Project Manual April 20, 2015

Project Manual April 20, 2015 Bozeman School District No. 7 Bozeman, Montana 2015 Roof Replacement Project for: Set Number

PROJECT MANUAL BOZEMAN SCHOOL DISTRICT No.7 ROOF REPLACEMENT 2015 Comprised of these one separate roof replacement project: Roofs Bozeman, Montana Owner: Bozeman School District No. 7 P.O. Box 520 Bozeman, MT 59771 Contact: Todd Swinehart, Director of Facilities (406) 522-6009 todd.swinhart@bsd7.org Architect: Comma-Q Architecture, Inc. 109 North Rouse Avenue, No.1 Bozeman, Montana 59715 (406) 585-1112 Contact: Scott Dean, Project Manager scott@commaq.com Copyright 2015 Comma-Q Architecture, Inc. PROJECT TITLE PAGE 00 0101-1

BIDDING AND CONTRACT REQUIREMENTS Division 00 - Bidding and Contract Requirements 00 0101 Project Title Page 00 0110 Table of Contents SECTION 00 0110 TABLE OF CONTENTS Bidding Requirements 00 0200 Invitation to Bid 00 0210 Instructions to Bidders 00 0220 Bid Form 00 1000 Example Bid Bond Form AIA A310 (2010 ed.) 00 1010 Example Payment Bond Form AIA A312 (2010 ed.) 00 1020 Example Performance Bond Form AIA A312 (2010 ed.) 00 2000 Bozeman School District No. 7 School Calendar 2014-2015 00 2550 Bozeman School District No. 7 School Calendar 2015-2016 00 5000 State of Montana Prevailing Wage Rates for Building Construction 2015 Contract Requirements 00 6000 Agreement and General Conditions 00 6010 Example copy of Standard Form of Agreement - AIA Document A 107 (2007 ed.) Contract Forms 00 7000 List of Contract Forms SPECIFICATIONS Division 01 General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 3000 Administrative Requirements 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 6000 Product Requirements 01 7000 Execution and Closeout Requirements Division 07 Thermal and Moisture Protection 07 5300 Elastomeric Membrane Roofing 07 6200 Sheet Metal Flashing and Trim 07 9005 Joint Sealers END OF TABLE OF CONTENTS TABLE OF CONTENTS 00 0110 / 1

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INVITATION TO BID BOZEMAN SCHOOL DISTRICT #7 Roof Replacement 2015 Project 15-06-13 2435 Annie Street Bozeman, MT 59718 Sealed bids will be received by the Director of Facilities, Bozeman School District No. 7, Bozeman, Montana until 2:00 PM (local time), on Thursday May 7, 2015, at which time the bids will be publicly opened and read aloud. The Director of Facilities office is located in the Willson School Building, 404 West Main Street, Room 243, Bozeman, MT 59715. Bids will be received for one separate roof replacement project at for the Trustees, School District No. 7, Bozeman, MT 59715 in accordance with the Specifications and other Contract Documents. The Project consists of replacement of membrane roofs at. Bids shall be submitted on the form provided within the Contract Documents. Contract documents may be secured at the offices of: Comma-Q Architects, 109 North Rouse Avenue, #1, Bozeman, MT 59715, Phone: (406) 585-1112 or Fax: (406) 585-5518. A pre-bid walk-through is scheduled for April 27, 2015 at 4:00 p.m. at Emily Dickinson Elementary School. Participants should meet at the main school entrance. Bids shall be accompanied by an acceptable form of Bid Security in the amount of 10% of the total Bid. Acceptable forms of Bid Security are as follows: Certified Check, Cashier s Check, Bank Draft, Lawful US Currency, Bank Money Order or Bid Bond made payable to Bozeman School District No. 7, Bozeman, Montana, as a guarantee that if the Proposal is accepted, the Bidder will execute the Contract and fill acceptable Performance and Labor & Material Payment Bonds no later than ten (10) days after the Award of the Contract. Each prime bidder or subcontractor will be required to have a valid Montana Public Contractor s registration/license in the proper classification. The Contractor shall comply with all fair labor practices, must meet the requirements of the State Statutes and must pay the prevailing rate of wages to workers performing labor on contracts over $25,000. No bidder may withdraw his bid for at least thirty (30) calendar days after the scheduled time for receipt of bids except as noted in the Instruction to Bidders. The Trustees, School District No. 7, Bozeman, MT hereinafter called the Owner, reserve the right to reject any or all Proposals and to waive any formality or technicality in any Proposal in the interest of the Owner. END OF INVITATION TO BID INVITATION TO BID 00 0200 / 1

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INSTRUCTIONS TO BIDDERS 1 DESCRIPTION The Contract Documents cover the construction scope of work for: 2 DEFINITIONS Bozeman School District No. 7 - Roof Replacement 2015, 2435 Annie Street, Bozeman, Montana 59718 2.1 Bidding Documents, which include the Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, other sample bidding and contract forms, and proposed Contract Documents, including any addenda issued prior to bid opening 2.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents. 2.3 An Addendum is a written or graphic instrument issued by the Architect prior to the execution of the Contract, which modify or interpret the Bidding Documents by addition, deletion, and clarification of correction. 2.4 A Bid is a complete and properly signed proposal to do the Work or designated portion thereof for the sum stipulated therein supported by data called for by the Bidding Documents 2.5 A Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described 2.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. 2.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment, or services or a portion of the Work as described in the Bidding Documents. 2.8 A Bidder is one who submits a Bid for a contract, or sub-contract with the General Contractor, for the Work described in the Contract Documents. 2.9 The Owner is Bozeman School District No. 7 2.10 The Architect is Comma-Q Architecture, Inc. 3 BIDDERS REPRESENTATION 3.1 Each Bidder by making a Bid represents that: a The Bidder has read and understands the Bidding Documents and their Bid is made in accordance therewith. The Bid is based upon the materials described in the Bidding Documents without exception. 4 BIDDING DOCUMENTS 4.1 Bidders may obtain complete sets of Bidding Documents from the Architect as set forth in the Invitation to Bid. A plan deposit is not required. However, at the conclusion of the bidding phase, it is requested that documents be returned to the Architect in good condition for use during construction. INSTRUCTIONS TO BIDDERS 00 0210 / 1

4.2 The Bidding Documents may be examined at the following Builders Exchanges: Bozeman Plan Library 1105 Reeves Rd. W, Suite 800 Bozeman, MT 59718 (406) 586-7653 FAX (406) 586-4062 Great Falls Builder s Exchange 202 2 nd Ave. S Great Falls, MT 59405 (406) 652-1311 FAX (406) 727-7548 Butte Builder s Exchange 4801 Hope Road Butte, MT 59701 (406) 782-5433 FAX (406) 782-5433 Billings Builder s Exchange 2050 Broadwater Ave, Suite A Billings, MT 59102 (406) 652-1311 FAX (406) 652-1391 Missoula Plans Exchange 201 N Russell St Missoula, MT 59801 (406) 549-5002 FAX (406) 721-2941 Helena Plans Exchange 1530 Cedar St. Suite C Helena, MT 59604 (406) 457-2679 FAX (406) 457-0226 5 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 6 SUBSTITUTIONS 5.1 Bidders shall promptly notify the Architect of any ambiguity, inconsistency, or error that they may discover upon examination of the Bidding Documents or the site and local conditions. 5.2 Bidders requiring clarification or interpretation of the Bidding Documents shall make written request to the Architect, to reach him/her at least seven (7) calendar days prior to bid opening date. 5.3 Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding. 5.4 Addenda will be mailed, delivered or faxed to all who have been issued complete sets of Bidding Documents by the Architect. 5.5 Each Bidder shall ascertain prior to submitting his or her Bid that they have received all Addenda. The Bidder shall acknowledge this receipt on the Bid Proposal Form. 6.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. 6.2 No substitution will be considered prior to receipt of the Bids unless written request for approval has been received by the Architect no later than 2:00 pm local time, seven (7) calendar days prior to bid. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data, and any other information necessary for an evaluation. The burden of proof of the merit of the proposed substitution is upon the Bidder. The Architect s decision of approval or disapproval of a proposed substitution shall be final. 6.3 If the Architect approves any proposed substitution prior to receipt of the Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals in any other manner. INSTRUCTIONS TO BIDDERS 00 0210 / 2

7 BID FORM 6.4 No substitutions will be considered after Contract award unless specifically provided in the Contract Documents. 7.1 Bids shall be submitted on the BID FORM provided in the bid documents without additions not called for or unauthorized conditional or supplementary bids. a b c d e Clearly fill in bidder and bid information on the Bid Form by entering your bid amounts in the designated lines. All blank spaces provided on the Bid Form that pertain to the work to be bid shall be filled in. Sums shall be stated in both words and figures and in case of a discrepancy between the two the amount written in words shall govern. Any interlineations, alteration or erasures must be initialed by the signer of the Bid. The completed forms shall contain no recapitulation of the work to be done Each Bidder shall include the legal name of the Bidder and each copy shall be signed by a person or persons legally authorized to bind the Bidder to a Contract. A Bid by a corporation shall further give the State of Incorporation and have the Corporate Seal affixed. A Bid submitted by an agent shall have a current Power of Attorney attached, certifying the agent s authority to bind the Bidder. 8 SUBMISSION OF BIDS 8.1 No telephonic oral proposals or modifications will be considered 8.2 Submit only one Bid Package Bid per sealed envelope 8.3 Any Bidder may modify their Bid by facsimile (fax) at any time prior to the scheduled closing time for the receipt of Bids. The fax modification should not reveal the Bid price, but should only provide the addition or subtraction from the original proposal. Fax modifications shall be faxed to the Owner s Construction Representative - see Section 00 0220, Bid Form, for fax number. Each Bid Form shall be submitted in a sealed, opaque envelope Address envelope as follows: TO: Bozeman Public Schools 404 W Main St. / P.O. Box 520 Bozeman, MT 59771 In the bottom left corner of the address side of the envelope provide the following information: PROJECT: - Emily Dickinson Elementary School INSTRUCTIONS TO BIDDERS 00 0210 / 3

FROM: (Contractor) MT STATE CONTRACTOR REGISTRATION #: ACKNOWLEDGE RECEIPT OF ADDENDUM NO(S): 9 WITHDRAWAL OF BIDS 9.1 Any Bidder may withdraw their Bid at any time prior to the scheduled closing time for receipt of Bids, but 9.2 No Bids shall be withdrawn for a period of Thirty (30) calendar days after scheduled closing time for receipt of Bids. 10 CONSIDERATION OF BIDS 10.1 Properly identified Bids received by the stated hour will be publicly opened and read aloud 10.2 The Owner shall have the right to reject any and all Bids or by other data required by the Bidding Documents, or to reject a Bid that is in any way incomplete or irregular. 10.3 It is the intent of the Owner to award a Contract to the most-qualified and lowestresponsible Bidder for the roof replacement project. The Bid must be submitted in accordance with the requirements of the Bidding Documents. The Owner shall have the right to waive any informality or irregularity in any Bid or Bids received and to accept the Bid or Bids that, in his/her judgment is in the Owner s best interests. 10.4 The Owner may require evidence of the responsibility from the Bidder prior to award of Contract, and the Bidder shall furnish information and data as requested for this purpose. 11 FORM OF AGREEMENT BETWEEN THE OWNER & BIDDER 11.1 The Agreement for the Work will be between the Bidder and the Owner. See CONTRACT REQUIREMENTS 12 PRECONSTRUCTION CONFERENCE 12.1 Upon award of Contract, a preconstruction conference will be held with the Contractor, the Architect, and the Owner s representative. The Contractor and/or his superintendent on the job shall be present and will be notified of the time and place. 13 INSPECTION AND MEASUREMENT 14 ASBESTOS 13.1 To make arrangements for a site inspection, please call: BSD7 Director of Facilities, 522-6009. 14.1 All materials, products, or equipment used for the construction of this work shall be totally free of asbestos. The Contractor shall certify, in writing, at completion of the work that all materials, products and equipment installed do not contain asbestos. It will be the Contractor s responsibility to ascertain from manufacturers, suppliers, and subcontractors that all materials, products and equipment are asbestos free. END OF INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 00 0210 / 4

BID FORM Bozeman School District No. 7 - Roof Replacement 2015 2435 Annie Street, Bozeman, MT 59718 Submitted By: Date: To: Director of Facilities Bozeman School District No. 7 404 W Main St. 2 nd floor / P.O. Box 520 Bozeman, MT 59771 We, the undersigned Bidder, having carefully read the Documents for the proposed contract, including the Agreement, General Conditions, Supplemental Conditions, Specifications, and Drawings and having carefully ascertained the conditions under which the Work is to be performed, hereby bid and offer to enter into a Contract to perform the Work as described in accordance with the Documents, Completed by the time specified in the Bid Documents for the price of: ROOF REPLACEMENT 2015 - EMILY DICKINSON ELEMENTARY SCHOOL Project. Project to be substantially complete as identified in Section 01 1000 Summary. BASE BID: (Including 1% Gross Receipts Tax) Insert amount of Bid below (in words) DOLLARS Insert amount of Bid below (in numbers) $ UNIT PRICING: Replacement of Damaged Insulation If upon removal of the existing ballast and loose laid membrane, damaged insulation is identified to be replaced by the Contractor, Architect and Owner - Unit Price of the following shall be added to the project at such time based on the agreement of the Owner, Architect and Contractor: Description Remove existing EPS insulation and replace with new to match: See description in Section 07 5300 Elastromeric Membrane Roofing (Including 1% Gross Receipts Tax) DOLLARS Insert Unit Price per S.F. $ Bids must include the cost of Performance and Payment Bonds and must be submitted with appropriate Bid Security. The Bids listed above are subject to such additions and deductions as may be properly made under the terms of the Contract. Prices are firm and are not subject to escalation for the entire duration of the project. BID FORM 00 0220 / 1

PERIOD OF ACCEPTANCE: The Bidder agrees this bid shall remain open for acceptance and the price shall remain firm and unchanged and not withstanding any error in the Bid at the amount stated for Thirty (30) days from the date of closing of this Bid. CONTRACT: The Bidder agrees that this Bid is subject to a Contract being prepared and executed with the Owner. The Bidder that if notification of the acceptance of their bid is received within the time this bid is required to remain open, the Bidder will, within 7 days after receipt of notification of award: A. Execute and deliver to the District a contract in the form attached hereto in accordance with the bid as accepted. B. Furnish and deliver to the District the Performance Bond and Payment Bond as specified, Contractor s Certificates of Insurance and any and all other documentation called for by the Contract. Bidder further agrees to commence Work on the Project as directed by the District. C. Warrant that Bidder has all appropriate registrations or licenses, and that such will be in full force and effect during the PROJECT and that all subcontractors will have all appropriate licenses. D. Above items are to be completed in duplicate. ADDENDA: The Contractor acknowledges receipt of the following: Addendum Number: Date: Addendum Number: Date: Addendum Number: Date: SUBMITTED BY: Company: Address: Phone No. Email Bidder: Signature Dated: Fax No. And, certifies that he/she is duly and regularly licensed contractor holding Montana Public Contractor s Registration Registration Number: END OF BID FORM BID FORM 00 0220 / 2

AIA Document A310 TM 2010 Bid Bond CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) «Bozeman School District #7» «P.O. Box 520 Bozeman, MT 59771» BOND AMOUNT: $ SURETY: (Name, legal status and principal place of business) PROJECT: (Name, location or address, and Project number, if any) «BSD7 Roofing Replacement 2015» 2435 Annie Street Bozeman, MT 59718» The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety s consent for an extension beyond sixty (60) days. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. If this Bond is issued in connection with a subcontractor s bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A310 2010. Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:02:25 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1818587189) EXAMPLE BID BOND FORM 00 1000 / 1 1

Signed and sealed this day of, (Witness) (Witness) (Contractor as Principal) (Title) (Surety) (Title) (Seal) (Seal) AIA Document A310 2010. Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:02:25 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1818587189) EXAMPLE BID BOND FORM 00 1000 / 2 2

AIA Document A312 TM 2010 Payment Bond CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) «Bozeman School District #7» «P.O. Box 520 Bozeman, MT 59771» SURETY: (Name, legal status and principal place of business) CONSTRUCTION CONTRACT Date: Amount: $ Description: (Name and location) «BSD7 Roofing Replacement 2015 2435 Annie Street Bozeman, MT 59718» BOND Date: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 18 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER S REPRESENTATIVE: (Architect, Engineer or other party:) «Todd Swinehart» «Bozeman School District No. 7» «P.O. Box 520» «Bozeman, MT 59771» «(406) 522-6009» «Email Address: todd.swinehart@bsd7.org» ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A312 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:03:18 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1415999336) EXAMPLE PAYMENT BOND FORM 00 1010 / 1 1

1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Construction Contract, the Surety s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner s property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety s expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor,.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and.2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant s obligation to furnish a written notice of non-payment under Section 5.1.1. 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety s failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8 The Surety s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney s fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner s priority to use the funds for the completion of the work. AIA Document A312 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:03:18 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1415999336) EXAMPLE PAYMENT BOND FORM 00 1010 / 2 2

10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum:.1 the name of the Claimant;.2 the name of the person for whom the labor was done, or materials or equipment furnished;.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract;.4 a brief description of the labor, materials or equipment furnished;.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim;.7 the total amount of previous payments received by the Claimant; and.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms labor, materials or equipment that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor s subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:03:18 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1415999336) EXAMPLE PAYMENT BOND FORM 00 1010 / 3 3

16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:03:18 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1415999336) EXAMPLE PAYMENT BOND FORM 00 1010 / 4 4

Performance Bond AIA Document A312 TM 2010 CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) «Bozeman School District #7» «P.O. Box 520 Bozeman, MT 59771» SURETY: (Name, legal status and principal place of business) CONSTRUCTION CONTRACT Date: Amount: $ Description: (Name and location) BSD7 Roofing Replacement 2015» 2435 Annie Street Bozeman, MT 59718» BOND Date: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 16 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER S REPRESENTATIVE: (Architect, Engineer or other party:) «Todd Swinehart» «Bozeman School District No. 7 P.O. Box 520 Bozeman, MT 59771» «(406) 522-6009» «Email Address: todd.swinehart@bsd7.org» ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A312 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:57 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1750677314) EXAMPLE PERFORMANCE BOND FORM 00 1020 / 1 1

1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety s obligation under this Bond shall arise after.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety s receipt of the Owner s notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner s right, if any, subsequently to declare a Contractor Default;.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:57 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1750677314) EXAMPLE PERFORMANCE BOND FORM 00 1020 / 2 2

7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;.2 additional legal, design professional and delay costs resulting from the Contractor s Default, and resulting from the actions or failure to act of the Surety under Section 5; and.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety s liability is limited to the amount of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. AIA Document A312 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:57 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1750677314) EXAMPLE PERFORMANCE BOND FORM 00 1020 / 3 3

15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:57 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1750677314) EXAMPLE PERFORMANCE BOND FORM 00 1020 / 4 4

2014-2015 SCHOOL CALENDAR 00 2000 / 1

2015-2016 SCHOOL CALENDAR 00 2550 / 1

MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES 2015 Effective: January 2, 2015 Steve Bullock, Governor State of Montana Pam Bucy, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition, we ll do our best to provide information in an accessible format, upon 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 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., MCA. It is required that each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. In addition, this publication provides general information concerning compliance with Montana s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. PAM BUCY Commissioner Department of Labor and Industry State of Montana MT PREVAILING WAGE RATES 00 5000-1