). The unit price and payment shall constitute full compensation for all incidental materials, ' excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. Item 106: Adiust Manhole Rino and Cover. This item shall be measured and paid for by the number of sanitary sewer, storm sewer, or ' telephone manhole rings and covers adjusted to the final street grade through the use of concrete adjusting rings as defined in the specifications. The unit price and payment shall constitute full compensation for all materials, excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. Items 107, 108, 109, 110, and 111: Themoplastic striping material. These items shall be measured and paid for as per MPWSS Section 02582, 4.1. 2 MEASUREMENT AND PAYMENT APPENDIX A Standard Drawings .T CAI N1C l~ T!l TT ('I . 1. Adjust manholes upward with adjusting rings under frame. 2. Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade. 3. Slope manhole frame as required to mathch slope of street. 4. Final manhole adjustment shall be made before paving. 5. All joints between manhole sections, top cone, adjusting rings, and manhole ring shall be watertight. Joint material shall be "Ram-Nek" or approved equal. 6. Manhole ring and cover shal be adjusted to match final crown and grade of street. Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required angle. 7. Manhole ring and cover: use MCI 305 frame, 305A cover, IFCO 772 frame, 772-B cover, or Deeter 1025, or D & L A-1172 with 1" cover. CITY OF BOZEMAN STANDARD DRAWING E M~RISTNC S NECESWIY -12' WK) Scale: MANHOLE ADJUSTMENT N0.02213-1 None DETAIL Rev. Apri12005 f s- COMPP NOTES: 1. Adjust water valves upward or downward os required. Fnal adjustment shall be made after paving and before seal coating. 2. Model No. 69 8550 series, East Jordon Iron works adjustable screw-type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT N0. 02213-2 STANDARD DRAWING NONE DETAIL Feb. 2004 li 1 1 1 - ~ ~i 1----1 _-- CITY OF BOZEMAN ' STANDARD DRAWING White NOTE: The location of the crosswalk lines are dependent upon location of the sidewalks. SCALE: TYPICAL PAVEMENT MARKINGS N0. 02581-1 NONE FOR PEDESTRIAN CROSSINGS FEB. 1996 (TYPE "A" CROSSINGS) Revised ,July 2002 1 2' ~. School Crossing -2~ 24" White ~ - 8' Typical NOTE: The location of the crosswalk lines are dependent upon location of the sidewalks. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS N0. 02581 -2 NONE FOR SCHOOL CROSSINGS FEB. 1996 STANDARD DRAWING TYPE "B" CROSSINGS Revised Dec 2003 APPENDIX B Work Locations Maps Estimated Quantities Plan Sheets Z ~~ ~ TSCHACHE LN `~ w ~ ~ W Q ~ Q BREEZE~LN F" ~ U U N ~ ~, z ~ a COBBLESTONE PL W W Q W w z ~~ W OAK ST ~~ aDOOCj ALLISON CT d JOHN DEER ST > w Q ~ MCC CATERPILLAR ST ~ CASE CT ¢~ ~ ~ w HARRIS ST L- ~, ~ ~.h > > ~ GENA CI~R ~~ r~ ~ ~ W MEN~DE~HALL ST ,~ a V d Q d ~ Q Q a] Ex-+ N N z z EALL S' B TSCHACHE W OAK ST WHEELER DR MAPLE OW OD ST ~RMICK ST DAWS DR Mo ~~ Q ~ ~ z z ~, ~ GOLDENROD LN x ALL sT ~ ~ DAISY DR G RM ~ FA A~~EST ' 9 `° ANNIE STS ~~ ~ LILY DR ~R ~ w n: w I,IL > Q Q ~ Q ¢ ROSE ST ll ~ oS S~ w =~J ~~~ R ~ `a, ~ i N SNAPDRAGO xll C7l OLIVER ST d Z -3J~~J ~~ DAFFODIL S' ~ z ~ DURSTON RD ST 3 ~ DOVE CT ~ Q W x ~" ~' ~ Q Q Q p W ~ GROUSE CT y, G~ ~ a ~ Q a u ? W VILLARD ST F ~ W~EW-~ 3 ~ Q JENNIFER WAY x ~ ¢ 3 ~ Z GREENWAY~ CT 3 N '°~,~ U ~ z BITTERROOT , ~A u WAY CAMEAHWAITST W ~ ---- WORK LOCATIONS N 2007 STREET IMPROVEMENTS W E SEAL COAT APPLICATIONS s WORK LOCATION MAP PG 1 ~' ~, z ° ~ a z ~ ~ d d ~ O ,yam ~ d Od ~ ~ G m `~ 2 D OSE ~ C~'/' ~,L N r ,~ x > HARRIS ST 3 ° G ¢ ~ z ,~, ~ GOLDENROD LN x ~ ~~ sT ~ ~ DAISY DR y ¢ RMA c11 G ~ eA P~NIES~c 9 °' ~ ANNIE ST~_ Q ~ LILY DR RO G~, _ J ~ 1J1•`I DR > > 'p ca ¢ ¢ [Q~ ROSE ST Rose ~, -d~ ~~~ ~ ~~ W x1 CT ~ o Ros `y ¢ [N] SNAPDRAGON ST ~ 31 Ca] oLIVER sT ° a DAFFODIL ST m vi ~ DURSTON RD ST 3 ~ DOVE CT a Q W w ~" ¢ Q ~ ~ 3 GROUSE CT ~ Z ~ N a ~ I~ 13 x > e-°°J a x ; W VILLARD ST w W~H d oho `Q JENNIFER WAY x ~~ a 3 ~ ~Nv ~Z, GREENWAY CT ~ N II `A~TF U ~ z ~.TT ~ ... , y CAMEAHWAIT ST' W ~ Q w x Q ~: x w a V '3 0 ,~ /~I a d ~_ Q YOR SK T ~ W B W Q w 3 0 w OCK ST O a W ~. Q •'~ Q z Q z r ~-P~ 0 3 z c~ p ~'2 MAGDALENE WAY 3 x w H GENA ~-><AB TREE ST G~ A OLJ~ I C a `~sTa a o ~~~ ~ F x ~. m x Q ~ ,~~, ~aH,cc sT w 9~fCy~ ~ ~ ~~-~- ~ ~- 3 HUFFINE LN o W COLLEGE ST MONTREUX ST oG / 0 ri NORM (ANDY ST 3 `~j w a q N w N ~ a ~- ~ F cL ~ O Q ~. ~ a W W w o a ~d d ~ F F ~ U ~ Q w ~, G~ w M Oa' ~ 3 N w ~ ~ zj ~ w ¢ 3 3 o r~ o ~ ~ x o -_ e z z ~ ~ w w ~' o ~ ~ z ~ ~ ~ ~^ ~T W SI i YENS ST Cn~~ \~~ I 'T~ ~D AVE ~ ~titi ~ lug O ~~, ST' ~,2 ~ TERRA m ' G] ~ ~ ~ H ~ ~ ~ ~ ~ n N ~ _ z z z z z BEALL ST Q E-~ rn zl N W MAIN w W OLIVE ST Q W w w H '¢ ¢ ¢ ° H x x ~ ~ ~ ~ ~ ~ ~ s `a z b W DII W Q H rn ST a y N -- WORK LOCATIONS 2007 STREET IMPROVEMENTS W E SEAL COAT APPLICATIONS s WORK LOCATION MAP PG 2 z ~ W 3 ¢ A ~ F z ~ < c z ~' ~ ~ ~~ ^ ^ ~ ~ ~ > > ~ ~ ~J L->1 ~ N E KOCH ST N ^ ^ ~ ^ ^ ~U~ m W Bc)(f1~:RT Pf. W STORY ST ¢ Q >¢¢~ V DIGKERSON ST ~I'TI w ~ ^ ^ ^ ^ ^ vPF, ~ ^ W DICK~ER~SO~ ~ ~ Q N N v, E 5"TORY > h > > w w E n~ son d ~ ~~ ¢ ^ ¢ ^^ ^~~ON ST ~~'az1 ~ ~J/////// Nea LN ~ ~ ~ N ^~C~^ Q ¢ ~~~~ ~ ~ F ALUY.'UE ST N of o, W COLLEGF. ST E COLLEGE ST ON` IEF;EERS9N_CT - .. x ~~~ EsGJ _ ~ ~ _~ ~ W HA~ON ST ~^^~~~ iNrosH cT ~ ~~ ~ = ~ O1 u E HARRISON ST ///\~`~~~ wE ~ ~c r ~ w cLevELnrm s~ W CLEF VELAND ST ~ ICE POND ~ GLncmR cr E cLEVeLnxD sli ~' I ox crc"r yi n,~ InMnlrnNf~~R I ~~ ¢ ARTHUR ST ST ILJI ~ U GOP ILR S"I~ _ ~ n ~nlsl~-~ F_ W GA~RFIELD~ ST~ E GARIFI`ELD ST CT ~ ~ ~ ~~~ ~~J ~ [zl [rl y ' Q Q ~' I- ~ m ~ N ~WG NT T ~¢. O z x ~ ~ W LINCOLN ST ~ w ~ > W LINCOL 57' O ~ Z ~' z BOBLP Q E LINCOLN ST 4 „1 }o ~ z 3 ; PC W MASON ST 3 d ~ v F' j Q \ v~ E MASON ST x ¢ x N .. 3 ~ ~ \\ dP y ACCOLA DR < r w `" w ~ HOFFMAN DR%~ W KAGY BLVD ~ ~~ n G P ~y ~~ Q. U J U I 3~/ \~ BLVn N W E S pC HOLLOW WAY lJn zll HERITAGE DR LEXINGTON DR SILVERWOOD Pd RY PI DR NASH W F~I.DV~IA' CIR ~~ WORK LOCATIONS 2007 STREET IMPROVEMENTS COLD MILLING HOT MIX OVERLAYS WORK VICINITY MAP } O CO N N 47 w m C ~ ~ ~ ~ ~ O L N U ~ _ O ~ M M ~ ~ _~ a ~p N 07 ~ M ~ U C7 C'7 lf') n n GO ~ O O n In ~ D1 W O O) ~ M M N O c'7 CD m O r M~ at n e- N N N N N ~- O 0 I M n e- ~ aD ~ M O~ O O N U7 n (O [r M M M O e'') ~ M O W O~ O~ O) O 1i'7 ~ n d' M N D1 M N n T ~ `~ T M CO M O (D M (D (O r (p N O N ~ N M N N N Cn .'+ _ F- _ 0 0~~~ O O O O O n ~t ~ M M CO O N ~C O D) ~ n O N~ m O N 0 (O W O n V' (D O LZL ~ (n O N <t B O R O N Q) M A W Q7 O) O Cn 1n ~ N m ~ N Cn ~ ~ d ~ ai N m Q W to o >, c >. W Q ~ W f-UQ ~°>U j ~ > Q) 00 U to cn w a~ ~ ~ ca c z Q ~ ~ m `c E n d W L C C C Tin d N N N y N T H .y p T O N U (nip J>~ZQ~~SQCOJC7~U2Q m~ N L1. H O ~ ~ ~ ~ ~ N O O Vl O 3 w J 3 n n 0 - 0 N 0 N N ~ .- 7 LL J N o0 O V N ~ N W LL J ~ O M M M ~ O M N Q W N 7 r ~.. Q c .- n ~ a Q C O X ~ O O a) O O eo n O n rn N O O N C N a. rn_MO urn (n M M N O ~Y O n ~ O O V N t0 O C N _ ~ E m N ~ ~ -_ D) N ~ U C ~ - C ~ U ~ N 'O ~ -_ L 'p 4) ~ E _ ~ C 7 (O C y N `~ (0 C7 - - O ~ 41 -p - N ~-' ~ N ~ C ~ ~ C _ Q .. ~ ~ C ~ U ~ .~ Y ~ cq c ~ o o ;~ ~ o o U ~_ ~ o > ~ C = J ~ T ~ m U J ~ ~ ~ m ~ N j Y Q U7 ~ D7 ~ W _ s Q c y~<> ~ o~~ NmC7 cL C _ f6 ... ~o 0 Client#: 4388 BSASPHAL ACORD,~ CERTIFICATE OF LIABILITY INSURANCE o °~"' osiii i PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hoiness LaBar Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Member of Pa ne Financial Grou y p HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 30638 Billings, MT 59107-0638 INSURERS AFFORDING COVERAGE NAIC # INSURED wsuRERA: Continental Western Big Sky Asphalt, Inc. INSURER B: P. O. Box 835 INSURER C: Bozeman, MT 59715 INSURER D: INSURER E: COVERAGES 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 CONTRACTOR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR D NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS A X GENERAL LIABILITY CWP232027926 07~01~07 07~01~08 EACH OCCURRENCE $1 Q00 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $700 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $rj 000 X PD Ded:2,000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 000 000 POLICY X PRO LOC JECT A AUT OMOBILE LU\BILITY CWP232027926 07~01~07 07/01/08 COMBINED SINGLE LIMIT (Ea accident) g1 000 000 > > X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY CU232028325 07/01/07 07/01/08 EACH OCCURRENCE $2 000 000 X OCCUR ~ CLAIMS MADE AGGREGATE $2 000 000 DEDUCTIBLE $ X RETENTION $ 0 $ WC STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR E.L. EACH ACCIDENT $ /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate holder is additional insured as required by written contract. Cancellation for non-payment of premium is 45 days. RE: City of Bozeman 2007 Street Improvements GtK I ItIGA 1 t MULUtK GANGtLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Bozeman DATE THEREOF, THE ISSUING INSURER WILL Rt(Jtjt7tq[MAIL ~,$~ DAYS WRITTEN Engineer Sr Engineer's Consultants NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,~J(7~J~ P O Box 1230 ~eoxll~~tx~ax~xxaotraxxeaya~czx~x~xxcxxx~xocos~cxx Bozeman, MT 59771 xea~~JS>ROCOemvx;Lx AI:UKULS (LUU'1/U15) 1 Of Z #28$756 LN1 t7 AI;VKU (:UKYVKAI IUN lytstf ' ~ Client#: 4388 DATE (MMIDD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSUIRANCEMATTEROFINFORMATION -- THIS CERTIFICAT PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hoiness LaBar Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A Member of Payne Financial Group ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 30638 Billings, MT 59107-0638 INSURED Big Sky Asphalt, Inc. I P. O. Box 835 Bozeman, MT 59771 INSURERS AFFORDING COVERAGE INSURER A: Montana State Fund INSURER B: INSURER C: INSURER D: INSURER E: NAIC # COVERAGES THE POLICIES OF INSURANCE LISTEDTIOLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDI N OF ANY CONTRACTOR OTHER DOCUMENT WITH RE O ALL THOE EIRMS HEXCLUSIONS AND CONDITIONS OFO SUCH ANY REQUIREMENT, TERM OR CONDI POLICIES. AGGREGATEULM TS 6HOWN MAY HAVE BEENI REDUCED BY PAID CLAIMS. SUBJEC POLICY EFFECTIVE POLICY EXPIRATION LIMITS POLICY NUMBER DATE MMIDDIYY DATE MMIDDIYY INSR TYPE OF INSURANCE EACH OCCURRENCE $ LTR NSR GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES Ea occurrence COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC POLICY n JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO :SSIUMBRELLA LIABILITY OCCUR ~ CLAIMS MADE DEDUCTIBLE A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? ECUTIVE If ves, describe under OTHER 032572307 COMBINED SINGLE LIMIT I $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ 0710110$ X WC STATU- OTH- 07101107 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT 9 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS All operations of the insured's Montana resident employees. RE: City of Bozeman 2007 Street Improvements City of Bozeman Engineer & Engineer's Consultants P O Box 1230 Bozeman, MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TRAYS WRITTENry DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1D._ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTH~ORrIZED REPRE ~NTAT~IV.~E LN1 © ACORD CORPORATION 198 ACORD 25 (2001108) 1 of 2 #M288359 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain require an endorsement. A statement on this certificate does not confer rights to theocelrt'ficate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 25-S (2001/08) 2 of 2 #M288359 crPnt~e• asRa RS~SPH01 ACORD,~ CERTIFICATE OF LIABILITY INSURANCE 06;2; 0;°"~"' , PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hoiness LaBar Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Member of Payne Financial Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Y THE POLICIES BELOW. ALTER THE COVERAGE AFFORDED B P.O. Box 30638 Billings, MT 59107-0638 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: COntlnental Western City of Bozeman INSURER B: Engineer & Engineer's Consultants INSURER C: PO Box 1230 INSURER D: Bozeman MT 59771 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS D POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS A GENERAL LIABILITY BINDER726627 Os/27/20~7 06~27~2008 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ X OCP PERSONAL & ADV INJURY $ GENERAL AGGREGATE $3 OOp 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ PRO POLICY LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: City of Bozeman 2007 Street Improvements tKrlr City of Bozeman Engineer & Engineer's Consultants %Big Sky Asphalt, inc. PO Box 1230 Bozeman MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ar'' ~. ~ °."t'.? A(:UKU'Lb (LUUI/UtS) 1 Of 2 #288763 LN1 ©A(:UKU (;UKI'VKAI IUN lytftl IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 pf 2 #288763 RRA~PNAT, ACORD~., EVIDENCE OF PROPERTY INSURANCE DATE(MM,DD/YY,- 06/27/07 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER PHONE _ A/C No Ext COMPANY Hoiness LaBar nsurance Cincinnati Insurance Company A Member of Payne Financial Group P.O. Box 145496 P.O. Box 30638 Cincinnati, OH 45250-5496 Billings, MT 59107-0638 CODE: SUB CODE: AGENCY CUSTOMER ID #: INSURED LOAN NUMBER POLICY NUMBER Big Sky Asphalt, Inc. BINDER726632 P . O . BOX 8 3 5 EFFECTIVE DATE EXPIRATION DATE Bozeman, MT 59771 06/27/07 06/27/08 TERMINATED IF CHECKED I THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESC RI PTIO N City of Bozeman 2007 Street Improvements COVERAGEINFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk/Special w/Theft $287,945 $2,500 REMARKS (Including Special Conditions) CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 4 5 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED Clty Of Bozeman Engineer Subcontracto , , LOSS PAYEE sub-subcontractors LOAN# PO Box 1230 Bozeman MT 5 9 7 71 AUTHORIZED REPRESENTATIVE ~~ ACORD 27 (3/93) 1 of 1 4 9 2 9 0 LNl O ACQRD CORPORATION 199