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HomeMy WebLinkAbout2008 Street Improvements Contract DocumentsCITY OF BOZEMAN 2008 STREET IMPROVEMENTS CONTRACT DOCUMENTS PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT May 2008 t AC014DTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) PRODUCER 07/01/2008 Hoiness LaBar Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Member of Payne Financial Group HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR P.O. Box 30638 , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Billings, MT 59107-0638 INSURERS AFFORDING COVERAGE NAIC # INSURED JTL Group, Inc. dba Knife River - INSURER A: ACE American Insurance Co. Belgrade Division INSURER B: PO Box 9 INSURER C: Belgrade, MT 59714 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU MENT 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 INSR DD' C LAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M DD POLICY EXPIRATION GENERAL LIABILITY DATE MM DD/YY LIMIT S EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS MADE ~ OCC $ UR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- PRODUCTS -COMP/OP AGG $ JE T LOC AUTOMOBILE LI ABILITY ANY AUTO ~ COMBINED SINGLE LIMIT (Eaacciden[) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY P $ ( er accident) PROPERTY DAMAGE $ (Per accident) GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RE TENTION $ WORK ERS COMPEN SATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ If yes, describe under E.L. DISEASE - EA EMPLOYEE $ SPECIAL PROVISIONS below A OTHER Workers Co E.L. DISEASE -POLICY LIMIT $ mp WCUC44844928 01/01/08 01/01!09 Coverage A -Statutory Employers Liability-NIL DESCRIPTION OF OPERATIONS ! LOCATIONS I VEHICLES 1 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 Street Improvements CERTIFICATE HOLDER ,....__.. -_.__. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Bozeman DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -,6Q_ DAYS WRITTEN PO Box 1230 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Bozeman, MT 59771-1230 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEN75 OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S337538/M311136 VE1 ©ACORD CORPORATION 1988 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. HI.VKU Lea t2UUl/Utf) 2 of 2 #S337538/M311136 hlll~lRF-I CERTIFICATE Of INSURANCE CERTIFICATE NUMBER CH I-001880341-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MafSh USA InC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 333 South 7th Street, Suite 1600 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Minneapolis, MN 55402-2400 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 43750-JTLBE-GAX-08-09 ai y 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 certiftcate supersedes and replaces any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREI N 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 VNTH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREI N 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 LIMITS LTR DATE (MMIDDIYY) DATE (MMIDDIYY) A GEN ERAL LIABILITY 762641005097-048 01/01/08 01/01/09 GENERAL AGGREGATE $ 2~~~~~~~~ X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ 2~~~~~00~ ___ _ CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X pFR PRn.IFr:T Ar,C,RF~AT FIRE DAMAGE (Any one fire) $ 500,000 MED EXP An ane erson $ 10.000 A AUT OMOBILE LIABILITY AS2 641 005097-058 01/01/08 01/01/09 1 COMBINED SINGLE LIMIT $ ,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: _ _ EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY X0259A1A08 01/01/08 01/01/09 EACH OCCURRENCE $ 5,000,000 UMBRELLA FORM AGGREGATE $ 5,000,000 X OTHER THAN UMBRELLA FORM $ WO RKERS COMPENSATION AND WC STATU- OTH- EM PLOYERS' LIABILITY TORY LIMITS ER ____ EL EACH ACCIDENT $ THE PROPRIETOR/ INCL - ELDISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIALITEMS Re: 2008 Street Improvements City of Bozeman, Engineer, and Engineer's Consultants are included as additional insured as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ~5 DAVS WRITTEN NOTICE TO THE City of Bozeman Engineering Department CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PO BOx 1230 LIABILITY OF ANV KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE Bozeman MT 59771-1230 , ISSUER OF THIS CERTIFICATE. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. .-iris ~ _~ ~~ ` " BY: Mary Radaszewski " ~ ~ MM1(3/02) VALID AS OF:07/01/08 ~~~H EVIDENCE OF PROPERTY INSURANCE CERTIFICATE NUMBER: n CHI-001880369-02 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--Pro14- INSURED LOAN NUMBER POLICY NUMBER KNIFE RIVER -BELGRADE MCP 3704500-06 P.O. BOX 9 21730 FRONTAGE ROAD EFFECTIVE DATE (MMIDD/YY) EXPIRATION DATE (MM/DDIYYj CONT. UNTIL BELGRADE, MT 59714 01!01108 01/01/09 E E F CHECKE D THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INF~RMATIO'N LOCATION 1 DESCRIPTION RE: 2008 STREET IMPROVEMENTS ~~ ~ ~~~~~~ ~~.~ ~~~.~„ ~ w~. ~ ..a ce~urrcace superseaes aaa replaces any previously issued el3rtlfieate-for the pioliey period noted below. 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 Rlsk Blanket Real and Personal Property per Policy Form 25,000,000 J *25,000 Boiler and Machinery Limit 15,000,000 '25,000 Contractor's Equipment Blanket Policy Limit (Any occurrence, all coverages combined) 25,000,000 "25,000 Leased/Rented Contractor's Equipment Limit 1,000,000 *25,000 Crane and Waterborne deductible 10% TIV Min. $25,000 "Deductibles apply to all coverages except: Earthquake, Flood and Windstorm, which have higher deductibles. Business Income, Rental Reimbursement and Extra Expense are subject to a 72 hour deductible any one occurrence. pe CAN>r E LLATIO N 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 i NATURE OF INTEREST CITY OF BOZEMAN I!~~ MORTGAGEE ~ ADDITIONAL INSURED ENGINEERING DEPARTMENT i~ P.O. BOX 1230 ~~ LOSS PAYEE OTHER) BOZEMAN, MT 59771-1230 I i ( j AUTHORIZED REPRESENTATIVE of Marsh USA Inc. BY: Jean Stephanie ~'~ xL~-e. MM3 (31Q2) VALID AS OF: 07/01/08 ~~~~ EVIDENCE OF PROPERTY INSURANCE -CERTIFICATE NUMBER: CH I-001880369-01 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 Marsh USA Inc. COMPANY Zurich American Insurance Co 333 South 7th Street Suite 1600 , Minneapolis, MN 55402-2400 J43750--Pro14- INSURED R -BELGRADE LOAN NUMBER ! POLICY NUMBER P.OFBOX g i MCP 3704500-06 21730 FRONTAGE ROAD BELGRADE MT 59714 EFFECTIVE DATE (MM/DD/YY) EXPIRATION DATE (MM/DD/YY) CONT UNTIL I E , 01/01/08 01/01/09 F CHECICED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION /DESCRIPTION RE: 2008 STREET IMPROVEMENTS COVERAGE INFORMATION This ceittficate supersedes and replaces any pn:vlously issued certificate'for tfie policy period noted below...': ' 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 OT HER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO A LL 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 *25,000 Boiler and Machinery Limit I ~ 15,000,000 *25,000 Contractor's Equipment Blanket Policy Limit (Any n~currerce al: coverages combinsd) ` , - 25;000,000 25;00 Leased/Rented Contractor's Equipment Limit ' 1,000,000 ' *25,000 Crane and Waterborne deductible 10% TIV Min. $25,000 *Deductibles apply to all coverages except: Earthquake, Flood and Windstorm, which I ~~ have higher deductibles. Business Income, Rental Reimbursement and Extra Expense are subject to a 72 hour deductible any one occurrence. REMARKS(Includingspecial Gonditf©ns) CANCELLATION _ -_ __ ~_ _ _ - 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 ENGINEERING DEPARTMENT f ~ MORTGAGEE ~ 1 ADDITIONAL INSURED L J P.O. BOX 1230 BOZEMAN, MT 59771-1230 __ __ ~ Loss PAYEE ~ (OTHER) ~- L~ __. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. BY: Jean Stephanie ~~ ~y~'~~ MM3 (3/02) VALID AS OF: 07/01/08 CITY OF BOZEMAN, MONTANA 2008 STREET IMPROVEMENTS May 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 Estimated Quantities, Work Vicinity Maps, Plan Sheets INVITATION TO BID ' The City of Bozeman will receive sealed bids for its 2008 STREET IMPROVEMENTS consisting of proposed Cold Milling and Hot Mix Asphalt Overlays and Pavement Markings on various streets within the City of Bozeman. Sealed bids so entitled and addressed to ' the City Clerk, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771- 1230 will be received until 2:00 p.m., local time, June 10, 2008, and then publicly opened and read thereafter. ' Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained upon payment of $15.00 for each set, at the City of Bozeman, Engineering Department, 20 ' East Olive Street, Bozeman Montana 59715. Any non-bidder returning the CONTRACT DOCUMENTS promptly and in good condition, 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, June 10, 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 ' Dated at Bozeman, Montana, this 20th day of May, 2008. Stacy Ulmen, City Clerk, City of Bozeman ' (Title) Publication: May 25, 2008 June 1, 2008 2 INVITATION TO BID INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2008 STREET IMPROVEMENTS, CITY OF BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. Incase the Bid is submitted by, or in behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title of the person(s) executing the Bid orAgreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to 1 INSTRUCTIONS TO BIDDERS ' meet obligations incident to the work; and (d) has appropriate technical experience. Each Bidder maybe required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. ' CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of ' these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS), dated March 2004, which is also hereby incorporated as part of these contract documents, and as further modified herein ' by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. ' Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in prepa ration of his Bids. ' The complete CONTRACT DOCUMENTS which com rise this entire document an p dare made apart hereof, consist of the following: ' Invitation to Bid ............................ Bound Herein Instructions to Bidders .................. Bound Herein Bid Form ...................................... Bound Herein Bid Bond ...................................... Bound Herein Agreement Form ........................... Bound Herein ' Payment Bond .............................. MPWSS/Bound Herein Performance Bond ........................ MPWSS/Bound Herein Standard General Conditions....... .MPWSS Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award .................. MPWSS ' Notice To Proceed ............. MPWSS Change Order .................... .MPWSS Work Directive Change...... .MPWSS ' Application For Payment (Guidance Only)................ MPWSS Certificate of Substantial ' Completion ....................... .MPWSS Wage Rates .................................. .Bound Herein Special Provisions ..........................Bound Herein Technical Specification ................. ..MPWSS & COB MODS 2 INSTRUCTIONS TO BIDDERS Appendix A--Standard Drawings......... MPWSS/Bound Herein ~ Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each ' Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and ' regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy ' or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the ' time, price and other terms and conditions of the Contract Documents. On request, Owner will provide each Bidder access to the site to conduct such investigations ' and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. ' The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are ' sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. r UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The ' 3 INSTRUCTIONS TO BIDDERS i Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. ' INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an ' addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. ' TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 411 E. Main Street P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: City of Bozeman 2008 Street Improvements Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: In the lower left hand corner of the envelope print or type: 4 INSTRUCTIONS TO BIDDERS BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. June 10, 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 1 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 satis themselves b ersonal examination f fy y p o the locations of the proposed work and by such other means as they may prefer as to the correctness of ' any quantities. The estimated unit quantities of the various classes of work to be done under this contract are ' approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during ' progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. ' The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. ' WITHDRAWAL OF BID No Bidder may withdraw his Bid for a period as specified in the ' 6 INSTRUCTIONS TO BIDDERS Invitation to Bid after the date and hour set for the opening declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time prior to the expiration of the period during which Bid may be submitted, which request must be signed in the same manner and by the same person or persons who signed the Bid. t ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to acceptor reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. AWARD OF CONTRACT The award of contract, if awarded, will be made within the period specified in the Invitation To Bid to the lowest responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded the contract. If the contract is to be awarded, Owner will award the Contract to the responsible bidder whose Bid, conforming with all material terms and conditions of the Bidding Documents, is lowest price in any combination of Base Bid price and any Alternates (if any) that the Owner may elect to Award, in the best interests of the Project, and other factors considered. The Owner reserves the right to accept or reject the Bids or portions of Bids if denoted in the Bid as separate alternates or schedules. Award, if any, will be to one successful bidder, alternates will not be awarded separately. 7 INSTRUCTIONS TO BIDDERS ' CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any ' liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders, ' will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the contract. The Bid guarantee of the Bidder to whom the ' contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. ' PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. ' The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner ' and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to ' include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the ' successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of 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. INSTRUCTIONS TO BIDDERS When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all ' subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner ' of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana 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. INSTRUCTIONS TO BIDDERS ' BID FORM 2008 STREET IMPROVEMENTS ' CITY OF BOZEMAN BOZEMAN, MONTANA 59771 ' TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of Cold Milling and Hot Mix Overlay, and Pavement Marking Installations, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 30 calendar days. Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated- Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. 1 BID FORM ' The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. ' The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed ' person, firm, or corporation, and is not submitted inconformity with any agreement or rules of any group, association, organization, or corporation; ' B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. ' E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE -BASE BID N0. ITEM UNIT UNIT PRICE (Figures) QUANTITY TOTAL PRICE (Figures 01 old Milling of Y O $ ~ ~ 0,746 D~ ._, $ 73, 79D Existing Pavement (2" nominal depth) 102 Hot Mix Asphalt Ton $ 5O°" 3,491 00 $ ~ ~`~i Surface Course, Type B Plant Mix, in place 103 Adjust water Each $ ~ Rs 3 S8S ~ ~ :; $ valve box 104 Adjust Manhole Each -° $ 3~.5 3 97S $ Ring and Cover e~ 105 4" yellow LF $.~~_. 36 $ ~y~ / striping ~ ~ 106 4" white LF a $ 3 ` 1,871 ~ ~3s Y $ e striping S 107 8" white LF ~S $ ~~` 2,053 $ ? adq striping ~, ~ ~ t ~ 108 24" white LF $ 33 2,173 ` $ 7z, Z,rZ striping 109 24~~ yellow LF $ ~Z..- 36 00 ~ $ /~S~Z.~ striping eo 110 Words & symbols SF ~ $ ~~ 532 $ /S~YZB ~' 00 $ 368 oyz -" ~. TO TAL BASE BID . Tine {~N~l''~K .Si XT/ G ~~1~ ~ ~lDN.1A'rl~ rD/~A~ ~T~rJ Qel/ary Ah~ II~A ~'Lti/-3 ( BASE BID TOTAL -{WRITTEN WORDS) 3 BID FORM BID SCHEDULE -BID ALTERNATE No. 1 NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE (Figures) (Fiqures~ ~o ocy 111 Sewer main LF $ yC~O 23 $ ~,.~ ~ `~ replacement. TOTAL BID -BID ALTERNATE No. 1 ~, o $ ~~-~ 1~1 N E Tltak5gNc1 Th~a ~hp /^u/ ~e1~4/-S 9y~ ~o CPa (TOTAL BID -BID ALTERNATE No. 1 -WRITTEN WORDS) a~ TOTAL BID -BASE BID TOTAL PLUS BID ALTERNATE No. 1 $ 377,,Z,y,,Z ~. T(,rte ~a~e.~i~t~seveh7~. ,5',tr~~ T~ok~a~ TiNV IYuN~~~fotfyTr~ l~~~an 4Ha~ No Ce•.f (TOTAL BID -BASE BI TOTAL PLUS BID ALTERNATE No. 1 - RITTEN WORDS) The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. No. No. No. Dated Dated Dated Dated Submitted this c~ day of ~ 2 8. SIGNATURE OF BIDDER: Montana Contractor Registration Number ~~c~,/ If an individual: doing business as 4 BID FORM If a Partnership: partner If a Corporation: ~~/~5,~`1/~~~ ! '~z-~'i~~ (a) by (Seal & Title ~~~C,- ~c,~~~~~Y~~~'P~-~~~'L'~"t!~ nAttest) .~~ /~ Business Address of Bidder: ~-~ ~~~ ~~i~~ iC7 ~ S9~l~- 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 Corporation (Seal & Attest) 5 Partner by doing BID FORM DOCUMENT 04430 -BID BOND Pl~NAL SUM FORM BIDDER !Name and Addms): Knife River -Belgrade P.O. Box 9 Belgrade, MT 59714 SU1Et$1Y (Ns~o sad Address of princiwl PlACS o f Business): 1 i_ berty utua nsurance Com any 450 Plymouth Road. Suite 400 ' Plymouth Meeting. PA 19462 OWIISR tNamo aud,~,ddressl: of Bozeman BID ]3IDDUEAATE; June 10, 2008 PROJECT (BzicfDcscription TncLtdinb !Location): ' 2008 Street Improvements BO ' BOND NUMHBR: Bid Bond DATE: (clot tatc~r t!~ Bid due lobe); June 10 2008 PENAL SUM; Ten Percent of Amount Bid ( 10% ) {'words) (F~+) IN WI INESS WF~RBOF, Suety sad Budder, i~Kp~iJ~ to be legally bound tcrcby, subject ro tho tenma psiatod as ttio teve:se side hcreo~ do esGh cause t1~Is~~`~$~~9~dy1Y otccutcd oa its be}utf by its auit~ot~taod officer. ~Zat, orreproivataav~e. `` ~ ' pRPp,9 •' ~~,`• .G B>Dp~ = SEA 9'~`~~`'s~rx~-yr - ~ ~ Knife River -Bel rade = ~.(se,~90 Bidder's and Co Sat '., ~ . * ~ety' tme sttd "~~ By' ~ f~`'~~a~TAN P',,,,````BY= nS. I Pres'dent S ~tk Attorney-in-Fact / ,~„ _ ~ ~ _ ~ ~ - { ttach Powrr of Attomay) ~ Atticst: t/L/ v ~~~ 1,1 I I I ~ \~~+°"' ""4Ta ~ • ~ / _ Pam~~~°`~~Il~ia~ll~s-Asst. Sec. r~ y97z o ~''~07~1C ~ e ,~ 3 Nicote Tamble Surety Client Manager ~,~ ~~a Nate: (1) Abovo idd~stp are to be used foz d nonce. (Z) Aay singular rofecence to Bidder, Suety, OWNER oc other party stub bo considered pluzal .vhoro apptucabla B7CJ~C NO. t9t0-28-C (1996 Edi6o>~ Bid Bond Page00430-t ' 1 Bidder and Surety, jointly and severally. bind themselves. their heirs, ezecutocs, sdrniniuraton, successors and assipts to Pay to OWNER upon ddaul[ of Bidder the penal sum set forth on the face of thls Bond- Z. Default of Biddu shall occur upon the failure of Bidder to deliver wilAin the tlttx requited by the Biddinr Documents (or any extensioa thereof agreed to in writing by OWTIER) the ezccuted Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Doeumenu. 'i~tis obligation shall be null and void if: 3,1. OvYNER accepts Bidder's Bid and Bidder delivers within the time required by Ne Bidding Documents (or any extension thereof agreed to in writing by OWNER) the exceuttd /tgrecment required by the Bidd'eng Documents and any performance and payment Bonds required by the Bidding Documents vr, 3.2 All Aids are rejeacd by OWi'(ER, or 3.3 OWNER fails to issue a Notice of Award to Bidder within the time xpcciCied In the B iddin~r Documents (nr any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by pata;taph S hereof). ' 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar drys after receipt by Bidder and Surety of written notice oCdefault from OWl`tER, which notice will be given with ' rcasonsble promptness, identifying this Bond and the Proja:t and including a staterncnt of the amount due. Bid Bond YENAtL SUM W1i,M 5. Suietr waives noliee of and any and cell defee-ses based on or arising out of any tiRte tAtsnfipn b iliatn; Notice of Award zgread to >n writia= by OwKIrR ottd Bidder, provided that the time for issuing Notix of Award including extensions shell not in the aggregate oxeeed 120 days from Sid due date without Surety's written consent. 6. No suit of action shall be commenced under this good prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety. and in no case !acct than one year after Bid due date. ~, Any suit or :etion under this Bond shall be commenced only in a court o(compctcnt jurisdiction located in rho stau in which the Project is located. g. Notice required hcrewtdcr shall be in writing and sent to Bidder and Surety at chcir «spxdve addresses shown un the fue of this Bond. Such notices ~y be sent by pcaonal delivery. commercial eou:;er or by United States Registered or Certified Mail, return receipt requested, postace pre-paid, and shall be deemed to tic effeuive upon receipt by chc parry concerned. 9, Surety shall cruse to be atuched to this Born! a current and effeetlve Power of Auomcy cvitkncing the authority of the officer, agent or aptesentative who executed this Bond on txha]f of Surety to execute, seal :tnd deliver such Sond and bind the Surety thereby. l0. This Bond is iatcndcd to conform to all a{tplieablo statutory requirements. Any applicable requirement of any applicable statute that has bean omitted from this Bond shall be deemed to be included herein as if set forth at len;ttt. it any provision of the Bond conflicts with any applicabk ttatuc, then the provision of said statue shalt govern and the remainder of Chia Bond that is not in contliet therewith shall continue in full force artd effect. 11. The term "Bid" as used hcrcia includes a Bid, ofkr or proposal as applicable. ENU OF OOCUMBNT Page00430-2 li ~ Surety Acknowledgement State of Minnesota} ' } ss. County of Hennepin} 1 ,..~-- - On this 10`~ day of June, 2008, before me personally came Jennifer Miller, to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact of Liberty Mutual Insurance Company the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney in Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. a ~~ : *` ~ <a~ae~s`a;~~,;:~a.yr+~!tiw~~ C .,; )~'i~AY PUBLIC•MINNESOTA r• ~, ,t?~~~~, ' av Cun,7issian Expkes Jan. 31, 2010 My commission expires Januarx3ls`, 2010 - lyaoio7 ' TN.IS 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 of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint DENNIS LOOTS, RICHA:RD.:DONOVAN, LAURIE PFLFiG, JILL SWANSON BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN, JENNfFER MILLER;BRIAN D. CARPENTER, BARBARA L. RAEDEKE, ALL OF THE CITY OF MINNEAPOLIS, STATE QF MINNESOTA ............ .. ....... ... ., ........ .. each individually if there be more than one named, its true and lawful attorney=in-fact to make execute, seal, acknowledge and deliver, forand on its behalf as surety and as its act and deed, any. and all undertakings, bonds, recognizances-nnd other surettyy obliggations: in the penal sum not exceeding FIFTY MILLION AND 00/100******~******'****** `DOLLARS ($ 5t7,OQ0,Q00.00***'* )each, and the execution of such undertakings, bonds, recognizances antl other surety obligations, in._pursuance. of these presents, half be as binding upon the Company as if they had been duly signed by he president and attested by the secretary of he Company in their own proper persons. That this power is made and executed purauant to and by authority of the following By-law and Authorization 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, shah appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, ~ execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Such 'o 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 H signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be d as binding as if signed by the president and attested by the secretary. ~ 'y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ~ ttl authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and e deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. - o t~ 1- That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ~ W cE IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of ,Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of JuIV ~ o' 2006 Q M p~ LIBERTY MUTUAL INSURANCE COMPANY .. 't7 3c 4~~` Garnet W. Elliott, Assistant Secretary y p COMMONWEALTH OF PENNSYLVANIA ss ~ ~ t C COUNTY OF MONTGOMERY w ~ O E On this 21st day of July 2006 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged ~ 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 theq ceorporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. ~ ~ IN TESTIMONY WH P Ve~ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year t v~ first above written. pNw ., N ~~Q~~o~,ta ~~s~~ COFAIA©tdWEALTk(OP PENN v~vaNlq ~ E N OF Tera~3'esWi0.~YP~+bE g ~(/~~~ COO Pya~utFi 7v+p., Ma~anxy Ca.~ y O ~~P MyCorsnii9~ionEzpires~aer.28,?AO8 Ter s>~tella, Notary Public ~ *- CERTIFICATE ~~NSYLVP ~~G usnww, a.,msNv*nta AuociaUm a NdYrtw ~Y P~ . 1, the undersigned, Assistanl `5'ec' etary 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 or official who executed the said power of attorney is an Assistant Secretary specially authonzed by the chairman or the president to appoint attorneys-in-fact as provided in Articfe XIII, Section 5 of the By-laws of Liberty Mutual 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 hav hereunto subscribed my name and affixed the corporate seal of the said company, this ~~ day of '~~~ ; By r '""~ Davi M. Care Assi n r ~./ y, t Sec etary __. .~., -..m..,~.. NOTICE OF AWARD Dated: ~(Y Q-- ~ o -U~ TO: Knife River -Belgrade ADDRESS: P O Box 9 Belgrade, MT 59714 PROJECT: City of Bozeman 2008 Street Improvements, Base Bid and Bid Alternate 1 CONTRACT FOR: Cold milling and hot mix overlavs, pavement marking replacements, and sewer main replacement You are notified that your Bid datedJune 10. 2008, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for cold milling and hot mix overlavs pavement marking replacements and sewer main replacement The Contract Price of your Contract is: three hundred seventy seven thousand two hundred forty two and 001100 Dollars ($ 377.242.00). 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 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 8), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SG5.02). 3. List other conditions precedent: You must 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 Contract Documents attached. CITY OF BOZEMAN, MONTANA ~" ~ _~ -~ (CITY MANAGEf~ ATTEST: BY: I (CITY c DATE: ~_~ ~ l L~._, 2 n.Q.~----- ii 1 AGREEMENT FORM THIS AGREEMENT is dated as of the ~ day of _ in the year 2008 , by and between CITY OF BOZEMAN, herein fter 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: Cold Milling and Hot Mix Asphalt Overlays, and Installation of Pavement Markings. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Bozeman 2008 Street Improvements. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars ($100.00) 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 three hundred seventy seven thousand two hundred forty two and no/100 Dollars ($377,242.00 ). Article 4. PAYMENT PROCEDURES. ' CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as ' recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. ' 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. ' All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. ' Article 6. CONTRACTOR'S REPRESENTATIONS. ' In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local ' laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. ' 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the ' preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. I~~ ii ii 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 observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, dated 2003, with addenda, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004 (by reference). 7.12 Appendix A and Appendix B. 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The ' Contract Documents may only be altered, amended or repealed by a 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ( NTRA By Title ~(C~(CQ.A~(, h'lap~t. (JOINT VENTURE) By Title City of Bozeman (OWNE ) B \ Y (CITY MANAGER) ' c:\wpdocs\forms\agreefrm.mrg (SEAL &) ~~~~.~ (ATTEST) (SEAL &) (ATTEST) (SEAL &) (ATTEST) ' PERFORMANCE BOND ' Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. ' CONTRACTOR (Nance and Address}: SURETY (Name and Address of Principal Place of Business): Knife River -Belgrade P.O. Box 9 Libert Mutual Insurance Com an Belgrade, MT 59714 450 PI mouth Road, Suite 400 y OWNER (Name and Address}: Plymouth Meeting, PA 19462 ' City of Bozeman P.O. Box 1230 AND Bozeman, MT 59771 Travelers Casualty and Surety Company of America One Tower Square - 2SHS ' ~NT~'~ Hartford, CT 06183 Date: (i~o~, aC1~~ Amount: ($s~~, az.oo > Three Hundred Seventy Seven Thousand Two Hundred Forty Two Dollars and 00/100 Description (Name and Location): ' 2008 Street Improvements -City of Bozeman BOND Bond Number. 190019552 / /105126047 Date (Not earlier than Contract Date): (~~~ ~ do~~ Amount (ss~~,zaz.oo ~ Three Hundred Seven y Seven housand Two Hundred Forty Two Dollars and 00/100 Modifications to this Bond Form: Surety and Contractor, intending to be legally bo~td ~ ~ ";'s7ubj~ct to five terms printed on the reverse side hereof, do each cause this Ferformance Bond to be duly executed on its ~a~l'~o ' officer, agent, or representative. CO ~~ RASP CIPAL = .. SEA L F .:SURETY Knife Riv - elgrade 1990 Signature: •••. S .•'.Li ~rt Mutuallnsuranc om an Name and ltle: '~, . • •'' e s N and (Seal} s ~' • • .... $br ty, Terry R. Naves ~~ice-Pre~i~e~;N ~ANP~~~`` , ~„ By: Signature and iti , n n i r (Attach Power y) (Space is provided below for signatures of additional parties, if required.} r ,! Attest U Signature and e CONTRACTOR AS PRINCIPAL S~•ry Company: Signature: _ Name and Title: (Seal) Travelers Ca Surety's Nam4 By. Signature aad ' (Attach Power Attest Signature and EJCDC No. C~tO (2002 Edldoa) orl0ioany prepared throuZh the joint efrorb of tLe Surety Asweiatloo of America, En0lneere Jelnt Contnet Caatradera of Amarka, cad the Ama3caa Insgtnte of Archltata. act act (Seal} Committee, the Aswdated General 00610-1 ' 1. Contractor and Surety, jointly and aevaally, bird themselves, duir heirs, exxtttoo, administrators, sucetsaora, and assigns to Owner for the prrfamance of the Contract, which is incorporated herein by rcfereaoa. ' 2. If Contractor perfomu the Connect, Surety and Connector have mo obligation under this Bond, atcepR to participate in conferesttxa as provided in Paragraph 3.1. 3. If there is no Owner Default, Sueety9 obpgatiam under [his Bond shall arise after: ' 3.1. Owner has notified Contracts and Surety, at tits addressee descrtlxd in Paragraph 10 blow, that Owner is ooresidaittg dechuiag a Contractor Debult and has requested and attempted m arrange a confaeaae with Contractor and Surety to be held not hoer than 15 days after receipt of ' such ratio to diaans metlads of perforating the Contract. if Owner, Contractor oral Surety agree, Contracsor shop be albwed a ressonabk time ro perform the Contract, but such art agreement shop rat waive Owner's right, if any, subaequemtly to declare a Contractor Defaulq and 3.2. Owner has dechuod a ContraGor Defidt and fonrrally terminated Contractor's right to wrnpkoe the Coraeact. Such Contractor Default shall not ba declared earlier than 20 days after Contractor and Surety have received notice as provided m Paragraph 3.1; and 3.3. Owner has agreed to pray the Balance of des: Contract Price m: 1. Surat' in aocordarcce with the terrro of the Contract; 2. Another contractor aelocted prasuatrt to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Scaety shall promptly and at Suretya expense take ate of the following actions: 4.1. Atterege for Contractor, with consent of Owner, to per[am and eonrpkae d-e Connect; err 4.2. Undertake to perform and canpkte the Contract itself, through its agents or through independent eaetrecxas; or 4.3. Obtain bids err negotiated propasb from quapfied contractors acceptable to Owma for a cornea for perfantaruce std completion of the Corurect, Grange far a contract to be prepared for execution by Owner and CantrecYOr selected with Owner's concutretce, to be soured with paf'ormana nd payment bonds exenrted by s qualified surety equivahat[ tb the bonds issued om the Contract, sad pay to Owner dec turtatrmt of denwges as deacr'bed in Paragraph b in excess of the Bahuuci of the Cantrea Prig incurred by Owner reaching from Contractor Defimh; or 4.4. Waive it9 right to perform and complete, arrange for amstpletion, or obtain anew contractor and with reasonable promptrtess u+tda the circcartstmees: I. After investigadian, daernine the antotmt for which it may he prbk to Owner sad, as soon as practicable aRer the anwrmt is determined, tender payment therefor to Owner, or 2. Deny liability in whale or in part and ratify Owner citing roaames therefor. S. ff Surety does ma proceed as provided in Paragraph 4 with reasotubk promptness, Surety shag fie deemed to be in default en tints Bond 15 days after ~Pt of an additional written notice fivm Owner to Surety demanding that Swett' perform ip obpgatiorra render this Bad, and Owretx shall be atfltkd to enforce any rartedy avaihdrle ro Owner. If Surety proceeds ar provided le Paragraph 4.4, sad Owner rcfusp due payment tadaed or Surety has denied liabipty, in whole err in part, wid-out further notice Owner shall be eatided to adores any ranedy available to Owner. b. APoer Owner has teminated Cantractot'a right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 42, or 4.3 above, then the rapottaibilitiea of Surety to Owner ahaU rent be Beater don thox of CorAreaor umda tier; Contract, and the r+esponst'bt'litia of Owner to 5taety shad not be grater that those of Owner under the Corwect To a limit of the amount of this Bond, but subject w oommitmaet by Owner of the Balance of the Comract Price to mkigation of coat and damages on die Contract, Stnety is obligated witlaut duppcation for: b.l. The respoaabilities of Cotrtratgor for correction of defective Work and completion of ties Contract; 62. Additional kgat, design professional, std delay costs resuhing from Cantrattar'a Default, and raacltirug from the actions or faihtre >b act of Staery under Paragraph 4; and 6.3. liquidated damages, ar if no liquidated datnaga ms apecifeed in the Contract, actrral damages caused by delayed patarmarrce ar nom- pa£ormaaoe of Contractor. 7. Surety shall not be liable to Owns ar othaa for obligatiotss of Contractor that are umeh+ted to the Coact, sad the Bahence of the Contract Price shall not be reduced or set off oo aaxxmt of arty such uruehued obligatiotrs. No right of action shay atone on this Bond to aY P~ or entity other them Owner or its heirs, executors, adminiatraaora, or successors. B. Surety hereby waives notice of any chmge, inchtding tdeetga of time, tD Contract or to related subrnrttrects, purelease orders, and other obligations. 9. Any proaedatg, bgal or equitable, render this Bad may be imstitrrted io any cotrt of oompepent jurisdiction in the location in whic3t the Work or part of the Work is located and shag be instituted within two years after Coector lkfauh or within two years after Contractor cased working err within two gars after Surely rcfuaea ar fails to perform its obpgatiora under this Bond, whichever ocaas Brat. [f the provisions of this pangaph saz void or prohibited by law, the minimum period of limitation avaibebk to wreties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Sorely, Owner, ar Contractor sha11 be mailed ar delivered to the address shown an drc signstrae page. 11. When This Bond has been furnished to cornpFy wilt a statutory roquiremerrt le the 1olatlott whale the Commct was m be perfomred, any provision err this Bond conflicting with said statutory roquiremeret shat( be deerrwd deleted hete:fiarre send provisions conforming to such statutory tequcemaK dell be dtxmed incorporated herein. 71ue rttteret is that this Botd shall be careatrteed as a statutory bond and rat as a cowman law bond. 12. Definition:. 12.1 Repents of the Contract Price: The total antotatt payable by Owns to Contractor under the Contract after all proper edjustmena Inve bees made, imchufing allowance to Contrrctor of amt' amounts received or to be tu:ccived by Owner in settkma,t of insurance a other Claims for dmnages to which Camtraaor is actithxl, redUOed by all vapd and proper payment made m or on behalf of Carutrectar under the Contract. 12.2. Contract: The agreement between Owner and Ceceeector identified on the signatrre page, inched'mg ap CoMraLt Docutseans and changes dtat:to. I2.3. Contractor Defauk: Faiherc of Contractor, which has meitha been remedied nor waived, ro pafam a otherwise to comply wilt the tams of tlue Compact. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Coatrarx or to perform and complete or cwanpFy with the other sersma thtesoC FOR INFORMATION ONLY -Name, Address and Telephone 763 302-7219 Surety Agency or Broker Willis of Minnesota, Inc. 1600 Utica Avenue South, Suite 600, Minneapolis, MN 55416 Owner's Respresentative (engineer or other party) oobla2 PAYMENT BUND- Any singular reference to Contractor, Surety, Owner, or other panty shall be considered plural where applicable. CQNTRACT©R {Name and Address}: SURETY {Natzsw sad Address of Principal Flare of Business): Knife River -Belgrade P.O. Box 9 Belgrade MT 59714 Liberty Mutual Insurance Company , (Name and Address}: OWNER 450 Plymouth Road, Suite 400 . City of Bozeman PI mouth Meetin PA 19462 y g, ' P.O. Box 1230 AND Bozeman, MT 59771 Travelers Casualty and Surety Company of America CONTRACT One Tower Square - 2SHS Date: Hartford, CT 06183 ' Atxeaunt: ($s~~,zaz.oo )Three Hundred Seventy Seven Thousand Two Hundred Forty Two Dollars and 00/100 Descrip#ion (Name and I..ocation}: 2008 Street Improvements -City of Bozeman BOI+fD $otsdNtuntrer: 190019552 / /105126047 Date (Not earlier than Contract Date}: Amount: (sa~~,zaz.oo )Three Hundred Seventy Seven Thousand Two Hundred Forty Two Dollars and 00/100 Modifications to this Bond Farm: Surety and Contractor, intending to be Itgally bau~tid hereby, subject to the terms printed an the reverse side heneo~ da each cause this Payment Bond to be duly executed on its behalf b~~ its wtiteri~d officer, agent, or rcprescntative. ~~~ GR O Up ''~. CflNTRACT'©R AS P CIPAL ~`~~ ~~~ oR P oR • • ~~GC~?~,IRETY • ~ y~;• ~mp~Y= ~ c~'. Knife R' r elgrad _ ~C Signature: E,q~ ~ Lit~rt Mutual Insurance om an (~) Name itle• ~ S~ety's N and C '} '' ~ •~ ~ Terry R. Heven ~i'ice-Rresgsaent '~•,?~+~'•....••~. ,®~'sy- ~,'~rN'rTjA~da~a Signature andTitl d nnife Miller orney-in-Fact {Attach Power,~gf ttarncq} ~ n ,t {Space is provided below for signatures of additional /~ pares, zf requu~ed } ~~i Attest; Signature e CONTRACTOR AS PRINCIPAL SURETY Company: ' Signature: {Seal} Travelers Casual and e C f America (Seal} Name and Title: Surety's and Corp Signature and Ti nni e i er, orney-m- ac $y. (Attach Power o } Attest: 5iinta and Title: ' E,1Ci1C Na C'-613 (1002 Editlonj ?rtgiaaity prepared thro~h the joint tRortt vi the Surety Associatiaa of Amerfa, EoOtneers Jaiat Contract Docameatt Comrrdttee, the Associated Generai Coatracton of America, the Amer3raa lastitate of Architects, the American Subcoatracbort Atsoe[atioa, sad the Associated Spedaity Caatr~rs. 9ti615-i 1. Contractor and Sanely, jointly and severally, bind therttselves, then wcocutots, administrators. succeasora, and assigns to Owner to pay far labor, materials, and equipment famished by Claimants for use in the petfomnnce of the Contract, which is incorporated herein by reference. 2. Wtth respect to Owner, this obligation shall be null and void if Contractor; 2.1. Promptly makes payment, di Claimants, and redly a indinxtly, far an sums due 2.2. befends, indemnifies, and holds harmless Owner fizrn an claims, demands, liens, or suits alleging non~ayrttent by Contractor by any person or entity who famished labor material a equipment far use in ~ lxrfortrtance of the Contact, provided Owner has pmrnptly notified Contractar and Strtety (at the addresses descdbod in Paragraph 12) of any claims, demands. liens, ar suits and tendered defense of such claims, demands, liens, ar suits to Contractor and Surety. and provided there is no Owner Defwh. 3. With respect to Claimants, this obligation shall be null and void if Contractor prontpdy trtalces paymptt, directly ar indiroctly, for all sums due. 4. Surety shall have no vbligaton to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Sanely (at the Paragraph 12) and sent a addresses desen~ in a c]aim is bein ~'• ar notice thereof, to Owner, stating tint g made tinder this Bond and, with substantial accuracy. the atttount of the chum. 4.2. Clairnanq who do not have a direct contract with Contracoor: 1. Have famished written notice to Contractor and sent a copy, ar notice thcroot to Owns, within 90 days after having last performed labor or last famished mata~ials ar equipment included in the claim stating, with substantial accuracy, the amotmt of the claim and the name of tits Party to whom the materials or equipment were furnished or supplied, err for whom the lobar was dare a Performed; and 2. Have either rerxived a rejection in whole a in part ftnrm Contractor, or not received within 30 days of furnishing the above notice any carnrraatication from Contractor by which Contractor had indicated the claim will be paid directly a indirectly; and 3. Not having beets paid within the above 31) days, have sent a written notice to Surety and sent a copy. or notice thereof, to Owner, sating that a claim is being made under this Bond and enclosing a copy of the previous written notice famished to Contractor. S. If a notice by a Claimant required by PamBraph 4 is provided by Owner to Contractor err ao Sun-ty, that is sufl'icirnt corrtpliancc. 6. When a Claimmtt has satisfied the conditions of Paragraph 4, the Surety shall PrornptlY and at Surety's expense ales the folbwing actions; 6.1. Send an answer m 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 desputed. 6.2. Pay ar arrange for payment of any undisputed amounts. 8. Amounts owed by owns to Contractor ands the Contract shan be used for ~ P~formanee of the Contract and W satisfy claims, if any. under any Pa'fomtartce bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds seined by Contractor in the lxrfomtattce of the Contract are dedicated to satisfy obligations of Contractar and Swett' under this Bond, subject m Owner's Priority to use the funds for the completion of the Work. Contractor that ate be liable to Owner. Claimants, ar others for obligations of utuelzted ~ ~ Contract. Owner shall not be liable for Payment of arty costs err exporter=s of any Claimant larder this Bond, and shall have under this Bond no obligations th rrtalae pay~ts to, Big ~~ on behalf of, or otherwise hays: obligations to Claimants under this Bond. 10. Surety heroby waives notice of any change. including changes of time, to the Contract or W related Suboattracts, Purchase orders sad other obligations. 1. No suit ar action shalt be comrrtencod by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work ar part of the Work is located or after the acpiratien of one Y'ear' frotrt the date (1) on which t1x Chimmtt gave the entice required by Paragraph 4.! ar Paragraph 4.2.3. ar (2) on which the last Mbar ar service was performed by anyone or the last materials ar equipment were famished by anyone uMer the Construction Contract, whichever of (i) ar (2) first oxurs. If the provisions of this paragraph are void ar prohibited by law. the minimum period of limitation available to sureties as a defense in die jurisdiction of the suit shall be applicable. 12. Notice b Surt;ty, Owt-er, a Contractor shall be mailed ar delivered to the addresses shown on the signature page, Actual receipt of notice by Surety, Owner, a Contractar, however accomplished, shall be sufficient compliance as of the date received at the address shown an die trignawre page. 13. When this Bond has been fwnished w-eorrrply with n sgtutory roquirernent in the locatiret where the Contract was b be Per$trnted, any provision in Chia herelitxm wtd~ng with said statuttryy raluiretrrrnt shall be deerrtod deleted P-ovicions confamterg th such statutory requirement shall be deermOd ~corPmated herein. The intent is that this Bond shall be cxmstrved as a statutory Band and not as a common law bond„ of dn~ ~~ of any poison ar entity appearitrg to be a potential beneficiary ond, Contragor shall prormptly famish a copy of this Bond or shall peartit a copy to be made. 1 S. DEFIIJII'IONS 15.1. CLimprtt: An individual ar entity having a direct contract with Contractor, or with afirst-tie subcontractor of Contractor. to famish labor. msterials, or equipment for use in the perfwmaltce of the Contract. The intent of this Bond shall be to include without littrigtien in the terttte 'labor, ntaoeriata w equiprnenY that part of water power, light' heat, oii, gaaolinq Gel hone ' ~, eP sernceti or rental equipment used in the Contract, architectural and rngineering service required far Pp'forrttarree of the Work of Contactor and Contractor's Subcontractors, and al] other items for which a mxhanie's lien may be aaarated in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agroement between Owner and Contractor identified on mth~ titre Page, including all Contract Documents and changes 7. Surety's togl obligation shall not cxtxed the amount of this Bond and the 15.3' Owner Defwlt Failure of Owner, which has neither been rerrrcdicd ~. amount of this Bond shall be credited far arty Paymatts made in good faith by ~~ to pay Contractor as rcquirod by the Contract ar to perform and Su~• comPkq a comtply with the other tettns thereof; FOR 1NFOItMATION OM,y_ Name Address and Tdephoae 763 302-7219 SaretyA~acYorBrokert Willis of Minnesota, Inc. 1600 Utica Avenue South, Suite 600, Minneapolis, MN 55416 Orraer'a Rapnewtative (eagiaratr or otLsr party); 119615-1 Rider Amending EJCDC C-615 Payment Bond This rider is to be attached to and form a part of surety bond number 190019552/105126047, issued by Liberty Mutual Insurance Company AND 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 Street Improvements 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. .~`~~~ GRpIl//~''~. IN WITNESS WHEREOF, said Princi~l, ~~i~so~~btT~e,~;ave caused these present to be duly signed and sealed this day of ~ 'L~ ~, }}CC/~ cr Knife River -Belgrade ~ ,, "•~°~"IL By` Principal ~~~~ ~ CCy ~ g • _ ~ Clt .. Liberty Mutual Insurance Company '~, ~ ~'••......•• ~: Suret ~ TA~A ~~`~ Jennifer Miller, A or - Y ~,yi~~~~~n~-~~~~ gy; Travelers Casualty and Surety Company of America ~' Surety Jennifer Miller,Attor ey-in-Fact By: City of Bozeman Obligee Acknowledgment of Coruorate 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 of said corporation. Nb!tary Public Signature `' (Notary Seal) ~ r r ~ ~~"~ ANGELA L. NOON ~,, ' NOTARY PUBLIC•MINNESOTA ."-'~~~ My Commission EsDires Jan 31, 2012 1 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 of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint DENNSS LOOTS, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY OUIMET,.NINA E. WERSTEIN, JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAEDEKE, DENISE WISHCOR,TERESA HAMMERS, ALL OFTHE ' CITY OF MINNEAPOLIS, STATE OF MINNESOTA......... ......... ...... ......... ........ ....... ............................................. each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, an*y and all undertakings, bonds, recognizances and othersureiiyy obliggations ih-the penal sum not exceeding FIFTY MILLION AND 00/100************ ******* DOLLARS $ 5Q000,000.00***** ( )each, and the ' execution of such undertakings, bonds, recognizances .and other surety obligations, in pursuance of: these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: 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, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 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 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be d as binding as if signed by the president and attested by the secretary. .a y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: d +. C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ~ authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and '+, ~ deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. >~ ~ That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ~ j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate. seal of ~ Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th day of April , ~ 2oos ..a C L LIBERT' Y MUTUAL INSURANCE -COMPANY cLv Garnet W. Elliott, Assistant Secretary y"w, COMMONWEALTH OF PENNSYLVANIA ss y COUNTY OF MONTGOMERY ~. On this 15th day of April 2008 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged 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 ~ +i Power of Attorney and affixedthe~corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. R ~ y~ IN TESTIMONY WHER.E~~F, I i~~va~unto subscribed my name. and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year v first above written. ~", > d I* .~j ~ CG1#a~G1Nwt +.{C3F;a~ t~SY...~_:.`~'~ ~ q ~ ~®~ L gy I~~~ ~ 7 ,':' ,~'; `~ ~~~ 7er sa Pasfella, Nota Public _ ,~;~~~, ~ n~.~. ry CERTIFICATE ®,~ ~ -~nl:- tssoda_srresr?~. ' I, the undersi ned, Assistant Secreta of Libe Mutual Insurance Com an ; do hereb certif that the on mal ower of attorne of which the fore oin 9 rY rtY p Y Y Y 9 P Y 9 9 is a full, true and correct copy, is in full-force and effect on-the date of this certificate; and l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the presideht to appoihtattorneys-in-fact as provided in Article ' XIII, Section 5 of the By-laws of Liberty Mutual 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 have hereunto subscribed my name and affixed the corporate seal of the said company, this day of ~~_ f" ~ `~ _ Davi M. Carey, Ass' nt Secretary A t0 'O N N d C .y 3 C - O v F- N yW C ~ ~ a° o ~* 3~ O ~ a~ N~ ~ O ~~ O ~ +~. y '~ ~~ yo ~ N oD LM F 1 v~ I"' r WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~A. POWER OF ATTORNEY TRAVELERS J 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 ~ ~ V 5 ,1 O 7 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 Guaanty 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 Minne,~lnlic ,State of Minnec~ta ,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 al] 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 permitted in an~~ actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to he sinned and their corporate seals to be hereto affixed, this 21st day of June 2007 Farmington Casualty Company Fidelity and GuarantyTlnsurance 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 2 G~SUA~~ ~ $~1RE7y J~FIPE~ ~'W \~N.INSG pt~~M3UA 4 p4fY qN~ ~ _„<Y ~.POgr L iP 'P 7t < 'I (3 O: ..9 .+~ J :...........9 yJ a 1'AP3~WfTr ~}+' A'VO O o y~~,,,,' 4 _ P R:~ RPO ~ ytG 4'`; < G '~ t'a ~a 5 ~` (1 -•...~r,qy~~ _ m ~•C° Rq>f;'f ~~' RPORAT~`~5 ~ 9~ T. i c19 8 2 ; ~ 1977 1927 < ~ ; m 1 - i"° --- f ~ = wwrFOao, < s twmxoRa ~ ~ "'CORPp"~ ~,~~, ~ 1951 mr ~~' ?:,SEAL,io; ~~tSBALa°~ CONN. o° ~• ~ N 1896 a~ ~ 0 90 ~2~0 ~...:.~ ~6•. :D ~ y ~r ~d ~ na' ~ °j sic t c y .......... L / a... : • a Os'; +' .~O OFNEW bm„~~~ :,,",,:~ w: ,~„N..~ \ ,rr....~..ra e~ 'Na ~ rA 'Ml Atttdt`" 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.TET In Witness Whereof, I hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 2011. ~ Aueu~~* 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID `(`(~ ~- C . ~a~ Marie C. Tetreault, Notary Public n ii i~ ii ' STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT i~ (See Montana Public Works Standard Specifications St" Edition) I~ sECTION ooslo 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. ?00? )/ditionl and other provisions of the Contract Documents as indicated belo~~. ,~11 provisions that are not so am°nded or supplemented remain in full force and effect. SC - ~.ol DFLI'y'ER~~ O~ I30NDS :add the followin~~ to Paragraph: `'.O1.A Pnuineer shall furnish to Contractor six copies of the Agreement and other Contract Documents Hound therewith. Contractor shall execute the A<_~reement, attach executed copies of the required Bonds and Power of Attorney and Certificate of Insurance and submit all copies to Engineer who ~~~ill fon~,•ard them to the Owner. Owner shall execute al] codes and return rwo copies io the Contractor. Owner shall also fur~iish a counte.azt or confou~ed ccpy to the Engineer and shall retain three copies. ,., i :, ~~~~ ,.,.~-~ ~I.st s:;ntc~~c ° of 1'~~r' ~~~,ir~i~ ~.~)~. ~? of th~v~_:~~°°-n1 Cor~dttior~, and insert t11~: `-'oJln~titii~<< ir~~ _. :lace. .P xti l,~r t ',(„~. ~Il C~i ~C'_:',~:,...l~l! i ~' tai, ~,~~: 71 r,i r.~~I(i ~Il _. 'TAI; cJ'~ ,_ ~.~~ l ..11 ilU~ _ l.i;: .- ~:Otl':E t(1 r~rOG. l v. ~li~ `_'~:; ,'/OL_ ~!,i~1ll Lie ''lv"^ ~?`J die OwIICa- ~L~ Iil~ ~_(;lll;''~`LC:. Ile • r- Cull~ract 11n1;' ~'~`Il~ COi11r"i:;nCe l0 I"Un Orl ill`.' Cld,' ]nfilC'~IeCi ,i] 'li'~' 1~-~)t7C:; iC 1-`iU ~ .,,_. S" -'_.0~ I I- O[' ~ ST.4.I2 T I?yG ~Q'~'~ ..p~,_ ~-^I~~ Add a new paragraph immediately after paragraph ?.O~.A.3 of the General Conditions which is to read as follows: ?.0~.?~.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.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power. capacity or weight.. and accessories. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL COIv'DITIONS Paee 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 identined in paragraph ?.OS.A shall be finalized and acceptable to the Engineer and O~~ner. 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. ~' ,~ ~ a r„ii ter Pa Agra ~ -, ? 1' .yd~ the l~~~o~,~~In~ of r ph _.0 .. . Contractor's Schedule of Equipment will be acceptable to Engineer as to form and substance if it provides the necessary inforn~ation to reference the equipment and ~ ~~'; establish the hourly rates in accordance with parav~raph 1 l.OI.A.~.c. ~v. (... A-id to Parr~~raj~i~ 4.Ol.C of t:~e Ge~ICral Conditions the followinU: If it is nccesar~~ or nr~sirable that the Contractor use land outside of t'~e Ow;1er's '~~~;I7]`i]t Gr ,~i;''~.T-G1-Vv y'. tl P ~_(lnti"';tOr ~!lall ObtRln C~:~n'~ :nt fTQi7] t17P prOT~UrL ;' OvJi1°r f` -'- 1 - 1 r`~ r 1 1- °,i(1 t'.;i31,1' (1f Lilt; ) i1~i. ~ l~L(~ .~.U1 CT .~ ~iid 1 .,)fi r-~ .,.- ~, C 1'.L';Cl~]1S ('i'L~'PI°V :~~" 0:;(.1.~;~~ r'1~ 'il~; ~ ... ~ tlc~0~„ .~"I~~~ ~il.;ll. iJfi~` C~1~, )17~-,i~t, C.,-_ ~I. -.,~Clj 'll.c_ ~''.~; G. l~v'".11 1 t. ii~ i ~ i ,, ~~i, i _~(] ~,~,._ .- i ,~ r„ j~l ~iJ~„i~.~ iJl'. !1 ._ I (i.,,•~1 J... r-~ ~)I?,111,~L]7'i _. 1''.11 ~~~,11`l; Ir: ~ (.. ,1'i C1- ,~JrAY ~^J1l1lUUl ~/.-, 1 ,il ,;111)1 .ill I,"_. u1~ 1`IL ,.i' ~7',,. i ~~_11Ci tC;;12111. r}(~ .~,' i'1- .T I~~T hi~k ~.' [~ ~~ '.51 r^~'Vl/~1 JI`~T DTI .. ~i .~ ~~. .._~ ~_~~ _.._. .. .,_ .... d...s_ . .,~.._ ...._ ..~-~. _.~~ Delete the first sentence of 4.0?.A and replace with the following: A. Repo~~is and Drar,~ings: The Special Provisions identify: Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 2 of 12 SC - 4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs -~.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within l~ 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 differin~~ subsurface or physical conditions if procedures of this paragraph ~.G3 are not followed. SC - 4.[t4 - t~'~~DERGROt~ND FACILITIES Add the followin<_ new para«raph immediatel~~ after Para«r~ph--^..04. A.L'. 3. At least ~' but not more than 1 ~ business dav_ s before beginning any excavation. the Contractor shall according to MCA E9-~-~01, notif~~ all owners of underground faciL•tics and coordinate the Work with the owners of such un:ier~ro~and facilities. The i_~~ormation show-n or indicated in the Conrract L:ocu;;~ents with respect to e:;i ..~;n« under~oand :~acilities is based on inforrriation ,.uid data obtained fr~~m the owners of the faciliti.~s ~~-:~ithout fi,~Id ~°xploration. and z; suci>, Owner and i~n~rineer are not resp~:~nsible f:~r the acouracv ~~r ^o~rnpiete~~~.as o~ such infor,nation or data. ~~,. t~~~. ~a1 „_.lll .;~ ~ '31' 1 ;I:~ ni t0 i., Ul ...~ 7(ii0'J./S. A. Ke-~70I"t5 «nd ~ra~'.'1P.«S: P~Ef'renC~ I; ]17ai1° 10 the St7CC13~ i~rOVl~]OI7S fCi tl1° identification..... SC- x.02 LICE°~SED SURETIES .AND I'~'SL'RFP. Add the following to the end of Para~Traph ~.0?.A Vv ithout 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 .Ao-reement, except that the Contractor shall maintain the Commercial General Liability Policv 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. ~C' - ~ (14 ~'~3>`~'~'RACTOP'S LLAI3ILITY I'~~SL?Ra'~~C'E Add the following new paragraphs immediately after Paragraph ~.04.B: C. The limits of liability for the insurance required b~~ Paragraph x.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. ~%orl:ers' Compensation. etc. under Paragraphs x.04.1 and x.04? of the General Conditions. a. ;tale ~t ~_tuton~ ~. Applic~ ble Fed°--r~1 (e. g . Longshoreman) ~`~.:nzton• c. ':m~lover' Liai~~Lit}' `; ~~)~i-000.~~~~ ''.. ~`~. _~lo~ ~ L ,__~~lity T'. u, ~ ~ un~ „ P~,a~rz.r~~1s -~ ~~'.~,. ~~ t~;u-c.,~rl~i C ~. ~_.~ o~ ,. , 1~.••it ~ . 1 l _l~l2rl %nJ ` ICJ ;.. AI ~'~'1~ ~~ ~ .~~'v i~~ ~.•v ~. ill. t~Jl~~~1 :/.1 .~' A~~I: , iI .. '~~_ ~. l: ~Jii. ~,;`~`. . l it ~:~ b. r oducts-Corn,~let~d Operations Agg~rev~ate c. Personal and Advertising d. Each Occurrence !Bodily Injury and Property Damage) e. Coverage will include: 1. Premises -Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personallnjury Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 4 of 12 ~. ~J00.000.00 ~ 1.000.000.00 ,, :: ~.. ~ . T ,r,. _ . Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse. blasting and underground where applicable. Per Project Aggregate Endorsement ;. Automobile Liability under Paragraph ~.04.A.6 of the General Conditions: a. Bodily Iniur~~~: 1/ach Person S ~OO.000.OCi Each Accident ~ 1.000.OOU.00 Pronem, DamaC7e: Each ,accident g1.000.000.U0 (or) h. Combined Single Limit ~ LC)OO.O~i0.00 Covera«e to Include 1. Al] Owned `_'. Hired 3 . Non-Owned =+. Contractors' a~_~,iity Insurance ~.~nd~r ~.O~1.A.3 throu~~: 5 0?.A.6 ma~~ ,e ,~3tlsf ed ~.~ / E~rln~a~~- ~i~_ u~~ance or a ^o.~ ;~~-- ~l»7l C~ hriil~~~~~~~ ~:.nd ~ .,es~~ c-~ ~~~rr~~~ r alit .,,~„ ~r.: ,,~~ ,. ,~;r::;,r o.,~ ~ r~ ~e i.,~~~ ..=:nnot 1, . .._ ti ~: ~1 ~ iaC~, ".'~' .~:J. I ~~l i~i,h')~:, 'lU _ t0 .~_~ ;( _..~i ~,~~) ,i~ ,.^,l ~i~', ~ U, f~~ r~r: 'i l ~ ' 4 J,1 . ,.Cll7 ~11~::~~. T' ,' ~r~'i Ili f~,~. ~~l ;1 .~~ ^~:(~, .,.~)-..1~. 1 G~ i~:., ~,LO ~.~ ,. ~i'., i ;s fo~lo~,";: Tile Contractors insurance coverage shall name the Owner, and ~~~_ ~rin~~er e~~nd 1/n~~ineer's Consultants as an ac!ditional insured under Commercial Ge_.~ral Liability. Automobile Liabiiit}~, excess or Umbrella ponces. 6. The Contractual Liability coverage required by Paragraph ~.04.B .4. of the General Conditions shall provide coverage fort not less than the following amounts: Each Occurrence ~ 1.000.000.00 Aggregate ~ 3.000.000.00 Secrion 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Pase 5 of 12 li ' SC- ~.04.B.~ CANCELATION NOTICE ' Amend paragraph ~.04.B.~ of the General Conditions by striking out the words " 30 days" and replacing them with the words "4~ days" and as so amended paragraph ~.0=1.B.~ remains in effect. SC - 5.0~ PROPERTI~ Iti~SL'F._~NCE ~~ Delete Article ~.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subiect to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Re~~ulationsj. This insurance shall: ' 1. Include the. interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, En~tneer, En~~tneer~s Consultants. and any otter pcrsnns or entities i~~_ntified in the Snpl~lementa--v Conditions, each of whom is deemed to have a.n insurs'~~~ie interst and snail be listed as an insured or additi~~.~al insured: ?, be ~~:°ritten on a Euilder's Ri~~~l: "all risk" or open pcri] or special "~u:; ;s o1 lc>s policy f:~rm t'nat shall at l° ~ t ir~clud:: i~> cur ~:_;;ce to; (,ll`_~'~,1Ca) 1'.,_~S ~11C1 ;'~~ "~%~ ~' Tr, rl-' ~~'Or'". t ~1~~0~3i}' ~~U.~'- ]n~S, j~)SC '.l: Y Il~_io ,l' l 7l~'J~ ~'i, 1,1 l,~e~~:;;t !1C~_ z.l~ 1 i.. ~`^ :'~~ Ol., ~"rl' tiP, (. L~ i7 ill~~ i ,'~1`~'~aJ. ( Ia1Ci~~~.7 ih~ .,.:( _.. _. ~ IJ; ,.,A]~~J .. ~.u;~.l:. r ~ L.aws .. ~~_ ~.1U1~`' ~~~ el ~: ;1 d 'l'i)a~~' ~, )I,:l~r tl'':'t1 cawed 'by floods), a_~~d u~he- 1;. ils or c tizses o,"~ loss ~s inav ~:e spec~_fically re~;uired b_~- the Suppler~lerztan~ ::ondition 3 include expenses incurred in the repair or replacement of any insured property (including but not limited to tpe 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 V~%ork by Owner; Section 008 ] 0 SUPPLEMENTARY CONDITIONS TO THE GENERAL COIrTDITIONS Paee 6 of 12 ~~ ~i ~ < a 6. include testing and start-up; and 7. be maintained in effect until final pa}anent is made unless othen'`~ise agreed to in writing by Owner, Contractor, and Engineer with thirty days ~>,~ritten notice to each other additional insured to whom a ceninc.te 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 ~~~ith the requirements of para~~raph ~.06.C of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph ~.06.A shall comply with the requirements of GC - ~.05.C. The qualincations of the insurance company shall comply with the requirements of SC- ~.0?..A. '`.Cld the f0110~1'1i?•, t0 Paras77"'a~,h G.0'.B: ', ~ I~ 1Ze«ular vaol.~ns~ hot:rs ~~r° c~eined as 8:00 A?~1. to x:00 P.M. ~ln~~r~~°ncv work .acy be dc'rle ~~'1lhOUt ~~I-lOr )~~T7;11S ;lull. ~, r, , ~~ ~ _ . i ,., 1. i <.~1`. .'J 11 .).~.`i~... ~. Ui ti ~ itl ~.~~:'~ ~il(J11:; i~l li.~ ;1!~~. ~~ ;.ll(i rC:~)i .^,~ .. !i;C 1. Con~r~:.ctor shall su;~~lnit r_o r,.sril~e~r ~~~ith each a~-~piication for paymel;~ an updated pro.~xess schedule reflecting t},~ amount of work co~r~pleted and adjustments to furor:. work. Such adjustments will be acceptable to Engineer as pro~-idinU an orderly progression of the VJorl: to completion within any sp:.~ined milestones and the Contract Time. No progress pa`nnent will be made to Contractor until the updated schedules are submitted to and acceptable to En~Tineer 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 L 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 responsi'oie for initiating, maintaining, and supervisin.~T 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 am of his covenants and obligations hereunder. Cont. actor shall ;. incorporate all safety requirements into his construction. progress and worl: 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. ~- t~ ra.: The Contractor shall be responsible for and shall take necessary precautions and F .~~! . ~~` provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, ~~~' or othet-wise struction uncovered in the proximity d d h , con ergroun er un etc., and ot a~fected by the construction worl: performed b,,~ him. A11 pavement. surfacing. driveways, curbs. v,~alla, buildings, grass areas, tr°~s, utility poles or guy wires d~_:~.r~aQed .o~ the Conr:acto.'s operations in the perion~~~~.nce of this wo1-1, shall be ::;~aiT~::d andior :enlaced to the satisfaction of the Gwn~ -~.:~n`rineer. and eifect~_ property owner at the COntr~iCtor~S e;:pense. Th° Cont;-ac~~or sh.~I] Faso be responsible f~~r all damage to streets, marls, highwa~~~s, s'~ouir'~ers, dit~~ho::, ~ - 1 1, . t,. ~ c,;. ,-- h rr in~~ai;::~ner..~. c ~l .~s, l: d~°s, or o, per public or prt~'~!. w hiupe.;ty car li~~. , ,- _ ~ , ~ ~ ~ ~ , , , ~ ~ ~,,~ ~i l~,y ~:~~ov;t,~, ~ ,~ re~_"'r~i~~ess ~,r io;,;.no» or,,_~.r~r:r.,r-, v/~~-;:n _,;~~, u. ~ _ _ rr.„~~.i;t . cr ?~. ~J~~1S['. ~, il~~ ~:; ,..~ %~~l '~i~C1;`'.~ .. t:.( ;.~~ G i~1 'll_ i _i 1Q 11"C,A11 i_" ~aTfJ;» ~ ~ i:il~l. ;art of sits U~ _c~>>~~ ~ _,~~~ _. .;i;._ ~~~ l_ . i~,,,;:.~ ~~~,~ ,~~~ . ~ ~ :~~: ~ ~ ,~,Ji .~ , i.'.ll i.'h (~._ll~% il. ~' ~=i.7 1 ~__. (_)~i t;l. ,.,, x.111 ?i:~' ~1, i~: tt~ ri i 7,_ il'-r' ..'): ... .i ~1,~, .~.,~ ~ ~ ce~,, ;nt ~r~ ;>>..~f.,~~:nt of co ~ ~ .. ~; i? "~ Inc .ion ,-~, .~ ..:d ~~ , .,~1.~ ~~ pair c G. The Contractor shall conduct his work so as to inter.Fere as little as possible with public travel. whether vehicular or pedestrian. Whenever it is necessary to cross, o-bstr~sct, or close roads. driveways, and w~a11a, whether public or pri~~at°, 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 trafztc 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 SUPPLEMENTAP.Y CONDITIOI~TS TO THE GENERAL CONDITIONS Page 8 of 12 SC- 6.20 INDEMNIFIC-ATION :Add a new paragraph immediately after paragraph 6?O.:A. of the General Conditions which is to read as follows: While Owner and Engineer may have rile right under this Contract to obser<~e or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such obser~~ation shall not relieve the Contractor from any of its covenants and oblieations hereunder. ~C-9.Q? PR(~.TFC'T RT;PRESE'!T_aTI~'E Refer to the Special Provisions for identification of the responsibilities and authonty_ and limitations of the Engineer's Resident Project Representative (if anyl. fir'- 11.1 CC?c ; ~r TTE ~~~~C?~RF,: Delete para<_naph i'; .Ol . a..:~.c of the General C-or~,?itions in its entirety and insc: t th° f<~ilowin« iI; its nla:;.~. ,(1.:='..~.C 7 tlP CO St fOr th`_° USP Of all COni>tI'LIGtlOn GgLlir)1:nellt x!17(1 1T?dCl!1nE -~' and 1:arlS t;_er`~of wi~~~th°'r o~~~ned ,v the Contractor or rent^d fr~~~n; oth,,.~s. Tlie c~~st shall -be C'.i:~ ,.i'',Cl ~.S 1C%ilOViS ahil `.^.1~~ `,nCitl~' file C''St~ GI tr '~p0:iatlCn, lOaCllf~". llriJia(iln". 1 .il~~ ,1 ~ ,1.. 1 7 ~~iC lii` tai ;TLII~ .:71~' ''ll!' ~~ll: 'il ~l '0 fnl ,,11.T~'7(_n' I~.. )1'. 1 L7 ~' ~ ~ ):'. ~ l:`.ll m '.I OI il;, ~. ~!: C~'~`~~-.(;'~ L~J'~:; 1 1 .G_. L, I.~;v ~ Ji,~: ~ ., _. _:i~~ ~ _~.L;, _'J~ 1(C~` i.ll~ ~ ,l i ;i~ f.,~, ~ 'd ~l it I: .. :i~.~l'~(~~. L .lam ill i 11(-:._i ~~~; ~ ~. - -ll ,,, '.~? ~ ~ ,~ ~, .d 1~1-C;,1]~i 7; )Y1'~~lt~~ ~,~ ~1(: A C~.-,,. .1,; f'~ ,l 2i i~ F. ~:ii '_ll ~ ~~ ;`'. ".;; . .all C.,JSI ~''l~ al Tile 115., t .:~.0~ iS n-~~ I ri! i?eC~ `i:-v fo: ~ :~ QI"':. 0. - ,ii1,~i'~i~~P,' end rr:a~,';~,ille,v~a_~~, slaali ~~,e r,.,,~uit~~ed ~i-on~ the l:~n?~~1 Rats ~~ ,c i-:moo:; foi ~;`o~ :~tlt~~ai~~~1 L.qu,nmc:It, and the Lqui}~mc~nt List suumttcd a~ccrciing to ~~-"'.0~ a:,'? SC-"'.~i~ ana as follows: For working equipment, the hourly rate snail be the monthl~~ rental rate divided by 176 hours per month plus the hourly operating cost. ?. For equipment on standby, the hourly rate shall be ~0°'0 of the monthly rental rate divided by 176 hours per month; and the hourly operating cost shall not be applied. ~. 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 li ii ii ii II '~ ~ SC-11.03 UNIT PRICE WORK Delete para~naph 11.03.D.1 and ? of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of unit Price Work performed by Contractor differs by more than ~'~°~o from the estimated quantity of such item indicated in the .Q.~-r~ement, and ~- ;'.~; _'. the total cost of the particular individual item of unit Price Work amounts to 10°.~0 or more of the Contract Price which is the total sum of al] schedules (if any), and ~. ~~ cr_ i 1 n~ ~ ,~ nnI tr,~,-rrn?~?c ~nR u ~ ynRi~;~rc C, Add the following lan~uaQe at the end of paragraph 1-~_0'?.A.l of the General Conditions: ~~ ~~~ Pa~~nents for materials in storage shall be based only upon the actual cost of the materials ~ ~. and equipment to Contractor and shall not include anv overhead or profit. Bill of Sal°. ~ _w in~~oice or other docu;zlent warranting clear title for materials in stora«e will be v;aived for the m~-feral in stora~~re included in the First pro~-;ss pa~r~-r:er.,_ api~licatior=.. Ho~;~over-, 1~~;-oof of 1~~~,~:nent and clear title mug. u° su::rnitted with ~~_;plication 1'~-.0. ~ for all r ~ ite:i,_i in.auded in ?>~.p'.ication No. 1. Without such doc~anen'ation ~;~oui~ts }-~~aid for materials in storas~e ~~~~ill be c~ ~_ ci ~~:cted irons subs~~ ~,~~en~ pavm ~, ~ts. ~~ ~ ~ ~ ~ ~ir~ ~ ~; i ~>> t't:~e sF~cond ~r;',7'.~ :._.~ic~~, ~~11 r~°o,~.~csts Cor panne It for ma Pr~?1s in stora~~e sii~,ll , : 2.~_~;or,ir ._7 ;~,~~ b,;~ Pill o ~~~i~, i;,,~;ct.~~ cr ~~u~er c'. ~c~,~ icnt ~~~a,.a~~ii~~~r .1°,a~ ,~tl~ ,s requircc a.,~ .,. -, _[371 '.:~-. L.)' I~~ L::~i.. I ~~~,_ ~`.., ., tU O,(`_ t ~ .;~ ~ ..11`! ~~ !~. iG:_ _.. etP~.lt?ICial :(i 1~11'8.ra,,i8.p17S l'.~).~.r'.J.a"l:1[~:11'7)7 J~?.~~_'.~.. .CI L1C~~-1SIV'~. ~~.~1.',.!~~. 1._~. l~ir11?ii l~'_~~:?.D.1.d inch~~7i.'e, or 1 ~.0'?.!~~. In ~~:kiition rep>~i~~laQe nav be ur;e~~ ~~~y the Oa~r.~r to protect against loss fror.1 failure by the COntraC~Or to complete nec;~asz:rv worl. and to offset anv liquidated dama~~es due Owner. ,: ,,, Add a new para~~aph after para~ ~-aph to 14.0?.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement scinedule, and other data specified herein or reasonably required by Owner or Engineer. The ~ Owner reserves the right to require submission of monthly certified payrolls by the Contractor. ~ Section 00810 SliPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 10 of 12 SC - 14.02.C PAI'MEI\T BECOMES DUE Delete ParaGraph 14.0~'.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 Pa~~rnent with )/nGineer's recommendation, revie~~~ and act upon said pa}~ment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Pa~.~n~ent v~~ill become due ~~hen 0~~-ner approves the application for payment and wil] he paid by Ov~'ner to Contractor ~~~ith in ~U da~~s of the da_y of the month stipulated above at the preconstruction conference. SC~- 14.!1'.1}.!.c Amend the sentence of ParaGraph 1-~.0?.D.l .c to read: ...entitling O~~~ner to a set-off against the amount recommended. including liquidated damages: or... ,~ ~, ~ r~ , ,_,._~ . , ~ ~~~ .~ ~, , p ~ ~- ~, -~ .^-,dd t?~ Io]lov,'ln~' ~.~t111'~ eI d O `~a.a~:~;ih 1~.0J.,~~.Oftli~ C~~;iier?-1 COI]QItIOn.`'i: .'~~I~, 'r ~ )'C.'.~)Il t :il~i(~tt.~'~1 ~i _. ~~In. Iti_S RV~ 1:,(i! li - L"n`'~ae':'r nC ]?c~'~ ::';n-i ~ '~~%71''., t0 ~ ail _.~ l ~~ J11 U`:I": Ci G ~ ;~ l' ~G'", ~ ~.'~` iiL i Ij1C 'O! li ~ . ,, --~Oi, ``"t:u ,-~i 1: ~ '. ill ..;ICI .:~ .; i'.ij: i. -i~ i I11.~; .1.._ ~~ ~ Sri.;~1~i,. ~. . ll _~ ~:,. ~~_ i ~'IT_ .'i'',[ (. U , ~,: i Ali ( ,.. ti__ ~ r _ .~ ... .,1:°r,.(i . k111 JJ;':i~'~-.ttlU:~ IU1 !);1 ~], :11:.i r:,' iGi" 11~L 11111 t,.~~::7iiJt. Valih; ll]C:~i.,_~.. I ~. ..,~n~_ t'~il~ ,C? ~/° ~'' '1~1~1 '.',Q~IIt,.-` ~I"lt I;l1l;lUC.C':1 J11 all <j,l)1iC~~.`-'.':Jr) f01- 1-7~~t77~i~i CiC;(;~ nOt Uwn.:r ~~.~~ m~~tel,~~ relieve the. CoiJtrac~,or of tine Contractor's ob]i~ation to ;~ro:~ide in~urar~;~ (inc]udin<, prop~:a-ty insurance) as required in Article ~ of ti G~~ :era] Conditions and these Supplementary Conditions. All insurance shall remain in effect as pro~.~ided in :Ankle ~. SC- 14.0 P.4~TI.4L ['TILIZATION :Add the following to Para~-raph ] 4.O~.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 SUPPLEMENTARZ' 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 adi usted 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 Genera] Conditions 1 +.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 teas and instruction of Owner's personnel must be satisfactorily completed, and Qwner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of wort: 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 sha.Il, without teiiiiiiiatiii~ the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. s~- J'.06 1~'Tl~i.!~lT~ 1,~T~TI~CT~n~~ Add the following to Para«raah 14.06.A: ~ fer Contn~.ctor i~~~ ; r~ , °dI~d all ~_'~.eficiencies to the satisfaction of the , ~.in~~er and delivered all consrr~~cti:,n records, r.~aint.er,ance and operating in.~tlurtions, sc',~-~duL°s, 7 ~-t,~_- ~~~es, bonds, r,;,~icatcs of i.~~spection, and c `hrr c ,cu:~~~nts ;all as r-egtzireu 'rw the Conn ~c~t ,,o~~i~~mc;nts), C-~;~rlivr rind Cc,~~itr~~.ctor shall be 1~ro~~~Iptly ilotifierl i~z ~~~r~I,.~~~~_~ h~;~ r.~~in~ :r iil~~,t tb~:, ~ urL a c ;~1:ble. ~_ ~;'he 1;^~'7llr~' 1Cldr;5~ f01" ~IVln? 1~')t1C°S t0 COat'~"?CtOr ~?IVC'fl lit the :~'_~ZTB; .,:'?li i5 ~);~I'"b`1 designated as tb° place to whic~ all noti~~~a, letters. a;;d other cc.rlrnunicatiun to Contrr-ctor will be mailed or delivered. ~fhe n~aiiinQ address for ;wing notices to Gvrner Ui~~en in the Agroenient is hereby designated as the place to which all notices, letters, and other colr~inunication to Owr.er shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 12 of 12 ;!;' ~. MONTANA PREVAILING WAGE RATES 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 orcontact 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.mtwaQehourbopa.com, orcontact them at: ' Employment Relations Division Montana Department of Labor and Industry ' P. O. Box 6518 Helena, MT 59604-6518 Phone 406-444-5600 TDD 406-444-5549 The Research and Analysis Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to pro- 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. Definition of Highway Construction .........................................4 C. Definition of Public Works Projects ............................................4 D. Prevailing Wage Schedule .............................................................4 E. Fringe Benefits .................................................................................. 5 F. Apprentices ........................................................................................6 G. Posting Notice of Prevailing Wage .............................................6 H. Employment Preference ................................................................6 I. Rates to use for Projects ................................................................. 6 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.or~ or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and payment of prevailing wages. For detailed compliance information relating to Public Works projects and payment of prevailing wage rates, please consult the Regulations on the Internet at: 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 4 I ' 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 Montana Code Annotated (18-2-401 (11) (a)) defines "public works contract" as "a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision is which the total cost of the contract is in excess of $25,000." ' D. Prevailing Wage Schedule ' This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules ' for Building Construction, Heavy Construction and Non-construction Services occupations can be found on the Internet at www ourfactsvourfuture.org or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. r 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 SecurityAct 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. ~~~~ '' F. Apprentices 6 ' 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. 7 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 CON5TRUCTION 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 + $4.00 Carpenters: Rates Carpenter ....................................$ 21.64 ~'~ Piledriverman .............................$ 21.64 Millwright ....................................$ 23.64 Fringes $ 8.85 $ 8.85 $ 8.85 Cement Mason ................................ $ 20.36 $ 8.50 li 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 I~ i~ 10 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 Hoseman; 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 ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track orTruck mounted Wagon Drill; Welder including Air Arc Line Construction: Rates Equipment Operator .................$ 19.16 Groundman .................................$ 15.40 Fringes $ 5.05 $ 5.05 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. i~ ' 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, t 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 13 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; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. 1 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 under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION • RESEARCH & ANALYSIS BUREAU WORKFORCE SERVICES D I V I S I O N MONTANA DEPARTMENT OF LABOR & INDUSTRY P. O. Box 1728, Helena, MT 59624-1728 Ph: (406) 444-2430 or (800) 541-3904 Fax: (406) 444-2638 www.ourfactsyourfuture ors 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. i ii SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, ' equipment, supplies and services necessary for the construction of Cold Milling and Hot Mix Overlays, and Pavement Marking Installations. ' All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Fourth Edition (MPWSS), published 2003, and as further modified by the City of Bozeman Modifications to MPWSS, dated March 2004, which is ' hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, is a reference to said Montana Public Works Standard Specifications. ' All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as ' unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK Cold Milling and Hot Mix Overlay: This work consists of 2" cold milling and 2" hot mix overlay of the existing bituminous pavement for those streets depicted in Appendix B of these specifications. Cold milling shall be done in accordance with Section 411, ~~Standard Specifications for Road and Bridge Construction", 1995 Edition, adopted by the Montana Department of Transportation. Pavement Marking Installations: This work involves furnishing all labor, materials, equipment, supplies and services necessary for the installation of hot applied inlaid thermoplastic pavement markings as shown on the plans in Appendix B. All transverse markings shall be a minimum of 400 mils thick; all longitudinal lines shall be a minimum of 270 mils thick. 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 address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. 1 SPECIAL PROVISIONS 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $100.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such ' designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written ' approval of the Owner. No substitutions will be considered until after contract award. ' 8. APPROVAL OF EQUIPMENT AND MATERIALS ' The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he ' 2 SPECIAL PROVISIONS I~ ' contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. ' 9. BIDDER'S QUALIFICATIONS ' The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have afull-time resident General Superintendent on the job at all times while the work is in ' progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. ' 10. WARRANTY ' If, within one year after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said ' written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. ' 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, t 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 showin the antici ated g p amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. ' C. A TRAFFIC CONTR OL 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 at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the 3 SPECIAL PROVISIONS t 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. 1 Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES ' The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 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. 4 SPECIAL PROVISIONS Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. B. Traffic Access. Construction work shall be programmed by the Contractor so that ' local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum ' of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. ' C. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the ' nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with ' suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly ' protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All ' lights used for this purpose shall be kept burning from sundown to sunrise. D. Measurement and Payment. No separate measurement and payment shall be made for construction traffic control. Construction traffic control shall be considered an incidental cost to be included in other items in the contract requiring traffic control to complete that item. 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL ' The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned ' by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and ' 5 SPECIAL PROVISIONS regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment 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. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected from damage during construction. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. ' It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor ' and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 6 SPECIAL PROVISIONS 20. OPERATION OF EXISTING VALVES ' All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS ' Any items removed from the existing system under the terms of this contract shall remain the property of the Owner and shall be delivered to a site of the Owner's choosing within the property limits of said Owner. Should the Owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be at the Contractor's expense. ' Milled asphaltic pavement material shall be salvaged and shall be delivered by the Contractor to the City-owned yard on N. Rouse Avenue north of Griffin Drive. ' 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 7 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: Cold Milling of Existing Pavement (2" nominal depth). Cold Milling of existing pavement shall be measured and paid for by the square yard of pavement removed to the specified nominal depth. Should the City Engineer direct, in writing, removal to a depth greaterthan specified, the measured area involved will be increased by the ratio of the ordered depth to the specified minimum depth. Such price and payment shall be full compensation for cold milling, salvaging, hauling, handling and stockpiling, or disposal of the milled materials, and incidentals necessary to complete this item. Item 102: Hot Mix Asphalt Surface Course. Type B Plant Mix. in place. This item shall be measured and paid for by the ton of 2,000 pounds of compacted Hot Mix Asphalt Surface Course, Type B Plant Mix, in place. The unit price and payment shall constitute full compensation for cleaning underlying course; application of SS-1 tack coats; for furnishing, handling, hauling, placing, shaping, compacting and finishing of the paving mix; matching finished street grade to existing manhole, valve box, and curb box grade; for improving unsatisfactory areas; for placing leveling courses as required; for all materials (inclusive of asphalt), manipulation, labor, tools, equipment, and incidentals necessary to complete the work in full compliance with these specifications. Item 103: Adiust Valve Box. This item shall be measured and paid for by the number of valve boxes adjusted to the finished street grade through 1) the proper adjustment of the existing valve box adjustment mechanisms (slip-type or screw-type), or 2) installation of a Tyler Corporation No. 69 screw- type adjustable riser if compatible, or 3) installation of an East Jordan Iron Works 8500 valve box riser. The unit price and payment shall constitute full compensation for all incidental materials, excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. 1 MEASUREMENT AND PAYMENT Item 104: Adiust Manhole Ring and Cover This item shall be measured and paid for by the number of sanitary sewer, storm sewer, or telephone manhole rings and covers adjusted to the final street grade through the use of concrete adjusting rings as defined in the specifications. The unit price and payment shall constitute full compensation for all materials, excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. Items 105, 106, 107. 108 109 and 110 Themoplastic striping material These items shall be measured and paid for as per MPWSS Section 02582, 4.1. Item 111: Sewer main replacement This item shall be measured and paid for by the lineal foot of sewer main replaced. The unit price and payment shall constitute full compensation for all materials and installation of materials, excavation, backfill, compaction, cleaning, labor, tools, material disposal, pavement replacement, and incidentals necessary to complete this work. 2 MEASUREMENT AND PAYMENT APPENDIX A STANDARD DRAWINGS COI i1N NOTES: 1. Adjust manholes upward with adjusting rings under frame. 2. Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade. 3. Slope manhole frame as required to mathch slope of street. 4. Final manhole adjustment shall be made before paving. s. All joints between manhole sections, top cone, adjusring rings, and manhole ring shall be watertight. Joint material shall be "Ram-Nek" or approved equal. 6. Manhole ring and cover shal be adjusted to match fmal crown and grade of street. Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required angle. 7. Manhole ring and cover: use MCI 305 frame, 305A cover, IFCO 772 frame, 772-B cover, or Deeter 1025, or D & L A-1172 with 1" cover. CITY OF BOZEMAN STANDARD DRAWING LT IE PD.IUSIIIIC 5 IECE58dRY -1 Y INK) Scale: MANHOLE ADJUSTMENT No. 02213-1 None DETAIL lieu. April Zoos NOTES: 1. Adjust water valves upward or downward as required. Final adjustment shall be made after paving and before seal coating. 2. Model No. 69 8550 aeries, East Jordan Iron works adjustable screw-type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. TANDARDBDRAWINGI SCALE: I WATER VALVE ADJUSTMENT I N0. 02213-2 NONE DETAIL Feb. 2004 ....................................................................................... .. ...................................................................................... ....................................................................................... ....................................................................................... ....................................................................................... ....................................................................................... ...................................................................................... ...................................................................................... ..................................................................................... ..................................................................................... ................................................................................... ................................................................................... ::::::::~~.'.... ....• 1'' "FROM.. EDGE OF GUTTER OR JJJ FACE OF VERTICAL CURB 1 ~-I White NOTE: The location of the crosswalk lines are dependent upon location of the sidewalks. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS N0. 02581-1 NONE FOR PEDESTRIAN CROSSINGS FEB. 1996 STANDARD DRAWING TYPE "A" CROSSINGS C ~ Revised July 2002 ...................................................................................... ...................................................................................... ...................................................................................... .... ................................................................................... ...................................................................................... .. ..................................................................................... ...................................................................................... 2' } 24" White School Crossing f -2~ 8' Typical /.. ~~1 ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... NOTE: The location of the crosswalk lines are dependent upon location of the sidewalks. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS N0. 02581-2 NONE FOR SCHOOL CROSSINGS FEB. 1996 STANDARD DRAWING TYPE B CROSSINGS ~~ '~ ~ Revised Dec 2003 B' -4' 8'-4' 8' -4' 8. -4.. NOTES UNLESS OTHERWISE NOTED EACH SQUARE EQUALS 4 INCHES. ALL PAVEMENT MARKINGS ARE TO CONFORM TD THE REQUIRE ME NTS OF THE "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES' AND "STANDARD HIGHWAY SIGNS" PUBLICATIONS, FROM THE FEDERAL HIGHWAY ADMINISTRATION. ALL WORDS ARE TO BE WHITE. USE THE SIZES OF WORDS SHOWN UNLESS SMALLER OR LARGER SIZES ARE NEEDED. THE SIZE OF WORDS MAY BE SCALED PROPORTIONATELY pOWN BY APPROXIMATELY ONE-THIRD fOR LOW-SPEED, URBAN CONDITIONS. THE MINIMUM HEIGHT OF ANY WORD IS 6 FEET. LARGER SIZES MAY BE USED FOR ABOVE AVERAGE SPEEDS ANO OTHER CRITICAL LOCATIONS. 00 NOT EXCEED MORE THAN ONE LANE IN WIDTH FOR ANY PAVEMENT MARKINGS, EXCEPT IN THE CASE OF THE WORD "SCHOOL". WHEN "SCHOOL" IS EXTENDED TO THE WIDTH OF TWO LANES, SCALE THE WORD UP PROPORTIONATELY TO FIT THE APPLICATION WIDTH. FOR MULTIPLE LINES OF INFORMATION. PLACE THE INFORMATION SO IT READS IN THE DIRECTION OF TRAVEL. DO NOT EXCEED THREE LINES OF INFORMATION AT ANY LOCATION. WHEN WORDS AND SYMBOLS ARE USED IN COMBINATION, SPACE THEM AT LEAST FOUR TIMES THE HEIGHT OF CHARACTERS FOR LOW-SPEED ROADS, BUT NOT MORE THAN TEN TIMES THE HEIGHT OF THE CHARACTERS UNDER ANY CONDITION. ON NARROW, LOW-SPEED BICYCLE PATHS, SIZES OF LETTERS MAY BE SMALLER THAN SUGGESTED. BUT TO THE RELATIVE SCALE. QUANTITIES ARE BASED ON THE SIZES OF PAVEMENT MARKINGS SHOWN AND ARE FOR ESTIMATING PURPOSES ONLY. PAINT VOLUMES ASSUME A IS MIL THICKNESS. EPOXY VOLUMES ASSUME A 20 MIL THICKNESS. 10. 00' 8' -4' 8' -4` QUANTITIES WORD AREA lFT' I PAINT (GAL. I EPOXY IGAL. I STOP 22.77 0.21 0.28 ONLY 21.89 0.20 0.27 RIGHT 26.05 0.24 0.33 LANE 23.94 0.22 0.30 LEFT 20.00 0.19 0.25 TURN 23.98 0.22 0.30 SCHOOL 48.14 0.45 0.60 NOTE EACH SQUARE EQUALS 0.40' o In i x z- ~4 .o ~ / a ¢' ~: ~ ~Q o ~ o 1N)r3nra !0 3703 a I- a ~ ~ o ~ F w w II.; N wz '< ~ ~wo~ a - I i aN~ I, ~ smo T c ~ ~s ¢?~ 4q` LL g$o S„ Y a$ g ~a a o ~y , oSW EW WiS ~ _ ¢ ~ W ~~ 1N'~3 Yy ~ ~3 F ' _ y~ `cY < a_ ~~ ~~"~ H 4 `a Fo ~i z~: s N ~03 a ~ ~s~ O °~ X44 - ~~~ o~ a z oQ w~j ~~ ~ u ~ - ~ _ ~~j ~ ui ~~~ wi~ o~F ~~ aw ''/r01-,11 a i ~1 N6oa - °~ ,. `~ < _ - a~ a4 z ~~ o ~ ,. o ~ i - z ¢ _ _ ___ _ a zo a8 UijN v~ ¢~ x _ _ ~ ~ ~ Q ~ o I ~ ~ O - ~ Z~ i $O vi + ~W ~_ ~ z tae > _ oWi~ d q ¢ LLz° ~ " ~Nh ~ ~: x - :~ 94 +'y~ Yd 'Y? ¢N: ~ - ' '"S~ ~¢~ } o _ _- eN o¢Y ~ _- z ae -~ - `ko Wg - - ~ e~ ze __„ y~ W9 N~=V a ~ I -_ - -- 3rd ~`- o~ ~ 3 - 1-- ~~ ~ ~ ao ~ ~ ~~ 03: ~ - a - NON - ~o - a Wa~ a < xi - ` €o Z = Y m a o o ~- - s - ~ a - Ni .. ~. ~ .. z - - `x " i 0 APPENDIX B WORK VICINITY MAP ESTIMATED QUANTITIES BID ALTERNATE No. 1 PLAN SHEETS 1 - 3 __ __ ~ vo-_ / yti , v -b~,. r ` dvv O 1 T" __ K u I ~" ` mli { / ~ ~ ' ~ F i I ~\ ~- C ~~~ ~I~ ~; , ; p; _ w ~~ p 2 L- Kai Ji j ~~ cw71i ~I 0 O j C+ ' x i i ~ trI ' ~ , \ ~.. 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STA 0+00 ~'~ ss _ _ _ ss ~ S. CHURCH AVE. ss ~~ ss - ~_ .__ h ~ _,,\ 1 I ~^ l 1 ^O l 1 r~ V1 ('~}'~ !V a H~ r r~ ,1 L `i EXISTING ASPHA T_ SURFACE & BASE COURSE TO REMAIN ~, ~~ ASPHALT TRENCH RESTORATION ZONE SURFACE COURSET ~ ' CUT-BACK I '_ j~ 1 ~ ~'_.. i ~ ~ ~" MINUS CRUSHED ASPHALT ONLY AGGREGATE BASE COURSE (BOTH SIDES) ,; ~; I ~ -- ~+ TYPE A ' ~ L~ ~ 6" MINIMUM OR 12" MAXIMUM TRENCH -; - ' { TO UNDISTRUBED AGREGATE BACKFILL ,, BASE COURSE ~ ~ ~`~~ -~ ~ r ~ ' SEWER PIPE ~ ~~ ~~. . ~`` ' ~ ~ `'~~`~~ ~ a ~ 'M ~ =?, r~ t ~ ~ f~ ~ ~a . ~ ,, _ ~' j "~'- PIPE BEDDING I ~ ~ ~ ~~ ~~. j5, _ ~, ~ Y i -`ma F • f ; y - +~, ,,,y~.~ ~!. y 1 Y Y _ 1 _ I _ 1. ASPHALT AND CRUSHED AGGREGATE BASE COURSE SHALL BE AS FOLLOWS: ASPHALT THICKNESS BASE COURSE THI " " CKN ~s 3" MINUS PIT RUN TYPE B -4"(2 LIFTS) 6" BASE g" DETAIL - ASPHALT STREET SURFACE RESTORATION NTS 2008 Street Improvements Bid Alternate 1