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PROJECT MANUAL FOR: PAVEMENT PRESERVATION 2025 CITY OF BELGRADE 91 East Central Avenue Belgrade, MT 59714 JUNE, 2025 PREPARED BY: BELGRADE PUBLIC WORKS BID COPY APPROVED BY: ---PAGE BREAK--- ---PAGE BREAK--- TABLE OF CONTENTS TOC 1 Project Manual for: PAVEMENT PRESERVATION 2025 The speciﬁcations for this project include the Montana Public Works Standards Speciﬁcations Sixth Edition, April 2010, except as otherwise noted. Further, the speciﬁcations for the project include the City of Belgrade Modiﬁcations to Montana Public Works Standard Speciﬁcations (COB Mods), Sixth Edition, April 2010. Except as modiﬁed or otherwise noted, these standard speciﬁcations apply to this project. DIVISION 0 – BIDDING & CONTRACT REQUIREMENTS SECTION TITLE LOCATION 00100 Invitation to Bid Included herein 00200 Instructions to Bidders Included herein 00300 Bid Form Included herein 00430 Bid Bond Included herein 00440 Notice of Award and Tabulation of Bids Included herein 00500 Agreement Form Included herein 00510 Tabulation of Bids Included herein (AWARD COPY only) 00610 Performance Bond Included herein 00615 Payment Bond Included herein 00700 Standard General Conditions 7th Edition 00810 Supplementary General Conditions 7th Edition 00820 Special Provisions Included herein 00920 Prevailing Wages Included herein DIVISION 1 – GENERAL REQUIREMENTS 01010 Summary of Work Included herein 01020 Modiﬁcations to COB Mods, 6th Ed.; Included herein 01060 Permits Included herein 01150 Measurement and Payment Included herein 01300 Shop Drawings and Submittals Included herein 01400 Quality Assurance and Control Included herein 01570 Construction TraƯic Control Included herein 01700 Contract Closeout Included herein DIVISION 2 – SITEWORK 02520 Longitudinal Joint Construction and Compaction Included herein ---PAGE BREAK--- DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00100 – INVITATION TO BID INVITATION TO BID 1 INVITATION TO BID Notice is hereby given that the City of Belgrade, Montana, is requesting separate sealed bids for construction of the Pavement Preservation 2025 project (WO 25-02). Bids will be received by the City Clerk, City of Belgrade at PO Box 810 (mailing address) or 91 East Central Avenue (physical address), Belgrade, MT 59714 until 3:00 p.m. on Monday, July 14, 2025, and then publicly opened and read thereafter. The Project generally includes, but is not limited to the following: Asphalt pavement overlay on Park Avenue, Central Avenue, Peterson Avenue, 11th Street, 10th Steet, 9th Street, and Biehl Drive, in Belgrade, Montana. Adjustment of water valve boxes and sanitary sewer manholes will be required in conjunction with the asphalt pavement overlay. Complete Bidding Documents for this project are available in electronic form at Printed copies of the bid documents are not available from the ENGINEER or OWNER. Addenda to the Project will be posted at The BIDDER is responsible for periodically checking the City of Belgrade Bids website. Prospective BIDDERS are strongly encouraged to sign up for email or text message alerts through the City of Belgrade Bids website. The CONTRACTOR that is awarded the Project will be responsible for printing all documents necessary for performing the Work. There will be a voluntary pre-bid conference at 11:00 am on Wednesday, July 2, 2025, at the Municipal Services Complex, 621 Lagoon Road, Belgrade, MT 59714. Interested BIDDERS are encouraged to attend the pre-bid conference. Any administrative questions regarding proposal procedures should be directed to Camille Gregory, City Clerk, at (406) 388-3559 or [EMAIL REDACTED]. Questions relating to the RFP should be directed to Joe Hauck, City Engineer, at (406) 388-3568 or [EMAIL REDACTED]. CONTRACTOR and any of the CONTRACTOR’S SUBCONTRACTORS doing work on this project will be required to register with the Montana Department of Labor and Industry (DLI) and obtain a City of Belgrade Business License. Forms for registration are available from the Department of Labor and Industry, PO Box 8011, 1805 Prospect Avenue, Helena, MT 59604 and the Belgrade Community Development Department, 91 East Central Avenue, Belgrade, MT 59714, respectively. All laborers and mechanics employed by CONTRACTOR or SUBCONTRACTORS in performance of the construction work shall be paid wages at rates as may be required by the laws and ordinances of the City of Belgrade, Gallatin County, and the State of Montana. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity, or disability. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00100 – INVITATION TO BID INVITATION TO BID 2 As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, aƯirms in writing it 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 and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. The City of Belgrade, Montana, is an Equal Opportunity Employer. Each Bid must be accompanied by a Certiﬁed Check, Cashier’s Check, or Bid Bond payable to the City of Belgrade, Montana, in an amount not less than ten (10%) percent 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 (100%) percent 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. The OWNER reserves the right to reject any of all proposals received, to waive informalities, to postpone the award of the Contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid, which is in the best interest of the OWNER. DATED at Belgrade, Montana, this June 12, 2025 Camille Gregory City Clerk City of Belgrade 1st Publication: Bozeman Daily Chronicle, June 12, 2025 2nd Publication: Belgrade News, June 19, 2025 3rd Publication: Bozeman Daily Chronicle, June 26, 2025 4th Publication: Belgrade News, July 3, 2025 ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 1 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Defined 2 Article 2— Bidding Documents 2 Article 3— Qualifications of Bidders 3 Article 4— Pre-Bid Conference 3 Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site 4 Article 6— Bidder’s Representations and Certifications 6 Article 7— Interpretations and Addenda 6 Article 8— Bid Security 6 Article 9— Contract Times 7 Article 10— Substitute and “Or Equal” Items 7 Article 11— Subcontractors, Suppliers, and Others 7 Article 12— Preparation of Bid 8 Article 13— Basis of Bid 9 Article 14— Submittal of Bid 9 Article 15— Modification and Withdrawal of Bid 10 Article 16— Opening of Bids 10 Article 17— Bids to Remain Subject to Acceptance 11 Article 18— Evaluation of Bids and Award of Contract 11 Article 19— Bonds and Insurance 12 Article 20— Signing of Agreement 12 Article 21— State laws and regulations 12 ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 2 ARTICLE 1—DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders. ARTICLE 2—BIDDING DOCUMENTS 2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers. 2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances. 2.03 Owner has established a Bidding Documents Website at and as indicated in the Advertisement or Invitation to bid. Owner recommends that Bidder register for updates via the City of Belgrade Bids website. Bidders should obtain a complete set of the Bidding Documents from the City of Belgrade Bids website. Bidders may rely on sets of Bidding Documents obtained from the City of Belgrade Bids website are complete, unless an omission is blatant. Addenda shall be posted to the City of Belgrade Bidding Documents Website by Owner. Bidders registered to receive updates from the City of Belgrade Bids website shall be notified when addenda are posted online. 2.04 Electronic Documents A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified. 1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 3 Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies. B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information. ARTICLE 3—QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, at the time of submitting his bid, Bidder must submit the following information: A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. Bidder’s state or other contractor license number, if applicable. D. Subcontractor and Supplier qualification information. E. Other required information regarding qualifications. 3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or Invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid. 4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented and statements made at the ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 4 pre-bid conference will not be binding or legally effective unless incorporated in an Addendum. ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 5.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of- way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 5.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site: a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data. b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data. c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 5 the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. 5.03 Other Site-related Documents A. No other Site-related documents are available. 5.04 Site Visit and Testing by Bidders A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites. D. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 5.05 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions. 5.06 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 6 ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS 6.01 Express Representations and Certifications in Bid Form, Agreement A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid. B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement. ARTICLE 7—INTERPRETATIONS AND ADDENDA 7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. 7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows: A. Submittal of questions to the Engineer shall be via email, as described in the Invitation to Bid. 7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered. 7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents. ARTICLE 8—BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within fifteen (15) days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 7 of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9—CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment, and Milestones (if any) are to be achieved, are set forth in the Agreement. 9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS 10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for Work within five days after Bid opening. 11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 8 Owner may consider such price adjustment in evaluating Bids and making the Contract award. 11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions. ARTICLE 12—PREPARATION OF BID 12.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid. 12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. 12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown. 12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown. 12.06 A Bid by an individual must show the Bidder’s name and official address. 12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 9 established prior to submittal of a Bid, and the official address of the joint venture must be shown. 12.08 All names must be printed in ink below the signatures. 12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. 12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown. 12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid. 12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form. ARTICLE 13—BASIS OF BID 13.01 Unit Price A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. ARTICLE 14—SUBMITTAL OF BID 14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form. 14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 10 with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement. 14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID 15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same 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. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids. 15.03 If within twenty-four (24) hours after Bids are opened any Bidder files a duly signed written notice with Owner and thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work. ARTICLE 16—OPENING OF BIDS 16.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 11 base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT 18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work. 18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. 18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive. 18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. 18.05 Evaluation of Bids A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. C. For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for all of the Work. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00200 – INSTRUCTIONS TO BIDDERS EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS 12 D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 19—BONDS AND INSURANCE 19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation. 19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process. ARTICLE 20—SIGNING OF AGREEMENT 20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 21—STATE LAWS AND REGULATIONS 21.01 All applicable laws, ordinances, and the rules and regulations of authorities have jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the Contractor must comply with, include but are not limited to, those involving worker’s compensation insurance, contractor registration, employment preference to Montana contractors and Montana residents, and gross receipts tax. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00300 – BID FORM BID FORM 1 BID FORM PROJECT IDENTIFICATION: Pavement Preservation 2025 (WO 25-02) THIS BID SUBMITTED TO: City Clerk City of Belgrade 91 East Central Avenue Belgrade, MT 59714 1.01 The undersigned BIDDER proposes and agrees if this Bid is accepted, to enter into an Agreement with the OWNER in the form included in the Bidding Documents, to perform and furnish all Work speciﬁed or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 BIDDER accepts all the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitations those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that BIDDER may agree to in the writing upon request of the OWNER. 3.01 In submitting this Bid, BIDDER represents, as set forth in the Agreement, that: A. BIDDER has examined and carefully studied the Bidding Documents, other related data identiﬁed in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged for the following Addenda: ADDENDUM NO. DATE ISSUED B. BIDDER has visited the Site and become familiar with and is satisﬁed as to the general, local, and Site conditions that may aƯect cost, progress, and performance of the Work. C. BIDDER is familiar with and is satisﬁed as to all Federal, State, and Local laws and regulations that may aƯect cost, progress, and performance of the Work. D. BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site (if any) and all drawings of physical conditions in ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00300 – BID FORM BID FORM 2 or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identiﬁed and as provided in paragraph 4.02 of the General Conditions, and reports and drawings of Hazard Environmental Condition, if any, which has been identiﬁed and as provided in paragraph 4.06 of the General Conditions. E. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may aƯect cost, progress, and performance of the Work or which relate to any aspects to the means, methods, techniques, sequences, and procedures expressly required by the Bidding Documents to be employed by the BIDDER, and safety precautions and programs incident thereto. F. BIDDER does not consider that any further examinations, investigations, explorations, tests, studies, and data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the time and in accordance with the other terms and conditions of the Bidding Documents. G. BIDDER is aware of the general nature of the Work to be performed by OWNER, ENGINEER, and others at the Site that relates to the Work as indicated in the Bidding Documents. H. BIDDER has correlated the information known to BIDDER, information, and observations obtained from visits to the Site, reports and drawings identiﬁed in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. BIDDER has given ENGINEER written notice of all conﬂicts, errors, ambiguities, or discrepancies that BIDDER has discovered in the Bidding Documents, and resolution thereof by ENGINEER is acceptable to BIDDER. J. The Bidding Documents are generally suƯicient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 BIDDER further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, ﬁrm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00300 – BID FORM BID FORM 3 The BIDDER certiﬁes that no oƯicial of the OWNER, ENGINEER, or any member of such oƯicial’s immediate family, has direct or indirect interest in the pecuniary proﬁts or Contracts of the BIDDER. 5.01 The BIDDER will complete the Work in accordance with the Contract Documents for the following prices(s): PAVEMENT PRESERVATION 2025 SCHEDULE OF BID ITEMS ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED PRICE 101 Mobilization LS 1 102 Miscellaneous Work EACH 10,000 $1.00 $10,000.00 103 Construction TraƯic Control DAY 30 104 Asphalt Concrete Surface Course – Grade B PG 58-28 TON 3,666 105 SS-1 Asphalt Tack Coat GAL 1,918 106 Cold Milling SQYD 546 107 Adjust Valve Box EACH 45 108 Adjust Manhole EACH 39 TOTAL PROJECT BID PRICE: A. Unit Prices have been computed in accordance with paragraph 11.03B of the General Conditions. B. BIDDER acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids. Final payment for all Unit Price Bid items will be based on actual quantities of Work furnished, determined as provided in the Contract Documents. C. The undersigned agrees that the unit prices shall govern in checking the Bid, an should a discrepancy exist in the Total Estimated Price and the Total Amount of Unit Prices Bid as listed above after extensions are checked and corrections are made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract. D. The OWNER reserves the right to reject any of all bids. 6.01 BIDDER agrees that the Work will be substantially completed and ready for ﬁnal payment in accordance with 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00300 – BID FORM BID FORM 4 6.02 BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times speciﬁed above, which will be stated in the Agreement. 7.01 The following documents are attached and made a condition to the Bid: A. Required Bid Security in the amount of ten percent (10%) of the maximum Bid Price including alternates, if any, and in the form of a Bid Bond identiﬁed in the Instructions to Bidders. 7.01 The terms used in this Bid with the initial capital letters have the meanings indicated in the Instructions to Bidders, General Conditions, and Special Provisions. SUBMITTED on Montana Contractor’s Registration No. Employer’s Tax ID No. IF BIDDER IS: An Individual: (Name typed or printed) By: (Individual’s Signature) Doing Business As: Business Address: Phone No.: Fax A Partnership: (Partnership Name) By: (Seal and Signature) ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00300 – BID FORM BID FORM 5 Business Address: Phone No.: Fax A Corporation: (Corporation Name) State of Incorporation: Type (General Business, Professional, Service, Limited Liability, Etc.): By: (Individual’s Signature) Title: Attest: Business Address: Phone No.: Fax EACH JOINT VENTURE MUST SIGN A Joint Venture: (Joint Venture Name) By: (Joint Venture Partner Signature) Name: (Printed or Typed) Title: Business Address: ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00300 – BID FORM BID FORM 6 Phone No.: Fax EACH JOINT VENTURE MUST SIGN A Joint Venture: (Joint Venture Name) By: (Joint Venture Partner Signature) Name: (Printed or Typed) Title: Business Address: Phone No.: Fax EACH JOINT VENTURE MUST SIGN A Joint Venture: (Joint Venture Name) By: (Joint Venture Partner Signature) Name: (Printed or Typed) Title: Business Address: Phone No.: Fax (Each Joint Venture Must Sign. The manner of signing for each individual, partnership, and corporation that is party to the joint venture should be in the manner indicated above.) ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00430 – BID BOND EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. BID BOND 1 BID BOND (PENAL SUM FORM) Bidder Surety Name: Name: Address (principal place of business): Address (principal place of business): Owner Bid Name: City of Belgrade Project (name and location): Address (principal place of business): Pavement Preservation 2025, Belgrade, Montana 91 East Central Avenue Belgrade, Montana, 59714 Bid Due Date: 3:00 p.m., July 14, 2025 Bond Penal Sum: Date of Bond: Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized oﬃcer, agent, or representaƟve. Bidder Surety (Full formal name of Bidder) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature) (AƩach Power of AƩorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: AƩest: AƩest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: Note: Addresses are to be used for giving any required noƟce. Provide execuƟon by any addiƟonal parƟes, such as joint venturers, if necessary. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00430 – BID BOND EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. BID BOND 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver 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. 3. This obligation will be null and void if: 3.1. Owner accepts Bidder’s Bid and Bidder delivers 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, or 3.2. All Bids are rejected 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 of Bidder and within thirty (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. 5. 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 does not in the aggregate exceed one-hundred and twenty (120) days from the Bid due date without Surety’s written consent. 6. No suit or action will be commenced under this Bond prior to thirty (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 the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00430 – BID BOND EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. BID BOND 3 commercial courier, or by United States Postal Service registered or certiﬁed mail, return receipt requested, postage pre-paid, and will be deemed to be eƯective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and eƯective Power of Attorney evidencing the authority of the oƯicer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will 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 governs and the remainder of this Bond that is not in conﬂict therewith continues in full force and eƯect. 11. The term “Bid” as used herein includes a Bid, oƯer, or proposal as applicable. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00440 – NOTICE OF AWARD NOTICE OF AWARD 1 NOTICE OF AWARD DATED: TO: ADDRESS: PROJECT: Pavement Preservation 2025 (WO 25-02) CONTRACT FOR: City of Belgrade – Pavement Preservation 2025 You are notiﬁed that your Bid opened on July 14, 2025, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Preservation 2025 project. The Contract Price of your Contract is: You must comply with the following conditions precedent within ﬁfteen (15) days of the date of this Notice of Award, that is by: 1. You must deliver with the Contract Security (Bonds) as speciﬁed in the Instructions to Bidders (Article 20) and the General Conditions (paragraph 5.01). 2. You must deliver with the executed Agreement the Certiﬁcates of Insurance as speciﬁed in the General Conditions (Article 5) and Supplementary Conditions (paragraphs 5.04 and 5.06). 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 shall route the documents via “DocuSign” for ﬁnal signature of the Agreement Form and provide a fully executed copy of the Contract Documents. CITY OF BELGRADE: BY: (City Manager) DATE: ATTEST: BY: (City Clerk) ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00500 – AGREEMENT FORM AGREEMENT FORM 1 AGREEMENT FORM This AGREEMENT is dated as the day of in the year by and between the City of Belgrade hereinafter called OWNER and hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 CONTRACTOR shall complete all work, as speciﬁed or indicated in the Contract Documents. The work is generally described as follows: An asphalt overlay on Park Avenue, Central Avenue, Peterson Avenue, 11th Street, 10th Steet, 9th Street, and Biehl Drive, in Belgrade, Montana. Additional work includes adjusting water valve boxes and sanitary sewer manholes in conjunction with the asphalt overlay. Article 2. THE PROJECT 2.01 The project for which the work under the Contract Documents may be the whole or only a part is generally described as follows: Pavement Preservation 2025 (WO 25-02). Article 3. ENGINEER The project ENGINEER is: City of Belgrade Public Works Department 91 East Central Avenue Belgrade, Montana 59714 Who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00500 – AGREEMENT FORM AGREEMENT FORM 2 Article 4. CONTRACT TIME 4.01 Time of the Essence. A. All the time limits for milestones, if any, substantial completion, and completion and readiness for ﬁnal payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Readiness for Final Payment. A. The work will be completed within thirty (30) working days after the date when the Contract Time commences to run, as provided in paragraph 2.03 of the General Conditions. Work shall be complete and ready for ﬁnal payment in accordance with paragraph 14.07 of the General Conditions within ﬁfty (50) working days after the date when the Contract Time commences to run. 4.03 Liquidated Damages. A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement, and the OWNER will suƯer ﬁnancial loss if the Work is not complete within the time speciﬁed in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and diƯiculties involved in proving in a legal or arbitration preceding the actual loss suƯered by OWNER if the work is not completed 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-thousand dollars ($1,000.00) for each day that expires after the time speciﬁed in paragraph 4.02 for Substantial Completion until the work is substantially completed. B. After Substantial Completion is granted by the OWNER, if CONTRACTOR neglects, refuses, or fails to complete the remaining Work within the Contract Time or any extension thereof granted by OWNER, CONTRACTOR shall pay OWNER ﬁve-hundred dollars ($500.00) for each day that expires after the time speciﬁed in paragraph 4.02 for completion and readiness for ﬁnal payment until the Work is completed and ready for ﬁnal payment. Article 5. CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents an amount equal to the sum of the established unit price for each separately identiﬁed item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit Prices are those listed in the Unit Price Schedule of the Bid Form attached as Exhibit A to this Agreement. Estimated quantities used for bidding purposes are not guaranteed. Payment will be for actual quantities as determined by ENGINEER in accordance with paragraph 9.07 of the General ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00500 – AGREEMENT FORM AGREEMENT FORM 3 Conditions. Unit Prices have been completed as provided in paragraph 11.03 of the General Conditions. Article 6. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments. A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in the Contract Documents. 6.02 Progress Payments Retainage. A. OWNER shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price Applications for Payment, as recommended by ENGINEER once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for that item. B. Prior to Substantial Completion, progress payments will be made in an amount equal to the sum of the unit price items less the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amount as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. a. The OWNER shall retain ten percent (10%) of the amount of each payment until ﬁnal completion and acceptance of all work covered by the Contract Documents. b. Retainage shall be ﬁfty percent (50%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions). c. Upon Substantial Completion and at the OWNER’s discretion, the amount of retainage may be further reduced if requested by the CONTRACTOR. 6.03 Gross Receipts Tax in accordance with Title 15, Chapter 50 MCA. A. The OWNER will withhold in addition to other amounts withheld as provided by law or as speciﬁed herein, one percent of all payments due to the CONTRACTOR and shall transmit such moneys to the Montana Department of Revenue. 6.04 Final Payment. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00500 – AGREEMENT FORM AGREEMENT FORM 4 A. Upon ﬁnal completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by the ENGINEER as provided in said paragraph 14.07. Article 7. INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the project. Article 8. CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contractor Documents (including all Addenda) listed in Article 9 and the other related data identiﬁed in the Bidding Documents. B. CONTRACTOR has visited the site and become familiar with and is satisﬁed as to the general, local, and site conditions that may aƯect cost, progress, performance, or furnishing of the work. C. CONTRACTOR is familiar with and is satisﬁed as to all federal, state, and local laws and regulations that may aƯect cost, progress, performance, and furnishing of the Work. D. CONTRACTOR has carefully studied all: reports of explorations and tests of subsurface conditions at or contiguous to the site, if any, and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identiﬁed in the Special Provisions as provided in paragraph 4.02 of the General Conditions and reports and drawings of Hazardous Environmental Condition, if any, at the site which has been identiﬁed in the Special Provisions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR’s purpose. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contractor Documents with respect to Underground Facilities at or contiguous to the site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise, which may aƯect cost, progress, performance, or furnishing of the Work or which related to any aspect of the means, methods, techniques, sequences, and procedures of construction to employed by the CONTRACTOR including applying the speciﬁc means, methods, techniques, sequences, ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00500 – AGREEMENT FORM AGREEMENT FORM 5 F. and procedures by the CONTRACTOR, and safety precautions and programs incident thereto. G. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contractor Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contractor Documents. I. CONTRACTOR has correlated the information known to CONTRACTOR observations and obtained information from visits to the site, reports, and drawings identiﬁed in the Contract Documents and all additional examinations, investigations, exploration tests, studies, and data with the Contract Documents. J. CONTRACTOR has given ENGINEER written notice of all conﬂicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. K. The Contract Documents are generally suƯicient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 9. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. This Agreement; 2. Performance Bond; 3. Payment Bond; 4. General Conditions; 5. Special Provisions; 6. Wage Rates; 7. Technical speciﬁcations as listed in Table of Contents of the Project Manual; 8. Drawings bearing the following general titles: Cameron Ave Improvements; 9. Addenda listed on the Bid Form; 10. Exhibits to this Agreement; a. Notice of Award; b. CONTRACTOR’S Executed Bid Form; ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00500 – AGREEMENT FORM AGREEMENT FORM 6 c. Bid Bond; d. Documentation submitted by CONTRACTOR prior to Notice of Award. 11. The following which may be delivered or issue don or after the EƯective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Written Amendments; c. Work Change Directives; d. Change Orders. B. The documents listed in paragraph 9.A. are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modiﬁed, or supplemented as provided in paragraphs 3.04 of the General Conditions. Article 10. MISCELLANEOUS 10.01 Terms. A. Terms used in this Agreement, which are deﬁned in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract. A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and speciﬁcally, but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the eƯect of this restriction may be limited b law), and unless speciﬁcally stated to the contrary in any written consent to the an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns. A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00500 – AGREEMENT FORM AGREEMENT FORM 7 A. Any provision of part of the Contract Documents held to be void or unenforceable under and Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed six copies of Agreement. Three copies have been delivered to OWNER, two to CONTRACTOR, and one to ENGINEER. All portions of the Contract Documents have been signed or identiﬁed by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be eƯective on This Agreement shall not be eƯective unless and until concurred by Funding Agency’s, if any, designated representative. ---PAGE BREAK--- AGREEMENT FORM 8 OWNER: City of Belgrade BY: (Signature) ATTEST: (Signature) Address for giving notices: 91 E Central Ave Belgrade, MT 59714 Phone No. (406) 388-3541 Fax No. (406) 388-4996 (Corporate Seal) If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER- CONTRACTOR Agreement. OWNER’S Designated Representative: Name: Joe Hauck Title: City Engineer Address: 91 E Central Ave Belgrade, MT 59714 Phone No. (406) 388-3568 Fax No. N/A CONTRACTOR: BY: (Signature) ATTEST: (Signature) Address for giving notices: PO Box 1426 Belgrade, MT 59714 Phone No. Fax No. (Corporate Seal) CONTRACTOR Registration No. Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) CONTRACTOR’S Designated Representative: Name: Title: Project Manager Address: Phone No. Fax No. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00610 – PERFORMANCE BOND EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PERFORMANCE BOND 1 PERFORMANCE BOND Contractor Surety Name: Name: Address (principal place of business): Address (principal place of business): Owner Contract Name: City of Belgrade Description (name and location): Mailing address (principal place of business): Pavement Preservation 2025, Belgrade, Montana 91 East Central Avenue Belgrade, Montana 59714 Contract Price: Effective Date of Contract: Bond Bond Amount: Date of Bond: (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☒ None ☐ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: Provide supplemental execution by any additional parties, such as joint venturers. Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00610 – PERFORMANCE BOND EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PERFORMANCE BOND 2 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 Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may 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 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 Paragraph 3.1 will 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 does not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. 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 Paragraph 3.1 does 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 Paragraph 3, the Surety shall 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 Owners 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 Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00610 – PERFORMANCE BOND EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PERFORMANCE BOND 3 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 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 5.4.2 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 Paragraph 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 Paragraph 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. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will 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: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. 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 Paragraph 5; and 7.3. 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 Paragraph 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 will not be reduced or set off on account of any such unrelated obligations. No right of action will 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 must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must 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 ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00610 – PERFORMANCE BOND EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PERFORMANCE BOND 4 under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety, the Owner, or the Contractor must 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 will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will 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 for the Contractor for 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. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modifications to this Bond are as follows: None. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00615 – PAYMENT BOND EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PAYMENT BOND 1 PAYMENT BOND Contractor Surety Name: Name: Address (principal place of business): Address (principal place of business): Owner Contract Name: City of Belgrade Description (name and location): Mailing address (principal place of business): Pavement Preservation 2025, Belgrade, Montana 91 East Central Avenue Belgrade, Montana, 59714 Contract Price: Effective Date of Contract: Bond Bond Amount: Date of Bond: (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☒ None ☐ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: Provide supplemental execution by any additional parties, such as joint venturers. Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00615 – PAYMENT BOND EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PAYMENT BOND 2 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 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 will arise after the Owner has notified the Contractor and the Surety (at the address described in Paragraph 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 Paragraph 3, the Surety shall 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 will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 15..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 15..2. have sent a Claim to the Surety (at the address described in Paragraph 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 Paragraph 13). 6. If a notice of non-payment required by Paragraph 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 Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall 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. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00615 – PAYMENT BOND EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PAYMENT BOND 3 7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will 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 Paragraph 7.1 or 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 will not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will 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 will 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 satisfying 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. 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 will 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 on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or 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 or 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 will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will 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 will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00615 – PAYMENT BOND EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PAYMENT BOND 4 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall 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: 116..1. The name of the Claimant; 116..2. The name of the person for whom the labor was done, or materials or equipment furnished; 116..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; 116..4. A brief description of the labor, materials, or equipment furnished; 116..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; 116..6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 116..7. The total amount of previous payments received by the Claimant; and 116..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 is to include without limitation in the terms of “labor, materials, or equipment” that part of the 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. 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. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00615 – PAYMENT BOND EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. PAYMENT BOND 5 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: None. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00820 – SPECIAL PROVISIONS SPECIAL PROVISIONS 1 SPECIAL PROVISIONS Part 1. General 1.01 City of Belgrade Modiﬁcations to the Montana Public Works Standard Speciﬁcations. A. All work shall be performed in accordance with these speciﬁcations. Applicable sections of the Montana Public Works Standard Speciﬁcations, Sixth Edition 6th), published April, 2010, which by this reference are hereby included as part of this speciﬁcations as modiﬁed herein by the City of Belgrade. 1.01 Award of Contract. A. The award of the Contract, if awarded, will be made in the best interest of the City of Belgrade within the period speciﬁed in the Invitation to Bid. Award will be made to the lowest responsible Bidder whose bid complies with all the requirements prescribed herein. The successful Bidder will be notiﬁed by letter, mailed to the address shown on the bid, that his bid has been accepted and that he has been awarded a Contract. The Bid Schedules may be awarded as a single total combined Contract; may be awarded singly as separate contracts, or in any combination of schedules which result in the lowest project cost to the Owner. 1.03 Time of Commencement and Completion Date. A. The beginning of the Contract Time shall be stated in a written Notice to Proceed written by the 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. The Contract Time will expire automatically at the end of the number of calendar days stated for Contract Time, except as the Contract Time may be extended by change order. A Notice to Proceed may be extended by change order. A Notice to Proceed may be given at any time within thirty (30) days after the EƯective Date of the Agreement. In no event will the Contract Time commence to run later than sixty (60) days after the day of bid opening or the thirtieth (30th) day after the EƯective Date of the Agreement, whichever date is earlier. 1.04 Cost Limitations. A. 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 within the limitations of the funds allocated for this Project. The determination of which items shall be eliminated shall be the responsibility of the OWNER. If the overall contract price changes more than ﬁfteen (15) percent, the CONTRACTOR may elect to withdraw his bid with no penalty. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00820 – SPECIAL PROVISIONS SPECIAL PROVISIONS 2 1.05 Additional Work. A. The OWNER reserves the right to make, in writing, at any time during the Work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project and stay within the project budget. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the CONTRACTOR agrees to perform the work as altered. If additional work or changes in quantity signiﬁcantly change the scope of work, an adjustment will be made to the contract. A signiﬁcant change is deﬁned as an increase in excess of 125% or a decrease below 75% of the original contract quantity item. Any adjustment for an increase in quantity shall apply only to that portion in excess of 125% of the original contract item quantity, or in case of a decrease below 75%, to the actual amount of work performed. 1.06 Names, Products, and Substitutions. A. 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 for both the originally speciﬁed product or material and the proposed product or material. To be eligible for substitution a written narrative to prove the equality of proposed substitutions comparing the originally speciﬁed product or material to the proposed substitution shall be provided justifying that the products are equal. Substitutions shall not be made without the written approval of the OWNER or ENGINEER, acting on their behalf. No substitutions shall be considered until after contract award. 1.07 Approval of Equipment and Material. A. Upon request by the OWNER, the CONTRACTOR shall furnish to the OWNER or its ENGINEER for approval the name of the manufacturer of any equipment or material, 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. 1.08 Bidder’s Qualiﬁcations. A. 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 or she 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 General Superintendent shall be reason for the OWNER to stop all work on the project. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00820 – SPECIAL PROVISIONS SPECIAL PROVISIONS 3 1.09 Warranty. A. 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 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. 1.010 Scheduling. A. Prior to or at the Preconstruction Conference, the CONTRACTOR shall provide the OWNER the following schedules: 1. 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 (Gantt or CPM (Critical Path Method)) format, and shall be submitted as a PDF. A narrative detailing activities, resources, and anticipated issues or delays shall be updated and resubmitted at a minimum, and as necessary to reﬂect project changes. 2. A Payment Schedule showing the anticipated amount of each payment that will become due to the CONTRACTOR in accordance with the Construction Progress Schedule. B. Any review by the OWNER will not relieve the CONTRACTOR from responsibility for completing the work within the Contract Time. It is the CONTRACTOR’S sole responsibility to submit the schedule. The OWNER may request an updated schedule at any time. Failure of the OWNER to request or review the schedule does not waive the schedule submission requirement. 1.011 Preconstruction Conference A. After the contract(s) have been awarded, before the start of construction, a preconstruction conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspection, coordination with City staƯ, 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 aƯected utility companies connected with the project on hand to meet with a representative of the OWNER and ENGINEER to discuss the project and any anticipated problems. 1.012 Shop and Fabrication Drawings A. The CONTRACTOR shall prepare and submit fabrication drawings, mix design information, material testing compliance data, and other data in accordance with the General ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00820 – SPECIAL PROVISIONS SPECIAL PROVISIONS 4 Conditions. Shop drawings shall be submitted for all materials to be utilized in the Work. Following review by the ENGINEER, the CONTRACTOR shall resubmit copies of any drawings which required revision or correction. The ENGINEER shall approval all submittals in writing. B. Any review by the OWNER will not relieve the CONTRACTOR from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operations of any item required under the Contract. Not withstanding 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. 1.013 Permits, Licenses, and Fees. A. The CONTRACTOR shall procure and pay for all fees, permits, licenses, and bonds necessary for the prosecution of the Work and/or required by Municipal, State, and Federal regulations, laws, and ordinance, including those that pertain to permits for transportation of materials and equipment or other operations which are not a speciﬁc requirement of the speciﬁcations. A City of Belgrade Business License and Safety Inspection Certiﬁcate shall be obtained prior to execution of the Contract. All costs related to fees, permits, licenses, and bonds shall be merged and included in the CONTRACTOR’S bid price for the related work. 1.014 Inspection by Public OƯicials. A. Authorized representatives of the OWNER shall have access to the Work wherever it is in preparation or progress. The CONTRACTOR shall provide proper facilities, equipment, and safety measures required for safe access and inspection by authorized representatives of these agencies. 1.015 Underground Utilities. A. The CONTRACTOR shall be responsible for checking with the owners of the underground utilities, such as the City of Belgrade, Gallatin County, power, gas, telecommunications, etc., as to the location of their underground installations in the project area. The CONTRATOR 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. B. It shall be the sole responsibility of the CONTRACTOR to fully coordinate his work with the agencies and to keep them informed of their construction activities so that these vital installations are fully protected at all times. C. A Montana One-Call System (1-[PHONE REDACTED] or 811) has been established to facilitate requests for underground facility location information. The CONTRACTOR is cautioned that all utilities may not participate in this system. 1.016 Easements, Right-of-Ways, and Adjoining Property. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00820 – SPECIAL PROVISIONS SPECIAL PROVISIONS 5 A. The CONTRACTOR shall contain all of his construction operations within the easements and right-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. 1.017 TraƯic Control. A. The CONTRACTOR shall at all times conduct his operations so that there is a minimum interruption in the use of City streets aƯected by the work. Exact procedures in this respect shall be reviewed and approved, in the form of a TraƯic Control Plan (TCP), by the OWNER in advance of construction. The plan shall include speciﬁc details on traƯic detours, estimated duration of closures, details of type, number, and spacing of devices, and other provisions, such as ﬂaggers temporary signals, etc. The TCP shall be submitted at least seven days prior to commencement of the Work. The OWNER or ENGINEER shall provide approval of the TCP in writing. B. Barricade function, design, and construction shall conform to the latest edition of the Manual on Uniform TraƯic Control Devices and the Standard Speciﬁcations for Road and Bridge Construction of the Montana Department of Transportation, latest edition. C. Construction work shall be programmed by the CONTRACTOR so that local traƯic will have continuous access within one block of any given property, unless otherwise approved by the OWNER. It shall be the responsibility of the CONTRACTOR to notify all residents in the programmed work of streets closures, parking requirements and restrictions, and any other notable conditions, a minimum of seventy-two (72) hours prior to beginning work within the aƯected area. Emergency access shall be provided at all times. D. All streets, roads, highways, and other public throughfares which are closed to traƯic shall be protected by means of eƯective barricades on which shall be placed, mounted, or aƯixed acceptable warning signs. Barricades shall be located at the nearest intersecting public street or high way, on all sides of the blocked section. E. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs, and lighting to the extent that adequate public protection is provided. All abrupt grade changes greater than one-inch, which traƯic is required to pass over, and obstruction, including but not limited to material stockpiles and equipment shall be similarly protected, unless located within an approved street closure. F. All barricades and obstructions that are not easily visible at night or periods of low light shall be illuminated by retro-reﬂective markings or warning lights, as required by the OWNER. Illumination shall remain in place from sunset to sunrise. G. All signing, barricades, and other traƯic control devices and measures shall be provided by the Contractor. All provided signing, barricades, and other traƯic control devices shall be 350 and/or MASH compliant. 1.018 Disposal, Erosion, Water Pollution, and Siltation Control. A. The CONTRACTOR is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. When waste materials are disposed of on private property not ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00820 – SPECIAL PROVISIONS SPECIAL PROVISIONS 6 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 erosion control, ﬁll in wet lands, and ﬂoodplains. The CONTRACTOR shall dispose of all refuse and discarded material in an approved location. B. 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, bitumen, raw sewage, and other harmful wastes shall not be discharged into or alongside 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 Environmental Quality, Environmental Protection Agency, and any other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. C. 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 erosion control and groundwater dewatering operations. CONTRACTOR’S responsibility shall include all cleanup, restoration, etc., of any detention, retention, or discharge areas. 1.019 Protection of Existing Pavement A. All equipment shall be ﬁtted with pads on the outriggers, rubber tracks, and/or 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 directed by the ENGINEER. 1.020 Operation of Existing and New Valves. A. All existing City of Belgrade water main and curb stop valves shall be operated by authorized personnel of Belgarde Public Works only. The CONTRACTOR shall not operate any existing valves without the written consent of Belgrade Public Works. When new or existing valves are used to take water from the City of Belgrade distribution system, they shall be operated by Belgrade Public Works personnel only. 1.021 Salvageable Items. A. Any items removed from the existing City of Belgrade water, wastewater, stormwater, or transportation system, under the terms of this contract, shall remain the property of the OWNER and shall be delivered to a site speciﬁed by the OWNER. Should the City of Belgrade choose not to accept any salvageable items, then the CONTRACTOR shall dispose of those items at its expense at a site of landﬁll acceptable to the ENGINEER. Any costs for the above work shall be at the CONTRACTOR’S expense. ---PAGE BREAK--- DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS SECTION 00820 – SPECIAL PROVISIONS SPECIAL PROVISIONS 7 1.022 Access to Records. A. The CONTRACTOR shall allow access to any books, documents, papers, or records which are directly pertinent to this Contract by the OWNER, Local, State, or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts, or transcriptions. 1.023 Insurance. A. Insurance coverages required under this Contract shall extend, at a minimum, to the end of the Contract Time. 1.024 Material Storage Sites. A. The CONTRACTOR shall select and procure material storage sites. Permission to store materials on private property shall be secured in writing, with a copy provided to the ENGINEER. 1.025 Sanitary Provisions. A. The CONTRACTOR shall provide and maintain such sanitary accommodation for use of its employees and those of its subcontractors as may be necessary to comply with the requirements and regulations of the City of Belgrade, Gallatin County Health Department, and Montana Department of Health and Human Services. Part 2. Modiﬁcation to the General Conditions. 2.010 These Special Provisions to the General Contract amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2018 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and eƯect. ---PAGE BREAK--- MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES 2025 Effective: January 11, 2025 Greg Gianforte, Governor State of Montana Sarah Swanson, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ESD at erd.dli.mt.gov/labor-standards or contact: Employment Standards Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59604 Phone [PHONE REDACTED] The department 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 Section 18-2-401, et seq., MCA. It is required 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 rates or by contacting the department at (406) 444-6543. 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 erd.dli.mt.gov/labor-standards or contact the department at (406) 444-6543. SARAH SWANSON Commissioner Department of Labor and Industry State of Montana ---PAGE BREAK--- 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A. Date of Publication 3 B. Definition of Building Construction 3 C. Definition of Public Works Contract 3 D. Prevailing Wage Schedule 3 E. Rates to Use for Projects 3 F. Wage Rate Adjustments for Multiyear Contracts 3 G. Fringe Benefits 4 H. Prevailing Wage Districts 4 I. Dispatch City 5 J. Zone Pay 5 K. Computing Travel Benefits 5 L. Per Diem 5 M. Apprentices 5 N. Posting Notice of Prevailing Wages 5 O. Employment Preference 5 P. Projects of a Mixed Nature 6 Q. Occupations Definitions Website 6 R. Welder Rates 6 S. Foreman Rates 6 BOILERMAKERS 7 BRICK, BLOCK, AND STONE MASONS 7 CARPENTERS 7 CARPET INTALLERS 8 CEMENT MASONS AND CONCRETE FINISHERS 8 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 8 OPERATORS GROUP 2 9 OPERATORS GROUP 3 9 OPERATORS GROUP 4 10 OPERATORS GROUP 5 10 OPERATORS GROUP 6 10 OPERATORS GROUP 7 11 CONSTRUCTION LABORERS LABORERS GROUP 1 11 LABORERS GROUP 2 11 LABORERS GROUP 3 12 LABORERS GROUP 4 12 DRYWALL APPLICATORS 12 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL 13 ELEVATOR CONSTRUCTORS 13 FLOOR LAYERS 14 GLAZIERS 14 HEATING AND AIR CONDITIONING 14 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) 14 IRONWORKERS - REINFORCING IRON AND REBAR WORKERS 15 IRONWORKERS - STRUCTURAL IRON AND REBAR WORKERS 15 MILLWRIGHTS 15 PAINTERS: INCLUDING PAPERHANGERS 15 PILE BUCKS 16 PILOT CAR DRIVERS PLASTERERS 16 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS 17 ROOFERS 18 SHEET METAL WORKERS 18 SOLAR PHOTOVOLTAIC INSTALLERS 19 SPRINKLER FITTERS 20 TAPERS 20 TELECOMMUNICATIONS EQUIPMENT INSTALLERS 21 TERRAZZO WORKERS AND FINISHERS 21 TILE AND STONE SETTERS 21 TRUCK DRIVERS 22 ---PAGE BREAK--- 3 A. Date of Publication January 13, 2025 B. Definition of Building Construction For the purposes of Prevailing Wage, the Commissioner of Labor and Industry has determined that building construction occupations are defined to be those performed by a person engaged in a recognized trade or craft, or any skilled, semi-skilled, or unskilled manual labor related to the construction, alteration, or repair of a public building or facility, and does not include engineering, superintendence, management, office or clerical work. The Administrative Rules of Montana (ARM), 24.17.501(2) – 2(c), states “Building construction projects generally are the constructions of sheltered enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving. Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings (5 stories and above), arenas (closed), auditoriums, automobile parking garages, banks and financial buildings, barracks, churches, city halls, civic centers, commercial buildings, court houses, detention facilities, dormitories, farm buildings, fire stations, hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums, motels, museums, nursing and convalescent facilities, office buildings, out-patient clinics, passenger and freight terminal buildings, police stations, post offices, power plants, prefabricated buildings, remodeling buildings, renovating buildings, repairing buildings, restaurants, schools, service stations, shopping centers, stores, subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc.” C. Definition of Public Works Contract Section 18-2-401(11)(a), MCA defines “public works contract” as contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000…”. D. Prevailing Wage Schedule This publication covers only Building Construction occupations and rates. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Heavy Construction, Highway Construction, and Nonconstruction Services occupations can be found on the internet at standards/state-prevailing-wage-rates/ or by contacting the department at (406) 444-6543. E. Rates to Use for Projects ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.” F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states: Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection the standard prevailing rate of wages to be paid to the workers performing the contract. The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” ---PAGE BREAK--- 4 G. Fringe Benefits Section 18-2-412, MCA states: To fulfill the obligation...a contractor or subcontractor may: pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or make payments using any combination of methods set forth in subsections and 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 for the particular type of work being performed. The fringe benefit fund, plan, or program described in subsection must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Prevailing Wage Districts Montana counties are aggregated into 4 districts for the purpose of prevailing wage. The prevailing wage districts are composed of the following counties: ---PAGE BREAK--- 5 I. Dispatch City ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula and Sidney.” A dispatch city shall be considered the point of origin only for jobs within the counties identified in that district (as shown below): District 1 – Kalispell and Missoula: includes Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders; District 2 – Butte and Helena: includes Beaverhead, Broadwater, Deer Lodge, Glacier, Granite, Jefferson, Lewis and Clark, Liberty, Madison, Pondera, Powell, Silver Bow, Teton, and Toole; District 3 – Bozeman and Great Falls: includes Blaine, Cascade, Chouteau, Fergus, Gallatin, Golden Valley, Hill, Judith Basin, Meagher, Park, Petroleum, Phillips, Sweet Grass, and Wheatland; District 4 – Billings, Miles City and Sidney: includes Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Musselshell, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Treasure, Valley, Wibaux, and Yellowstone. J. Zone Pay Zone pay is not travel pay. ARM, 24.17.103(25), defines zone pay as amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.” See section I above for a list of dispatch cities. K. Computing Travel Benefits ARM, 24.17.103(23), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section I above for a list of dispatch cities. L.Per Diem ARM, 24.17.103(19), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer.” M. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. N. Posting Notice of Prevailing Wages Section 18-2-406, MCA provides that contractors, subcontractors and employers who are “…performing work or providing construction services under 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 and fringe benefits to be paid to the employees.” O. Employment Preference Sections 18-2-403 and 18-2-409, MCA requires contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. ---PAGE BREAK--- 6 P. Projects of a Mixed Nature Section 18-2-418, MCA states: The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” Q. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm R. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. S. Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. ---PAGE BREAK--- 7 WAGE RATES BOILERMAKERS No Rate Established Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, and pressure vessels. ↑ Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit District 1 $33.81 $18.06 District 2 $33.81 $18.06 District 3 $33.81 $18.06 District 4 $33.81 $18.06 Travel: All Districts 0-70 mi. free zone >70-90 mi. $60.00/day >90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit District 1 $30.24 $14.33 District 2 $30.24 $14.33 District 3 $30.24 $14.33 District 4 $30.24 $14.33 Duties Include: Install roll and batt insulation, and hardwood floors. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CARPET INSTALLERS No Rate Established Duties Include: Lay and install carpet from rolls or blocks on floors. Install padding and trim flooring materials. ↑ Back to Table of Contents ---PAGE BREAK--- 8 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit District 1 $37.54 $17.04 District 2 $37.54 $17.04 District 3 $37.54 $17.04 District 4 $26.39 $17.04 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Travel and Per Diem: All Districts 0-30 mi free zone 30-60 mi base pay+2.95/hr. >60 mi base pay+4.75/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit District 1 $27.20 $15.20 District 2 $30.03 $13.63 District 3 $32.36 $13.38 District 4 $32.36 $13.15 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay District 2 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Districts 3 and 4 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents ---PAGE BREAK--- 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit District 1 $30.82 $13.55 District 2 $31.76 $13.42 District 3 $31.40 $14.15 District 4 $28.60 $11.70 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self- Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay District 2 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Districts 3 and 4 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit District 1 $33.45 $12.53 District 2 $33.40 $13.65 District 3 $34.16 $13.82 District 4 $31.51 $13.88 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck, Articulating Trucks, Vac Truck. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay Districts 2 - 4 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents ---PAGE BREAK--- 10 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit District 1 $35.67 $13.45 District 2 $35.67 $13.75 District 3 $34.23 $14.31 District 4 $35.67 $14.34 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay Districts 2 - 4 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit District 1 $35.05 $14.76 District 2 $36.77 $14.95 District 3 $36.77 $15.02 District 4 $36.77 $15.11 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay Districts 2 - 4 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit District 1 $37.86 $16.50 District 2 $37.86 $16.50 District 3 $37.86 $16.50 District 4 $37.20 $16.55 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents ---PAGE BREAK--- 11 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit District 1 $38.96 $16.35 District 2 $38.96 $16.31 District 3 $38.96 $16.50 District 4 $38.96 $16.31 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit District 1 $24.55 $12.00 District 2 $24.55 $12.00 District 3 $24.55 $12.00 District 4 $24.55 $12.00 Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit District 1 $22.44 $7.71 District 2 $24.72 $11.38 District 3 $28.46 $12.00 District 4 $24.43 $9.44 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ↑ Back to Table of Contents ---PAGE BREAK--- 12 CONSTRUCTION LABORERS GROUP 3 Wage Benefit District 1 $25.55 $12.00 District 2 $25.55 $12.00 District 3 $25.55 $12.00 District 4 $25.55 $12.00 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit District 1 $26.48 $11.57 District 2 $25.60 $12.00 District 3 $25.60 $12.00 District 4 $25.60 $12.00 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ↑ Back to Table of Contents DRYWALL APPLICATORS No Rate Established Duties Include: Drywall and ceiling tile installation. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents ---PAGE BREAK--- 13 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL Wage Benefit District 1 $36.88 $15.78 District 2 $36.00 $15.87 District 3 $36.50 $16.76 District 4 $40.00 $16.95 Duties Include: Electrical wiring; equipment and fixtures; street lights; electrical control systems. Installation and/or adjusting of building automation controls also during testing and balancing, commissioning and retro-commissioning. Travel: District 1 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-15 mi. free zone >15-45 mi. $0.585/mi. in excess of the free zone. >45 mi. $75.00/day Districts 2 & 3 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-08 mi. free zone >08-50 mi. current federal mileage rate/mi. in excess of the free zone. >50 mi. $71.57/day District 4 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. Per Diem District 4 >60 mi. $80.00/day Per Diem in Big Sky and West Yellowstone $125/day. ↑ Back to Table of Contents ELEVATOR CONSTRUCTORS Wage Benefit District 1 $64.87 $46.38 District 2 $64.87 $46.38 District 3 $64.87 $46.38 District 4 $64.87 $46.38 Travel: All Districts 0-15 mi. free zone >15-25 mi. $49.73/day >25-35 mi. $99.45/day >35 mi. $112.90/day Special Provision: .93/mile when added to amounts above if using employee vehicle. ↑ Back to Table of Contents ---PAGE BREAK--- 14 FLOOR LAYERS No Rate Established Apply blocks, strips, or sheets of shock-absorbing, sound- deadening, or decorative coverings to floors. ↑ Back to Table of Contents GLAZIERS Wage Benefit District 1 $24.13 $3.66 District 2 $24.13 $3.66 District 3 $24.13 $3.66 District 4 $23.73 $4.02 Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit District 1 $32.95 $14.16 District 2 $33.15 $15.35 District 3 $34.69 $16.88 District 4 $35.76 $18.44 Duties Include: Testing and balancing, commissioning and retro- commissioning of all air-handling equipment and duct work. All Districts 0-45 mi. free zone >45 mi. • $0.25/mi. in employer vehicle. • $0.65/mi. in employee vehicle. Per Diem: All Districts $85/day ↑ Back to Table of Contents INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit District 1 $43.81 $21.99 District 2 $43.81 $21.99 District 3 $43.81 $21.99 District 4 $43.81 $21.99 Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: 0-30 mi. free zone >30-40 mi. $25.00/day >40-50 mi. $35.00/day >50-60 mi. $45.00/day >60 mi. $130.00/day plus • $0.56/mi. if transportation is not provided.  $0.20/mi. if in company vehicle. ↑ Back to Table of Contents ---PAGE BREAK--- 15 IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit District 1 $36.83 $26.92 District 2 $34.83 $24.68 District 3 $34.83 $25.37 District 4 $34.16 $25.83 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit District 1 $34.94 $26.37 District 2 $34.83 $25.37 District 3 $34.83 $25.37 District 4 $34.83 $25.37 Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. ↑ Back to Table of Contents MILLWRIGHTS Wage Benefit ↑ Back to Table of Contents PAINTERS: INCLUDING PAPERHANGERS Wage Benefit District 1 $29.40 $21.48 District 2 $20.30 $21.48 District 3 $29.40 $21.48 District 4 $26.64 $21.48 Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents District 1 District 2 District 3 District 4 $40.45 $40.45 $40.45 $40.45 $21.25 $21.25 $21.25 $21.25 ---PAGE BREAK--- 16 PILE BUCKS No Rate Established Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed and direction of swing. Cut piles to grade. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PILOT CAR DRIVERS No Rate Established ↑ Back to Table of Contents PLASTERERS No Rate Established Duties Include: All materials beyond the substrate, such as a moisture barrier, any type of drainage installation between the moisture barrier and insulation or EPS board, the attachment of the EPS board, installation of fiberglass mesh embedded in the base coat, any water-resistant coat that is applied on top of the insulation to serve as a weather barrier, and the application of the finish coat. ↑ Back to Table of Contents ---PAGE BREAK--- 17 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit District 1 $40.90 $17.47 District 2 $44.90 $17.47 District 3 $44.90 $17.47 District 4 $40.90 $20.86 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro- commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. Travel: Disrict 1 0-30 mi. free zone >30-50 mi. $35.00/day >50-75 mi. $45.00/day >75 mi. $100.00/day Special Provision If transportation is not provided, mileage at $0.35/mi. for one trip out and one trip back is added to the amounts above. However, if the employee is traveling more than 75 miles/day, only subsistence at the rate of $85.00/day is required. Districts 2 & 3 0-45 mi. free zone >45 mi. • $0.00/mi. in employer vehicle. • $0.65/mi. in employee vehicle. Special Provision: At the contractors’ option, mileage for one trip out and one trip back per week may be paid plus subsistence at the rate of $135.00/day. District 4 0-70 free zone >70 mi. • On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn’t provide transportation. Not to exceed two trips. • On jobs when employees work any number of consecutive days: $110.00/day. ↑ Back to Table of Contents ---PAGE BREAK--- 18 ROOFERS Wage Benefit District 1 $32.97 $9.40 District 2 $32.97 $9.40 District 3 $32.97 $9.40 District 4 $25.08 $5.19 Duties Include: Metal roofing, covers roofs, walls and foundations with water proofing, insulation and vapor barriers in addition to metal flashings. Roofing includes shingles, low slope membranes, metal roofs, insulation, spray foam, coatings and vapor barriers. Wall coverings include metal panels, insulated metal panels and other waterproofing or rain screen systems. Foundation systems include waterproofing and insulation. Excludes prefabricated metal buildings. Travel: District 1 0-50 mi. free zone >50 mi. • $0.00/mi. in employer vehicle. • $0.35/mi. in employee vehicle. District 2 and 3 0-35 mi. free zone >35 mi. • $0.00/mi. in employer vehicle. • $0.40/mi. in employee vehicle. District 4 0-50 mi. free zone >50 mi. • $0.00/mi. in employer vehicle. • $0.35/mi. in employee vehicle. Per Diem: ↑ Back to Table of Contents SHEET METAL WORKERS Wage Benefit District 1 $38.14 $21.61 District 2 $38.14 $21.61 District 3 $38.14 $21.61 District 4 $38.14 $21.61 Duties Include: Testing and balancing, commissioning and retro- commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, dismantling, and alteration of all HVAC systems, air conveyer systems, and exhaust systems. All lagging over insulation and all duct lining. ↑ Back to Table of Contents District 1 $84.00/day District 2 and 3 Employer pays for room + $30.00/day. District 4 Employer pays for room + $25.00/day. All Districts 0-45 mi. free zone 46-65 mi. $35/day >65 mi. $155/day for overnight stay >65 mi. if employee is driving/riding in a company vehicle and returns home the same day, drive time shall be paid both ways, and no subsistence paid. Drive time will be at straight time and there shall be no benefits paid for drive time. Drive time will be outside the regular shift. ---PAGE BREAK--- 19 SOLAR PHOTOVOLTAIC INSTALLERS Travel: Districts 1, 2 and 3 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-08 mi. free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $60.57/day District 4 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day ↑ Back to Table of Contents SPRINKLER FITTERS Wage Benefit District 1 $44.11 $32.36 District 2 $44.11 $23.55 District 3 $38.70 $20.37 District 4 $44.11 $21.97 Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines, tanks, and pumps used in connection with sprinkler and alarm systems. Travel All Districts The following travel allowance is applicable when traveling in employee’s vehicle. 0-60 mi. free zone >60-80 mi. $19.00/day >80-100 mi. $29.00/day >100 mi. $105.00/day + the IRS rate per mile and $8.92 for every 15 miles traveled for one trip out and one trip back No travel allowance required when in employer’s vehicle except when staying the night. ↑ Back to Table of Contents Wage Benefit District 1 $36.50 $16.76 District 2 $36.50 $16.76 District 3 $36.50 $16.76 District 4 $36.50 $16.76 ---PAGE BREAK--- 21 Travel and Per Diem: All Districts No travel or per diem established. Travel: All Districts The federal mileage rate/mi. in effect when travel occurs if using own vehicle. Per Diem: All Districts Employer pays for meals and lodging up to $75.00/day. When jobsite is located in Big Sky, West Yellowstone, and Gardiner, lodging and meals will be provided by the employer for all actual and reasonable expenses incurred. Travel and Per Diem No travel or per diem established. TAPERS No Rate Established ↑ Back to Table of Contents TELECOMMUNICATIONS EQUIPMENT INSTALLERS Duties Include: Install voice; sound; vision and data systems. This occupation includes burglar alarms, fire alarms, fiber optic systems, and video systems for security or entertainment ↑ Back to Table of Contents TERRAZZO WORKERS AND FINISHERS No Rate Established Duties Include: Finish work on hard tile, marble, and wood tile to floors, ceilings, and roof decks ↑ Back to Table of Contents TILE AND STONE SETTERS No Rate Established Duties Include: Apply hard tile, stone, and comparable materials to walls, floors, ceilings, countertops, and roof decks. ↑ Back to Table of Contents Wage Benefit District 1 $39.66 $14.43 District 2 $22.00 $11.06 District 3 $22.00 $11.27 District 4 $22.00 $11.27 ---PAGE BREAK--- 22 TRUCK DRIVERS Pilot Car Driver No Rate Established Wage Benefit District 1 $23.68 $ 7.67 District 2 $23.80 $ 6.13 District 3 $23.80 $ 6.13 District 4 $23.68 $ 7.67 Truck drivers include but are not limited to: Combination Truck & Concrete Mixer; Distributor Driver; Dry Batch Trucks; DumpTrucks & Similar Equipment; Flat Trucks; Lowboys, Four-Wheel Trailers, Float Semitrailer; Powder Truck Driver (Bulk Unloader Type); Servicemen; Service Truck Drivers, Fuel Truck Drivers, Tiremen; Trucks with Power Equipment; Truck Mechanic; Water Tank Drivers, Petroleum Product Drivers. Zone Pay: All Districts No zone pay established. ↑ Back to Table of Contents ---PAGE BREAK--- DIVISION 1 GENERAL REQUIREMENTS ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 1 SUMMARY OF WORK Part 1. General 1.01 Work Covered by Contract Documents. The following sections generally describe the Work. Exact quantities of unit price items are identiﬁed on the Bid Form. Detailed technical speciﬁcations in the construction drawings take precedence over these general descriptions in the case of any conﬂicts. 1.02 General. A. The Pavement Preservation 2025 project consists of an asphalt overlay on Park Avenue, Central Avenue, Peterson Avenue, 11th Street, 10th Steet, 9th Street, and Biehl Drive, in Belgrade, Montana. Additional work includes adjusting water valve boxes and sanitary sewer manholes in conjunction with the asphalt overlay. B. Minimize Public Impacts. 1. The CONTRACTOR shall schedule the Work to minimize inconvenience to the OWNER and to adjacent property owners and to minimize interruptions to the travelling public. This shall include minizine obstructions to local traƯic. Close coordination will be required between the CONTRACTOR, OWNER, ENGINEER, and utility service companies, Belgrade Police Department, Central Valley Fire Department, Belgrade School District No. 44, and other entities. 2. The CONTRACTOR shall be responsible for coordination of public notiﬁcation of residences and businesses aƯected by the daily work activities. Notiﬁcation shall be provided at least seventy-two (72) hours in advance of the Work. Notiﬁcation notices shall provide the construction schedule, contact numbers of both the CONTRACTOR and ENGINEER, and brief description of the work to be performed. Notices shall be approved by the ENGINEER prior to issuance. The CONTRACTOR shall work closely with the ENGINEER in coordinating and scheduling work. 3. The schedule of the Work shall be provided to the ENGINEER at the beginning of each week and upon any changes, the CONTRACTOR shall immediately notify the ENGINEER. 1.03 Preliminary Matters. A. Survey Markers and Monuments. 1. The CONTRACTOR shall protect and not disturb any survey markers or monuments, such as lot or block corners, property pins, section corners, or section breakdown ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 2 corners. Any survey marker or monument that is disturbed or destroyed by the CONTRACTOR shall be replaced at no cost to the OWNER by a licensed Professional Land Surveyor (PLS) at the CONTRACTOR’s expense. The CONTRACTOR shall engage the services of a PLS to tie the existing corner prior to construction, to punch the corner location on the new monument following construction, and to ﬁle a Certiﬁed Corner Recordation form with the Gallatin County Clerk and Recorder. Care shall be taken not to disturb the survey monument following installation. 1.04 Project Coordination. A. Use of Premises. 1. The CONTRACTOR shall conﬁne his operations to existing right-of-way, easements, and designated construction corridors at the site of the proposed Work. B. Security. 1. CONTRACTOR shall be responsible for the security of all materials, equipment, tools, etc. used on the project. All materials which can be easily removed shall be stored in a locked building provided by the CONTRACTOR. All material inventoried and in storage, which has been paid for on progress payments, shall in the OWNER’S possession and stored on-site or at a secure location acceptable to the OWNER and ENGINEER. C. Utility Service. 1. The OWNER has initiated the utility application for services and will pay the utility companies directly for the utility installations. The CONTRACTOR shall be responsible for coordinating all electrical, natural gas, and telecommunications services to the respective project sites with the construction operations and scheduling needs. D. Construction Staking. 1. The ENGINEER shall provide primary survey control. CONTRACTOR shall be responsible for ﬁeld staking of the facilities. E. Stored Materials. 1. It is understood that the responsibility for protection and safekeeping of equipment and materials on or near the site shall be solely the responsibility of the CONTRACTOR and that no claim shall be made against the OWNER by reason of any act of an employee or trespasser. No materials or equipment shall be placed upon the property of the OWNER until the OWNER has agreed to the location proposed by the CONTRACTOR to be used for storage. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 3 i. Subject to the Contract conditions, project funding will allow for payment for Materials in Storage for some or all of materials to be used in this project, as approved by the ENGINEER. 2. The CONTRACTOR shall be solely responsible for obtaining and shall pay all costs in connection with any additional work area, storage sites, access to the site, or temporary right-of-way, which may be required for completion of the Work. 1.05 Materials and Equipment. A. Completion of Work. It is understood that, except as otherwise speciﬁcally stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the speciﬁc time. B. CONTRACTOR Responsibilities. Materials and equipment shall be so stored to ensure the preservation of their quality and ﬁtness for the Work. Stored materials and equipment to be incorporated into the Work shall be located so as to facilitate prompt inspection. The CONTRACTOR shall be responsible for the condition of all materials which it has furnished and shall replace at its own expense all such material found to be defective or which has been damaged after delivery. This includes the replacement of material which is found to be defective at any time prior to expiration of the guarantee or warranty period. C. Manufacturer’s Recommendation. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer. D. Samples. Materials, supplies, and equipment shall be in accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER. 1.06 Existing Facilities. A. Protection of Existing Utilities. The existing Underground and Overhead Facilities such as water mains, gas mains, sanitary sewers, communications lines, power lines, and buried structures in the vicinity of the Work to be done hereunder are not indicated on the drawings. The only existing utilities that have been indicated in the drawings are those sanitary sewer manholes and water valves ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 4 expected to be impacted by the Work. These utility features have been identiﬁed only to the extent such information has been made available to or discovered by the ENGINEER in preparing the drawings. There is no guarantee as to the accuracy or completeness of such information, and all responsibility for the accuracy and completeness thereof is expressly disclaimed. The CONTRACTOR shall use its own information and shall not rely solely upon information shown on the drawings concerning existing Underground Facilities. The CONTRACTOR shall protect all Underground and Overhead Facilities during the Work and repair all damage to existing Underground and Overhead Facilities or property to the satisfaction of the Facility’s owner or property owner at its own expense. If any existing Underground Facilities or utilities not shown on the drawings are located so that it interferes with the Work in either alignment or grade and has to be moved or otherwise modiﬁed, such work shall be done by the CONTRACTOR, and adjustment in payment will be made according to the General Conditions. Except as stated above, any delay, additional work, or extra cost to the CONTRACTOR caused by existing Underground Facilities shall not constitute a claim for extra work, additional payment, or damages. Privately owned utilities, such as gas mains, underground electrical, communications lines, telephone poles, luminaire poles, etc., required to be moved to make way for new construction will be moved by others unless designated otherwise on the plans. Temporary service shall be provided by the CONTRACTOR during any period when utility lines are disturbed unless the CONTRACTOR makes other arrangements with the utility users and of existing utility lines, if interrupted, shall be restored as quickly as possible. Do not interrupt existing utility services without written permission from the ENGINEER. The CONTRACTOR shall coordinate with the utility owners for the protection or adjustment of existing utilities in the vicinity of the Work and shall have utility company representatives present when necessary to support utility poles or buried utility lines while working adjacent to such utilities. The CONTRACTOR shall pay all costs associated with having utility owner representatives on the site for this work and shall include these costs in the Bid Price for related items of work. The CONTRACTOR shall utilize the Montana One Call system (1-800- 424-5555 or 811), as required for any excavation work. Additional utility contact numbers include but may not be limited to the following: 1. The OWNER, ENGINEER, and Northwestern Energy personnel shall be notiﬁed at least forty-eight (48) hours in advance of exposing utilities owned by Northwestern Energy. Utilities are not to be backﬁlled until Northwestern Energy personnel have physically inspected each crossing to ensure the utilities are not damaged prior to backﬁlling. Alterations to these requirements shall be arranged with Northwestern ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 5 Energy, OWNER, and ENGINEER in writing. Contacts: (406) 454-7117 or (406) 454- 7137. 2. City of Belgrade Public Works personnel shall be notiﬁed at least forty-eight (48) hours in advance of exposing utilities owned by the City. Contact: (406) 388-3566 or [EMAIL REDACTED]. B. Protection of Existing Structures. Where construction will be required to be adjacent to existing structures, the CONTRACTOR shall be solely responsible to maintain the structural integrity of the existing structures. The CONTRACTOR shall take whatever means necessary to ensure that the existing structure is not damaged and, if necessary, shall install shoring or sheet piling or change the size or type of construction equipment. CONTRACTOR shall not use the existing features as anchors to fasten ropes, chains, or guys without prior written approval. The CONTRACTOR shall repair all damage to the existing structures at its own expense. Any fences, mailboxes, or other structures disturbed during construction shall be repaired to the satisfaction of the OWNER. Any delay, additional work, or extra cost to the CONTRACTOR caused by existing structures shall not constitute a claim for extra work, additional payment, or damages. Unless otherwise noted on the Construction Drawings, all existing ditches disturbed by construction shall be restored to their original size, alignment, and grade. C. Damage to Existing Property. The CONTRACTOR will be held strictly responsible for all damage to persons or property that occur as a result of his fault or negligence. The CONTRACTOR shall notify the ENGINEER and the property owner of any damage, which is its responsibility. In order to adequately protect the OWNER against claims, demands, or liabilities arising out of the CONTRACTOR’S construction operations under this Contract, the ENGINEER may withhold such sums as it deems appropriate from progress payments due to the CONTRACTOR until the matter is settled. The OWNER may withhold ﬁnal payment until the CONTRACTOR presents evidence which is satisfactory to the OWNER that all proper claims which are the responsibility of the CONTRACTOR have been settled. All damage to existing property shall be repaired to the satisfaction of the ENGINEER, at no cost to the OWNER. 1.07 Environmental Controls. A. Keep project neat, orderly, and in a safe condition at all times. Provide on-site containers for collection of rubbish and refuse and dispose of it at frequent intervals during the progress of Work. No burning of debris will be permitted. No rubbish or refuse shall be disposed of in trenches or excavations. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 6 B. The CONTRACTOR shall sweep paved areas and water unpaved, dry areas as deemed necessary by the ENGINEER to control dust, speciﬁcally on detour routes. The ENGINEER may require application of Magnesium Chloride or similar chemical dust control treatment. The CONTRACTOR shall be responsible for all costs of dust control. C. The CONTRACTOR shall submit an erosion control plan to the ENGINEER. The CONTRACTOR shall place straw wattles, silt fence, and/or other erosion control devices and best management practices around inlets, in drainage swales, at stockpiles, and other erosion-prone locations to control soil erosion until vegetation is restored. D. Keep volatile wastes in covered containers. E. CONTRACTOR shall dispose of all oil and petroleum products in an appropriate manner oƯ- site. This requirement shall also include any and all materials used for clean-up of such materials. F. Tracked soil or mud onto existing roadways is to be cleaned by the CONTRACTOR regularly and to the satisfaction of the ENGINEER. G. Nigh work shall only be allowed with the written approval of the OWNER. Emergency work may be completed without prior permission, however, the OWNER shall be notiﬁed as soon as practicable. H. All work shift times of the prime CONTRACTOR and its SUBCONTRACTORS shall coincide with each other to prevent extending the total hours of work in a single day. I. To minimize construction noise impacts to local residents, no construction activities will be allowed between the hours of 10:00 p.m. and 6:00 a.m., unless explicitly approved by the OWNER in writing. J. The CONTRACTOR is advised that should it request a prolonged adverse weather shutdown (i.e. winter shutdown) and should such a shutdown be approved by the OWNER, all Work on the Project shall cease. CONTRACTOR shall be issued a Suspend Work Order when the Work stops and a Resume Work Order when the Work commences. The time associated with this Suspension of Work will not be assessed against the Contract Time. The ENGINEER will not be available for inspection of the Work during such shutdowns and any Work completed by the CONTRACTOR during such as shutdown shall not be accepted by the ENGINEER. In no case will an adverse weather shutdown be approved by the OWNER when construction work is only partially completed and left in a non-functional or unsafe condition. Where the OWNER approves a shutdown, the CONTRACTOR shall restore all utility services to users and reopen all roadways and accesses in the Project area. The CONTRACTOR shall provide periodic road maintenance during any shut down period. Materials for this maintenance shall be consistent with the conditions of the roadway. Paved streets shall be maintained with cold mix, and gravel streets shall be maintained with ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 7 gravel, each of thicknesses satisfactory to carry the traƯic without development of surface irregularities. Any costs related to the road maintenance of the above will be the responsibility of the CONTRACTOR. Should adverse weather require a shutdown of the work by the OWNER or the CONTRACTOR, CONTRACTOR shall be responsible for any and all costs associated with the shutdown including but not limited to restoration of all utility services, restoration of streets and alleys to provide access during shutdown period, periodic road maintenance during shutdown period, demobilization, remobilization, and lost overhead and proﬁt to the CONTRACTOR and any subcontractors. 1.08 Disposal of Rubbish. Any stones, trees, brush, pipe, concrete or other deleterious material left by construction operations shall be disposed of legally at a permitted landﬁll, or private disposal facilities if arrangements are made by the CONTRACTOR and approved by the ENGINEER. 1.09 Air and Water Pollution Control. A. CONTRACTOR shall take all necessary reasonable measures to reduce air and water pollution by any material or equipment used during construction as well as pollution from the construction sites and equipment storage and service areas. Measures to be used include providing dust abatement measures for construction activity. CONTRACTOR shall comply with all applicable water pollution control regulations that are in eƯect at the time of the Bid Opening. Required measures include the ﬁling of a Notice of Intent with the State Department of Environmental Quality, and the preparation and submittal to DEQ of a Stormwater Pollution Prevention Plan if required to comply with stormwater runoƯ regulations. The cost of all Pollution Control is to be included in the price of the contract. Disturbance of existing vegetation is to be minimized by construction activity. Reclamation of disturbed surfaces is to comply with speciﬁcations. B. No burning of debris will be permitted inside the City limits. Burning is only allowed with proper permits. C. CONTRACTOR shall not dispose of volatile wastes or oils in storm or sanitary drains, nor allow such materials to reach natural waters. Do not allow waste materials to be washed into the bed of a stream. D. When excavations are made, CONTRACTOR shall immediately utilize resultant loose earth by backﬁlling and compacting in place, or dispose of it oƯ the site. E. Wetlands: CONTRACTOR shall follow all conditions stated in the Army Corps of Engineers 401/404 permit, enclosed in the appendices. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 8 E. CONTRACTOR shall utilize straw wattles, silt fences, run-on and run-oƯ control berms or ditches, or other measures as necessary to comply with his Pollution Prevention Plan, and other applicable regulations. 1.10 Fire Prevention and Protection. A. CONTRACTOR shall take all necessary precautions to prevent ﬁre during construction. Provide adequate ventilation during use of volatile or noxious substances. B. CONTRACTOR shall equip all gasoline or diesel-powered equipment used in potential ﬁre locations with spark arresters. C. Smoking within buildings or temporary storage sheds is prohibited. No welding or cutting by torch shall be performed unless adequate ﬁre protection is provided and maintained for the duration of the Work in the area of operations. D. Provide and maintain suitable ﬁre protection equipment. Furnish a minimum of one UL Class 2A, 2-1/2-gallon water-type, pressure extinguisher, and one UL Class 10, Type I, 15- pound B:C carbon dioxide extinguisher. 1.11 Construction at Existing Watercourses and Utilities. Where the Work to be performed under these speciﬁcations crosses or otherwise interferes with water or sewer pipelines; buried cable; or other public or private utilities, or with artiﬁcial or natural watercourses, the CONTRACTOR shall provide for such construction during the progress of the Work so that no damage will result to either public or private interests. Utility crossings, including underground lines, are shown on the drawings. However, the ENGINEER does not represent that the locations of utility crossings shown on the drawings are exact. It shall be the responsibility of the CONTRACTOR to determine the actual locations of and make provisions for crossing all watercourses and utilities. Before any utility is taken out of service, permission shall be obtained from the ENGINEER. The CONTRACTOR shall be liable for all damage that may result from failure to provide for such utilities during the progress of the Work. 1.12 Undiscovered and Undocumented Historic Properties Encountered During Construction. Adhere to the following procedures for all undiscovered and undocumented historic properties encountered during construction. For all unknown and undocumented historic properties discovered during remedial activities, stop construction activities in the immediate area of the ﬁnd to the extent such stoppage will not create an undue risk of harm to human health or the environment and immediately notify ENGINEER. OWNER will then contact the Community Historic Preservation OƯicer, a qualiﬁed historian, or an archaeologist to examine the ﬁnd, verify its signiﬁcance, and conduct preliminary recordation, as necessary. Within a ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 9 maximum of four hours of the identiﬁcation of a historic property judged to be signiﬁcant, all participating parties to this Contract will be notiﬁed. A representative of the State Historical Preservation OƯice (SHPO) will visit the discovery to recommend how the historic property should be treated. Options include avoidance, mitigation on-site, mitigation oƯ-site, or additional recordation. Within one business day, Owner will consider the ﬁndings of the EPA, tribal authorities, the Community Historic Preservation OƯicer or archeologist/historian, and the recommendations of SHPO and make a ﬁnal determination on actions to be taken. OWNER will consult with all parties involved in the construction activities and SHPO before ﬁnalizing their decision. All decisions will be documented to the parties to this Contract by OWNER and become part of the record. All OWNER decisions are ﬁnal. 1.13 Temporary Controls. A. Temporary service shall be provided by the CONTRACTOR during any period when utility lines are disturbed unless the CONTRACTOR makes other arrangements with the utility users and owners that are satisfactory to said users and owners. Service of existing utility lines, if interrupted, shall be restored as quickly as possible. Service of domestic water lines and sewer lines shall not be interrupted for a period of more than six hours, unless otherwise approved by the ENGINEER in writing. CONTRACTOR shall be solely responsible for notiﬁcation of those individuals aƯected by being out of service and for temporary connections, if needed. 1.14 Construction and Testing Water. A. Construction water required for compaction of embankments, subgrade, and gravel courses, paving, cleanup, or any other construction related work shall be supplied by the CONTRACTOR at CONTRACTOR’s expense. 1.15 Contract Close-Out. A. The CONTRACTOR shall clean the streets to the same or cleaner condition than prior to the start of construction. The cost of cleaning shall be incidental to and included in other items of the Work. The work zone shall be complete, clean, and street marking reapplied to the satisfaction of the OWNER prior to acceptance of the work zone and prior to opening of the street to normal traƯic ﬂow. No washing of the streets shall be allowed to discharge into sanitary sewer or storm sewer. B. A reconciling change order to show ﬁnal in-place quantity overruns and under runs will be prepared before ﬁnal payment to the CONTRACTOR. The unit prices will remain unchanged. This reconciling change order will have to be prepared before authorization of ﬁnal payment to the CONTRACTOR. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF WORK SUMMARY OF WORK 10 1.16 Record Drawings. A. The CONTRACTOR's superintendent or its designated representative shall maintain, at the project site, a "Record Set of Drawings" showing ﬁeld changes, as-built elevations, unusual conditions and utilities encountered during construction, dimensions to exposed features both for depth below ﬁnished grade and horizontal distance from a permanent surface feature, manufacturer's catalog number of equipment supplied, and other data as required to provide the OWNER with an accurate "as-constructed" set of Drawings. Record drawings shall be maintained on a full-size plan set in a neat and legible condition. Drawing set shall not be used for construction purposes and shall be available for review by the Resident Project Representative at the job site during normal working hours. Use red erasable colored pencils to annotate record drawings. B. Prior to approval of each successive Progress Payment, CONTRACTOR will be asked to update and present the record drawing set to the ENGINEER or ENGINEER’s ﬁeld representative prior to ENGINEER approving the pay request. An approval by the ENGINEER shall not be given on the ﬁnal payment request until complete record drawings are submitted to the ENGINEER. Final record drawings from the CONTRACTOR shall be submitted at least seven days before the ﬁnal progress payment to allow time to review the drawing for completeness. Failure to submit record drawings in a timely manner, as described, may delay approval of ﬁnal progress payment. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01020 – MODIFICATIONS TO MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS MODIFICATIONS TO MONTANA PUBLIC WORKS STANDARDS SPECIFICATIONS 1 MODIFICATIONS TO MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS Part 1. General This section includes modifications and/or supplements to Divisions 1, 2, and 3 of the Montana Public Works Standard Specifications Sixth Edition, April 2010. All provisions which are not so amended or supplemented herein or by the City of Belgrade Modifications to Sixth Edition, remain in full force and effect. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01060 – PERMITS PERMITS 1 PERMITS Part 1. General The CONTRACTOR shall be responsible for obtaining all permits and licenses, except as noted below, necessary for the completion of this Work. This refers to all permits that are quired as of the date of the bid opening. Unless otherwise noted, any costs associated with these permits shall be included as part of the Contract Price. No separate payment shall be made for these. The OWNER shall obtain the following permits. The CONTRACTOR is to become familiar with and abide by all permit conditions. The CONTRACTOR shall be responsible for all rules, regulations, and agreements detailed in these permits for this project and shall hold the OWNER harmless for any violation that is the result of the CONTRACTOR’S or SUBCONTRACTOR’S activities. 1. Temporary Construction Easement The CONTRACTOR shall be responsible for obtaining all other permits necessary for the completion of the Work. Any costs associated with these permits shall be included as part of the Contract Price and no separate payment shall be made for these items. Additional permits that may be required may include but not be limited to the following: 2. MPDES – Construction Dewatering Permit 3. City of Belgrade Right-of-Way Permit 4. Storm Water Discharge Permit – CONTRACTOR shall fully comply with the Montana DEQ regulations in regards to Storm Water Discharge associated with construction activities including, but not limited to, any and all submittals, inspections, fees, reporting, training, and installation of BMPs further defined in Section 01070. CONTRACTOR shall sign all permits and forms and assumes all responsibility of management of the Storm Water Pollution Prevention Plan and any associated records or fines. Contract the following for additional permit information: Montana Department of Environmental Quality Water Quality Division; Storm Water Program PO Box 200901 Helena, MT 59620-0901 (406) 444-3080 ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01150 – MEASUREMENT AND PAYMENT MEASUREMENT AND PAYMENT 1 MEASUREMENT AND PAYMENT Part 1. General 1.01 General. This section of these specifications supersedes the method of measurement and basis of payment described in the various sections of the Montana Public Works Standard Specifications. The method of measurement and basis of payment for this project is described in article 1.06 of this section. 1.02 Bid Prices. The total bid price for each item of the contract shall cover all work shown on the contract drawings and required by the specifications and other Contract Documents. All costs in connection with the work, including furnishing all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid. No item that is required by the Contract Documents for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the bid. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in the prices bid. 1.03 Estimated Quantities. A. All estimated quantities for unit price items to be paid per field measurement as stipulated in the Bid Form or other Contract Documents are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted for the Work. The actual amounts of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and materials furnished and accepted. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of work actually performed and materials actually furnished and the estimated amounts herein except as follows. B. Either the OWNER or the CONTRACTOR may demand in writing that change order be prepared to authorize an adjustment in the unit price of any MAJOR CONTRACT item if the quantity of said MAJOR CONTRACT item increases or decreases by more than twenty-five percent (25%) from that shown in the Contract Documents. A MAJOR CONTRACT item is ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01150 – MEASUREMENT AND PAYMENT MEASUREMENT AND PAYMENT 2 C. defined as any item having an original contract value in excess of ten percent (10%) of the total original contract. D. If one of the bid items described in Article 1.08 of this section is not included in a particular schedule or zone on the Bid Form but measurement and payment for that item is required according to the drawings and/or by the ENGINEER, the unit price from a similar schedule or zone will be used to establish the unit price for that item in the other schedule or zone. 1.04 Authority. The ENGINEER will perform all measurements and compute quantities for payment. The ENGINEER will verify measurements and quantities provided by the CONTRACTOR. The CONTRACTOR shall provide ENGINEER access to work areas for survey measurements, as required. 1.05 Non-payment Items. A. Separate or specific payment will not be made for certain items, including but not limited to: 1. Wasted products. 2. Products that are wasted, disposed of, or otherwise handled in an unacceptable manner. 3. Products determined to be unacceptable in the opinion of the ENGINEER, before or after placement. 4. Products not completely unloaded from the transporting vehicle. 5. Products placed beyond the lines and grades of the required work. 6. Products remaining on hand after completion of the work. 7. Loading, hauling, and disposing of rejected products. 8. Concrete that is delivered without a batch ticket or with a ticket that does not show actual batch weights, aggregate absorption, and aggregate-moisture content. 9. Overly wet, overly dry, or frozen-earth material. 10. Excavation or fill placed for the convenience of the CONTRACTOR. 11. Over excavation and backfill of over excavation. 12. Work performed that has been rejected and/or determined to be defective. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01150 – MEASUREMENT AND PAYMENT MEASUREMENT AND PAYMENT 3 1.06 Measured Quantities. A. Measurement by Volume: Measured by cubic dimension using mean length, width, and height or thickness. B. Measurement for payment of excavations upon or against which concrete is not to be placed will be limited to the lines and grades shown on the Drawings or to the most practical lines, grades, and dimensions established by the ENGINEER, in writing. No measurement will be made of over excavations beyond design lines and grades. C. No measurement for payment will be made for additional concrete that results from subgrade surface irregularities. Such additional concrete is considered incidental and therefore included in the Contract price for the applicable item. D. Fill quantities will be computed using the average-end-area method or other computation method approved of by the ENGINEER. E. Measurement by Area: Measured by square dimension using mean length and width or radius. Items that are measured by area will be measured parallel to the ground surface. F. Linear Measurement: Measured by linear dimension at the item centerline or mean chord. Items that are measured by the lineal foot, such as pipe, will be measured parallel to the ground surface, unless otherwise specified. G. Stipulated Sum/Price Items: Measured by weight, volume, area, or linear means, or combination, as appropriate, as completed items or units of the work. H. Lump-Sum Items: Will not be measured for payment. However, measurements may be made to monitor work progress. 1.07 Schedule of Values. A. Lump-Sum Items: Will not be measured for payment. However, measurements may be made to monitor work progress. 1. Arrange schedule of values generally in accordance with the divisions noted in the Supplementary Conditions (Section 00820), if applicable. 2. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at CONTRACTOR’S option. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01300 – SHOP DRAWINGS AND SUBMITTALS SHOP DRAWINGS AND SUBMITTALS 1 SHOP DRAWINGS AND SUBMITTALS Part 1. General 1.01 Description. The following section defines the procedures for submitting "Shop Drawings and Samples" as required in these specifications. Items which need to be reviewed by the ENGINEER are identified in the individual technical sections of these specifications. The ENGINEER reserves the right to require submittals in addition to those called for in the individual sections. 1.02 Definitions. A. All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the work. B. Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the work will be judged. C. Article 6.17 of the Standard General Conditions (EJCDC No. C-700) identifies the CONTRACTOR's obligations in respect to the submittal, review, and approval of Shop Drawings and Samples. CONTRACTOR shall satisfy CONTRACTOR's obligations with respect to review and approval per the Standard General Conditions and the requirements of this section (01300). D. Article 6.17.D of the Standard General Conditions (EJCDC No. C-700) identifies the ENGINEER's obligations in respect to review and approval of shop drawings and samples. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. Part 2. Products None. Part 3. Execution ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01300 – SHOP DRAWINGS AND SUBMITTALS SHOP DRAWINGS AND SUBMITTALS 2 3.01 Submittal Procedure. Shop Drawings shall be submitted as specified in Article 6.17 of the Standard General Conditions and as follows: A. In accordance with Article 2.05.A.2 of the Standard General Conditions, CONTRACTOR shall submit and receive approval of a schedule of shop drawings and sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal. B. In accordance with the approved submittal schedule and at least 30 days prior to his need for approval, CONTRACTOR shall forward to ENGINEER electronic copies of all items required by the individual sections of the specifications. Paper copies will not be accepted. C. In general, CONTRACTOR will upload the submittals to a pre-established portal identifying the project and the portion of the project to which it applies. All appropriate information shall be filled out and a listing of all variances from the contract documents shall be included. D. All submittals shall be forwarded with a signed transmittal letter, identifying the project and the portion of the project to which it applies. All appropriate information included on the transmittal letter shall be filled out and a listing of all variances from the contract documents shall be included. Each transmittal letter shall be signed by an individual authorized to do so, as a certification that the CONTRACTOR's responsibilities with respect to review and submission of the shop drawings have been satisfied. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate a coordinated review. Uncoordinated submittals will be rejected. E. All Shop Drawings and Samples are required to be submitted by the General Contractor and they shall bear a stamp or specific written indication directly on the submittal that confirms that the CONTRACTOR has satisfied all CONTRACTOR's responsibilities under the Contract Documents. ENGINEER will not accept shop drawings from anyone outside of the Prime Contractor or shop drawings that do not contain a stamp or other written indication on them that states that the CONTRACTOR has satisfied his responsibilities per the Contract Documents. The ENGINEER's review and approval shall not relieve the CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each variation at the time of submission and ENGINEER has given written approval. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01300 – SHOP DRAWINGS AND SUBMITTALS SHOP DRAWINGS AND SUBMITTALS 3 3.02 Engineer’s Approval. The ENGINEER will indicate his approval or disapproval of each submittal and, if he does not approve the submittal as submitted, will indicate his reasons therefor. Any work done prior to approval shall be at the CONTRACTOR's own risk. Approvals shall not relieve the CONTRACTOR from responsibility for complying with the requirements of this Contract. If submittals show variations from the Contract requirements, the CONTRACTOR shall describe such variations in writing, within the before mentioned cover letter at the time of submission. Approval of such variation(s) shall be accompanied with a Contract Modification. Minor variations not involving a change in price or time of performance will not be issued a modification. 3.03 Required Submittals. A. Submit to the ENGINEER at the preconstruction conference a copy of all permits required by the governing authorities. B. At the Preconstruction Conference, the CONTRACTOR shall supply a list of all suppliers and subcontractors to be used on the project. C. At the Preconstruction Conference, the CONTRACTOR shall supply a list of all equipment owned or rented that will be used on this project. The equipment list shall include the make, model, year, horsepower and capacity of each piece of equipment. The list shall also include rental rates and operating rates for each piece of equipment determined per the requirements of these contract documents. D. For those items called for in individual sections, furnish certificates from manufacturers, suppliers, or others certifying that materials or equipment being furnished under the Contract comply with the requirements of these specifications. E. See the individual sections for specific requirements. F. The CONTRACTOR shall submit to the OWNER with the completed Agreement a Progress Schedule, Schedule of Values, and an estimated Progress Payment Schedule. The Progress Schedule shall be in bar chart or Critical Path Method (CPM) form and show estimated starting and completion dates for each part of the Work. The Progress Payment Schedule shall show the progress payment requests that are estimated to be made through the duration of the Contract. Both the Progress Schedule and Payment Schedule shall be revised to show project progress revisions to the schedules. The revised schedules shall be submitted with the progress payment request. No progress payment request shall be accepted from the CONTRACTOR and processed for payment unless accompanied by the revised schedules. G. Manufacturer's printed instructions shall include installation instructions, operating instructions, maintenance literature, lubrication requirements, and parts lists. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01300 – SHOP DRAWINGS AND SUBMITTALS SHOP DRAWINGS AND SUBMITTALS 4 H. The CONTRACTOR shall submit his Quality Control Plan defining the program and documentation proposed to ensure that all materials and work conform to the Contract Documents. The plan shall identify personnel, procedures, controls, tests, frequency of tests, and records and forms to be used. The CONTRACTOR shall not commence work on any items requiring quality control until his plan is reviewed by the ENGINEER, and all deficiencies in the plan noted by ENGINEER have been corrected. 1. Provide copies of all quality control test reports. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01400 – QUALITY ASSURANCE AND CONTROL QUALITY ASSURANCE AND CONTROL 1 QUALITY ASSURANCE AND CONTROL Part 1. General 1.01 Description. This section describes the CONTRACTOR’S “Quality Control” requirements and the OWNER’S “Quality Assurance” program. 1.02 Definitions. A. Planned and specific actions or operations necessary to produce a product that complies with the Contract Documents. Quality Control consists of actions, inspections, sampling and testing necessary to ensure the Work is in compliance with the Contract Documents and to control production and construction processes. Quality Control is keyed to the construction sequence to quickly determine when the Work is out of compliance with the Contract Documents and to respond to correct the situation and bring the Work into compliance. Quality Control is the responsibility of the CONTRACTOR. B. Planned and systematic observations, testing and actions to verify that the Work complies with the Contract Documents. Quality Assurance includes oversight of the CONTRACTOR’S Quality Control, verifying the results of the CONTRACTOR’S testing and additional assurance sampling and testing. Quality Assurance is not intended to be adequate for the CONTRACTOR’S production and placement needs and shall not be relied upon as such. The OWNER or ENGINEER will provide Quality Assurance. C. Sampling and testing which is carried out independent of the CONTRACTOR’S Quality Control testing to confirm/verify that the Work complies with the Contract Documents. The frequency of verification/compliance testing will be determined by the OWNER and may not be adequate for the CONTRACTOR’S production and placement needs. Verification/compliance testing will not be used to determine construction procedures or operations (i.e. rolling patterns, lift thickness, etc.). Verification/compliance testing will be provided by the OWNER and /or ENGINEER. 1.03 Submittals. A. At the Preconstruction Conference, the CONTRACTOR shall submit a Quality Control Plan defining the program and the documentation proposed to ensure that all materials and work conform to the Contract Documents. The plan shall identify personnel, procedures, control, tests, frequency of tests, and records and forms to be used. B. CONTRACTOR shall submit records of all tests to the ENGINEER within 24 hours of the testing. The Quality Control laboratory shall notify the CONTRACTOR and ENGINEER ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01400 – QUALITY ASSURANCE AND CONTROL QUALITY ASSURANCE AND CONTROL 2 of irregularities or deficiencies observed in the Work during performance of the Quality Control Testing. Part 2. Products None. Part 3. Execution 3.01 General A. CONTRACTOR shall be responsible for Quality Control tests and inspections to control production and construction processes. Include in the CONTRACTOR Quality Control system an internal organization, plans, and procedures to produce the specified end product. Assure the system covers all construction operations, both on-site and off-site, and is keyed to the construction sequence B. Quality Control testing frequency is at the CONTRACTOR’S discretion, except where tests are specifically required by the Contract Documents, City of Belgrade Design Standards, Montana Public Works Standard Specifications, Sixth Edition, City of Belgrade Modifications to and in the technical specifications for individual products. C. Quality Assurance testing frequency is at the OWNER’S discretion, except where tests are specifically required in accordance with Contract Documents, City of Belgrade Design Standards, Montana Public Works Standard Specifications, Sixth Edition, City of Belgrade Modifications to D. The Quality Control tests are to be performed by an approved independent testing laboratory at the expense of the CONTRACTOR. Locations for testing shall be determined at random by the independent testing laboratory personnel. The method for selecting random locations shall be as established in the Quality Control Plan. 3.02 Contractor Cooperation with Quality Assurance Agency. A. CONTRACTOR shall assure that the OWNER’S personnel and Quality Assurance agency has access to all work areas at all times work is in progress. Provide any special facilities or equipment to access work areas at the CONTRACTOR’S expense. B. CONTRACTOR shall notify the ENGINEER when the work is ready for Quality Assurance testing. Establish and update the construction schedule to provide the ENGINEER estimated sampling/testing dates and times. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01400 – QUALITY ASSURANCE AND CONTROL QUALITY ASSURANCE AND CONTROL 3 C. All samples obtained for the purpose of determining a Proctor value for use in Quality Control must be split, and half of the sample shall provided to the ENGINEER. If a sample is obtained and the ENGINEER is not provided with a split of the material, the test results of the material in question will be unacceptable. CONTRACTOR shall provide adequate notice to the ENGINEER's representative so that they may be present to collect the sample. 3.03 Payment of Testing. A. All Quality Control testing costs are incidental to the work and to be included in the CONTRACTOR’S bid. Mix designs for Portland cement concrete, flowable fill, and asphalt concrete, and all initial aggregate quality tests are considered Quality Control tests and are at the CONTRACTOR’S expense. B. OWNER will pay for all Quality Assurance testing costs. C. Quality Assurance retesting due to failing initial tests will be performed by the OWNER or the OWNER’S Quality Assurance testing agency, and the retest costs will be deducted from the CONTRACTOR’S progress estimates. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01570 – CONSTRUCTION TRAFFIC CONTROL CONSTRUCTION TRAFFIC CONTROL 1 CONSTRUCTION TRAFFIC CONTROL Part 1. General 1.01 Description. A. This work is the furnishing of labor, materials and equipment for installing, maintaining and operating traffic control devices to ensure the safety of the general public and project personnel. 1.02 Requirements. A. Perform work under this section meeting Manual of Uniform Traffic Control Services (MUTCD) and contract requirements. 1.03 Notifications A. Coordinate all construction activities to reduce traffic conflicts at the work site, off-site events or other construction projects. B. Furnish the ENGINEER, for OWNER review, the construction traffic control plan at least one week before construction begins or before changes in segments or phases of the work on the project. The OWNER will review and approve the Traffic Control Plan considering known off-site activities and may require modification to the plan or construction timing to coordinate events. Work shall not commence until said plan is approved. C. For project sites involving a through street, provide the ENGINEER with a draft news release. Include in the news release, as a minimum, the work activity and duration. Once approved, furnish the news release to the local media at least three working days before starting work. Notify all landowners or residents adjacent to the work of the type and duration of the construction. Part 2. Products 2.01 Traffic Control Devices. A. Assure all signs and barricades are reflectorized. Retro-reflective sheeting and striping shall be ASTM D4956 Type IV or better. Assure all nighttime traffic control devices meet MUTCD lighting requirements. B. Use traffic control devices meeting the “Manual of Uniform Traffic Control Devices” and the “Traffic Control Devices Handbook” requirements, available from the Superintendent of ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01570 – CONSTRUCTION TRAFFIC CONTROL CONSTRUCTION TRAFFIC CONTROL 2 Documents, U.S. Government Printing Office, Washington, D.C. 20492. Devices shall additionally be 350 and/or MASH compliant, where applicable. C. Assure all traffic control devices are clean, legible, reflective for night-time use, and operable. Part 3. Execution 3.01 Work Methods. A. Place all traffic control devices as planned before permitting workers or equipment on the traveled way. Install signs, cones and barricades in that order. B. Inspect the work area at least twice each day during construction and maintain records of traffic control devices used and their location. C. Assure traffic control is appropriate to the work. Assure traffic control devices are appropriate and clean before suspending work for the day. D. Remove traffic control devices in reverse order of installation at the end of each shift. E. Remove and store all unnecessary traffic control devices in a staging area, away from traffic’s view, as approved by the ENGINEER. 3.02 Noncompliance. A. Remove, repair or replace any traffic control device not providing its intended function. B. Do not begin work until all required traffic control devices are placed. C. The ENGINEER will periodically inspect the traffic control, at a minimum daily, and inform the CONTRACTOR of any deficiencies. D. CONTRACTOR failure to correct any deficiency in the traffic control within 4 hours of notification is cause to deduct monies from the contract payment on the next progress payment. Individual deductions shall not exceed 10% of the unit price. E. The ENGINEER may direct correcting traffic control deficiencies immediately. Failure to immediately correct the deficiency is cause for the ENGINEER to correct the deficiency at CONTRACTOR expense. 3.03 Flagging. A. Furnish competent and properly equipped flag persons as described in the booklet “Instructions for Flag persons” furnished by the Montana Department of Transportation. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01570 – CONSTRUCTION TRAFFIC CONTROL CONSTRUCTION TRAFFIC CONTROL 3 CONTRACTOR failure to furnish competent personnel may result in dismissal of flaggers from the project by the OWNER or ENGINEER. B. Flaggers performing work during nighttime hours shall have their flagger station illuminated by non-glare lighting, such as balloon lighting. Part 4. Measurement and Payment 4.01 Payment. A. Separate measurement for individual traffic control devices is not made unless the on-site field traffic control plan requirements, as approved by the ENGINEER, differ materially from the original traffic control plan specified in the Contract Documents. Measurement and payment for the off-site traffic control plan and the designed on-site traffic control plan may be on a daily or lump sum basis. This payment is full reimbursement for all costs of traffic control plan development and submittal and furnishing, installing, maintaining, replacing, and operating the construction traffic control systems throughout the work period. The construction traffic control system may include, but is not limited to, signs, barricades, temporary pavement markings, temporary signals, crash attenuators, flag persons, and pilot cars. B. Progress payments are either in proportion to the total work completed or according to the number of days a construction traffic control system is required to remain in place to conduct the work or protect the general public from hazardous conditions. C. If changes in the approved Traffic Control Plan are directed by the ENGINEER, additional payment or reduction in payment is made for the additional or deleted devices, as agreed to between the CONTRACTOR and ENGINEER. D. Payment will be made under: 1. Construction Traffic Control by the lump sum (LS) 2. Construction Traffic Control by the day (DAY) ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01700 – CONTRACT CLOSEOUT CONTRACT CLOSEOUT 1 CONTRACT CLOSEOUT Part 1. General 1.01 Description. The following specification includes all work involved in final closeout of this Project. Included are items such as post-construction inspection, acceptance of the Work, closeout records, cleaning, and project record drawings. 1.02 Related Work. Section 00700 – General Conditions Section 00800 – Supplementary Conditions 1.02 Submittals. All required closeout submittals shall be reviewed by the ENGINEER prior to final payment. Items to be submitted are: A. Project Record Drawings; B. Guarantees and Bonds – Provide guarantees and bonds as required herein and as provided by manufacturers of all products and equipment; C. Certificate of Completion and Acceptance – Certifying completion of construction, compliance with the Contract Documents, and waiver of any claims; D. Contract’s Affidavit of Release of Liens; E. Final Waiver of Lien; F. Consent for Surety to Final Payment; G. Insurance Certificate – To indicate which insurance coverages required by Sections 00700 and 00800 that are to remain in effect after project is completed. Refer to Section 01300 for submittal procedures for required documents. Part 2. Products None. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01700 – CONTRACT CLOSEOUT CONTRACT CLOSEOUT 2 Part 3. Execution 3.01 Cleaning. Sweep paved surfaces, rake other surfaces or grounds. All disturbed lawn or grassed areas shall be raked and cleaned to level and remove all rocks, stones or other debris from construction. Sweep all paved surfaces in the construction area including all adjacent haul streets and other incidental areas soiled during construction. 3.02 Project Record Drawings. CONTRACTOR shall keep record of and indicate all changes and revisions to the original design which affect the permanent structures and will exist in the completed Work. Reference all underground existing utilities to semi-permanent or permanent physical objects. Reference water, sewer, telephone, and electric lines to corners of buildings or other structures, if applicable. Reference elevation of all existing lines on profile sheets or call out elevations in plan if no profile exists. Keep record drawings current. Certification of accuracy and completeness will be required on submitted payment requisitions. Project record drawings are the property of the OWNER and shall be delivered to the ENGINEER before closeout, and before final payment to the CONTRACTOR. 3.03 Substantial Completion and Final Inspection. Submit written certification that project, or designated portion of Project, is substantially complete and request, in writing, a final inspection. The ENGINEER, OWNER, and any representatives of funding agencies will make an inspection within 10 days of receipt of any request. Should the ENGINEER determine that the Work is substantially complete, he will prepare a punch list of deficiencies that need to be corrected before final acceptance, and issue a Notice of Substantial Completion with the deficiencies noted. Should the ENGINEER determine that the Work is not substantially complete, he will immediately notify the CONTRACTOR, in writing, stating reasons. After the CONTRACTOR completes the Work, he shall submit certification and request for final inspection. 3.04 Acceptance of the Work. After all deficiencies have been corrected, a Letter of Final Acceptance will be issued. If only designated portions of the project have been inspected, a Letter of Partial Acceptance will be issued for that portion corrected. ---PAGE BREAK--- DIVISION 1 – GENERAL REQUIREMENTS SECTION 01700 – CONTRACT CLOSEOUT CONTRACT CLOSEOUT 3 Acceptance may be given prior to correction of deficiencies which do not preclude operation and use of the facility; however, final payment will be withheld until all deficiencies are corrected. Until receipt of the Letter of Final Acceptance, the CONTRACTOR shall be responsible for the Work of this Contract. 3.05 Post-construction Inspection. Prior to expiration of one year from date of final acceptance, the ENGINEER, OWNER and representatives of funding agencies (if applicable) will inspect the project to determine whether corrective work is required. The CONTRACTOR will be notified in writing of all deficiencies. Corrective work must start on noted deficiencies within 10 days of receipt of notification to CONTRACTOR. ---PAGE BREAK--- DIVISION 2 SITEWORK ---PAGE BREAK--- DIVISION 2 – SITEWORK SECTION 02520 – LONGITUDINAL JOINT CONSTRUCTION AND COMPACTION LONGITUDINAL JOINT CONSTRUCTION AND COMPACTION 1 LONGITUDINAL JOINT CONSTRUCTION AND COMPACTION Part 1. General 1.01 Description. A. This work is the furnishing of labor, materials, and equipment for constructing and compacting longitudinal joints of new plant mix surfacing with either a notched wedge joint or tapered edge joint. Part 2. Products None. Part 3. Execution 3.01 Work Methods. A. Construct all longitudinal joints of new plant mix surfacing with either a notched wedge joint or by tapering the joint edges at a 4H:1V to 6H:1V slope. Conﬁned joints created when paving against a vertically milled surface are excluded from the requirements of this speciﬁcation. B. If using a notched wedge, ensure the notched wedge joint has a vertical edge of at least the maximum aggregate size and no more than one-half (1/2) of the compacted lift thickness, and then taper down on a slope no steeper than 4H:1V. a. Uniformly compact the sloped portion of the plant mix notched wedge joint. b. Use a device attached to the paver screed for shaping and compacting. C. When placing the second pass (hot lane), overlap the paver screed 1.0 0.5 inches onto the cold plant mix. Do not “bump back” or rake the overlapped material. 3.02 Compaction. A. Longitudinal joints shall be compacted to a per lot average equal or greater than ninety-one percent (91%) of the maximum density as determined by ASTM D2041. No individual sample within the lot shall be less than eighty-nine percent (89%) of maximum (Rice’s) density. B. If the maximum (Rice’s) density for the plant mix surfacing diƯers between lanes at a coring location, cores will be evaluated against an average Rice’s density for the two lanes. All reports will be reported to the tenth of one percent ---PAGE BREAK--- DIVISION 2 – SITEWORK SECTION 02520 – LONGITUDINAL JOINT CONSTRUCTION AND COMPACTION LONGITUDINAL JOINT CONSTRUCTION AND COMPACTION 2 C. The CONTRACTOR shall furnish one 4-inch core to test in-place bulk density for every 5,000 feet of longitudinal joint placed. Cores shall be cut in a manner that encompasses the joint and that each half of the core represents approximately equal portions of each paving pass. Core locations shall be determined randomly by the ENGINEER. The standard lot size for longitudinal joint cores is represented by ﬁve tests or approximately 25,000 feet of longitudinal joint, whenever production schedules and material continuity permit. A lot represented by three to seven tests will be established when there are short production runs, signiﬁcant material changes, or other unusual characteristics of the work. 3.03 Noncompliance. A. If the average lot density is less than ninety-one percent but greater than or equal to eighty-nine percent a penalty in the amount of three percent of the unit price for the Asphalt Concrete Surface Course – Grade B PG 58-28 bid item shall be paid to the City of Belgrade for the quantity of material represented by the lot. B. If the average lot density is less than eighty-nine percent the aƯected material shall be removed and replaced at the CONTRACTOR’S expense. The limits of removal and replacement shall be determined at the sole discretion of the ENGINEER. Part 4. Measurement and Payment 4.01 Payment. A. Separate measurement and payment will not be made for Longitudinal Joint Construction and Compaction. This work is considered incidental to the Asphalt Concrete Surface Course – Grade B PG 58-28 bid item.

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