HomeMy WebLinkAbout2010 Street Improvements Contract Documents-- 01"
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11
OEM
PREPARED BY
CITY OF BOZEMAN ENGINEERING DEPARTMENT
May 2010
I
CITY OF BOZEMAN, MONTANA
2010 STREET IMPROVEMENTS
May 2010
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
Standard Drawings
x ®r Welm'.10.
Estimated Quantities, Work Vicinity Maps, Plan Sheets
The City of Bozeman will receive sealed bids for its 2010 STREET IMPROVEMENTS
consisting of proposed Seal Coat applications and Cold Milling and Hot Mix Asphalt
Overlays on various streets within the City of Bozeman. Sealed bids so entitled and
addressed to the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman,
Montana 59771-1230 will be received until 2 p.m., local time, May 25, 2010, 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 (non-refundable) for each set, at the City of Bozeman,
Engineering Department, 20 East Olive Street, Bozeman Montana 59715.
All bids and proposals for the construction of any public contract project shall contain a
statement showing that the bidder or contractor is duly and regularly registered under the
laws of the State of Montana, and the contractor's registration number shall appear upon
such bid or proposal, and no contract shall be awarded to any contractor unless he is the
holder of registration, all as defined by MCA 39-9-101 through 410.
All laborers and mechanics employed by contractors or sub-contractors in performance of
the construction work shall be paid wages at rates as may be required by the laws of the
State of Montana. Each entity submitting under this notice shall include a provision
affirming in writing the submitting entity will not discriminate on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or because of actual or perceived
sexual orientation, gender identity or disability in the exercise o contract should it be
awarded to that entity. Each entity submitting under this notice shall also recognize in
writing the eventual contract will contain a provision prohibiting discrimination as described
above and this prohibition on discrimination shall apply to the hiring and treatment of the
Contractor's employees and to all subcontracts.
Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid
Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent
(10%) of the total amount of the bid. Successful bidders shall furnish an approved
Performance Bond and a labor and materials Payment Bond, each in the amount of One
Hundred percent (100%) of the contract amount. Insurance as required shall be provided
by the successful bidder(s) and a Certificate(s) of that insurance shall be provided.
No bid may be withdrawn after the scheduled time for the public opening of bids, which is
2:00 p.m. local time, May 25, 2010.
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 6th day of May, 2010.
Stacy Ulmen, City Clerk, City of Bozeman
(Title)
Publication: May 9, 2010
May 16, 2010
INVITATION TO BID
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, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman,
Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2010
STREET IMPROVEMENTS, CITY OF BOZEMAN.
Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or
deviations therefrom may be considered as sufficient cause for rejection.
Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular.
BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the
amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which
may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A
Bidder's Bond issued by a surety company authorized to do business in the State of Montana
will also be acceptable,
SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name
and with his business address or place of residence. In case of a firm or partnership, the
name and residence of each member must be inserted, In case the Bid is submitted by, or in
behalf of, a corporation, it must be signed in the name of such corporation by an official who is
authorized to bind the corporation, and who shall also affix the corporate seal of such
corporation. The Bid of a corporation which is signed by a person other than a corporate
officer must be accompanied by a Power of Attorney showing that person's authority,
ONLY ONE PROPOSAL No Bidder may submit more than one Bid, Two Bids under different
names will not be received from one firm or association.
RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of
others, may be required to submit satisfactory evidence of this authority to do so.
The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his
signature.
QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence
that they have a practical knowledge of the particular work bid upon, and that they have the
necessary financial resources to complete the proposed work.
In determining the lowest responsible bid, the following elements will be considered: whether
the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and
equipment to do the work properly and expeditiously; (c) has a suitable financial status to
1 INSTRUCTIONS TO BIDDERS
meet obligations incident to the work; and (d) has appropriate technical experience.
Each Bidder may be required to show that former work performed by him has been handled in
such a manner that there are no just or proper claims pending against such work. No Bidder
will be acceptable if he is engaged an 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, including all
addenda, which is also hereby incorporated as part of these contract documents, and as
further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized
in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound
bid document.
Selected sections of the MPWSS have been reprinted in this document to provide a clear
definition of the project and detail modifications to the MPWSS made by the City of Bozeman,
in order to assist the Contractor in preparation of his Bids.
The complete CONTRACT DOCUMENTS which comprise this entire document, and are made
a part hereof, consist of the following:
Invitation to Bid ............................
Bound Herein
Instructions to Bidders...
Herein
Bid Form ....... .........................
Bound Herein
Bid Bond ......................................
Bound Herein
Agreement Form ... ........................
Herein
Payment Bond ..................... ........
MPWSS/Bound Herein
Performance Bond... ..... ............... MPWSS/Bound Herein
Standard General Conditions ........
MPWSS
Supplementary Conditions ......... ..M�PWSS/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 ............ ....................... Herein
Special Provisions . .........................
Herein
2 INSTRUCTIONS TO BIDDERS
Technical Specification ........... ....... MPWSS & COB MODS
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-wayfor 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 bythe Bidderthat he
has complied with every requirement of this section and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and conditions
for performance of the work.
Where logs of test borings are included in the contract plans, it is agreed that such logs do not
constitute a part of the contract and are included only for the convenience of the bidder or
Contractor and do not relieve him of his duties under this section or of any other responsibility
under the contract.
No information derived from any inspection of records of investigation or compilation thereof
made by the Owner will in any way relieve the bidder or Contractor from properly performing
his obligations under the contract.
UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings
is approximate and the Owner assumes no responsibility for determining the exact location,
The Contractor shall note the reference to utility lines and service lines for various utilities as
3 INSTRUCTIONS TO BIDDERS
noted on the drawings and that the approximate location may or may not be given. The
Contractor shall make written inquiry of the related utility agency to determine the location of
underground utilities in the project area.
INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a
Bid for the proposed contract is in doubt as to the true meaning of any part of the
specifications, or other proposed Contract Documents, he may submit to the Owner a written
request for an interpretation 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 h-rein or attached hereto shall
be detached.
Proposals shall be in a sealed envelope and addressed to:
City Clerk
City Hall
121 N. Rouse Avenue
P.O. Box 1230
Bozeman, MT 59771-1230
The envelope shall also contain the following information:
Name of Project: City of Bozeman 2010 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
fflagffm�mm a
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 OFBIDS 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
M
Title:
,Corporate Seal
If bids are signed for any other legal entity, the authority of the person signing for such legal
entity should be attached to the bid.
BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment
complying fully with the plans and specifications and, in the event he names in his bid
materials or equipment which do not conform, he will be responsible for furnishing materials
and equipment which fully conform at no charge in his bid price.
Before submitting a proposal, each Contractor should read the complete Contract Documents
(including all addenda), specifications and plans, including all related documents containing
herein, all of which contain provisions applicable not only to the successful bidder, but also to
his subcontractors.
BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations
of the proposed work and by such other means as they may prefer as to the correctness of
any quantities.
The estimated unit quantities of the various classes of work to be done underthis contract are
approximate and are to be used only as a basis for estimating the probable cost of the work
and for comparing the proposals offered for the work. The Contractor agrees that, during
progress of the work, the Owner may find it advisable to omit portions of the work, to increase
or decrease the quantities as may be deemed necessary or desirable, that the actual amount
of work to be done and materials to be furnished may differ from the estimated quantities, and
that the basis for payment under this contract shall be the actual amount of work done and the
materials furnished.
The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise
on account of any difference which may be found between quantities of work actually done
and the estimated quantities.
MODIFICATION AND WITHDRAWAL OF BID Bids may be modified or withdrawn by an
appropriate document duly executed in the manner that a Bid must be executed and delivered
to the place where Bids are to be submitted prior to the date and time for the opening of Bids
as called for in the Invitation to Bid. Requests for modification or withdrawal must be written
and must be signed in the same manner and by the same person(s) who signed the Bid.
If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice
with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that
INSTRUCTIONS TO BIDDERS
there was a material and substantial mistake in the preparation of its Bid, that Bidder may
withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or
negotiated, that Bidder will be disqualified from further bidding on the Work,
ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or
reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award
more than one Bid or schedule for the same Bid if any of the aforementioned combination of
Bids or schedules will be in the best interest of the Owner, The Owner reserves the right to
waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or
conditional Bids and to correct arithmetical errors in the Bid prior to comparison.
SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and
any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the
work.
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 Bidderwill be notified by letter, mailed to
the address shown on the Bid, that his Bid has been accepted and that he has been awarded
the contract.
CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any
contract at anytime before the complete execution of the Agreement by all parties without any
liability against the Owner.
RETURN OF BID GUARANTEE All Bid guarantees, exceptthose 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)
7 INSTRUCTIONS TO BIDDERS
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, togetherwith the contract Bonds, within the time shown on the
Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt
from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to
withdraw his Bid without penalty. No Agreement shall be considered as effective until it has
been fully executed by all of the parties thereto.
FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a
Performance Bond and Payment Bond shall be just cause for annulment of the award. In the
event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not
as a penalty but as liquidation of damages sustained. Award may then be made to the next
lowest responsible and qualified Bidder, or the work may be re- advertised as the Owner may
decide.
BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form,
Bond forms, Agreement, contract stipulations, or other specifications shall be removed from
the bound copy of Contract Documents prior to submission of Bid.
PAYMENTS Payment for all work performed under this Agreement will be made by the Owner
within the time period specified in and in accordance with the procedures outlined in the
General Conditions. Payments made after the time limit will be subject to interest at the rate
specified in the Agreement.
When the work extends beyond thirty (30) days, progress payments will be made monthly for
any work accomplished during the preceding month, but subject to retainage as specified
elsewhere.
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
INSTRUCTIONS TO BIDDERS
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 will be given to the lowest responsible Bidder who is a resident of the State
of Montana over a nonresident Bidder from any state or country that enforces a preference in
their state or country for their resident Bidders. The preference given to Montana resident
Bidders will be equal to the preference given in the other state or country. This preference
applies unless specifically prohibited by Federal laws or regulations. Products manufactured
or produced in the State of Montana shall be preferred for use in all projects if such products
are comparable in price and quality. Further, wherever possible, products manufactured and
produced in the State which are suitable substitutes for products manufactured or produced
outside the State and comparable in price, quality and performance shall be preferred for use
in this project. Preference regarding these products shall be in accordance with the laws of
the State of Montana.
INSTRUCTIONS TO BIDDERS
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TO City Clerk
P.O. Box 1230
Bozeman, Montana 59771-1230
THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the
Contract Documents, the site(s) where the work is to be performed, local labor conditions and
all laws, regulations, municipal ordinances and other factors which may affect the performance
of the Work, and having satisfied himself of the expense and difficulties attending performance
of the work:
HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the
form attached, to perform all work for the construction of Seal Coat Improvements, Cold
Milling and Hot Mix Overlay, and Pavement Marking Replacements, including the assumption
of all obligations, duties, and responsibilities necessary for the successful completion of the
contract and the furnishing of all materials and equipment required to be incorporated in, and
form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor,
superintendence, and services required to perform the Work; Bonds, Insurance and
Submittals; all as indicated or specified in the Contract Documents to be performed or
furnished by Contractor within the time and for the prices set forth in the following schedules.
The undersigned bidder agrees to be bound by this Bid for a period not to exceed that
specified in the Invitation to Bid.
The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract
within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to
complete all Work within the time specified per schedule after commencement of the contract
time as defined in the General Conditions.
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
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the
following unit prices or lump sums:
BID SCHEDULE
NO,
ITEM
UNIT
UNIT PRICE
QUANTITY
TOTAL PRICE
$ J� �.�
Ring and Cover
(Figures)
(Figures)
101
Cationic Emulsified
Gal,
$ 5-
19,607
$ 7 /7
15
Asphalt in place
$ 7,
striping
(CRS-2P)
108
24" white
102
Seal Coat Aggregate
Ton
$ 4 0-
848
$ 3 0q0
striping
318" Gradation,
in place
103
Cold Milling of
S.Y.
$
28,826
$ �7
297
Existing Pavement
striping
(2" nominal depth)
110
Words & symbols
SF
104
Hot Mix Asphalt
Ton
7
3,293
$ le?, 3
Surface Course,
-
TOTAL BASE BID
Type B Plant Mix,
$
in place
105
Adjust water
Each
0 0
$ 30/'
3
00
valve box
106
Adjust Manhole
Each
$
335
3
$ J� �.�
Ring and Cover
107
8 white
LF
$
15
527
$ 7,
striping
108
24" white
LF
$
W
644
striping
109
4" white
LF
$
5
297
$ 1633
striping
110
Words & symbols
SF
$
PLO
3�
138
$ 5 �5
-
TOTAL BASE BID
$
3 BID FORM
E i341 F 74,ou60
0 a Ile, r3 A 1 4 X 14Y Ce"A
(BASE BID TOTAL - WRITTEN WORDS)
The undersigned Bidder acknowledged receipt of the following Addenda, which have been
considered in preparation of this Bid:
No. Dated
No. Dated
"IN
M
Dated
Dated
Submitted this 2-Oday of 2010.
SIGNATURE OF BIDDER:
Montana Contractor Registration Number
If •
if an individual:.
doing business as
If a Partnership:
M
partner
if a Corporation: K/q/ z:6� )�Iv&
(a)
by
(Seal &
Title est)
Business Address of Bidder: X
ra 4 BID FORM
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 _
am
artner
If a Corporation:
(a) Corporation
by
(Seal &
Title Attest)
5 BID FORM
PENAL SUM FORM
Any singular reference to Bidder, Surety. Owner. or other partN shall be considered plural vhere
applicable
BIDDER and Address)
SURETY (Name and Address of Principal Place of Business)
OV,'NER (Name and Address i
BID
Bid Due Date
Project (Brief Description Includirig Location).
B OND
Bond Number
Date (Not later than Bid due date).
Penal SUM
(Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each
cause this Did Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
Bidder's Name and Corporate. Seal
BV,
Signature and Title
Attest:
Signature and Title
SURETY
Surety's Name and Corporate Seal
BV:
,Signature and Title
(Attach Power of Attorney
Attest:
Signature and Title
Note; Above addresses are to be used for giving required notice.
(Seal)
EJCDC NO. 0-430 (2002 Edition) 00430-1
(Seal
PE -WALL SUM FORM
1. Bidder and Surety, Jointly and severally. bind
themselves, their heirs. executors. adirunistrators,
successors and assigns to pay to Owner upon default of
Bidder the penal sum set forth on the face of this Bond
Pa anent of the penal sum is the extent of Surety's liability.
Default of Bidder shall occur upon the failure of Bidder
ueliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by
Owner) the executed Agreement required by the Bidding
Documents and any performance and payment bonds
required by the Bidding Documents.
This obligation shall be null and void if
1. Owner accepts Bidder's Bid and Bidder delivers
within the time required by the Bidding
Documents (Or any extension thereof agreed to in
wniing by Owner) the executed. Agreement
required b the Bidding Documents and any
performance and payment bonds required by the
Bidding Documents. or
3.2. All Bids are reiected by Owner, or
3.3. Owner fails to issue a Notice of Award to Bidder
within the time specified in the Bidding
Documents (or any extension thereof agreed to in
writing by Bidder and, if applicable.. consented to
by Surety when required by Paragraph 5 hereof .
4. Payment under this Bond will be due and payable upon
default by Bidder and within 30 calendar days after receipt
by Bidder and Surety of written notice of default from
Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
Any suit or action under this Bond shall be commenced
only in a court of competent jurisdiction located in the state
in which the Project is located.
S Notices required hereunder shall be in writing and sent
to Bidder and Surety at their respective addresses shown on
the face of this Bond Such notices may Ine sent by personal
delivery, commercial courier.. or b , , , United States
Registered or Certified Mail. return receipt requested.
postage pre -paid. and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current
and effective Power of Attorney evidencixig the authority of
the officer, agent, or representative who executed this Bond
on behalf of Surety to execute, seal, . and deliver such Bond
and bind the Surety thereb
10 This Bond is intended to conform to all applicable
statutory requirements. Any applicable r equirement of any
applicable statute that has been omitted from this Bond shall
be deemed to be included herein as if set forth at length, if
any provision of this Bond conflicts with any applicable
statute, then the provision of said statute shall govern and
the remainder of thus Bond that is not in conflict therewith
shall continue in full force and effect.
1 S The term "Bid " as used herein includes a Bid, offer, or
proposal as applicable.
51 Surety waives notice of any and all defenses based on or
arising out of any time extension to issue Notice of Award
agreed to in writing by Owner and Bidder, provided that
the total time for issuing Notice of Award including
extensions shall not in the aggregate exceed 1.20 days from
Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond
prior to 30 calendar days after the notice of default required
in Paragraph 4 above is received by Bidder and Surety and
in no case later than one year after Bid due date.
EJCDC NO, 0-430 (2002 Edition) 00430 -2
l
it a
i
ans rr
i§RF t'
1 2 [oil Fd 11UNTUT—T.T111
TO: Knife River - Belgrade
N
PROJECT: City of Bozeman 201 Street Improvements
CONTRACT FOR: Cold milling and hot mix overlays, p
avement marking replacements, and
seal coat irngrovernent&
You are notified that your Bid dated May 25, 201 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 overlays, pavement marking replacerrents, and seal coat improvements
The Contract Price of your Contract is: three hundred eighty five thousand four hundred fo rt
seven and 60/10 Dollars ($ 285,147.60).
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 3 tj,- 2 2 .
I 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 SC-5.02).
3. List other conditions precedent
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03).
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security
forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one
fully signed counterpart of the Agreement with the Contrad Docurpe� s-qttq�rec[.
CITY OF BOZEMAN, M NTANA A
BY: By
oA
(CITY MANAGER)
53
DATE: 0 10 4
rs
AGREEMENT FORM
THIS AGREEMENT is dated as of the & day of in the year 2010 by
and between CITY OF BOZEMAN, here(AafteCj 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 Ho
Mix Asphalt Overlays, Seal Coat Improvements, 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 2010 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 ($100.40) 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 eight five thousand four hundred forty seven
and 601100 Dollars ($385,447.60
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 orderto induce OWNER to enter into this Agreement, CONTRACTOR makesthe
following representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that in any manner may affect cost,
progress or performance of the Work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost,
progress or performance of the Work which were relied upon by ENGINEER in the
preparation of the drawings and specifications and which have been identified in the
modifications to the General Conditions.
6.3 CONTRACTOR has made or caused to be made examinations, investigations and
tests and studies of such reports and related data in addition to those referred to
above as he deems necessary for the performance of the Work at the contract
price, within the contract time and in accordance with the other terms and conditions
of the Contract Documents, and no additional examinations, investigations, tests,
reports or similar data are or will be required by CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 7. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire Agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof and consist of the
following:
7.1 This Agreement.
7.2 Exhibits to this Agreement (if any),
7.4 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).
M =�
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.
mk��@ �.M =0
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).
UTIRM M1111IIIIIIIIIIIIII Ji 16101:4 4 W-1 2 F;C*N
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,
8.5 The Contractor agrees not to discriminate in the fulfillment of this Agreement on the
basis of race, color, religion, creed, sex, age, marital status, national origin, or actual
or perceived sexual orientation, gender identity or disability. The Contractor agrees
this requirement shall apply to the hiring and treatment of the Contractor's
employees and to all subcontracts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
ZONZTRTOR)
By
(JOINT VENTURE)
M
Title
City of Bozeman
(OWNE/R ,
A
By
(CITY MANAGER)
AF' ROVEd S TO F ORM ` .
"YCITY ATTORNEY)
(SEAL
(ATTE
(SEAL &)
(ATTEST)
01
SEAL &)
EST)
U -
4�
cAwpd0c-SVormsNagreefrm,mrg
Bond No. 190022895/105451580
M
A s i n gular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
) ' CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business).
Knife River - Belgrade Liberty Mutual Insurance Company
P•O. Box 9 450 Plymouth Road, Suite 400
Belgrade, MT 59714
OWN'. (Name and Address)-. Plymouth Meeting, PA 19462
City of Bozeman AND
CONTRACT Travelers Casualty and Surety Company of America
One
Date: 31 &IND Har Tower Square - 2SHS
Hartford, CT 06183
Amount: $385,447.60
Description (Name and Location) City of Bozeman 2010 Street Improvements
' BOND
BondNumber 1900228951105451580
Date (Not earlier than Contract Date): 3U�L,+ S I 0 D
Amount: $385,447.60
Modificatioris to this Bond Fora.- See Attached "Rider Amending EJCDC 0-61.5 Payment Bond"
0
R) Surety and Contractor, intending to be legally borunq
htAwbyf Ai)bject to the terms printed on the reverse side hereof, do each cause this
Payment Bond to be duly executed on its agent, Or representative.
CONTRACTOR iver - B
AS P CIPAL S��Ty
Company: P C'P L
Company: K eig, e Z
�UbEZy Mutual Insurance Company &
Traders Casualty and Surety Company of America (Sea])
Signature:,,,., Trav
T,
Surtv s Name and Co_ orate Seal
Name anS i e:
V
_ ry R. von
y ;
Signature and Title Wtcole - ea — mble 44torney-in Fact
(Attach Power of Attorney) 71"
Attest.
Signaturo Title Witness'
SURETY
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest.
Signature and Title:
(Seal)
W
@1 No, 0-615 (2002 Edition)
Originally prepared through the joint efforts of the Surety' Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, The American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
m
I Contractor and S urely , j and severally, bind themselves, their heirs,
executors, administrators, successors, an d as si gn s to C)wner to P;!y for labor,
materials, and cquipmtni tumiqhcd by Claimants for Use in the performance Of
the C - riv
,act, w hic h i i hcrtin, by reference
2 With respect t OvA this obligation shall be null and void if Contractor'
Promptly M akes payment, directly Or indirectly, for all sums due
Claimants, and
Dcfends, indemnifies, and holds har mless owner from all claims
demands, hens, o r suits alleging non - payment by Contractor by any
person or entity who furnished ) R b Df, ma t er ials, or equipment for use in
the lier o f th Contract, provided Owner has promptly notified
Contractor and Surety (at the addresses described in Paragraph 12) of
any claims, derniands, liens, o suits and tendered defense of such
cl demands, liens, or suits to Contactor and Surety, and prcvldcd
th i n o owner Default.
3 With remer Contactor
't to Cl this obligation shall be null and void if Con r t 0
PTOMPUY makes payment, directly or indirectly, for all SUMS due.
Sur ety shri?) have no obligation 10 Claimants under this Bond until
ChiTmanes -bo a re Orriployed by or have a direct contract with
Contractor have given not t S ure t y (at The addresses dCSCnb0d In
Paragraph 12) and sent R copy Or notice thereof, to owner, slating that
a claim is being made under This Bond arid, with substantial accuracy,
t h e amoun of int clairn
H ave f vmlleft notice to Contractor and sent a copy, Of
notice: t t owner, within 90 days alter having last performed
labor or last furnished materials or equipment includt[I in the claim
s tating, with substantial accuracy, the arriciont of the claim and the
name of the parry to whom the materials or equipment were
furnisb� or supplied, 07 for whom the labor was done or
performcd and
2 Have tither received a rejection in whole Or n' hart from Contractor,
of no t r eceived within 30 days of funlishnIg to° above notice any
communication F rom Contractor by which Contractor had indicated
th claim will be paid directly or indirectly; and
3. Not having betirl Paid within the above 30 days, have sent a written
no to Surety and sent z copy, or n ' otice thereof, to owner, stalin
that a claim is being Traide Under this Bond and enclosing 2 COPY Of
the previous written notice furnished to Contractor,
5. if a notice by 2 Claimant required by Pnra& A is Provided
Catirrartor of to Surety, that is suffIcitn' compliance.
b, When a Claimant h sat i s fi e d th con d i tions of Paragraph 4, tbt Surety shall
promptly and a t Surety's expense take the following actions:
Send an answer to that Claimant, with 2 co py to owner, within 45 days
after receipt of the claim slating the amounts that are undisputed and
the basis for challenging any 2MDUntS that are disputed
pay or arrange for payment o f any un disputed amounts,
`l. Surety's t obligation shall n ot exceed the amount of this Bond, and the
arriount of this Bond shall be credited f an y payments made in good faith by
Sulky. . I
8 Amounts owed by Owner to COWTACM Under the Contract shall be used for
the performance Of the C(irlmct and to satisfy claims, if any, Loder any
performance, bond By Contractor fUTTnSh1ng and Owner accepting this Bond,
they agree that all funds earned by Contractor in the limformanrc of the Contract
are dedica to satisfy obligations o on
bi Contractor and Surety under this Bond,
su
b) Oc t to Owner's priori to use be funds for the corm I etion of the Work.
9 Surety shall not be liable to owner, Claimants, or others for Obligations of
Connetor that art unrelated to the Contract Owner shall not be liable for
payrricrit of any cats Or t:XpEnStS of any Claimant under this Bond, and shall
have under this Bond no obligations to Make PZYmcnts to, give notices On behalf
Of, Or otherwise have obligations to Claimants under this Bond
10 Surety hereby waives notice of any change, including changes of time, to the
Contract Or to related Subcontracts, Purchase orders and Other Obligations.
I I N suit or action shall be commenced by a Clairriant under this Bond other
than in a court of compet"i jurisdiction in the location in which TbE Work Or
part of the Work is Imaird or after the expiration Of One year from the date (1)
on which the Claimant gave the notice required by Paragraph 4 1 or Paragraph
4.2 3, or (2) on which the last labor or serv was performed by anyone Or the
Iasi materials Or equipment were furnished by anyone under the Co
Contract, whichever of (1) or (2) first occurs. if ilia provisions of this paragraph
are void Or prohibited by law, the minimum ptnod of limitation available to
"Tcdes as a defense in the jurisdiction of the suit shall be applicable
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to The
addresses shown on the signature page. AcLun) receipt of notice by Surety,
O-,x,enr or ContriactriT, however accomplished, shall be sufficient cotripli:rTiGe is
of the date received at the address shown on the signature page
13 When this Bond has letcri; furnished to comply with a statutory requirement
in the location where the Contract was to be performed, any provision in this
Bond conflicting with said statutory reqiiiTCMtDf shall be cletmecl deleted
btreftorn and provisions conforming to such statutory rrquircm--rit shall be
deemed incorporated herein The intent is that this Bond shall be construed as a
statutory Bond and not as a common law bond
14 Upon TCqUML Of any Person Of entity appearing to be a potential becitficiary
of this Bond, Contractor shall POr,-JPIIY furnish 2 COPY of this Bond or shall
permit a copy to be made
Claimant: An individual or entity having a direct contract with
Contractor, or with a first-tier subcontractor of Contractor, to furnish
labor, materials, or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without limitation
in the terms 'labor, materials or equipment' that part of water, gas,
power, light, beat, oil, gasoline, telephone service, or rental equipment
ning services required for
used ill the Contract, architectural and engir)cc,
performance of the Work of Contractor and COTIrra
Subcontractors, and all other items for )Which a mOchanic's licit may be
asserted in the jurisdiction where The labor, materials, or equipment
went furnished.
Contract' The agreement between Own= and Contractor identified on
the signature page, including 'all Contract Dozurmrits and changes
thereto.
Owner Default, Failure of Owner, which has neither been remedied nor
waived, to pay Contractor as required by the Contract of to peTfurm and
conV ict e , or comply with the otbtr terms thereof
This rider is to be attached to and form apart of surety bond number dated the
_____ day of issued by Liberty Insurance Company & Travelers Casualty and
Surety Company oƒ America, ms surety (the ^Surety^)on behalf of KnifeFliver - Belgrude.asprinnipa|
(the "Principal"), in favor of City of Bozeman, as obligee (the "Obligee").
WHEREAS, the Principal has by written agreement dated the day of _,20_,entered
into acontract (the ^Contract") with the Obligee for: City of Bozeman 2010 Street Improvements
WHEREAS, upon the request of the Principal and the Obligee, the attached bond is hereby amended mo
Paragraph 4ka amended to insert sub-paragraph 4.3. which states:
43 Claimants have furnished hoSurety proof of claim duly sworn toLw Claimants with adequate
supporting documentation proving the amount claimed ia due and payable,
Paragraph 5 shall be amended to delete the word "or' and insert the word ^mnd'in its place.
Paragraph O and its sub-paragraphs B.1 and 6.2 shall be deleted in their entirety and replaced with the
following:
When the Claimant has uaUmfiedthe conditions of Paragraph 4. the Surety shall, within 0D days ofthe
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 |eoh 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, hovmaver, 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
Claimants sole remedy shall be the immediate right, without further notice, to bring suit against the
Surety ho enforce any remedy available toit under this Bond.
Paragraph 12shall 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 48O Plymouth Meeting, PA 19482 and for the Travelers Casualty and Surety
Company of America must be sent 0o the following address: One Tower Square —2SHS Hartfond.CT
O61U3, both marked hu 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 nf its terms, conditions
modified.
. ^ '
|N WITNESS WHEREOF, said Principal, Surety Obligee, h d�l bned ~ �
and sealed this day of____,____
Kni fe Rix B By: �
Principal
��.. .
Liberty Mutual Insurance Com ny By:
ia�r _--
��+
Travelers Casualty and Surety Comparly America
In
Citv of Bozeman
bligee
Bond No. 1900228951105451580
PERFORMANCE BOND
A singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable,
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):
Knife River - Belgrade
P�0. Box 9 Liberty Mutual Insurance Company
91 450 Plymouth Road, Suite 400
me OM B de T
Y 1 Plymouth Meeting, PA 19462
- City of Bozeman
AND
Travelers Casualty and Surety Company of America
CONTRACT One Tower Square - 2SHS
Date: 731>-4 !R, Q C) I c) Hartford, CT 06183
Amount: $385,447.60
Description (Name and Location) City of Bozeman 2010 Street Improvements
BOND
Bond Number: 1190022895/105451580
Date (Not earlier dean Contract Date): - 3 - _L'AA� C)
Amount: $385,447,60
Modifications to this Bond FO= None
a Surety and Contractor, intending to be legally bounq4ettbY,1%wAject to the terrns printed on the reverse side hereof, do each cause this
Performance Bond to be duly executed an its be*!��y(as'Qtho;j�eA officer, agent, or representative
IP" '
CONTRACTOR AS PRINCIPAL �UkETY
CoTr1PaY:Kn rver - Belgra
Litierty Mutual insurance Company &
Signature: TEcAl)• Travelers Casualty and Surety Company of America (Sea])
Name and Ti 'T Name and Co z ate Seal
V t' . . . . . . ....... . .
Signature and Tit Nicol a lb�, , Aftorndy in-Fact
Ps (Attach Power
A company:
Signature:
Name and Title:
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
(Seal)
Attest:
Signature and Title:
EJCDC No. 0-610 (.2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, and the American Institute Of Architect
O N
on 00,610-1
I , C on t ractor an d Surety, jointly and sevcra0y, bind themselves, trttrr heirs,
execu a d m i ns n- a rors, siccessors, and assigns to Owrier for the perfarm of the
C on t ract , which is incorporated herein by reference
2. If Contractor performs The Contract, Surety and Contractor have no obligation
under this Bond, except to participate in curdiermccs as provided in Paragraph 3.1.
1 If there is no OwT)PT Default, Suretys obligation under this Bond shall arise after.
3,1 Owner has Tir)Tifwd Contractor and Surety, at the addresses described in
Paragraph 10 below, that Owner is ronsidenng declaring a Contractor
J)Lfaulz, and has requested and tutempied to arrange: a conference with
Contractor and Surety to be held not later Than 15 days after receipt of
suc no tice to discuss methods of performing The Contract IF Owner,
C ontractor an d S ure t y agree, Contractor &Fail be allowed a reasonable
time t perform the Contract, but sucob an agreement shall not waive
Owmes right, if tiny, subsequently io declare a Contractor Default, and
3.2. owner has declared a Contractor Default and formally terminated
CorimiCtol'S right TO COMPIETe The Contract Such Contractor Default shall
not be declared cariier than 20 clays after Contractor and Surety have
received notice as provided in Paragraph 11, and
? . 3 owner has agreed to pay the Balance of the Contract Price 1 0
I S in accordance with the terms of the Contract; and
2 Anolbei, contractor selticted pursuant to Paragraph 4. to perform The
Contract,
4 Wnen Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and
at Surety expense take uric o rthe following actions'
4,1 Arrange for Contractor, with consent of Owner, to perform and comipbeLe
The Contract; Or
4.2. Undextalce to perform and wmpleit the Contract itself, through its agents
or through independent contractors; Or
4 3 obtain bids or negotiated proposals from qualified contractors acceptable
to Owner for a contract for pctforman= and completion Ofibe Contract,
arrange for a contract to be prepared for execution by Owner and
Contractor selected with Ownces concurrence, to be secured with
performance and p bonds executed by a qualified surety equivalent
to the bonds issued on the Curraw& and pay to Owner the amount of
damages as described in Paragraph 6 in excess of the Ealaret of the
Contract Price inewed by Owner resulting from Contractor Default; or
44 W a)yt Its right to p,_Tf()— and CornpIttr-, arrange For CDTaPiCoQn, or obtain
a new contractor and with reasonable promptness under the circurnstirices:
I, After investiZzoon, determine the amount for which it may be liable to
Owner an d, as soon as practicable after the amount is determined,
tender payment therefor to Owner; Or
2. Deny liability in whole Or in part and notify Owner erring reasons
Therefor
5 If Surety does no t p as provided in Paragraph 4 with reasonable promptness,
Surety shall be deemed to be in default on this Bond 15 days after receipt of an
additional written notice from Owner to Surety demanding that Surety perform its
obligations under this Borid, and Owner shall be entitled to enforce any remedy
available to Owner. If Surety proceeds as provided in Pamgnph 44, and Owner
refuses the payment tendered or Surety has denied liability, in whole or in part,
without further notice Owner shall be entitled to enforce any remedy available to
Owner
t After Owner has terminated Connectors right 10 complete the Contract, and , f
Surety elects to act under Paragraph 4 1, 4 2, or 4 3 above, then the or
Sulery to Owner shall not be, greater than those of Contractor under the COJ�Qi, and
the resporus of Owner to Surer; shall not be greater than there Of Owner Under
the Contract To A limit of the amount of this Bond, but subject to commitment b
Owner ofthL Balance of The Contract Price to mitigation Of costs and damages on the
Contract, Surety is obligated without duplication for
61 The responsibilities of Contractor rot corrt.ciiotr of defective Work and
completion of the ConTract,
6.2 Additional legal, design professional, and delay costs resulting from
Contractor's Default, and resulting from the actions or failure To act of
Surety under Paragraph 4, and
6.3 Liquidated damages, Cr if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance Or Dun,
PeTfOUTITInot of Contractor
7 Surety shall not be liable to Owner or others for obligations of Contractor That are
imirizted to the Contra" and The Balance of the Contract Pri shall not be reduced or
set off on account of any such umc)attd obligations. No right of action shalt accrue on
this Bond to any person or entity tithe; than Owner or its heirs, executors,
administrators, or Successors
8 Surety hereby waives notice of any rhangii, including changes of time, to Contract
or to related subcontracts, purchase OAM, and Other ON igatimu
9. Any proceeding, legal or errultablit, under This Bond may be instituted in any court
of competent jurisdiction in The location in which the Work or part of the Work is
located and shall be instituted within two years after Contractor Default or within two
years after Contractor ceased working or within two years after Surety refuses or fasts
s
to PeTfDTM its obligations under this Bond, wbiChCVCT occurs first Ifzhe provisions of
this paragraph are void or prohibited by law, alit rninimum, ptnod of limitation
RVZTIab1C 10 sureties 2S a defense in they.irisdicLion of the suit shiiri be applicable
10. Notice to Surety, owner, or Contractor shall be mailed or delivered to the address
shown on the signature page
11 When this. Bond has been fumishtd to comply with a statutory requirement in the
focaricrr where the Contract was to be performed, any provision in this Bond
wirflicring with said statutory requirement shall be deemed deleted liprefiom and
provisions conforming to such statutory requirement shall be deemed mccroorated
herein. The intent is that this Bond shall be construed as a statutory bond and not as a,
common law bond.
12. Definitions
12.1 Balance of the Contract Price The total amount payable by Owner to
Contractor under the Contract after all proper adjustments, have been
made, including al)owanct to Contractor of any amounts rccei or to be
received by Owner in settlement of insurance or other Claims for damages
to which Contractor is entitled, reduced by 211 valid and proper payments
made 10 Or on bebalfof Contractor under the Contract
12.2. Contract: The agreement between Owner and Contractor identified on the
signature page, including all Contract Documents and changes thereto
Contractor, been
123 Contractor Default: Failure of which has neither
remedied nor waived, to perform or otherwise to comply with the terms of
the Contract.
124. Owner Default: Failure of Owner, which has neither been rmiaedied nor
waived, to pay Contractor as required by the Contact at to perform and
complete or comply with the viper terms thereof
ej
FOR INFORMATION ONLY — Mime, Address and Telepboric
Surety Agency Or Broker Willis of Minnesota, Inc,, 1600 Utica Ave. South, Suite 600, Minneapolis, MN 55416 (763) 302-7214
owner's Representative (engineer or other pal --
00610-2
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S U req A
State of _ MINN ESOTA
} ss.
County of Hennepin _.
On this day of —___ . 20___ before me personally came Nic T amble, to me
known, who being by me duly sworn, did depose and say that she/he is the Attorney -in -Fact of
Liberty—Mu In Company & Travelers- and Suretyy Co_ mi) America_ described in
and which executed the above instrument, that she/he knows the seal of said corporation, that the seal
affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors
of said corporation, and that she /he signed her/she/his name to it by like order.
Notary Public
JILL N. SWANSON
NOTARY PUBLIC-MINNESOTA
MY *n E* . S1, 2015
2726669
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
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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, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN,
JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAEDEKE, DENISE WISHCOP, TERESA HAMMERS,
NICOLE TAMBLE, ALL OF THE CITY OF MINNEAPOLIS, STATE OF MINNESOTA............... .......... .............. — ..............
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other sure obligations in the penal sum not exceeding
FIFTY MILLION AND .()0 *****
DOLLARS - , (
execution of such undertakings, bonds, recognizances and other surety obligations, in pursu ance of the presents, shalt be -) each, and the
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
as binding as if signed by the president and attested by the secretary.
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
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,
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 6th day of January
.... ...... 12Q.1 a , - � . -
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
By J�
Garnet W. Elliott, Assistant Secretary
On this 6th day of January , 201 , before me, a Notary Public, personally came Garnet W. Elli ott , 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
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation,
IN TESTIMONY WHFT,�E
e,pt, J , h.4
,_, 4 unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
V
first above wri
NO . Ir -J
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Ew, po,:�% h 2,� a 13 BY
Ter6sa Pastella, Notary Public
CERTIF
ICATE
1, the undersigned, Assistant' 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 authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article
X111, 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.
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IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of
By r
David M. Carey, Assigtknt Secretary
OF
BORDJ R
014h, POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St.. Paul Fire and Marine Insurance Company Ignited States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 22 0256 Certificate Pao. 0
KNOW ALL MEN BY THESE PRESENTS- 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, Travcicrs Casualty and Surety Crnnpany, and
Travelers Casualty and Surety Company of America are corporations duly organized tinder the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc„ is a corporation duly organized tinder 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, Nina B. Werstein, Jennifer Miller, Brian D. Carpenter, Barbara L. Raedeke,
Denise Wishcop, Nicole Tamble, and Teresa Hammers
of the City of — ___ - -^ State of their true and lawful Attorneyts) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizance, 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 be signed, and their corporate seals to he hereto affixed, this
day of July , 2008 _.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
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
fl� ' ti n ` GtCtYiPYJi�htED a1 °P ,,�,� nyopgr £ °,R,
State of Connecticut
City of Hartford ss.
13y:
Georg [ "hornpsou, o or 'ice President
On this the 25th day of July — , 2008 , 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., 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.
r'. Te
In Witness Whereof, I hereunto set my hand and official seal, My Commission expires the 30th day of June, 2011.
Marie C Tareault. Notary Public
59440 - 4 - 09 Printed in U.S.A.
WARNING: THIS POWER OF ATT ORNEY IS INVALID WITHOUT THE
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
(See Montana Public Works Standard Specifications 5 1h Edition)
SECTION 00810
SUPPLEMENTARY CONDITIONS TO THE GENER-AL CONDITIONS
These Supplementary Conditions to the General Conditions amend or supplement the Standard
I - -
General Conditions of the Construction Contract (No, C- ? 00 Edition) and other provisi ons
of the Contract Documents as indicated below. All provisions that are not so arricrided or
supplemented remain in full force and effect.
SC - 2.01 DELIVERY OF BONDS
D Add the following to Paragraph: 2.01,A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract
Documents bound therewith. Contractor shall execute the Agreement, attach executed
111
copies of the required Bonds and Power of Attorney and Certificate of Insurance and
submit all copies to Engineer who will forward them to the Owner. Owner shall execute
all copies and return two copies to the Contractor. Owner shall also furnish a counterpart
or conformed copy to the Engineer and shall retain three copies.
SC — 2.03 NOTICE TO PROCEED
Delete the first sentence of Para Conditions and insert the following
in its place- graph 2.03.A of the General Con t�
Following the execution of the Agreement by the Owner and the Contractor, written
Notice to Proceed with the Work shall be given by the Owner to the Contractor. The
Contract Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.0 BEEF ORE ,';TART1NG CONSTRUCTION
IS Add a new paragraph immediately after paragraph 2.05,A.3 of the General Conditions which is
to read as follows:
2.05,A.4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, owned or rented by the Contractor and all Subcontractors that will be used in the
performance of the Work. The equipment list will include information necessary to
confirm the hourly rates per Paragraph I 1 .0 1 A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and vear of manufacture as well as
the horse power, capacity or weight, and accessories.
HE
Section 00910
SI-TPPLEIMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page I 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 paNTnent all schedules and documents identified in
paragraph 2,05,A shall be finalized and acceptable to the Engineer and Owner, No
progress payment shall be made to Contractor until acceptable schedules are submitted to
Engineer and Owner as provided below. Acceptance of these schedules and documents
by either Engineer or Owner will neither impose on Engineer or Owner responsibility for
the sequencing, scheduling or progress of the Work and will not interfere with or relieve
Contractor from Contractor's full responsibility therefore.
Add the following after Paragraph 2.0.A,3:
Contractor's Schedule of Equipment will be acceptable to Engineer as to form and
substance if it provides the necessary information to reference the equipment and
establish the hourly rates in accordance with paragraph I 1.01.A.5x.
SC - 4.01 AVAILABILITY OF LANDS
Add to Paragraph 4.01.0 of the General Conditions the following:
If it is necessary or desirable that the Contractor use land outside of the Owner's
casement or right-of-way. the Contractor shall obtain consent from the property owner
and tenant of the land. The Contractor shall not enter for materials delivery or occupy for
any other purpose with men, tools, equipment, construction materials, or with materials
excavated from the site, any private property outside the designated construction
easement boundaries or night-of-way without written permission from the property owner
and tenant.
SC - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS
Delete the first sentence of 4.02.A and replace with the following:
A. Reports and Drawings: The Special Provisions identify.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 2 of 12
I
F 7 111 11
ISBN,
I
SC — 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS
Add the following to the end of Paragraphs 4.03.A.
Contractor to notif Owner and Em-nneer in venting about differing subsurface or
90 physical conditions within 1 - days of discovery and before disturbing the subsurface as
9M staled abo�
7M No claim for an adjustment in the contract price or contract times (or Mil cston es) \vill be
In valid for differing subsurface or physical conditions if procedures of this paragraph 4.03
are not followed.
0 SC - 4.04 - UNDERGROUND FACILITIES
Add the following new paragraph immediately after Paragraph 4.04.A.2
3. At least 2 but not more than 10 business days before beginning any excavation,
the Contractor shall according to MCA 69-4-501, notify all owners of
underground facilities and coordinate the Work with the owners of such
underground facilities. The infon shown or indicated in the Contract
Documents with respect to existing underground facilities is based on information
and data obtained from the owners of the facilities without field exploration, and
as such, Owner and Engineer are not - responsible for the accuracy or cornpleteness
of such information or data,
0D SC - 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE
Change the first sentence of paragraph A to read as follows:
A. Reports and Drawings: Reference is made to the Special Provisions for the
identification
SC- 5.02 LICENSED SURETIES AND INSURERS
Add the following to the end of Paragraph 5.02,A
Without lim any of the other obligations liab limiting gations 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 Railrig
La of A -, ''I, 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
SUTIPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 3 of 12
insurance has been obtained and certificates of insurance, with binders, or certified
copies of the insurance policy shall have been filed with the Owner and the ErIginecr.
All insurance coverages shall remain in effect throughout the life Of the .Agreement,
except that the Contractor shall maintain the Commercial General Liabilit" Polic%
including product and completed operations coverage for a period nod of at least one year
following the substantial completion date for property damage resulting from
occurrences during the agreement period.
SC — 5.04 CONTRACTOR'S LIABTLITYINSURANCE
Add the following new paragraphs immediately after Paragraph 5.04,13:
C. The limits of liability for the insurance required by Paragraph 5,04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations:
1. 'Alorkers' Compensation, etc. under Paragraphs 5,04.1 and 5.04.2 of the General
Conditions,
a,. State Statutory
b. Applicable Federal (e.g. Longshoremans) Statutory
C. Employer's Liability S 500,000.00
2. Contractor's Liability Insurance under Paragraphs 5,04.A.3 through 5.04. A.6 of
the General Conditions which shall also include completed operations and product
liability coverage.
a. GE.N AGGREGATE S 3.000.000.00
b. Products-Completed
Operations Aggregate $ 3,000.000.00
C. Personal and Advertising
d. Each Occurrence
(Bodily Injury and
Property Damage)
el Coverage will include:
1. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4, Personal Injury
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 4 of 12
S L000.000.00
Ali
b. Combined Single Limit S 1,000M0 -00
Coverage to Include
h All Owned
— Hired
3. Non-Owned
'R,
4. Contractor's Liability Insurance under 5.04.A.3 through 5 ,04.A.6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than 51,000,000.00,
Deductible not to exceed 55,000.00 per occurrence on property damage.
5. Add a ne paragraph at the end of Paragraph 5.04.B. I of the General Conditions
as follows:
The Contractor's insurance coverage shall name the Owner, and Engineer and
Engineer's Consultants as an additional insured under Commercial General
Liability. Automobile Liability, Excess or Umbrella polices.
6. The Contractual Liabilitv coverage required by Paragraph 5.04.13.4, of the
General Conditions shall provide coverage for not less than the following
amounts:
Each Occurrence S 1.000.000M
Aggregate S 3
MM
Section 00810
SUPPLEMENTARY CO'NDITIONS TO THE GENERAL CONDITIONS
Page 5 of 12
'R,
SC- 5.04.8.5 CANCELATION NOTICE
-Amend paragraph 5.043.5 of the General Conditions bN stn'kina out the words 30
days" and replacing them with the .xords "45 days" and as so amended paragraph
5,04.B. f remains in effect.
SC - 5.06 PROPERTY INSURANCE
Delete Article 5,06.A of the General Conditions in its entirety and insert the follovNing, in its
place:
A. Contractor shall purchase and maintain property insurance upon the work at the
site in the amount of the full replacement cost thereof (subject to such deductible
amounts as may be provided in these Supplementary Conditions or required by
Laws and Reg ulat i ons). ulat*ons This insurance shall.
1. Include the interests of Owner, Contractor, Subcontractors, Sub-
Subcontractors, Engineer,, Engineer's Consultants. and any other
persons or entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall be listed
as an insured Or additional 1
2. be written on a Builder's Risk "all risk" or open peril or special
c auses of loss policy form that shall at least include insurance for
Physical loss and damage to the Work, temporary buildings, false
work and materials and equipment in transit and shall insure against
at least the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned by
enforcement of Laws and Regulations, -water damage (other than
caused by floods), and other perils or causes of loss as may be
specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges of
zz�
engineers and architects),
4. cover materials and equipment in transit for incorporation in the
Work or stored at the site or at another location prior to being
incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment
recommended by Engineer; and
5. be endorsed to allow occupancy and partial utilization of the Work
by Owner;
S ection 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 6 of 12
021 (1
FIBER,
Ho
19
6. include testing and start-up; and
be maintained in effect until final payment is made unless otherwise
a--Tecd to in writing by Owner. Contractor, and EnLineer with thirty
days written notice to each other additional insured to whom a
certificate of insurance has been issued,
B, Contractor shall be responsible for any deductible or self-insured retention.
C. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this paragraph SC5.06 shall comply; - %xith the requirements of
paragraph 5.06.0 of the General Conditions.
D. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this paragraph 5,06,A shall comply with the requirements of
GC - 5.06-C. The qualifications of the insurance company shall comply with the
requirements of SC- 5,01A.
SC-6.02 WORKING HOURS
Add the following to Paragraph 6.0-
Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work- may be
done without prior permission.
SC-6.04 PROGRESS SCHEDULE
Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with th
following:
L1. 1. Contractor shall submit to Engineer with each application for payment an updated
progress schedule reflecting the amount of work completed and adjustments to future
LM work. Such adjustments will be acceptable to Engineer as providing an orderly
Le progression of the Work to completion within any specified milestones and the Contract
Time. No progress i),avincrit will be made to Conti until the updated schedules are
submitted to and acceptable to Engineer and Owner. Review and acceptance of progress
Z=
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 Conti full responsibility therefore.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 7 of 12
NA
SC- 6.13 SAFETY AND PROTECTION
Add new paragraphs to the end of paragraph 6.13.1) of the General Conditions as follows:
E It is expressly understood by the parties to this Acyreetrictit that the Contractor is
solely responsible for initiating, maintaining, and supervising safety precautions
and programs in connection with the Work, The right of the Owner and Engineer
to observe or otherwise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and WC)Tk
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,
preca
F. The Contractor shall be responsible for and shall take necessary and
provide all material and equipment to protect, shore, brace, support and maintain
,round pipes, conduits, drains, sewers, water mains, -as maii-is, cables,
all underground -1
etc., and other underground construction uncovered in the proximity, or otherwise
affected by the construction work performed by him. All pavement, surfacing,
driveways. curbs, walks, buildings, rass areas, trees, utility poles or guy wires
g S, guy
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer. and effected
property owner at the Contractor's expense, The Contractor shall also be
responsi ble for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property car facility,
regardless of location or character, which may be caused by moving, haulim or
otherwise transporting equipment, materials, or men to and from the work or any
part of site thereof whether by him or his subcontractors. The Contractor shall
make satisfactory and acceptable arrangements with owner of, or the agency or
authority having jurisdiction over, the damaged property or facility concerning its
repair or replacement or payment of costs incurred in connection with said
up
damage.
as
G. The Contractor shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to Cross,
ap
obstruct, or close roads, driveways, and walks, whether public or private, the
ap
Contractor shall obtain approval from the governing party and shall, at his own
expense, provide and maintain suitable and safe bridges, detours, and other
C,
ap
temporary expedients for the accommodation of public and private drives before
interfering with them. The provisions for temporary expedients will not be
required when the Contractor has obtained permission from the owner and tenant
of the private property, or from the authority having jurisdiction over public
property involved, to obstruct traffic at the designated point.
IN
0
SC- 6.20 IN DENINIF1 CATION
Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to
read as follows
While Owner and Envineer ma- have the rizht under this Contract to observe or
otherwise review the work. progress and operations of the Contractor, it is
expressly understood and agreed that such observation shall not relieve the
Contractor from anN of its covenants and obligations hereunder.
SC-9.03 PROJECT REPRESENTATIVE
Refer to the Special Provisions for identification of the responsibilities and authority and
limitations of the Engineer's Resident Project Representative (if any).
SC- 11.01 COST OF THE WORK
Delete paragraph 11.01 A.5.c of the General Conditions in its entirety and insert the following in
its pla=
I 1.01,A.5,c The cost for the use of all construction equipment and machinery and parts
thereof whether owned by the Contractor or rented from others. The cost shall be
calculated as follows and will include the costs of transportation, loading, unloading,
assembly, dismantling and removal thereof for equipment involved only in the changed
portion of the work covered under the cost of the Work method. Transportation, loading
and assembly costs will not be included for equipment already on the site which is being
used for other portions of the Work. The cost of any such equipment. machinery, or parts
shall cease when the use thereof is no longer necessary for the Work.. Hourlv equipment
and machinery rates shall be calculated from the Rental Rate Blue Book for Construction
Equipment, and the Equipment List submitted according to SC-2.05 and SC-2.07, and as
follows:
1. For working equipment, the hourly rate shall be the monthly rental rate
divided by 176 hours per month plus the hourly operating cost.
2. For equipment on standby, the hourly rate, shall be 50 1 /c) of the monthly
rental rate divided by 176 hours Per month, and the hourly operating cost
shall not be applied.
3 For specialized equipment rented for a short duration used for change
order work or additional work not part of the scope of work bid, the
equipment rental rates will be negotiated prior to the work being
performed.
Section 008 10
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 9 of 12
Delete paragraph 11,03.D.1 and '- of the General Conditions in its entirety and insert the
following in its place:
I. the quantity of a particular item of"Unit Price Work performed by Contractor differs by
more than 25% from the estimated quantity of such item indicated in the Aacement, and
2, the total cost of the particular individual item of Unit Price Work amounts to IM. or
more of the Contract Price which is the total sum of all schedules (if any), and
M
Sr_ 14.02.4 APPLICATIOvS FOR PAY MENTS
Add the following language at the end of paragraph 14.02.A.1 of the General Conditions:
Payments for materials in storage shall be based only upon the actual cost of the materials V==
and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, 6M
invoice or other document warranting clear title for materials in storage will be waived
for the material in storage included in the first progress payment application. However,
proof of payment and clear title must be submitted with Application No. 2 for all material
included in Application No. 1. Without such documentation amounts paid for materials in
storage will be deducted from subsequent payments. Beginning with the second
application, all requests for payment for materials in storage shall be accompanied by Bill
of Sale, invoice or other document warranting clear title as required above.
Add the following to Paragraph 14.02.A,3:
In accordance with state la the Owner may accept deposited securities in lieu of cash IM
retainage. Retainage may be used by the Owner to offset costs for any of the losses
enumerated in Paragraphs 14.02,B,5,a through 14.02.B.5.d inclusive, 14.02.D. La. through
14.02.D.I.d inclusive, or 15.02.0. In addition, retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and to
offset any liquidated damages due Owner.
Add a new paragraph after paragraph to 14.02,A.3 to read: im
4. Each application for progress payment shall be accompanied by Contractor's %mow
updated progress schedule, shop drawing schedule., procurement schedule, and
other data specified herein or reasonably required by Owner or Engineer. The
Owner reserves the night to require submission of monthly certified payrolls by the
Contractor. AM
Section 00810 in
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 10 of 12 in
am
I
MIJI
5 SC -- 14.02.0 PAYMENT BECOMES DUL
Delete Paragraph 14,02.C.1 of the General Conditions in its entirety and insert the following in
its place.
The Owner will, upon presentation to him of the Contractor's Application for
Payment with Engineer's recommendation, review and act upon said pavrnent
request once each month on or about the day of each month stipulated by the
Owner at the precoristruction conference. Pavrnent will become due when O�vncr
approves the application for pa and will be paid by Owner to Contractor
with in 30 days of the day of the month stipulated above at the preconstruction.
conference.
SC- 14.02.D.I.c
Amend the sentence of Paragraph 14.02.D. 1. c to read:
...entitling Owner to a set-off against the amount recommended, including liquidated
damages; or.,.
SC-14.03 CONTRA CTORS'YVARRANTY OF TITLE
Is Add the following at The end of Paragraph 14.03.A of the General Conditions:
Z�_
Neither recommendation of any progress payment by Engineer nor payment by the
Owner to Contractor, nor anv use or occupancy of the Work or any part thereof will
release the Contractor from complying with the Contract Documents. Specifically the
Contractor shall maintain in accordance with Article 5, property insurance on all Work,
materials, and equipment whether incorporated in the pro - ject or not and whether included
in an application for payment or not, for the full insurable value thereof Passing title to
Owner for materials and equipment included in an application for payment does not
relieve the Contractor of the Contractor's obligation to provide insurance (including
LI
property insurance) as required in Article 5 of the General Conditions and these
Supplerentary Conditions. All insurance shall remain in effect as provided in Article 5,
SC- 14.05 PARTIAL UTILIZATION
Add the following to Paragraph 14.05.A:
Owner has the right to take possession of or use any completed or substantiallv
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
S'LTPLEMENTARY CON MITIONS TO THE GENERAL CONDITIONS
Page I I of 12
0
use O-P
ariv facilities not specifically identified in the Contract Documents will be in
accordance with conditions agreed to prior to such use., and any extra costs cr delays in
completion incurred and properly claimed by Contractor will be equitably adi listed With a
Change Order, Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by O%vner prior to substantial completion of the
entire work will be done in accordance with General Conditions 14,04. Guarantee
peri ods for accepted or substantially completed work Including mechanical and electrical
equipment will commence upon the start of continuous use by Owner, All tests and
instruction of Owner's personnel must be satisfactorily completed, and Owner shall
assume responsibility for and operation of all facilities occupied or used except as may
arise through portions of work not vet completed by Contractor If the wor has bee
substantially completed and the Engineer certifies that full completion thereof is
materially delayed through no fault of the Contractor. the Owner shall, without
terminating the Agreement, make payment of the balance due for the portion of the work
fully completed and accepted,
SC- 14.06 FINAL INSPECTION
Add the following to Paragraph 14,06,A:
After Contractor has remedied all deficiencies to the satisfaction of the ErI�ineer and
delivered all construction records, maintenance and operating Instructions, schedules,
guarantees, bonds, certificates of inspection, and other documents (all as required b
Contract Documents), Owner and Contractor shall be promptly notified in writin n- by
Engineer that the work is acceptable.
SC -17.01 GIVING NOTICE go
Add the following to Paragraph 17.01.A:
The mailing address for giving notices to Contractor given in the Agreement is hereby
designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered, The mailing address for giving notices to Owner
given in the Agreement is herebv designated as the place to which all notices, letters, and
other communication to Owner shall be mailed or delivered, Either party may change his
Z:'
address at any time by an instrument in writing delivered to Engineer and to other party.
END OF SECTION
Section 00910
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS 61
Page 12 of 12 ffik
in
MONTANA
PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION 2010
B Schweitzer, Governor
State of Montana
Keith Kelly, Commissi
Department of Labor & Industry
To obtain copies of prevailing ' to public works ���
projects
payment
prevailing wage rates visit www.mtwagehourbopa.com or contact at:
Employment Relations Division
Montana Department of Labor and Industry
P. O. Box 201503
Helena, K8T5962Q-15O3
Phone 406-444-5600
TD[)4OG-444'554Q
The Labor Standards Bureau welcomes questions, comments and suggestions from the public, In addition, we'll
do our best bo provide information |nam accessible format, on request, in compliance with the Americans with
Disabilities Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 1�8-2-402 of the
Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed inthis
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, travel
allowance and per them applicable to the district in which the work is being performed, as provided in the attached wage
determinations,
Ali Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the
Labor Standards Bureau at(4O8)444-G600orTDD(406)444-5548.
|n addition, this publication provides general information oomoemingoomp|ianoevvithMumtena'oPrwvai||ngVVagmLovvemd
payment of prevailing wages. For detailed compliance information relating to public mmdm n� �m dpayment of
poevaHingwage noheup|eus000nsu1t�hmnegu|ahonmon�h�imterneda�vmmnmn)bm� h '
. . g� qumuopa.connoruontocttheLebor
Standards Bureau st(4Q8)444-5GQOorTQO(4QG)444-554S.
KEITH KELLY
Commissioner
Department cf Labor and Industry
State ofMontana
TABLE OF CONTENTS
MONTANA PREVAILING' WAGE REQUIREMENTS:
A. Date of Publication ....... ....................
B Definition of Highway Construction ...... ...... .......
C Definition of Public Works Projects .................. ......... ............
D Prevailing Wage Schedule ............. ......... .........................
E. Rates to Use for Projects ............ ... _ .......... .......................
F. Fringe Benefits ...... ........................... ....... __ ....... ......... _ ,,
G. Apprentices ... ................ .......... ...............................
H. Posting Notice of Prevailing Wages ......... ............ ..... _ ............
1. Employment Preference ........... ........ .......... __
WageRates . I I .... I I . ... I . ...... .... _ . ....... ...............................
A. Date of Publication — February 12, 2010
...... ..... ....... ................. 2
2
.................... 2
2
.................... ....... ...... 2
............ ....................... 3
3
.......... 3
3
............ ............................... 4-8
B. Definition of Highway Construction
The Administrative Rules of Montana (ARM) 24.17.501 (3) — (3)(a), Public Works Contracts For Construction Services
Subject to Prevailing Rates, states: "'Highway construction projects include, but are not limited to, the construction,
alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges
constructed or repaired in conjunction with highway work, and other similar projects not incidental to building
construction or heavy construction.
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 (overpasses or underpasses), guard rails on highways, highway= signs, highway bridges (overpasses,
underpasses, grade separation), medians, parking lots, parkways, resurfacing streets andhighwqvs, roadbeds, roadways,
runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses,
taxiways, and trails. "
Federal Davis-Bacon wage rates as published in U.S, Department of Labor General Wage Decision No. MT080001
Modification No.2 have been adopted by the Montana Department of Labor and Industry for use in Highway Construction
projects and are included in this publication. These rates apply statewide or as shown in MT080001 Modification No, 2.
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 lei by the stale, county, municipality, school district, or political subdivision or for nonconstruction services let
by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25, 000._
D. Prevailing Wage Schedule
This publication covers only Highway Construction occupations and rate-, 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 Nonconstruction Services occupations can be found on the intemet at
www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549,
E. Rates to Use for Projects
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.
2
F. Fringe Benefits
Section 18 -2 -412 of the Montana Code Annotated states:
"(1) To fulfill the obligation.. a contractor or subcontractor may
(a) pav the amount Uf'fringe benefits and the basic hourly rate ofpgv that is part of the standard prevailing rate cif wages
directly to the worker or employee in cash,.
(b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe beneft`t f tnd, plan, or program that
meets the requirements of the Employee Retirement Income .Security Act of 1974 or that is a bona fide program approved
by the U. S. department of labor; or
(c) make payments using any combination of methods set forth in subsections (1)(0) and (1)(h) so that the aggregate of
payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel
allowances, applicable to the district fir the particular tvpe of work, being pep formed.
(2) The fringe benefit fund, plan, or program described in subsection (1) (b) m its t provide benefits to it , orkers or employees'
. for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona ode programs
that meet the requirements of the Employee Retirement. Income Security Act of 1974 or that are approved by the U S.
department of labor. "
]~Tinge 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.
G. Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those
programs. However, apprentices not registered in approved federal or state apprenticeship programs will be paid the
prevailing wage rate when working on a public works contract.
H. Posting Notice of Prevailing Wages
Section 18 -2 -406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are
'peiforming work or providing construction services tinder public works contracts, as provided in this part, shall post in
a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the
entire duration of the project., a legible statement of all wages to be paid to the emplovees. '
1. 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.
MONTANA STATEWIDE PREVAILING
DAVIS-BACON
HIGHWAY CONSTRUCTION WAGE RATES
General Wage' eterminations Issued Under
the Davis-Bacon and Related Acts
State: Montana
Construction Types: Highway
Counties: Montana Statewide,
AREA 3: Blaine, Cascade, Chooteau. Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, K8nCome, Petroleum, Pondeoa.
Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland Counties
AREA 4: Brnadwahar. Lewis and Clark, and Meagher Counties
AREA 6: Flathead, Lahe, Lincoln, Mineral, Missoula, Ravm||i. and Sanders Counties
AREA 6: E\oUadn. Park. and Sweet Grass Counties
IRONWORKER
Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Counties
GROUP 1: Flag person
GROUP 2: All General Labor Work; Burning Bar; Bucket Man Carpenter Temder�Caisson Worker; Cement Mason
Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; CorbMechine+L D Crusher and
Batch Plant Worker; Fence Erector; Form Sefte/, 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; Signa|men; Tail Hnaeman; Too] Checker and
Houseman; Traffic Control Worker.
GROUP 3: Concrete Vibrator; Dumpman(Grademan); Equipment Hand��Gwutexti$a and Unem�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: AshpahRaker; CuttingTarch GradeGetter;High-Scaler Pmwe Saws (Faller &Concrete);Powdennan
($1 .00 per hour above Group 4 rate), Rock & Core Drill Track or Truck Mounted Wagon Drill; Welder including Air Arc.
R
Rates
FdmQms
$25.50
$14.36
Remaining Counties
Rates
Fringes
______________________________________
$23.15
$13.71
Rates
Fringes
LABORER
Group
$17,18
$8.75
Group
$19.97
$675
Group
$20.17
$6.75
Group
$21.07
$8.75
LABORERS CLASSIFICATION
GROUP 1: Flag person
GROUP 2: All General Labor Work; Burning Bar; Bucket Man Carpenter Temder�Caisson Worker; Cement Mason
Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; CorbMechine+L D Crusher and
Batch Plant Worker; Fence Erector; Form Sefte/, Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender;
Powderman Tender, Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign
Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signa|men; Tail Hnaeman; Too] Checker and
Houseman; Traffic Control Worker.
GROUP 3: Concrete Vibrator; Dumpman(Grademan); Equipment Hand��Gwutexti$a and Unem�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: AshpahRaker; CuttingTarch GradeGetter;High-Scaler Pmwe Saws (Faller &Concrete);Powdennan
($1 .00 per hour above Group 4 rate), Rock & Core Drill Track or Truck Mounted Wagon Drill; Welder including Air Arc.
R
Rates Fringes
PAINTER $24,00 $8.00
Pavement Marking/MiNingcnd related work. Includes operating marking and all other equipment and all work involved in
traffic marking including removal, surface preparation and application ofpmwamentmadhimgninc|udinQepoxias,painta.
tape, buttons, thermo- plastics and any other products applied for traffic marking purposes and for directing and regulating
traffic, and cutting Rumble Strips.
GROUP 1: A+FnamaTnuok Crane; Air Compressor; Auto Fine Greder� Belt Finishing Machine Boring Machine (small);
Cement Silo, Crane; Crusher DVV-10. 15. and 20 Tractor Roller; Farm Tractor; ForNKt Form-Grader; Front-End
Loader under 1 cu yd; Oiler, Heavy Duty Drills; Pumpman; Oiler (All, except Cranes and Shovels�-
GROUP %: Air Doctor; 8 to&ind3cuyd Bit Grinder; Bitunimous Paving Travel Plant Boring
Machine, large; Broom, Se|f-Pmope|Ued" Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Mao`ine;
Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber Tired, Push, and Side Boom� Drills,
Heavy D (all Bnader/Gnuda||; Field Equipment Serviceman; Front-End Loader 1ouydto 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 Pumperete/ Grout
Machine; Punch Truck; Rollers (All except Asphalt Finish and Breakdown); Ross Carrier� Rotomill under 6 t, Trenching
Machine; Washing/Screening Plant.
GROUP 3 Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine; larger
than 3 cu yd; t Cableway High||ne;Concrete Curing Machine; Cranes, 24tons &
under; Cranes, CnyCer; Cranes, Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver, Finish Dozer;
Menhanic8AVe|dec Pioneer Dozer; RotomiN8ft and over; Scraper, Single Engine; Scraper Twin nr Pulling Belly Dump; Yo
Yu Cat Front-End Loader over 5ouyd,
GROUP 4: Asphalt/Hot Plant Operator, Cranes, 25 tons to44 tons; Crusher Operator; Finish Motor Patrol; Finish
Scraper.
SPECIAL OPERATORS:
GROUP 5: Cranes, 4G tons bo and including 74tons
GROUP 6: Cranes, 75 tons to and including 149tons
GROUP 7: Cranes, 180 tons tm and including 26D tons Cranes over 250tons: add $1D8 for every 1DO tons over 25O
tons, Crane, Stiff-Leg or Derrick; Crane, Tower (all)� &ne, Whirley (all): Helicopter Hoist.
7
Rates
Fringes
POWER EQUIPMENT OPERATOR
Group
$21.62
$8.00
Group
$28.55
$8.00
Group
$24.41
$&-QQ
Group 4
$2510
$8,08
Group
$26.44
$8.00
Group
$27.13
$8.00
Group
$2923
*D.UO
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: A+FnamaTnuok Crane; Air Compressor; Auto Fine Greder� Belt Finishing Machine Boring Machine (small);
Cement Silo, Crane; Crusher DVV-10. 15. and 20 Tractor Roller; Farm Tractor; ForNKt Form-Grader; Front-End
Loader under 1 cu yd; Oiler, Heavy Duty Drills; Pumpman; Oiler (All, except Cranes and Shovels�-
GROUP %: Air Doctor; 8 to&ind3cuyd Bit Grinder; Bitunimous Paving Travel Plant Boring
Machine, large; Broom, Se|f-Pmope|Ued" Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Mao`ine;
Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber Tired, Push, and Side Boom� Drills,
Heavy D (all Bnader/Gnuda||; Field Equipment Serviceman; Front-End Loader 1ouydto 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 Pumperete/ Grout
Machine; Punch Truck; Rollers (All except Asphalt Finish and Breakdown); Ross Carrier� Rotomill under 6 t, Trenching
Machine; Washing/Screening Plant.
GROUP 3 Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine; larger
than 3 cu yd; t Cableway High||ne;Concrete Curing Machine; Cranes, 24tons &
under; Cranes, CnyCer; Cranes, Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver, Finish Dozer;
Menhanic8AVe|dec Pioneer Dozer; RotomiN8ft and over; Scraper, Single Engine; Scraper Twin nr Pulling Belly Dump; Yo
Yu Cat Front-End Loader over 5ouyd,
GROUP 4: Asphalt/Hot Plant Operator, Cranes, 25 tons to44 tons; Crusher Operator; Finish Motor Patrol; Finish
Scraper.
SPECIAL OPERATORS:
GROUP 5: Cranes, 4G tons bo and including 74tons
GROUP 6: Cranes, 75 tons to and including 149tons
GROUP 7: Cranes, 180 tons tm and including 26D tons Cranes over 250tons: add $1D8 for every 1DO tons over 25O
tons, Crane, Stiff-Leg or Derrick; Crane, Tower (all)� &ne, Whirley (all): Helicopter Hoist.
7
1 0 1 1 412 4
Group 1
Group 2
GROUP 1: Pilot Car
Rates Fringes
$18.54 $7.86
$23.69 $7.86
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 TruckMreperson; 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.
END OF GENERAL DECISION
SPECIAL PROVISIONS
The work to be performed under this contract involves furnishing all labor, materials,
equipment, supplies and services necessary for the construction of Sea[ Coat Improvements,
Cold Milling and Hot Mix Overlays, and Pavement Marking Replacement.
All work shall be performed in accordance with applicable sections of the Montana Public
Works Standard Specifications Fourth Edition (MPWSS), published 2003, and as further
modified by the City of Bozeman Modifications to MPWSS, dated March 2004, which is
hereby included as part of these specifications. All references to MPWSS sections, unless
otherwise noted, is a reference to said Montana Public Works Standard Specifications.
All correspondence and official authorization concerning the work shall be with the City
Engineer or his designated representatives as identified at the preconstruction meeting. Any
changes in the Work or schedule not authorized by the above shall be deemed as
unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages,
reparations, and costs thus incurred during the progress of such unauthorized work shall be
borne exclusively by the Contractor.
0 q Lei &T063 ZI 20
Seal Coat Improvements: This work consists of chip sealing the various streets within the City
of Bozeman as shown in Appendix B of this specification in accordance with the provisions of
these specifications.
Cold Milling and Hot Mix Overlay: This work consists of 2 , r cold milling and 2 hot mix
overlay of the existing bituminous pavement for those streets depicted in Appendix B of these
specifications. The cold milling and hot mix overlay of S. 11 th Avenue south of Main Street, as
shown on the plans, may be deleted from the project if this work cannot be completed prior to
a sea[ coat on S. 11 Avenue that is being done by the Montana Department of
Transportation.
Cold milling shall be done in accordance with Section 411, %Standard Specifications for Road
and Bridge Construction 1995 Edition, adopted by the Montana Department of
Transportation.
Pavement Marking Replacement: This work involves furnishing all labor, materials,
equipment, supplies and services necessary for the installation of hot inlaid thermoplastic
pavement markings as shown on the plans in Appendix B.
The award of the contract, if awarded, will be made within the period specified in the Invitation
1 SPECIAL PROVISIONS
to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the
requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the
address shown on the Bid, that his Bid has been accepted and that he has been awarded a
contract.
4. TIME OF COMMENCEMENT AND COMPLETION DATE
The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written
by the City Engineer to the Contractor. In establishing the date when Contract Time begins,
the Engineer will consider that the contract time begins following delivery of the NOTICE TO
PROCEED. A separate notice to proceed may be issued for each separate or combined bid
schedule. Where multiple schedules are awarded under a single contract, the contract times
shall run concurrently, unless the City agrees to issue separate notices to proceed. The
Contract Time will expire automatically the number of calendar days stated as Contract Time,
except as the Contract Time may be extended by change order. Due to funding
considerations, work may not begin earlier than July 1, 2010.
6 mp 11 97.'TJ 1:1 lip
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.
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.
2 SPECIAL PROVISIONS
8. APPROVAL OF EQUIPMENT AND MATERIALS
The Contractor shall furnish to the Owner or its Engineer for approval the name of the
manufacturer of machinery, mechanical and other equipment and materials which he
contemplates using in execution of the work, together with the performance capacities and
such other information which may be pertinent or required by the Owner,
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 a full-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.
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 1(7) calendar days of said
written notice. Should the Contractor fail to respond to the written notice within the designated
time, the Owner may correct the work at the expense of the Contractor.
11, SCHEDULING
Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City
Engineer the following schedules:
A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order,
timing, and progress in which the Contractor proposes to prosecute the work. This schedule
shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted
as necessary to reflect project changes.
B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment
that will become due the Contractor in accordance with the Construction Progress Schedule,
C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic
for the specific conditions involved with each construction schedule,
The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No
work shall be done outside of these hours unless specifically approved by the City Engineer,
Mendenhall Street shall not be closed to traffic after 5:00 pm on August 4, 2010, or anytime on
August 7, 2010.
SPECIAL PROVISIONS
12. PRECONSTRUCTION CONFERENCE
After the contract(s) have been awarded, but before the start of construction, a conference will
be held at the site of the project for the purpose of discussing requirements on such matters as
project supervision, on-site inspections, progress schedules and reports, payrolls, payment to
contractors, contract change orders, insurance, safety, and any other items pertinent to the
project. The Contractor shall arrange to have all supervisory personnel and a representative
from each of the affected utility companies connected with the project on hand to meet with a
representative of the Owner to discuss the project and any problems anticipated,
The Contractor shall prepare and submit fabrication drawings, design mix information, material
testing compliance data, and other data, in accordance with the General Conditions. Following
review, the Contractor shall resubmit copies of any drawings which required revision or
correction.
Any review by the Owner will not relieve the Contractor from responsibility for errors or
omissions, inadequate design performance requirements, schedule requirements, and proper
operation of any item required under the Contract. Notwithstanding any such review,
Contractor shall remain solely responsible for full and complete performance in accordance
with the terms, conditions, provisions, drawings and specifications set forth in the Contract
Documents.
14. UNDERGROUND UTILITIES
The Contractor shall be responsible for checking with the Owners of underground utilities such
as the City, County, power and telephone companies, etc. as to the location of their
underground installations in the project area. The Contractor shall be solely responsible for
any damage done to these installations due to failure to locate them or to properly protect
them when their location is known.
It shall be solely the responsibility of the Contractor to fully coordinate his work with the
agencies and to keep them informed of his construction activities So that these vital
installations are fully protected at all times.
A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate
requests for underground facility located information, The Contractor is responsible for
contacting the One-call system prior to any excavation.
15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY
The Contractor shall contain all of his construction operations within the easements and rights
of way unless written approval is secured from the owner of the adjoining property or written
approval is given by the Owner to utilize the adjacent land area.
4 SPECIAL PROVISIONS
16. TRAFFIC CONTROL
A. General, The Contractor shall at all times conduct his operations so that there is a
minimum interruption in the use of the City's streets affected by the work. Exact procedures in
this respect shall be established in advance of construction with the City Engineer.
Barricade function, design and construction shall conform to the latest edition of the Manual on
Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge
Construction of the State Highway Commission of Montana latest Edition.
Should construction of the project require the closure of any streets, roads or highways or
require night-time or long-term traffic control, the Contractor will be required to prepare a
detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic
under the specific conditions. In regards to closures, the plan shall include specific details on
traffic detours and estimated durations of the closures. Details of signing, barricades, flagging
and other traffic control devices shall be presented. The traffic control plan shall be approved
by the Owner prior to construction.
B. Traffic Access. Construction work shall be programmed by the Contractor so that
local traffic will have continuous access within one block of any given property. It shall be the
responsibility of the Contractor to notify all affected residents in the area of programmed work,
of street closures, parking requirements and restrictions, and any other conditions, a minimum
of twenty-four (24) hours prior to beginning work within the affected area, All signing,
barricades, and other traffic control measures shall be provided by the Contractor.
C. Warninq 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.
E. Reflective Traffic Vests. All workers working in public right-of-way shall at all times
wear reflective vests that at a minimum meet ANSI Class 11 requirements,
5 SPECIAL PROVISIONS
65111111111101!1 i� � i
111� Will
The Contractor is responsible for proper disposal of all waste soils and materials unless
otherwise directed herein. Where waste materials are disposed on private property not owned
by the Contractor, evidence of property owner's written permission shall be obtained and
provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and
regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all
refuse and discarded materials in an approved location.
The Contractor shall exercise every reasonable precaution throughout the life of the project to
prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as
chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be
discharged into or alongside of rivers, streams, impoundments or into natural or manmade
channels leading thereto. In addition, the Contractor shall conduct and schedule his
operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor
shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife
and Parks, Department of Health and Environmental Sciences and other State or Federal
regulations relating to the prevention or abatement of water pollution and siltation. The
Contractor's specific attention is directed to the Montana Water Pollution Control Act and the
Montana Stream Preservation Act.
The Contractor shall be responsible for obtaining any required discharge permits associated
with groundwater de-watering operations. Contractor's shall include all clean-up, restoration,
etc., of any detention or discharge areas.
All debris or waste materials shall be cleaned up by the end of the work day,
18. PROTECTION OF EXISTING PAVEMENT
All equipment shall be fitted with pads on the outriggers and other accessories as necessary to
prevent damage to existing pavement during the course of the project. Any damages to
pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the
Engineer.
19. MANHOLES, VALVE AND MONUMENT BOXES
All i manholes, valve and monument boxes shall be protected with heavy builders paper until
final coating and compaction has occurred. Contractor shall dig out and clean completely all
boxes and manholes which are not protected. All manholes and boxes which are at the edges
of the defined limits of construction shall be treated as if they are completely within the
construction area and the area immediately surrounding the raised and/or protected manholes
and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or
box.
It is imperative that manholes and valve boxes be accessible to the City for emergency
6 SPECIAL PROVISIONS
maintenance of its utilities. The Contractor shall schedule his work to provide timely access to
manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor
and not immediately re-exposed shall be subject to being uncovered by City crews without
notice in response to emergency maintenance needs. The Contractor shall be responsible for
reasonable restoration at no cost to the City,
20. OPERATION OF EXISTING VALVES
All existing City of Bozeman water main valves shall be operated by authorized personnel of
the City of Bozeman only. The Contractor shall not operate any existing valves without the
written consent of the City of Bozeman,
21. SALVAGEABLE ITEMS
Any items removed from the existing system under the terms of this contract shall remain the
property of the Owner and shall be delivered to a site of the Owner's choosing within the
property limits of said Owner. Should the Owner choose not to accept any salvageable items,
then the Contractor shall dispose of those items at his expense at a site or landfill acceptable
to the Engineer. Any costs for the above work shall be at the Contractor's expense.
Milled asphaltic pavement material shall be salvaged and shall be delivered by the Contractor
to the gravel section of Davis Lane, south of E. Valley Center Road, for use by the Gallatin
County Road Department.
22. ACCESS TO RECORDS
The Contractor shall allow access to any books, documents, Papers and records which are
directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly
authorized representatives for the purpose of making an audit, examination, excerpts or
transcriptions.
23. INSURANCE
Insurance coverages required under this contract shall extend, at a minimum, to the end of the
contract time.
24. SUPPLEMENTAL TECHNICAL SPECIFICATIONS
The proposed application rates for the seal coat improvements are 0.35 gal/SY (cold) for the
emulsified asphalt, and 26 lbs/SYforthe 318 aggregate. Adjustments of the application rates
may be required to achieve the desired coverage.
The cationic emulsified asphalt for Seal Coat Improvements shall be CRS-2P, in accordance
with the following table (Table 702-8, Montana Standard Specifications):
7 SPECIAL PROVISIONS
TABLE 702-8
LATEX OR POLYMER MODIFIED CRS-2 EMULSIFIED ASPHALT
PROPERTY TEST METHOD
LMCRS-2
CRS-2P
Viscosity at 122'F (50 OC), sec.
AASHTO T-59
75-400
50-400
Sieve, percent
AASHTO T- - 59
0.3 max.
— 6 - 3 — , ax
Settlement, 5 days, percent
AASHTO T-59
5 max.
i 5 max.
Demulsibility, percent
AASHTO T-59
1 40 min.
40 min.
Storage Stability Test, I day,
percent
AASHTO T-59
1 max,
1 max.
Particle Charge
AASHTO T-59
Positive
Positive
Ash Content, percent
AASHTO T -111
0,2 max,
0.2 max.
Tests on Residue by Evaporation:
Percent Residue
AASHTO T-59
65 min.
65 min.
Penetration, 100 g, 5 sec, at 77
'F (25 OC), dmm
AASHTO T-49
I
100-200 100-250
Ductility at 77 'F (25 - C), 5 cm
per minute, cm
tl AASHTO T-51
40 min.
75 min
Elastic Recovery, percent
– Torsional
AASHTO T-301
— 58 min
Recovery, percent
- MT-333
18 min,
The Street Department will sweep streets to be seal coated prior to the start of the project.
Additional cleaning or sweeping of the streets by the Contractor may be necessary
immediately before the beginning of seal coat operations as directed by the Engineer.
Following the completion of seal coat placement, Loose Gravel warning signs shall be
placed at the beginning and end of the work zones and remain in place until sweeping
operations are completed,
8 SPECIAL PROVISIONS
MEASUREMENT AND PAYMENT
The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to
the Contractor will be made based on the actual satisfactorily completed work quantities
measured in the field. Under the terms of this contract, the unit price as contained in this Bid
Form shall be applicable to quantity overruns.
The following measurement and payment sections do not necessarily name every incidental
item required by the Contract Documents to complete the work. Cost of all such incidental
items shall be included in the various related bid items.
No separate measurement and payment shall be made for traffic control
Item 101: Cationic Emulsified Asphalt, in Dlace.
This item shall be measured and paid for by the number of gallons at the contract unit price for
"CRS-2P Emulsified Asphalt" material used and accepted in the work, corrected to gallons at
60 degrees F. The unit price and payment shall constitute full compensation for all
demurrage, storage, handling and all other charges, tools, equipment, labor and performance
of all work necessary or incidental to the furnishing, delivery, unloading, heating, hauling and
spreading of the asphalt material specified.
Payments will be made only for the asphalt required and actually used in the work. The Owner
will accept no responsibility for any oil shipped in excess of requirements because of tank-
truck or tank-car capacities or for other reasons.
Item 102: Seal Coat Aggregate 3/8" Gradation in place,
This item shall be measured and paid for by the ton of 2,000 pounds for 318" seal coat
aggregate at the contract unit price bid. The unit price and payment shall constitute full
compensation for the furnishing, delivering, and placing of the material; compacting and rolling;
for covering excess asphaltic material; sweeping and cleanup as specified in the Contract
Documents; and for all labor, equipment, tools, traffic control, and incidentals necessary to
complete this item,
Item 103: Cold Milling of Existing Pavement 2„ nominal depth),
Cold Milling of existing pavement shall be measured and paid for by the square yard of
pavement removed to the specified nominal depth. Should the City Engineer direct, in writing,
removal to a depth greater than specified, the measured area involved will be increased by the
ratio of the ordered depth to the specified minimum depth. Such price and payment shall be
full compensation for cold milling, salvaging, hauling, handling and stockpiling, or disposal of
the milled materials, and incidentals necessary to complete this item.
1 MEASUREMENT AND PAYMENT
Item 104: Hot Mix Asphalt Surface Course,.Tvpe 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 105: 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.
Item 106: Adiust Manhole Rind and Cover.
This item shall be measured and paid for by the number of sanitary sewer, storm sewer, or
telephone manhole rings and covers adjusted to the final street grade through the use of
concrete adjusting rings as defined in the specifications. The unit price and payment shall
constitute full compensation for all materials, excavation, backfill, compaction, cleaning, labor,
tools, and incidentals necessary to complete this work.
Items 107, 108, 109, and 110: Thermoplastic striping material.
These items shall be measured and paid for as per MPWSS Section 02582, 4.1.
2 MEASUREMENT AND PAYMENT
a �. a �' a
LT
E
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.
5. All joints between manhole sections, top cone, adjusting rings, and manhole
ring shall be watertight, Joint material shall be "Ram-Nek" or approved equal.
6. Manhole ring and cover shal be adjusted to match final crown and grade of street. Use
Anderson Precast or approved equal concrete angled adjustment rings to obtain required
angle.
7. Manhole ring and cover: use MCI 305 frame, 305A cover, IFCO 772 frame,
772-B cover, or Deeter 1025, or D & L A -1172 with I" cover.
rE AWUSrM
HEMMSW
-12 WX)
M I
TOWNTUE"M Scale: 'MANHOLE ADJUSTMENT NO. 02213-1
None DETAIL Rev. April 2005
T_
B .
i
COMPA
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 series, 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 11 water valve adjustment. Type I water valve adjustment is similor
except with a concrete collar.
GYM; & O a 0 ,101 VA 0 134 F." I LN
F 1 01 0 Y I z 101 F." 1 N to 01 O&RIVA I LN I fl-
SCALE: WATER VALVE ADJUSTMENT NO. 02213-2
NONE DETAIL Feb. 2004
TOP OF NEW PAVEMENT
1' FROM EDGE OF GUTTER OR
FACE OF VERTICAL CURB
White
on of the
ire dependent
the sidewalks.
CITY OF BOZEMAN SCALE. TYPICAL PAVEMENT MARKINGS
NONE FOR PEDESTRIAN CROSSINGS
STANDARD DRAWING (TYPE "A" CROSSINGS)
02581 -1
•.
Revised Ju 2002
........ ........
...........
i s
24" White
NOTE: The location of the
crosswalk lines are dependent
upon location of the sidewalks.
CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 —2
STANDARD DRAWING NONE FOR SCHOOL CROSSINGS FEB. 1996
(TYPE "B" CROSSINGS) iRevised Dec 2003
I
i
6' 4^
6' -4 "d
y �
1
i
NOTES:
UNLESS OTHERWISE NOTED EACH SQUARE EQUALS 4 INCHES.
ALL PAVEMENT MARKINGS ARE TO CONFORM TO THE REQUIREMENTS
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 DOWN BY APPROXIMATEEY 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 AND OTHER CRITICAL LOCATIONS.
DO 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. 00 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 15 MIL THICKNESS.
EPDXY VOLUMES ASSUME A 20 MIL THICKNESS.
1 0.00'
I, 1.50`
NOTE = EACH SOME EQUALS 0.40'
DUANT IT IE S
WORD
AREA
IFT- )
PAINT
(GAL. l
STOP
22. 77
0.21',,
ONLY
21.'89
0, 20
EtGAL.
RIGHT
26, 05
p,24
LANE
23.94
0. 22
LEFT
20.00
0.19
0.25
TURN
.. SCHOOL
23.98
0.22
'..., 0.30
46.14
0.45
''. 0.60
4 4
4 +
rw
r.
121
+
+ + + +. +,
71,
f 4 4
++ +
-I
R
tt
APPENDIX B
Estimated Quantities
Work Vicinity Map
Plan Sheets
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