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Home My WebLink About2008 Curbing and Sidewalk Improvements Contract Documents• CITY OF BOZEMAN, MONTANA INVITATION TO BID 2008 Curbing and Sidewalk Improvements The City of Bozeman will receive sealed bids for its 2008 Curbing and Sidewalk Improvements contract. 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 unti12:00 p.m., local time, May 13, 2008 and then publicly opened and read thereafter. The project consists of removing and replacing concrete curb and gutter, installing pedestrian ramps, constructing new concrete sidewalks, and replacing existing concrete sidewalks. New sidewalks are proposed on St. Andrews Drive. Curb replacement is proposed in the 600 and 700 blocks of S. Stn Ave. and the 800 block of Alderson Street. 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 E. Olive Street, Bozeman, Montana 59771-1230. 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 laws of the State of Montana, and the contractor's registration number shall appear upon such bid or proposal, and no contract shall be awarded to any contractor unless he is the holder of registration, all as defined by MCA 39-9-101 through 410. All laborers and mechanics employed by contractors or sub-contractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the State of Montana. The contractor must ensure that employees and applicants for 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, May 13, 2008. 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 1 INVITATION TO BID P1171.. ~ O/ L/ GVVO ! ~tl JO Y!•1 YHU'L. G/ UVG L.i1,5LC1-il -1Z11IC fyUi1C ~j~~~. . . C -.. CERTIFICA7ENUMBER /'+C~'T1~I/'+J1"~"~. Y"1~ IIt1C•1[L'~]Ai~l/'+ . ? "" " ' . . I 1ay!{ . .. . l1 U 1~1Fw3~.J f~! Ill t1rRl -1y4aC CHI-001846288-05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA I hC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THESE PROVIDED IN THE 333 South 7th Street, Suite 1600 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXPEND OR ALTER THE COVERAGE Minneapolis, MN 55402-2400 AFFORDED BY THEPOUCIESDESCRIBEDHEREIN. COMPANIES AFFORDING COVERAGE ~' COMPANY 43750-JTLBE-GAX-O8-09 A LIBERTY MUTUAL FIRE INS. CO. INSURED ~ COMPANY KNIFE RIVER -BELGRADE ~ B ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LTD. PO BOX 9 BELGRADE, MT 59714-0009 COMPANY _ C COMPANY D I COVERAGES" Thts certiftcate supersedes and replaces any previously issued certi$cate for the policy period Noted below THIS IS TO CERTIFY THAI POLICIES 0-r INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLfGY PERIOD INDICATED. NOTWTHSTANDtNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LJNNTS LTR DATE (MMlODIYY) DATE (MMIDDlYY) A GENERALUABIUTY 782641005097-048 01/01/08 01/01/09 GENERAL AGGREGATE $ 2,000,000 X GOMM ERCIPL GENERAL LIABIL RY PRODUCTS• COMP/OP AGG $ 2,000,000 CLAIMS MADE ~OCGUR PERSONAL&ADVINJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,DDO,000 X ER PROJECTAGGREGAT FtREDAMAGE(Anyonefire) $ 500,000 MED EXP (Any one person) $ 10,000 A AUT OMOBILE uABILITY AS2 641 D05097-058 01/01/08 01/01/09 000 000 1 COMBINED SINGLE LIMIT , , $ X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X (Per ecciderrt) NON•OWNED AUTOS PROPERTY DPM AGE $ GARAGE UABILfrY AUTO ONLY - EA ACCDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ B ExcessuAeluTY X0259A1A08 01/01/08 01/01/09 EACH OCCURRENCE _ $ 5,000,000 UMBRELLA FORM AGGREGATE $ S,000,OOO X OTHER THAN UMBRELLA FORM $ S MP NS ION AND EMP LOYERS' LIABILJTY TORY LIMfTS ER EL EACH ACCIDENT $ THE PROPRIETOR! INGL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTNE OFFICERS ARE: ~ EXCL EL DISEASE•EACH EMPLOYEE $ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESlSPECIALlTEMS Re: 2008 Curbing & Sidewalk Improvements City of Bozeman is included as additional insured as required by written contract. Coverage is primary and non-contributory to any insurahce maihtaihed by the additional insured. Excess Liability applies to General Liability, Automobile Liability ahd Employers Liability. CERTIFICATE -HOLDER CANCELLATION SHOULD PNY OF 7HE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -31) DAYS WRRTEN NOTICE TO THE The City of Bozeman CERTIFICATE HOLDER NAMED HEREIN, BUT FA4 LIRE TO MAIL SUCH NOTICE SHALL IMPOSE NO O&IGATICN OR PO Box 1230 Bozemah, MT 5 9771-1 23 0 LIABILITY OF PNY KWD UPON THE NSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATNES, OR THE ISSUER OF THIS CERTIFICATE AUTHORIZED REPRESENTATNE Marsh USA Inc. ../~~~. ~ ~ O~d ~ - _ ~, D -- BY: Mary Radaszewski ~""" ~ /~ ~'T M-~1ltsrozy ' vain as of os/ovos CERTIFICATE NUMBER: ;J~-~H E/E~DEIVC"E Of PROPERTY fNS.URAN"C'E CHI-001846368-02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND ,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED HEREIN. PRODUCER COMPANY Marsh USA Inc. ~ ZURICH AMERICAN INSURANCE CO. 333 South 7th Street, Suite 1600 Minneapolis, MN 55402-2400 J43750--BR100- Bel ra INSURED LOAN NUMBER POLICY NUMBER KNIFE RIVER -BELGRADE P O BOX 9 MCP 3704500-06 . . BELGRADE, MT 59714 EFFECTIVE DATE (MMIDDIYY) I EXPIRATION DATE {MM/DDIYY) CONT. UNTIL 01/01/08 01/01/09 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY iNFQRMATION LOCATION 1 DESCRIPTION PROJECT: 2008 CURBING & SIDEWALK IMPROVEMENTS CONTRACT AMOUNT: $105,179.85 CO-VERAGE INFORMATION This cerHffcate supersedes and~places~ny previously~~sued certiftc8te~~ur file policy pBripd nD6edbelow. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGES !PERILS /FORMS AMOUNT OF INSURANCE ($) DEDUCTIBLE "All Risk" Blanket Real and Personal Property per Policy Form 25,000,000 5,000 Boiler and Machinery Limit 15,000,000 5,000 Leased/Rented Contractor's Equipment 1,000,000 5,000 Builder's Risk/Installation (See Attached) `Deductibles apply to all coverages except: Earthquake, Flood and Windstorm, which have higher deductibles. Business Income, Rental Reimbursement, Service Interruption and Extra Expense are subject to a 72 hour deductible any one occurrence. '<REMARKS (Including Special Conditions) CANCELLAT[ON SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. CERTIFICATE: HOLDER NAME AND ADDRESS NATURE OF INTEREST CITY OF BOZEMAN, THE ~ MORTGAGEE ~ ADDITIONAL INSURED P.O. BOX 1230 BOZEMAN, MT 59771-1230 ~ LOSS PAYEE ~ (OTHER) AUTHORIZED REPRESENTATIVE Marsh USA Inc. Br. Jean Stephanie ~~'~P~~~- VALID AS OF: 05/27/06 MM3 (3102) ~,~xDhfl~?NAL IN°~~R`~1~4710N CHI-001846368-02 05/27/OBYI aROOUCER ~ ' COMPANIES AFFORDING COVERAGE Marsh USA InC. ' COMPANY , 333 South 7th Street, Suite 1600 Minneapolis, MN 55402-2400 ~ E i ~, COMPANY F J43750-BR100- Belgra INSURED ' COMPANY KNIFE RIVER -BELGRADE P.O. BOX 9 G BELGRADE, MT 59714 - COMPANY H ..TEXT BUILDERS RISK COVERAGE DURING COURSE OF CONSTRUCTION SUBJECT TO POLICY TERMS AND CONDITIONS. Any one Building, Structure or Project -- $25,000,000 Limit (Deductible $5,000) except, Transmission and Distribution Lines Work -- $2,500,000 (Deductible $5,000) Paving, Decking of Bridges - $25,000,000 Limit (Deductible $5,000) Flood - $5,000 Earth Movement -Limit: $50,000,000 - 2.5% Deductible subject to a minimum of $5,000 California Earth Movement -Limit: $10,000,000 - 5% Deductible subject to a minimum $5,000 CERTIFICATE-HOLDER CITY OF BOZEMAN, THE P.O. BOX 1230 BOZEMAN, MT 59771-1230 Marsh USA Inc. Jean Stephanie ~ ~~~{p~e, Rae Client#~ dRR1 ^IITf AWTOA AC~ORD,N CERTIFICATE OF LIABILITY INSURANCE ' oS;Z;,ZOO$ 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 30638 Billings, MT 59107-0638 INSURERS AFFORDING COVERAGE NAIC # INSURED JTL G INSURER A: ACE American Ir1SUranCe CO. roup, Inc. dba Knife River - B l d INSURER e: e gra e Division PO B 9 INSURER C: ox B l d MT 59 INSURER D: e gra e, 714 INSURER E: GUVERAGES 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. I LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE AT M POLICY EXPIRATION M LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO- D CT LOC 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: qGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' WC STATU- OTH- LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? If d ib E.L. DISEASE - EA EMPLOYEE $ yes, escr e under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ A OTHER Workers Comp WCUC44844928 01/01/08 01/01/09 Coverage A -Statutory Employers Liability-NIL DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Subject to the terms and conditions of the policy as issued by the Insurance Company. SIR for Work Comp $750,000 each accident. Covers Montana State Resident Employees. All claims are administered by the Montana Contractor Compensation Fund. JOB: 2008 Curbing & Sidewalk improvements City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~0_ DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50'SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE ACORD 25 (2001108) 1 of 7 8S33nQRd/M31113R 1/CA n AC(1[?n f`f1D D~1D ATln AI ~nCC 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. H~vrcu zs-5 tzoo~io8~ 2 of 2 #S330984/M311136 ~~'~~ CERTIFICATE OF INSURANCE CERTIFICATE NUMBER C H I-001846288-09 PRODUCER Marsh USA Ir1C THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS . 333 South 7th Street Suite 1600 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE P , Minneapolis MN 55402-2400 OLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE , AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE -- 43750JTLBE-GAX-08-09 COMPANY ~ A Liberty Mutual Fire Ins Co INSURED - - - -- COMPANY KNIFE RIVER -BELGRADE B Associated Electric & Gas Ins Services Ltd PO BOX 9 -- -- - -- - BELGRADE, MT 59714-0009 ~ ----- coMPANY C COMPANY D .COVERAGES This certificate supersedes and-replacesany previously issued certificate for the policy penod noted below': THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- . ------.. -.-...-..~ CO _~- -- -- - POLICY EFFECTIVE POLICY E TYPE OF INSURANCE POLICY NUMBER LTR XPIRATION DATE (MM/DDIYY) ~ DATE (MMIDD/YY) LIMITS A GENERAL LIABILITY ITB2641005097-048 101/01/08 01!01/09 000 000 i $ 2 GENERAL AGGREGATE -- , , X l COMMERCIAL GENERAL LIABILITY I ~-~ ------ ~~~ CLAIMS MADE X OCCUR ~ PRODUCTS -COMP/OP AGG _$ 2,000,000 -i PERSONAL & ADV INJURY $ 1 ,000,000 _ ~ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 L XX~P._Eg_PgOJECT A~GBEGAI~ FIRE DAMAGE (Any one fire) $ 500,000 MED EXP (Any one person) $ 10,000 A AuroMOBILE uAewrY AS2 641 005097-058 !01/01/08 01!01/09 COMBINED SINGLE LIMIT $ 1 ,000,000 X _i ANY AUTO I rI, i ALL OWNED AUTOS i BODILY INJURY $ SCHEDULED AUTOS (Per person) r~ ~X . HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ _--~ - ~ _ -- ~ PROPERTY DAMAGE $ '~~ GAR AGE LIABILITY ANY AUTO i i AUTO ONLY - EA ACCIDENT I ~ $ r-~ - -- -- . ~ ~ OTHER THAN AUTO ONLY - ~ EACH ACCIDE~ _. - $ , ~ B ~CESSLIABILITY X0259A1A08 01/01/08 01/01/09 AGGREGATE $ EACHOCCURRENCEL$ 5,000,000 UMBRELLA FORM ~ I X OTHER THAN UMBRELLA FORM ~GGREGATE ~ $ S,000,OOO WORKERS COMPENSATION AND i WC STATU- i OTH-~ EMPLOYERS' LIABILITY -TORY LIMITS ER ' I ' I __ EL EACH ACCIDENT $ THE PROPRIETOR/ ~ INCL PARTNERSlEXECUTIVE ~ I r EL DISEASE-POLICY LIMIT $ j OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS Re: 2008 Curbing & Sidewalk Improvements City of Bozeman is included as additional insured as required by written con tract. Coverage is primary and non-contributory to any insurance maintained by the additional insured. Excess Liability applies to General Liability, Automobile Liability and Employers Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. The City of Bozeman THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _~ DAVS WRITTEN NOTICE TO THE PO Box 1230 CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Bozeman, MT 59771-1230 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, RS AGENTS OR REPRESENTATIVES. OR THE ISSUER OF THIS CERTIFICATE. AUTHORIZED REPRESENTATIVE ~w-_~ of Marsh USA Inc. O " ""`~ ~ BY: Mary Radaszewski /~ MM1(3/Q2) VALID AS OF:06/12/08 c~3UZi~,~ THE CITY OF BOZEMAN i~ r r 20 E. OLIVE • P.O. BOX 1230 BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT PHONE: (406) 582-2280 FAX: (406) 582.2263 2008 CURBING AND SIDEWALK IMPROVEMENTS CITY OF BOZEMAN BID OPENING: MAY 13, 2008, 2:00 P.M. ADDENDUM No. 1 May 8, 2008 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Plan Sheet 1: Delete sidewalk installation along Lot 7, 788 Turnberry Court Bid Form: Replace the Bid Form in the bid documents with the enclosed revised Bid Form Appendix B: Replace the Estimated Quantities by Work Location sheet in the bid documents with the enclosed revised sheet ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 1 on the Bid Form to validate their bid. Andrew Kerr Engineering Assistant City of Bozeman HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 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. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE 2008 CURBING AND SIDEWALK IMPROVEMENTS SCHEDULE 1 - ST. ANDREWS DRIVE SIDEWALKS NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Figures) 104 4" Concrete S.F. $ 6,116 sidewalk in place TOTAL BASE BID SCHEDULE 1 $ (SCHEDULE 1 BASE BID TOTAL -WRITTEN WORDS) Addendum 1 2 BID FORM u i~ i r BID SCHEDULE 2008 CURBING AND SIDEWALK IMPROVEMENTS SCHEDULE 2 -CURB REPLACEMENT TAL PRICE NO ITEM UNIT UNIT PRICE QUANTITY TO . (Figures) Fi ures 101 Concrete removal S.F. $ 7,085 $ and disposal 102 Combined concrete L.F. $ 1,526 $ curb & gutter 103 6" Concrete S.F. $ 841 $ sidewalk in place 104 4" Concrete S.F. $ 431 $ sidewalk in place 105 Driveway apron S.F. $ 112 $ 106 Concrete sawcutting L.F. $ 1,675 $ 107 3° Thickness S.Y. $ 306 $ AC Pavement Surface Course 108 Detectable S.F. $ 180 $ warning TOTAL BASE BID -SCHEDU LE 2 ~ (SCHEDULE 2 BASE BID TOTAL -WRITTEN WORDS) TOTAL BASE BID -SCHEDULES 1 and 2 (SCHEDULES 1 and 2 BASE BID TOTAL -WRITTEN WORDS) Addendum 1 3 BID FORM i 4 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 _ If a Corporation: (a)_ by _ Title Addendum 1 doing Partner Corporation (Seal & Attest) 5 BID FORM E '~ C N Q c~ Z Z a u- . ~ U ~ H U W H W O H LL. W cn a j LL ~ U -~ Q Z O Q ~ w 0 Y J > ~ ~ U Z O U a Y J W ~ ~ ~ w ~ U Z O U iD W H H 7 ~ C7 J Z Q m U J Q ~ ~ LL ~ In U Z O U I I I I ~ . F- .Q U O J Y 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N O O O O O O O N o0 ~ ~ rn rn O O O O ~ ~ N CO ~ ~ ~ ~ ~ ~ ~ ~ O O O O O O O O O •- O ~ ~ O ~ ~ ~ ~t COO N M CO O 00,E ~ ~ ~ ~ O O M O O O N N N ~ W O) ~ N ~ O Q1 N M ~ ~ I~ ~ CO d' O r CO ~ O ~ N f~ O N O ti O CO N ~ O ~ r r r r N ~ N N C L L ,~ ~ ~ ~ L C y Y ~ ~ ~ 00 ~ ~ C ~ N Y N O N ~ N ~ N N '_ -Op C) '~ L ~ L (V N "O O "O U_ Y U_ Y ~ ~ ¢ ~ ~ Q Q Q ~ ~ ~ O U ~ ~ c O L L L L ~ ~ N (n L ` `_ i i ~ p 'a L U ~j U U ~j U ~j ~j ~ U Q Q W ~ ~ W ~ W W ~ t = z z cn cn cn z z z ¢ rn rn in J r r V 7 A b V y L C O N a Q 0 U w 0 0 r N } ~ ~ do N O M CO r CO ~' p N Ln r O J O CITY OF BOZEMAN, MONTANA 2008 Curbing and Sidewalk Improvements April 2008 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 Work Vicinity Map Estimated Quantities by Work Location Plan Sheets 1 - 2 INVITATION TO BID The City of Bozeman will receive sealed bids for its 2008 Curbing and Sidewalk Improvements contract. 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, May 13, 2008 and then publicly opened and read thereafter. The project consists of removing and replacing concrete curb and gutter, installing pedestrian ramps, constructing new concrete sidewalks, and replacing existing concrete sidewalks. New sidewalks are proposed on St. Andrews Drive. Curb replacement is proposed in the 600 and 700 blocks of S. 9th Ave. and the 800 block of Alderson Street. 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 E. Olive Street, Bozeman, Montana 59771-1230. Any bidder ornon-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 laws of the State of Montana, and the contractor's registration number shall appear upon such bid or proposal, and no contract shall be awarded to any contractor unless he is the holder of registration, all as defined by MCA 39-9-101 through 410. All laborers and mechanics employed bycontractors 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, May 13, 2008. 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 i~ I~ i~ ' Dated at Bozeman, Montana, this 23rd day of April, 2008. Stacy Ulmen Cit Clerk Cit of Bozeman v y i~ ' Publication: April 27, 2008 May 4, 2008 i~ u i~ i~ ii i~ r i~ i~ i~ ii 2 INVITATION TO BID i~ 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: 2008 CURBING AND SIDEWALK 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. Bidders must bid both schedules. ' BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. ' SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. Incase the Bid is submitted by, or on behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such 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 1 INSTRUCTIONS TO BIDDERS [1 the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work; and (d) has appropriate technical experience. 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, Fifth 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, including addenda, which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. 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 ............................ Instructions to Bidders ................... Bid Form ....................................... Bid Bond ....................................... Agreement Form ........................... Payment Bond ............................... Performance Bond ......................... Standard General Conditions........... Supplementary Conditions .............. Miscellaneous Forms Notice of Award .................. Notice To Proceed ................ Change Order ....................... Work Directive Change......... Application For Payment (Guidance Only) ................ Bound Herein Bound Herein Bound Herein Bound Herein Bound Herein Bound Herein Bound Herein MPWSS MPWSS/Bound Herein MPWSS MPWSS MPWSS MPWSS MPWSS Certificate of Substantial 2 INSTRUCTIONS TO BIDDERS Completion ........................ Wage Rates ...................................... Special Provisions ............................ Technical Specification ........................ Appendix A--Standard Drawings......... Appendix B-Work Vicinity Map Estimated Quantities Plan Sheets .:............. MPWSS Bound Herein Bound Herein MPWSS & COB MODS MPWSS/Bound Herein 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. INSTRUCTIONS TO BIDDERS UNDERGROUND UTILITIES It is the responsibility of the Contractor to contact the owners of underground utilities 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. The Contractor ' is required to call 1-800-424-5555 for utility locates prior to beginning any excavation work. 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. Once begun, the work shall be prosecuted uninterrupted by the Contractor, to it's completion. Contract time is shown on the Bid Form and Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of 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: 2008 CURBING AND SIDEWALK IMPROVEMENTS Name of Contractor: 4 INSTRUCTIONS TO BIDDERS ' Montana Certificate of Contractor Registration No. ' Acknowledge Receipt of Addendum No.: , In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 p.m., May 13, 2008 ' 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 ii ' By. Corporate Seal ' Title: If bids are signed for any other legal entity, the authority of the person signing for such legal ' entity should be attached to the bid. 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 ' letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. '~' 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 6 INSTRUCTIONS TO BIDDERS ' and the estimated quantities. ' WITHDRAWAL OF BID No Bidder may withdraw his 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. ' ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules. Only one contract will be awarded. 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 Bidderwhose Bid complies with all the requirements prescribed herein. The successful Bidderwill be notified by letter, mailed to ' the address shown on the Bid, that his Bid has been accepted and that he has been awarded the contract. ' CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. 7 INSTRUCTIONS TO BIDDERS ' RETURN OF BID GUARANTEE All Bid uarantees exce t those of the three lowest Bidders 9 p , will be returned immediately following the opening and checking of the Bids. The Bid ' guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the contract. The Bid guarantee of the Bidder to whom the ' contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. ' The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner ' and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the ' successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to ' withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. ' FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not ' as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the 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. 8 INSTRUCTIONS TO BIDDERS PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana 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 2008 CURBING AND SIDEWALK IMPROVEMENTS CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: Clerk of the Commission 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 placement and replacement of concrete sidewalks and pedestrian ramps, 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 45 (forty-five) consecutive calendar days after commencement of the contract time as defined in the General Conditions. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that 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 1 BID FORM 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. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE 2008 CURBING AND SIDEWALK IMPROVEMENTS SCHEDULE 1 - ST. ANDREWS DRIVE SIDEWALKS NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Fi ures) (Figures 3~ 60 6° v 104 4" Concrete S.F. $ ~' ~ 6,116 $ ~, ~~ sidewalk in place ' TOTAL BASE BID SCHEDULE 1 ~ ~~~ G ~~ Lo Twerp ~/ SAX 7~ouSaya, S'A'X /futi ~~ `our /~~~lu~s ~yv~ Si,r~y C ~ti73 ( SCHEDULE 1 BASE BID TOTAL -WRITTEN WORDS) Addendum 1 2 BID FORM BID SCHEDULE 2008 CURBING AND SIDEWALK IMPROVEMENTS SCHEDULE 2 -CURB REPLACEMENT N0. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Figures) 101 Concrete removal S.F. s $ oZ.z 7,085 $ 5L`1~s and disposal 102 Combined concrete L.F. SD $ .Z y _ 1,526 d d $ 37, 387 ____ curb & gutter 103 6" Concrete S. F. 00 $ 7 - 841 0 0 $ S ~ $ 7 '- sidewalk in place 104 4" Concrete S.F. $ S ~~ 431 _r o~ $ 02-~ ~ 5 J ~ sidewalk in place 105 Driveway apron S.F. So $ S f 112 `~ ° $ 6/6 -" 106 Concrete sawcutting L.F. oa $ aZ, 1,675 ov $ 3, 35~..-- 107 3" Thickness S.Y. p $ ~.9 306 o0 $ $, ~ ~~ AC Pavement Surface Course RS a~ ~ °" 36 S y 108 Detectable S. F. $ 180 , $ warning ~s TOTAL BASE BID -SCHEDULE 2 $ ~8 5 7S sah~ ~~ Tli~c ~en~ ~i S F~'ve lfan~li^e~S~v~H7~ Fve ,too//G.~.s tiN~-/~vcn~y`'C e ~ , c ~s (SCHEDULE 2 BASE BID TOTAL -WRITTEN WORDS) TOTAL BASE BID -SCHEDULES 1 and 2 OnC Efunc~re~./ L,'ve Ttiou9a•+c~ one ~ynr,/rt~l ,$evcH~y NrHe ~o~~ar5 aN~/ ~i's~~y F've Cep (SCHEDULES 1 and BASE BID TOTAL - WRI N WORDS) 8S $ ldS, i~q - Addendum 1 3 BID FORM The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. ~ Dated S ~' D~ No. Dated No. Dated Submitted this ~~7~ day of ~~ 0~. SIGNATURE OF BIDDER: ~ ~ Montana Contractor Registration Number ~l~Dg`~ If an individual: doing business as If a Partnership: by partner If a Corporation: Ml/~ ~i / l/G/~ -- ~ (a) by Titl (Seal & Attest) ,2 Addendum 1 4 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 _ If a Corporation: (a)_ by _ Title doing Partner Corporation (Seal & Attest) Addendum 1 5 BID FORM NOTICE OF AWARD ~,/ ~~ ~y Dated: ,~ "~a~') //, 02~ g _ TO: Knife River -Belgrade «..// ADDRESS: P.O. Box 9, Belgrade, MT 59714 PROJECT: City of Bozeman 2008 Curbing and Sidewalk Improvements Schedules 1 and 2 CONTRACT FOR: Installation of new concrete sidewalks, and replacement of concrete curbing and drive approaches. You are notified that your Bid dated May 13, 2008, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for installation of new concrete sidewalks, and replacement of concrete curbing and drive approaches The Contract Price of your Contract is: one hundred five thousand one hundred seventy nine and 85/100 Dollars ($105,179.85). 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 ~~N~ 3 2-~ok 1. You must deliverto 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 SC-5.02). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Cmtract Documents attached. CITY O BOZEMAN, MO T NA BY: (CITY MANAGER) Q~ DATE: ~ U ATTEST: BY: I CLER ) AGREEMENT FORM THIS AGREEMENT is dated as of the day of in the year 2008 , by and between CITY OF BOZEMAN, hereinafter called OWNER, and Knife River -Belgrade _ hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. ^ CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: ' Installation of new concrete sidewalks and pedestrian ramps, replacement of existing concrete curb and putter, and replacement of existing concrete sidewalks ' The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2008 Curbing and Sidewalk Improvements ' Article 2. CONTRACT TIME. 2.1 The Work will be completed within 45 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 ($100.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract ' Documents) of one hundred five thousand one hundred seventy nine and ' 85/100 Dollars ($ 105,179.85 ). 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 r progress of the Work measured by the schedule of values provided for in the General Conditions. ' 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. ' 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. ' 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the otherterms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. ' 6.4 CONTRACTOR has correlated the results of all such observati n o s, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or ' discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' Article 7. CONTRACT DOCUMENTS. ' The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, March 2003, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fifth Edition, March 2004, including addenda. 7.12 Appendix A and Appendix B. i I , 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. I' 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). ' Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall ' have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be ' binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an ' attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. i~ i~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ( TRA T ) By (SEAL &) (ATTEST) Title ~~'N~G ~•~yy~~.~d~~-~ ~.ea~rOc~rT (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozer, (OWNE By _ (CITY MANAGER) (SEAL &) (A ST) 7 c: \wpdocs\forms\ag reefrm. mrg Pr•~~IENT B0~1ID Any singular refer::.~ce to Contactor, Surety, {Jwrer, or other party shall he considered plural where applicable. - CONTRACTOR (Name and Address): Knife River -Belgrade P.O. Box 9 Belgrade, MT 59714 OWNER {Name and Address): City of Bozeman P.O. Box 1230 Bozeman, MT 59771 CONTRACT ' Date: SURETY (Name and Address of Principal Place of Business): Liberty Mutual Insurance Company 450 Plymouth Road,Suite 400 Plymouth Meeting, PA 19462 AND Travelers Casualty and Surety Company of America One Tower Square - 2SHS Hartford, CT 06183 '" " Amount: One Hundred Five Thousand One Hundred Seven nine and 85/100-------- ty- ($105,179.85) ~i Description (Name and Location}: City of Bozeman 2008 Curbing and Sidewalk ' Improvements Schedules 1 and 2 BOND ' ~ Bond Number: 190019371/105125984 Date {Not earlier than Contract Date): i Amount: One Hundred Five Thousand One Hundred Seventy-nine and 85/100------- ($105,179.85) Modifications to this Bond Form: ' None ~' Surety and Contractor, intending to be legally bound hereby, subject to the teams printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf l~~its-atkthgrj~ed officer, agent, or representative. CONTRACTOR ASP 1PAL ~~~ ~, •ORp~ • ~ SURETY •c, 9'•2 ; ~1 Company: i e fiver -Bel ra ~ ~ '9j: •, ~ .. ~:- ' ,~! Signature: C I~berty Mutual Insurance Company (Seal) Name and itle: ~ ~ .~ Surety's Name d Corporat 1 '. ~. ` ~ A Terry R. Haven Vice ~••(~ •' ~ .~ ' ? z~~r'~'TAN P~~~~.~~ Signature and Title Jen fifer Mi r, Attorn ct (Attach Power of Attorney) ,. ' (Space is provided below foz signatures of additional parties, if required.) ~~ Attest: / ~~ <~_~~c,-~ Signa and Title l ' ~~ CONTRACTOR AS PRINCIPAL SURETY Company: ~i Signature: {Seal) Travelers Casualty and Surety Company of America (Seal} Name and Title: Surety's Name and Corporate S ~' Signature and T' a Jennife Miller, ttorney-in-Fact ,~; {Attach P o Attorn y} / a ~ Attest: (` C"~~-~'L-~ ~. Signa and Title: ~) ' ~IEJCDC No. C-6t5 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. ~' ~, ~~ 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, ' materials, and equipment famished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the perforrrtance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for ail sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Band and, with substantial accuracy, the amount of the claim. 4.2, Claimants who do not have a direct contract with Contractor; 1. Have famished written notice to Contractor and sent a copy, or notice thereof, io Owner, within 90 days after having last performed labor or last famished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the parry to whom the materials or equipment were furnished or supplied, or Cor whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of famishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice famished to Contractor. ii 5. if a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. b. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions; 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including'ali Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contractor to perform and complete or comply with the other terms thereof. ' 7. Surety's total obligatson shall not exceed the amount of this Bond, and the amount of this'Bond shall be credited for any payments made in good faith by Surety. i~ i~ i~ FOR INFORMATION ONLY -Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): 00615-2 8. Arrtounts owed by Owner to Contractor under the Contract shall be used for the performance of the Conrract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Convect are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated Co the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a coup of competent jurisdiction in the location in which the Work or pan of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.3 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the lass materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surcry, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been fumishcd to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not az a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this $ond or shall perrrtit a copy to be made. l5. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with afirst-tier subcontractor of Conhactor, to famish labor, materials, or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, tight, heat, oil, gasoline, telephone service, or rrntal equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractors Subcontractors, and all other items far which a mechanic's lien maybe asserted in the jurisdiction where the labor, materials, or equipment were fumishcd. i~ ~' r 1. 1~ PEA®Rl~IANCE ~34NI3 Any singular reference to Contractor, Surety, Owner; or other= party sha:~ be considered plural where applicable. CONTRACTOR (Name and Address): Knife River -Belgrade ' P.O. Box 9 Belgrade, MT 59714 OWNER (Name and Address): City of Bozeman SURETY (Name and Address of Principal PIace of Business): Liberty Mutual-Insurance Company 450 Plymouth Road,Suite 400 Plymouth Meeting, PA 19462 AND P.O. Box 1230 Travelers Casualty and Surety Company of America ' Bozeman, MT 59771 One Tower Square - 25HS Hartford, CT 06183 CONTRACT Date: Amount: One Hundred Five Thousand One Hundred Seventy-nine and 85/1.00-------- ($105,179.85) ' Description (Name and LOCdQOn): City of Bozeman 2008 Curbing and Sidewalk Improvements Shcedules 1 and 2 ' BOND Bond Number: 190019371/105125984 Date {Not earlier than Contract Date): i Amount: One Hundred Five Thousand One Hundred Seventy-nine and 85/100-------- ($105,179.85) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound he subject to the terms printed on the reverse side hereof, do each cause this Perfor;nanee Bond to be duty executed on its beh~~~,~~i~b~ed oflxcer, agent, or representative. CONTRACTOR ASP IPAL ~ : • GORP09y~,~>~tETY Company; K er -Belgrade n~~ ~ •. ' J ~ ~ LibD-ty Mutual Insurance Company Signature: ~ 0 (Seal) Name and itle: :,, ~•., ,~ SuZety's Name d Corporate eai ~i~ ~ ' ~. ~~ Y Terry R. fi~~r~n ~Jice-Pre~i1~E~~N~=~,t~P~ •`B 'tI!!!!!!!!+ Signature and Title Jenni er M~ r, ttorney-in-Fact {Attach Power of Attorney} (Space is provided below for signatures of additional parties, if requited.) ~ ~~ ~ ~ r/ Attest: a --t--~"- ~j~-~ Signs and Title CONTRACTOR AS PRINCIPAL SURETY Company: K :~ Signature: _ Name and Title: (Seal) Travelers Casualty and Surety Company of (Seal) Surety's Name and Corporate Se By: , f Signature and Title Jennife filler, orney-in-Fact (Attach Po 'o Attorney) ~'t~ 7 Attest: -~'-~~`"-" Signs a and Title: EJCDC No. C-610 (2002 Edition) j Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractars o{America, and the American Institute of Architects. 00610-I 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. [f Contractor performs the Contract, Surety and Comactor have no obligation under this Bond, excep? to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default, and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than {5 days after receipt of such notice to discuss methods of performing Fhe Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shal{ not waive Owner's right, if any, subsequently to declare a Contractor Defauh; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shalt not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; and 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.i. Arrange For Contractor, with consent of Owner, to perform and complete the Connact; or 4.2. Undertake to perform and complete the Contract itself, through iu agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contactors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paagaph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4,4. Waive its right to perform and complete, arrange for completion, or obtain a new contactor and with reasonable prompmess under the circtunstances: !. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. if Surety does not proceed as provided in Paragraph 4 with reasonable prompmess, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. 3f Surety proceeds as provided in Paragaph 4.4, and Owner refuses flit payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. FOR INFORMATION ONLY -Name, Address and Telephone Surety Agency or Broker Owner's Repxesentative (engineer or other party) 6. After Owner has terminated Conractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greazer than those of Conttactor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those oC Owner under the Conttact. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigatjon of costs and damages on the - Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; G.2. Additional legal, design professional, and delay costs resufung from Conttactot's Default, and resulting from the actions or failure to act of Surely under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Conran Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, `~"~ administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Aond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails h i fi if i i f chever occurs rst. t e prov s ons o to perform its obligations under this Bond, wh this paragraph are void or prohibited by law, flit minimum period of limitation l be applicable. available to sureties as a defense in the jurisdiction of the suit shal I0. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deketed herefrom and uirement shall be deemed incorporated to such statuto re f i i i q ry ons con orm ng prov s herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. i2. Definitions. i2.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Conttact after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contactor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contact Documents and changes thereto. b i h een t er 12.3. Contractor Default: Failure of Connanor, which has ne remedied nor waived, to perform or otherwise to comply with the terms of the Contract. i2.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contactor as required by the Conttact or to perform and complete or comply with the other terms thereof. oo6io-2 !~ Acknowledgment of Corporate Surety STATE OF Minnesota ) ss COUNTY OF Hennepin ) On this day of Jennifer Miller ,2008 before me appeared to be known, who being by me duly sworn did say that she is the aforesaid Attorney-in-Fact of the Liberty Mutual Insurance Company and Travelers Casualty and Surety Company of America a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed f'S~ti f"'~'~P~~r~tit~ra~,~~~~-~~ • ~, , „r ,' 'r~a~~r, ~ , bc`rLLAR -y + ;siunE~cn+sJsn.37,2070 w9wsdtd'JVavLLd".; yvY (Notary S~ Rider Amending EJCDC C-615 Payment Bond This rider is to be attached to and form a part of surety bond number 190019371/105125984, dated the - -29th day of May, 2008, issued by Liberty MutualinsuranceCompany AN!~Travelers Casualty and Surety company of - America , as surety (the "Surety") on behalf of Knife River -Belgrade, as principal (the "Principal"), in favor of City of Bozeman, as obligee (the "Obligee"). WHEREAS, the Principal has by written agreement, entered into a contract (the "Contract") with the Obligee for: City of Bozeman 2008 Curbing and Sidewalk Improvements Shcedules 1 and 2 WHEREAS, upon the request of the Principal and the Obligee, the attached bond is hereby amended as follows: Paragraph 4 is amended to insert sub-paragraph 4.3, which states: 4.3 Claimants have furnished to Surety proof of claim duly sworn to by Claimants with adequate supporting documentation proving the amount claimed is due and payable. Paragraph 5 shall be amended to delete the word "or" and insert the word "and' in its place. ' Paragraph 6 and its sub-paragraphs 6.1 and 6.2 shall be deleted in their entirety and replaced with the following: When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall, within 90 days of the ' date when claimant finally completed its satisfactions of the conditions of Paragraph 4 notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall pay or make arrangements for payment of any ' undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a ' waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant's sole remedy shall be the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. Paragraph 12 shall be amended to add the following paragraph: CLAIM NOTICE for the Liberty Mutual Insurance Company must be sent to the following address: 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 and for the Travelers Casualty and Surety ' Company of America must be sent to the following address: One Tower Square - 2SHS Hartford, CT 06183, both marked to the attention of the Surety Claim Department This change is effective as of the effective execution date of the Bond to which it is attached. The attached bond shall be subject to tall of its terms, conditions and limitations except as herein modified. ~1+~~~ii~~~~~ir-t ' IN WITNESS WHEREOF, said PZih1~i~P~r~t~i ~aJigee, hay and sealed this day off: ~ 'nRPOR:•.~ bfl8. Knife River -Belgrade ~ SEq i ~ ~ -_ By: ' Principal ~ ~ 99 ~ ~ ~ r r O i Liberty Mutual Insurance Company ;~~~ . ;+4-- ~ By: Surety '~,~~','~, ~ ; ;~,~~ ~ ~~~~s 'i`ns„~s~~~`~j' By: Travelers Casualty and Surety Company of America ' Surety By: City of Bozeman Obligee 1.:986700 '~~ THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS... .POWER OF ATTORNEY ' KNOW ALL PERSONS BY 'THESE PRESENTS: That Liberty. Mutual Insurance Company (the "Company"), a.Massachusetts stock insurance company,. pursuant to and by authority ofahe By-law and Authorization hereinafter set forth, .does hereby name, constitute and appoint DENNIS LOOTS,. RICHARp DONOVAN, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR JERRY OUIMET , , NINA E. WERSTEIN, JENNIFER. MILLER, BRIAN D CARPENTER, BARBARA L RAEDEKE; ALL OF THE CITY OF MINNEAPOLIS STATE OF MINNESOTA . , ......... .................................... ........................... ................ ............... each individually if there be mare than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its .behalf as surety and as its act and deed, any and aFl undertakings, bonds, recognizances and other sure obli ations m the penal sum not exceeding. FIFTY MILLION AND 00/100******************** ttyy gg***** 50 OOQ000 00 , . DOLLARS ($ )each,. and the. execution of such undertakings,. bonds, recognizances and other. surety obligations, in pursuance of these presents, shalt be as binding upon the Company as if they had been dulysigned tyy the president and attested by the secretary of the Company in tfieirown proper persons. .That this power. is made and executed pursuant to and by authority of the followingBy-law and Authorization: f ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the Chairman or the. president, and subject to such limitations as the chairman or the president may prescribe, shalF-appoint such attorneys-in-fact, as may be necessary#o act in behalf of the-Company to make,. execute, seal, acknowledge and deliver as surety any and aN'undertakings, bonds, recognizances antl other surety obligations.. Such ~ attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company. by their rn signature and execution of any such instruments and to attach thereto the seal ofahe Company. When so executed such instruments shall be L D as binding as if signed by the president and attested by the secretary. . c d By the fallowing. instrument the chairman. or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:. vi N ! ~ Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company,. is hereby . L authorized to appoint such attorneys-in-fact as may be necessary to actin behalf of the Company to make, execute, seal, acknowledge and d - E- eliver as surety any and all. undertakings, bonds, recognzances and other surety obligations. ~ O . O? ~ d .3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. V H ~ W > > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of she Company and the corporate seal of C ~ Liberty Mutual insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of July ~ Q' ? 3 2006 Q M ~~ o i LIBERTY MUTUAL WSURANCE COMPANY ~ ~ ~ Garnet W. Elliott, Assistant Secretary a~ C ~ COMMONWEALTH OF PENNSYLVANIA ss t n vi' COUNTY OF MONTGOMERY A.L. *~ _ ~ ~.. On this 21st ..day of July 2 06 ,before me, a Notary Public, personally came Carnet W. Elliott, to me known, and acknowletlged ~ d ~ that he is an Assistant Secretary of Liberty Mutual"Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the: authority and at the direction of said corporation. ~ a fN TESTIMONY WHEP~C*, I ha~.~e ileunto subscribed my name and affixed my notarial seal at Plymouth Meeting; Pennsylvania, on the day and year t N v first above written. ~ *• ~ y is sr m ~~ ~` ; ~*a~ ~ r ~, r ,- ~ ~ ~,a~r[ .i~<~~ E ~ Cd i~ ..w <c ra3 ~~ t~ ~ N ~ - ,. flt~rt,~,~'r s hq- ~.~t~s r , fl - ~ ~ ~~ ~ Ter s~efla, Notary Public t~ ~- M#y Ur a sup art ~~ .. ..,, ,, ~. ~ ~csnct:usir ,-~f Edv[~se`sas~ ~ ~O CERTIFICATE ~ ~' ~ (- *- •3 e I, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing: is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify-that the Officer orofficiaf who executed the said power of attorney is an Assistant Secretary specially authorized by the`chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5ofthe By-Iawsof Liberty"MUtuat Insurance Company. This"certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the. board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the- company, wherever appearing upon a certified copy of any power of attorney issued-by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. ', IN TESTIMONY: WHEREOF I ha a hereunto subscribed my name and affixed the corporate seal of the said company, #his :day of ,r_ , , By ~ ~~ "x ,. i ~. "-' ~~ David M. Carey, Ass' nt Secretary WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .~~ POWER OF ATTORNEY TRAVELERS .1 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ' Attorney-In Fact No. 218790 Certificate No. O O ~ ~ V ~ O O KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that ' the Companies do hereby make, constitute and appoint B. L. Kellar, Dennis G. Loots, Jill N. Swanson, Laurie Pflug, Susan Shapiro, Nina E. Werstein, Jennifer Miller, Brian D. Carpenter, ~ Barbara L. Raedeke, Laura Sutherland, and Denise Wishcop of the City of Minneanolic ,State of Minneeo a ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and ' other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennittal in any actions or pfc~ceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to he si~ncd and their corporate seals to be hereto affixed, this 21St day of June 2007 ` Farmington Casualty Company Fidelity and Guarantyilatsurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ? ~°OMsr ~ suREly~ J ~Fl"aE~ \aN NSG .•••i+suq •~.., ~P~tY qpa ~5~'p~ y y L ~ 0::.. ~..... q JP ......... 9 g y ""'..Y Q 5 ~ (1 e G ~ P§ e,~pP FOR9> ~S ffQ~~~~ .:1~ up G,D 4 r.~ D ~ l Y 8 2 O ~ ~j N~~ItAtfD * rL rF m ~ i F; m i W FOpPPORAT '~ t~ i ~ g~• Q y~~f zO 19// 9927 < '^ ~ ~ ~' S iar -._ F';~- a HARTFORD J HFH(FfSNG ~ < ~' y ` r a ~ ~ 1951 N ~'• S E ' `~ ~ i ~'. ~ c j ; CONN. ~ ~ 2 ~ 1896 y~i~, ~ s # ~~% of ~~:, AL.o3 ~ ;SBA ~ < y ~ d 1• `~OF NEVI '~~~~ ,~ „~ S.: A,..~ '"+:S ....... *~ 1 n~' f~ AIN°' °+.. State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 21st day of June 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~G,T!'T In Witness Wbereof, I hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 2011. ~'0U8U~ ~~ Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS THE RED BORDER STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ' (See Montana Public Works Standard Specifications 5th Edition) i i~ 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, 200? Edition) and other provisions of the Contract Documents as indicated below. All provts~ons that are not so amended or ' supplemented remain in full force and effect. SC - 2.01 DELi~'ER~~° 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. Contractor shall execute the Agreement, attach executed copies of the required Bonds and Power of Attorney and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain tlrree copies. SC - 2.03 NOTICE T® Pl?dOCEED h~lete tree first sentence of Paragraph 2.03.A of the General Conditions and insert the following ilt its 1}lace: F:?llowin« the ::~~~:~cution of the ~~g~reement by the Owner a~~d the Contractor--, wrii.ten ?notice to Prod° ,j ~ ith the ~~%ork shall be given by tl~le Owner to tl~~e Contr~~~ctor. ~he Contract Time will commence to run on the day indicated in the 1V~~otice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.O~.A.3 of the General Conditions which is to read as follows: 2.O~.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.~.c. SC - 4.01 A~'.-~.ILA~FLITY G1F LA'S'I3S Add to Paragraph 4.Ol.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easFm~nt or right-of-w:ry, tt;e Contractor shall obtain constint from the property owner aild tenant of the l-,nd. 'hhe Co?~tr~.ctor~ shall not enter for rnatr°iials delivery oz occupy for a~~~y o~l~rei~ purpose wih m~~n, tools, equipment, c ~ ~st~ ~.~.~[on ~zatczi;:rls, o° with m _tf,~~~ials ~~~ ~_ ~.vated f'~-om t:h~° s,~.~, s ,.rv h~ ~ gate property uu'~side tr~.~~ designa~.:;d ~:: -,mstr~.rction r ~~~>~tmr:nt boirndarie~ of r ~~;rht-oP--way without writt~;n 1,;~rm,ss~on lrciir the hrol~erty o~,~~'r r and tenant. S~' - 4.02 - StiBSUI~FACE .4'~'D PII~'SICAL CONDITI7NS 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 ~, ~I E 7~ C,'~ SC - 4.03 -DIFFERING SUBSURFACE OR PHI'SICAL 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 1 ~ 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-~O1, 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 ~.vithout field exploration, and as such, Owner and L~ngineer are not responsible for the accuracy ~~r cornplete~ness of such information or data. ~-. ,~ r~r ~x i ~ ~ j ~'; i j ~':'~:! ~~'~'~~~R~T~Ftr'- ? :~~ _R C ..e ,~~- [I~.'~~ f.~I X, ~' ChGi~ge the first sente~tce ofparaarai~h A to read as follows: A. Reports and Dra~~~ings: 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 ~.0?.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 Paee 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. 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.? of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutorv c. Employer's Liability ~ 500.000.00 2. Con~:~a~tor's L~aLility Insur~uce undo. Paragraphs 5.04.A.3 thro~~7h 5.04. A.6 of ~:'-~;° General Conditions which shall also include corrlpleted ol~~el~atiuns znd hro:luct li,.~bili~y co~~~,ra~e. a. G ~NL121~ L AGCI.FZ ,~CJA 1 r ~ ~. liC0.000.0U 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. Personal Injury Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 4 of 12 000.000.00 ~. ~..,~ ~.. f~~ ~„` . ~. .: t .~.~ , ~..~~ =i. ~.~. `= ~ 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 ~.04.A.6 of the General Conditions: a. Bodily Iniury: Each Person 5 X00,000.00 Each Accident 5 1, 000,000.00 Property Damage: Each Accident 51,000,000.00 (or) b. Combined Single Limit 5 1,000,000.00 Coverage to Include I. All Owned ?. Hired 3. Non-Owned 4. Contractor's Liability Insurance ~.mder 5.04.A.3 through ~.04.A.6 maybe satisfied by primary insurance or a combination of pz~~mary and exr_,ess or ~,mL<~el]a ins,~~ral~ce. ;'~~n~arv occurrence limit cannot be less than 1;G00.(i00.t0. Deductible not to ~ ~c,~;;d SS,Oi~0.00 her occu~irenG:e on prop~;rty dax~7~ia~:~.. ~. Add a new para~>raph at file end of P ~rar: ~aph ~.04.I3. 1 of the Genc~al Cor~~litions as follows: The Contractors insurance coverage shall name the Owner, and Engineer and Engineers Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph ~.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence 5 1,000,000.00 Aggregate 5 3.000,000.00 Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 5 of 12 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph ~.04.B.~ remains in effect. SC - >.06 PROPERTY" INSURANCE t 5.06.A of the General Conditions in its entirety and insert the following in its Delete Artrcle ' place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible ' amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: ' 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; be written on a Builder's Risk "all risk" or open peril or special cruses of less policy form that shall at least includ;; in~uran.ce for physical loss and da,»a;e to the Worl<, tF~rnpo~ary buiJc~inos, false ~-, orh and tn~t~ Trials ar,i equips ~ ~ ~~t ir_i tra~~sit ~=,nd sti,~all ~i7~~~ ~re a~7ainst ai _~;t tl;.~; ."nllo~~:vm~r pC111S OI' (:. '1.`.;eS of lOSS: f1C',°, 11`,l!'!?tl)~. c~ ~.:~t~ ad,.d (,~',~ _.:ia"e, theft; ~ :;:lali~,zn ,~~~~i malic~~.~us ~~ ~:~chieF, ~~arthc~~~.1~e, c~il,_~t~~e. ~lr;bris r~~i,oval, ~`~,.rnoliti~n ~: ~~~si:~ned by enforcement of Laws a~~~r1. Regulaaions, ~~-at~:r darna~z~: (oti~er then caused by floods), and uther perils or causes of loss as may be specifically required by the Supplementary Conditions. 3, include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials .and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner; Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 6 of 12 -~ -~ _.~~~ f'' -.. , ~~„ t.__ ~.,., r F~ e I ~. .I . _.. =~~ 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 davs 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 SC~.06 shall comply with the requirements of para«raph 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 - ~.06.C. The qualifications of the insurance company shall comply with the requirements of SC- ~.02.A. S~'-6.02 «'~I-bh:Tr~.(a ;1~UPtiS Add the following to Paragraph 6.0?.B: Regular worl<inU hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. .~ ~T 1'~,lr~te Par-a~~~~aph 6.C~~.A.1 oi~ tl!;~ General Conditions in its ::°ntircty and replace wild the fo1lo~.vinQ: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflcctin;~ 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 spe.ified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Paee 7 of 1? 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 d i i ~ ma nta n provide all material and equipment to protect, shore, brace, support an .i all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, ~~' and other underground construction uncovered in the proximity, or otherwise etc. , affected by the construction work performed by him. All pavement, surfacing, ~ '~' ~ ~. _ driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires k -.- d~_maged by the Contractor's operations in the performance of this work shall be `~ repaired andi'or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches. culverts, b~~i_dnes, or other public or priva~e property or facility, embankments ~ _- , regardless of loc~~tion or ca~~aract~~r, which may be caused by moving, hauli~tg, cr ` nthcrv, ise transl~ortir~ equipmenr, ~~~. ~tei ~:tls, or i.nen to r,;ld fre;n th :work or any j,art of sits tla=~~i~eot; ~~~'~ethr l~~y hi.in or liis su.bco~~~-.ractors. Tl~e :::ontractor shall r71a1{~; S211SlaCtOry ants acC. ptable %' 7:'~1'I~?Citlenl:S wills 0`.^~'rl(:T- `~~f, OT' the aT,Pi;~~;V C•i authority h;~ving jt~.r;sdictio,i over, ihr: d.~~na~ed ~rol>,.:rry or fay ility conc~;tn~~~~ its r~.r~air or replacenr,nt or payment of costs i?lc~.irc:d in conne~~rion with :,aid ct,amaQe. 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 `~~hile 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 obsen~ation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESE'~TATIVE 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.~.c of the General Conditions in its entirety and insert the following in its place: ~~ _; ~ 11.O1.A.~.c The cost for the use of all construction equipment and machine;-y and parts ~~~.~ thereof whether owned by the Contractor or rented from others. The cost shall be ~_ c;~lc~~~~aied as iollo«~s and will include the costs of transportation, loading, un]oading. r aUsc;~~~~ly, dismantling and rem~~~-a1 tl,,~.~~eof for equipmen'.: invol~~c°d only ixi t_}le ch ~ni>ed i~o;tion of the worl<_ covered unQwr the cost of the ~~r'ork nleta7od. Transportation, loaciinQ __ . , ,-,. t a~ld s~,e,11u1} ~:o~ts gill o_ Le ~ncl~_d~~~i for erulnine~.t a..~;ldy r~;l thr sit; ~ ;_~ irh ~s 1,~;7ri~, u:;~:~d for other l;:~rrioras of t',ie ~Vorl~:. ~ h~; cost <~f any s Bch ~~~t~ip.~lent. main r:;rv, o~ }.aa-ts shall ease v,l,~:n the use thereof is no lon+~~er necessary for ~'.IC Work. 1Jo~.~ly equipment ~~ and machinery rates shall be calculated from the Rental Rate )31ue Book for Construction Equipment. and the Equipment List suhmitted according to SC-2.0~ and SC-2.07, and as follows: For working equipment, the houriv 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 m lts place: I. the quantity of a particular item of tinit Price Work performed by Contractor differs by more than ~~% from the estimated quantity of such item indicated m 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 ~. ' ~~~ cC- 14.02.4 _~ppl~Ir, ~•rrnnTc ~np vA~'MEII,TS U l V1\ 1 Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: ~ ~=' ' Pa}7nents 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 m~.terial 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 Tom subsequent payments. Beginnin; with the second ^~pplica~i~~n, :311 requests for payme~~lt for materials in storage shall l.~.e accompanied by Bill of Sale, invoice or other doc~~ment warranti~lig clear tit1P as required move. Arid the follovriiiff to i~arr,~r~,ph 14.02.A.3: 111 ~CCGi(i?t7.:". ldlth St~ilC; ~'iw the C~',7]er lA]::V %'i''~ ;~t d:.,~~:_'.1IGC1 ,.~;~-!?1t1CS In ~~~U Qf C'Sh . , ;etai~ia~e. ~~~etain~~,;r: ;77ay be uscrl by tho 0~,~,r;r to offs-°t r,osts for any of t:a, lo.:~~;s enumerated in Paragraphs I'+.0?.B.~.a thro~zgh i4.02..B.5.d inclusive, 1.02.0. l.a. thror~s~h 1 ~.02.D.1.d inclusive, or 1 ~.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. y ~ Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Paee 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: 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 pa}7nent 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-14.0 C~?'~;TI-t'.~"I'`~`~S 'k'~'A'~RAI~T~"~' OF TF'~'I,E Add Ule following at the end of Paragraph 14.03.A of the General Conditions: ?~cither recom~Ii~~~ndation of ,env progress nav,ncnt by L-n~rineer nor payl,~;;nt by the Owner to C~:~ntrac~or, n~n- any use or o~:,,.Il;a~i~cy ,~f the ~~~oi1; or any pert thereof ;.ill I'GIeaSC: the ~~Olltfa.C,t~I' 7iU:n COr~'~_'hly]!"]~ 1'rlth i:l~'. L.(~11LIa('.t DoCUi"I1eT1tS. `~iJ~~;llaCallV lhi; Corlt~-~~ctor shall nIr~~ ir~in iI1 ~ccordan~~~e wis'1 r'~~,irlc 5, prcp~~Ity ~~~~surancc on all ti~'ork. r,~-.ter;als, and cqI a~ ~,~~.<<t ~~~he~~i:er iiic.~tporated iz~ the _~~ojcct ~~: riot ~~rlri wl;,al_~cr ii?clu~~ied i_n an application for pad, I7~,a~t or not, for the full i,ISUi a'ole value thereof Passing title to Owner for materials and equipml:nt 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 ~ of tl^ ° General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article ~. SC- 14.0 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 tlic 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: A..fter Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all constn~ction records, maintenance and operating instructions, sci~,°dules, nua.r,ntees, bonds, certificates of inspection, and other d~~cuments (all as required by the Contract I~)ocuments), Owner and Contractor shall be promptly notified in wrung by En~in~er that the work is ace,°pta'ole. r..-, r -~ - 7r-. ~r r1r~.~ P" r :~~-dd the i~~llcwin« to ~'.ua~lra~,lr l7.iiLA: The rr~•iiling address for giving notices to Contactor given in the Agre..~.:rent is hereby designated as the place to which all notices, letters, ar:d other con~rnunication to - Contractor will be mailed or delivered. 'rhe mailing address for giving notices to Owner 4... `'_ 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 1/n~ineer and to other party. END OF SECTION ~ Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 12 of 12 MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION 2007 Effective: June 22, 2007 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, please go to www.ourfactsyourfuture.org or contact the: 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 ' For information relating to public works projects and payment of prevailing wage rates, visit ERD at: www.mtwagehourbo~a.com, or contact them at: Employment Relations Division Montana Department of Labor and Industry ' P. 0. 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 topro- vide information in an accessible format, on request, in compliance ' with the Americans with Disabilities Act. ~ TABLE OF CONTENTS ' MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ..........................................................................4 ' B. C. Definition of Highway Construction ....................................... Definition of Public Works Projects .......................................... ..4 ..4 ' D. E. Prevailing Wage Schedule ........................................................... Fringe Benefits ................................................................................ ..4 .. S F. Apprentices ........................................................................................6 G. Posting Notice of Prevailing Wage .............................................6 ' H. Employment Preference ................................................................6 I. Rates to use for Projects ................................................................. 6 ' Wage Rates ..........................................................................................8- 14 ' MONTANA PREVAILING WAGE REQUIREMENTS: ' The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, 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 Montanas Prevailing Wage Law and F f l d l d l f l P bl prevai ing wages. payment o or etai e comp iance in ormation re ating to u ic Works projects and payment of prevailing wage rates, please consult the Regulations on the Internet at: www mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. KEITH KELLY Commissioner Department of Labor and Industry State of Montana 1 4 ' A. Date of Publication: June 22, 2007 ' B. Definition of Highway Construction The Administrative Rules of Montana (ARM) 24.17.501 (4) - (4)(a), Public ' Works Contracts For Construction Services Subject to Prevailing Rates, states that "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either `building construction', or `highway construction.' Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, Excavation and embankment (for road construction), fencing (highway), grade ' crossing Elimination (overpass or underpass), guard rails on highway, highway signs, highway bridges streets and highways, 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. MT20030001 Modification No.14 have been adopted by the Montana Department of Labor and Industry for use in Heavy Construction projects and are included in this publication. These rates apply statewide or as shown in MT20030001 Modification No. 14. C. Definition of Public Works Projects ' The MontanaCodeAnnotated(18-2-401(11)(a))defines"publicworks 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.or~ or by ' contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. I 5 E. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states that: "(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 benefit 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 1974 or that are approved by the United States Department of Labor. Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise:' 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. ' 6 ' 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. ' 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. MONTANA STATEWIDE PREVAILING DAVIS-BACON Rates Effective: June 22, 2007 HIGHWAY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide 8 HIGHWAY CONSTRUCTION PROJECTS Construction Type: Highway Counties: Montana Statewide. 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 1: 0 to 30 miles ZONE 2: 30 to 60 miles -Base Pay +$2.50 ZONE 3: Over 60 miles -Base Pay + $4.00 Carpenters: Rates Fringes ' Carpenter .................................... $ 21.64 $ 8.85 Piledriverman ............................. $ 21.64 $ 8.85 ' Millwright .................................... $ 23.64 $ 8.85 Cement Mason ................................ ----------------- $ 20.36 ---- $ 8.50 ----- 9 ' Electricians: Rates Area 1 ........................................... $ 18.74 Area 2 ........................................... $ 20.13 Area 3 ........................................... $ 19.98 Area 4 ........................................... $ 19.84 Area 5 ........................................... $ 20.54 Area 6 ........................................... $ 18.02 ELECTRICIANS AREA DESCRIPTIONS Fringes $ 2.93 +3.8% $ 4.76 +3.8% $ 3.44 +3.8% $ 3.51 +3.8% $ 3.54 +3.8% $ 3.44 +3.8% ' 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 1 Ironworker: Rates Fringes ' Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Counties .......................$ 24.80 Remaining Counties ..................$ 23.15 $ 13.71 $ 13.71 ' Laborers: Rates Fringes Group 1 ........................................$16.37 $ 6.75 Group 2 ........................................$ 19.07 $ 6.75 Group 3 ........................................$ 19.26 $ 6.75 ' Group 4 ........................................$ 20.13 $ 6.75 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); ChuckTender; 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 Roseman; Tool Checker and Houseman; Traffic Control worker 11 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 orTruck mounted Wagon Drill; Welder including Air Arc Line Construction: Rates Fringes $ 5.05 $ 5.05 Equipment Operator .................$ 19.16 Groundman .................................$ 15.40 Painters ............................................. $ 22.00 $ 6.00 ' Pavement Marking/Milling and related work. Includes operating marking and all other equipment and all work ' involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies, paints, tape, buttons, thermo-plastics and any other products applied for traffic marking purposes and for ' directing and regulating traffic, and cutting Rumble Strips. -=------------------------ 12 Power Equipment Operator: Rates Fringes Group 1 ........................................ $ 20.52 $ 8.00 Group 2 ........................................ $ 22.48 $ 8.00 Group 3 ........................................ $ 23.31 $ 8.00 Group 4 ........................................ $ 23.98 $ 8.00 Group 5 ........................................ $ 25.28 $ 8.00 Group 6 ........................................ $ 25.94 $ 8.00 Group 7 ........................................ $ 27.97 $ 8.00 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 (All, 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 ' i 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 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 14 Truck drivers: Rates Fringes $ 7.75 $ 7.75 Group 1 ........................................$ 17.76 Group 2 ........................................$ 22.73 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; PowderTruck 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)). In the listing above, the "SU" designation means that rates listed underthe identifierdo 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 • • RESEARCH & ANALYSIS BUREAU WORKFORCE SERVICES DIVISION ' MONTANA DEPARTMENT OF LABOR & INDUSTRY P. O. Box 1728, Helena, MT 59624-1728 r Ph: (406) 444-2430 or (800) 541-3904 Fax: (406) 444-2638 www.ourfactsvourfuture.or~ This public document was produced for web distribution. Printed copies are available upon request, and are produced at an estimated cost of $0.26 per copy, which includes $0.26 for printing and $0.00 for distribution. 1. GENERAL SPECIAL PROVISIONS ' The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the installation of new concrete sidewalks and pedestrian ramps, removal and replacement of concrete curbing, and the removal and ' ~ replacement of existing concrete sidewalks. All work shall be performed in accordance with applicable sections of the Montana Public ' Works Standard Specifications Fifth Edition (MPWSS), published March 2003; and is further modified herein by the City of Bozeman Modifications to MPWSS, dated March 2004, including addenda, which is hereby included as part of these specifications. All references to MPWSS ' sections, unless otherwise noted, is a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The work generally consists of installing new concrete sidewalks at certain locations along St. Andrews Drive, and replacement of curbing in the 600 and 700 blocks of S. 9th Avenue, and in the 700 block of Alderson Street, within the City of Bozeman. Estimated quantities for each work location are listed in the Appendix B of these Specifications. The work under this contract is all within public right-of-way. All sidewalks constructed across driveways shall be a minimum of six (6) inches in thickness. All other concrete sidewalks shall be four (4) inches in thickness, unless otherwise specified on the plans. The Contractor shall confine his work limits within the public right-of-way. Any topsoil or grass removed outside of the right-of-way shall be replaced by the Contractor. No separate measurement and payment will be made for additional excavation orfill required to achieve the specified grade. If fill material is required in the boulevard, the fill shall consist of topsoil free of rocks or other deleterious material. 3. AWARD OF CONTRACT The award of the contract,, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the 1 SPECIAL PROVISIONS 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 after the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $100.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the 2 SPECIAL PROVISIONS 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 two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussing requirements on such matters as project supervision, 3 SPECIAL PROVISIONS ' 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 m 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. Right-of-way is typically located one foot from the edge of sidewalk as shown on the standard drawings. 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 for this project 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 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. 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 5 SPECIAL PROVISIONS t 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. ' 18. PROTECTION OF EXISTING PAVEMENT All equipment shall 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 shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. 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. 20. PEDESTRIAN RAMPS The standard pedestrian ramp installation will be as shown on Standard Drawing 02529-8. t The Contractor will be directed to modify this standard ramp configuration to fit existing conditions for retrofit ramp installations. This may require a single diagonal ramp or other modifications to comply with the requirements of the Americans With Disabilities Act. t 6 SPECIAL PROVISIONS 21. PROTECTION OF TREE ROOTS, SPRINKLER SYSTEMS, AND PROPERTY PINS The Contractor shall take special care when working around trees to avoid any unnecessary damage to the roots or the trunks of trees. If any roots have to be removed to complete the work, the roots shall be neatly cut with a sharp tool. Indiscriminate ripping of tree roots will not be permitted. Protective barriers shall be placed around trees as necessary to prevent ' inadvertent damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 22. FINAL CLEANUP AND SITE RESTORATION ' Following completion of the work, all construction debris shall be removed from the work area. Any asphalt pavement removed or disturbed during the course of the work shall be replaced by the Contractor. All disturbed landscaped areas shall be restored with topsoil and re- ' seeded. The cost for final cleanup and restoration shall be included in other bid items; no separate payment shall be made for this work. 23. 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. 24. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 25. MATERIALS TESTING AND CONTROL The following materials and control tests may be made by the Engineer to determine the Contractor's compliance with the specifications: a. In place density tests of backfill and asphalt pavement b. Gravel gradation c. Concrete tests (slump, entrained air, compressive strength) The above tests shall be made with no cost to the Contractor except as hereinafter provided for retesting. Should materials fail to meet the tests specified above, the Contractor shall pay the cost of 7 SPECIAL PROVISIONS retests which exceed 10% of the total tests taken. The actual costs of retests shall be deducted from the Contractor's progress estimate. 26. DETECTABLE WARNINGS Pedestrian ramps shall be constructed with detectable warning surfaces complying with the Americans With Disabilities Act. The detectable warning surfaces shall be constructed using cast iron plates manufactured by Neenah Foundry Company, or ductile iron plates manufactured by East Jordan Iron Works. 27. CONCRETE REINFORCEMENT Pedestrian ramps shall be reinforced as specified on the standard drawing. 28. EXCEPTIONS AND ADDITIONS TO MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS. Section 02529 -Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters and Miscellaneous New Concrete Construction 2.4 Gravel Base Material: In lieu of the gravel base material specified in 02529 2.4 A., the gravel base material may be 1" minus washed rock meeting the following table of gradations: ' Table of Gradations -Washed Rock Base Material Percentage by Weight Passing Square Mesh Sieves ^ Sieve Size % Passing 1" 100 ' 3/4" 90-100 3/8" 10-55 No. 4 0-10 3.2 Foundation Preparation: After placing the washed rock base material, consolidate and compact it with a vibratory plate tamper or similar means immediately prior to placing concrete. 3.3 Forms: Use metal forms only unless other materials are approved by the Engineer. 3.8 Joints: Unless otherwise shown on the plans, expansion (isolation) joints shall be placed at 25-foot intervals in concrete sidewalks. Contraction joints shall be provided between the expansion joints at intervals equal to the width of the sidewalk. 8 SPECIAL PROVISIONS ' Section 02910 -Seeding ' 2.1 Seed Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30 ' Ibs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% ' Perennial Ryegrass 15% 9 SPECIAL PROVISIONS SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. No separate measurement and payment shall be made for traffic control. Item 101: Concrete removal and disposal. ' This item shall be measured and paid for by the square foot (SF) at the unit price bid for "concrete removal and disposal", which price and payment shall constitute full compensation for furnishing all materials, tools, equipment, labor, loading, hauling, disposal, and incidentals necessary to remove and dispose of existing PCC or asphaltic concrete pavement or sidewalks, straight curbing, or integral curb and gutter. Item 102: Combined concrete curb and gutter. This item is measured and paid for by the lineal feet of combined curb and gutter in place at the contract unit price bid for ~~Combined concrete curb and gutter".Price and payment is full compensation for all materials, preparation of gravel base, curing of concrete, painting face of gutter with tack oil, all pre-molded mastic material for expansion joints, steel dowels and sleeves, all equipment, tools, labor, and for the performance of all work and incidentals necessary to complete the item, and for backfilling of the curb and seeding and restoration of all disturbed areas. Item 103: 6" Concrete sidewalk, in place. Measurement and payment for this item shall be as per MPWSS, Section 02529 4.4, square foot method. Item 104: 4" Concrete sidewalk in place Measurement and payment for this item shall be as per MPWSS, Section 02529 4.4, square foot method. 1 MEASUREMENT AND PAYMENT Item 105: Driveway apron Measurement and payment for this item shall be as per MPWSS, Section 02529 4.3, square foot method. Item 106: Concrete sawcutting. This item shall be measured and paid for by the linear foot (LF) at the unit price bid for "Concrete sawcutting", which price and payment shall constitute full compensation for furnishing all materials, tools, equipment, labor, and incidentals necessary to sawcut either asphaltic or portland cement concrete pavement or structures. Item 107: 3" AC Pavement Surface Course Measurement and payment for this item shall be as per MPWSS Section 02510, 4.2. Item 108: Detectable warning This item is measured and paid for by the square foot at the contract unit price bid for ~~Detectable warning°. Price and payment is full compensation for furnishing and installing detectable warning panels in accordance with manufacturer s recommendations. 2 MEASUREMENT AND PAYMENT APPENDIX A STANDARD DRAWINGS 1 1 1 1 1 1 1 1 1 1 1 1 1 ~ _ ,~. 1 ~...~ TRAFFIC DRUMS OR CONE ' CITY OF BOZEMAN STANDARD DRAWING R9-11(L) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIDEWALK CLOSED 24"X18" SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL /SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. SIDEWALK CLOSED 24"X18" R9-11(R)' SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SCALE: PEDESTRIAN TRAFFIC NONE CONTROL FOR TEMPORARY SIDEWALK CLOSURE N0. 01570-7 FEB 2007 J'~L 5' • • • 5' f • o N~ 1~ 4, .-I TEMPORARY ACCESS RAMP ADEQUATELY SUPPORTED FENCING MUST MAINTAIN 4' CLEAR AREA BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF OBSTRUCTIONS APPROPRIATE TRAFFIC CONTROL PLAN MUST BE USED FOR LANE CLOSURES SIDEWALK CLOSED FENCING SIDEWALK CLOSED R9-9 FENCING AS SHOWN MAY USED FOR SHORT TERM (LESS THAN 30 DAYS) INSTALLATION. MORE PERMANENT STRUCTURES WILL BE REQUIRED FOR LONGER TERM. ~- A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) ~~_. i~ CITY OF BOZEMAN STANDARD DRAWING SCALE: SIDEWALK CLOSURE NONE WITH DETOUR N0. 01570-8 FEB 2007 5.4" (0.45) -24" 9~ 2" 4" TOPSOIL a ~ 3"R 'd 1' SLOPE \ ~- 3/4" TO PER .-a• ~ ~ O O O O O O O O O O O O O O O O O O O O CRUSHED GRAVEL O O O O O O O O O O O O O O O BASE - 3" MIN. 0000000000000000000000000000000 O,.,O~O~O~O~O~O~O_O_O_O_O_O_O_O_O SUB-BASE COURSE AS REQUIRED 5" 1~5" ...- 3/4" PER 1 ~ SLOPE 6" 9.5 -+f DROP CURB FOR DRIVEWAYS COMPACTED SUBGRADE 3/4" r3 4' PER 1' SLOPE 9.S•--~ DROP CURB FOR PEDESTRIAN RAMPS 1 2" PER 1' SLOPE _... SPILL CURB NOTES: 1. Subgrade or base course compaction shall conform to section 02230 (M.P.W. Specs., 1996 ed.) 2. Contraction joints shall be placed at 10' intervals and shall have a minimum depth of 3/4" and minimum width of 1/8". 3. 1/2" expansion joint material shall be placed at alf P.C.s, P.T.s, curb returns and at not more than 300 intervals. The expansion material shall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the gravel base. CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE STANDARD DRAWING NONE CURB & GUTTER N0. 02528-1 Revised Mar. 2006 R~B1IERL OF CUi28, 3 A SCALE: f " =5' e ..a.~e . ABACK OF '. CURB . d .a PT '~ e ~. ~ ' ~ • ~ N . .~ '• .~ ~ ..... ..... .~ • + • 2x MAX. '~ ..... ~ .bA X' S'.` ~~ 5~ "' SIDEW ..... ' L'AN~IN~ N . .... ' .. C ~' 6" THICK CONCRETE SURFACE RAMPS TO UUBE CONSTRUCTE~yD~ WfTH DETECTABLE CO~VENRIN6SETRHEF EN~TIREOW~I7DETHNOF TIRE RAPS`. WRHIN BIiN OF GFU T~j,E ~OW CLLT~~ANBELENOWARp7N}I~ER POII~JT BE ON THE LEADING EDGE, OF 1NE DETECTABLE WARNING MAY BE MORE THAN 5 FROM THE FLOW UNE REINFORCE CONCRETE IN RAMPS WITH FlBERMESH`AT A RATE IF 1 1 /2 Iba./C.Y. OR WfIH 6x6x10 GAUGE WIRE MESH R R = 15' 1' ~•) R ., .• .~ •' S' SIDEWALK (TYP.) 1:2o MAx. ~, .. . n ~: ; a "\ EXPANSION Flow line STORM DRNN INLET (TYPICAL. LOCATION) 12"~{ 5'-0" ~ 1~ TOP OF CURB .5.5" NO LIP FLOW LINE 5.5" SECTION B-B TRANSITION TO NORMAL SIDEWALK ELEVATION. DISTANCE VARIES. SIDEV 5' SIDEWALK VARIES LANDING NO LIP ~ 9.5" µrx. j ~ ,:aa I I ~ _ _.. ~~~Y_ 6" CONCRETE ~ 3" GR~tVEL BASE (TYP.) RAMP SECTION A-A NO SCALE CONSTRUCTION NOTES: STANDARD 2 //2' DEPRESSED CURB SEC\~ION SIDEWAIJC l11NDINC \: SECTION C-C 1. Standard applies to new construction, with max. curb R=15', and min. 5.5' boulevards. 2. Ramp and curb can be poured monolithically. 3. Storm drain inlets shall be constructed "upstream" of romps. Alternative locutions permitted only upon City Engineer a approval. 4. Ramp width shall be 5' minimum. 5. Sidewalk cross-slopes shall not exceed 2X. BOULEVARD SIDEWALK NO. 02529-8 CITY OF BOZEMAN SCALE: PERPENDICULAR STANDARD DRAWING As sHOwN PEDESTRIAN RAMP NOV. 1995 (15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006 NO SCALE NO SCALE MaNraN PROPER SIDEYARD SETBACK PER ZONING REGULATIONS 1•~ EXPANSON JOINTS COMPLETELY AROUND SIDEWALK SECTION DRNEWAY THROAT WIDTH ~ 24' MAX. CURB Ac APRON POURED MONOLJTHIC UNLESS OTHERWISE APPROVED CONTRACTK)N JOINT EXPANSION JOINTS AT CURB RETURNS SIDEWALK CONTRACTION JOINTS w j SPACED AT 5' INTERVALS - MIN. DEPTH 1 ". EXPANSION JOINTS TO BE PLACED AT 25' g INTERVALS. a CONTRACTION JOINTS TO BE SPACED AT 10' INTERVALS IN CURB do GUTTER WASHED ROCK \'""'(~'~'`~'"r'~i~i'w^4L'`y,"r,~ „~ 3" MIN. \`I~-MIN. 6" THICK M-4000 CONCRETE * OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH SECTION A EXPANSION JOINT MATERIAL SHALL BE 1/2" THICK PRE-FORMED BITUMINOUS TREATED FIBERBOARD FILLER. ALL CURB REPLACEMENT SHALL BE DONE WITH INTEGRAL CURB AND GUTTER UNLESS OTHERWISE APPROVED. GRADE ESTABLISHED AS 1/4" RISE PER FOOT FROM TOP OF ADJACENT FULL HEIGHT CURB R MATCH EXISTING SIDEWALK GRADE SIDEWALK DRIVEWAY 1 ' 5' TYP. 5.5' TYP. (VARIES) 1/4" PER FOOT SLOPE STREET SURFACE w z W a 0 a CITY OF BOZEMAN STANDARD DRAWING SCALE: RESIDENTIAL NONE DRIVEWAY APPROACH AND SIDEWALK DETAILS SIDEWALK BOULEVARD 1 ~-~ VARI ES-- .-- 5'TYP --~ ...:.., u PRUNE 3" MIN GRAVEL BASE 4" THICK M-4000 CONCRETE SECTION B TRANSRION SECTION FROM EXISTING CURB TO DROP CURB: 3' M .. 5' MAX. TYP.) 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