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HomeMy WebLinkAboutRequest for Bids - Story Mansion Exterior PaintingSection 00100 CALL FOR BIDS Page 1 of 2 CITY OF BOZEMAN, MONTANA C A L L F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: STORY MANSION EXTERIOR PAINTING All bids must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the Bid Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the Bid title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver Bids via email to the City Clerk by January 20, 2022 at 3:00pm MST. It is the sole responsibility of the proposing party to ensure that bids are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net The project work is generally described as follows (the “Work”): The scope of work for the project will include fully repainting the exterior finishes of Story Mansion, 811 S Willson Ave., Bozeman, MT 59715. Painting work will include all activities necessary to properly repaint the exterior of the building, including cleaning painted surfaces, scraping failing paint, sanding, caulking, minor repair to re-secure any loose siding or trim, priming bare wood and painting all siding and trim. This will be a turnkey project to the Owner. This project is to provide durable and high quality exterior finishes with an expected 10 year life, and is to be completed in the 2022 painting season. Bidding Documents will be distributed to various Montana builder’s exchanges. Bidding Documents will be available from the City of Bozeman in electronic PDF format. For access to electronic documents, bidders should contact the City of Bozeman Facilities Dept.; 20 E. Olive St. Bozeman, Montana 59715; (406) 582-2439. Questions and other inquiries regarding the Bidding Documents should be directed to Max Ziegler, Facilities Project Coordinator. There will be a Pre-Bid Conference at the Story Mansion, 811 S Wilson, Bozeman, MT 59715 at 1:30 PM, Monday May 2nd, 2022. Interested CONTRACTORS are encouraged to attend or send a representative. CONTRACTOR and any of the CONTRACTOR’S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, Section 00100 CALL FOR BIDS Page 2 of 2 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. 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 of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required non-discrimination affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 p.m., local time, May 5, 2022. The City reserves the right to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 10th day of May 2022. Mike Maas City Clerk City of Bozeman Published Bozeman, Montana, Sunday, April 10, 2022 Sunday, April 24, 2022 Instruction to Bidders Page 1 of 8 INSTRUCTIONS TO BIDDERS BIDS: All Bids must be made on the forms provided in the Contract Documents. All Bids must be legibly written in ink, with total Bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Deliver Bids via email to the City Clerk by May 5, 2022 at 2:00 PM MDT. It is the sole responsibility of the proposing party to ensure that bids are received prior to the closing time as late submittals will not be accepted and will be returned unopened. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID SECURITY: To be considered, the Bid must be accompanied by a bid security unconditionally payable to the City of Bozeman for ten percent (10%) of the total amount of the bid. Each Bidder shall expressly covenant in the Bid that if the Bidder is awarded the contract, the Bidder will, within thirty (30) days after the Bid is awarded, enter into a formal contract and give an approved performance bond and a labor and materials payment bond to secure the performance of the terms and conditions of the contract. Bid security must be provided in a form specified in §18-1-203, MCA, which includes, but is not limited to, certified check, cashier’s check, bank draft, bid bond, guaranty bond, or surety bond. Bid security through a bid, guaranty or surety bond must be issued by a surety company authorized to do business in the State of Montana. The Bid security protects and indemnifies the City against the failure or refusal of the successful Bidder to timely enter into the contract. SIGNATURE OF BIDDERS: Each Bid must be signed in ink by the Bidder with the Bidder’s full name and with its business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by, or on behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL: No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT: Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of the authority to do so. The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. TITLE: The position title of any person executing the Bid and Agreement shall be clearly indicated beneath the authorized person’s signature. QUALIFICATIONS OF BIDDERS: Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. Instruction to Bidders Page 2 of 8 In determining the lowest responsible Bid, City will consider the following elements: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work; and (d) has appropriate technical experience and experience in projects of comparable scope and complexity that were satisfactorily completed. Each Bidder may be required to show that former work performed by it has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if the Bidder is engaged on any other work which impairs its ability to finance its Agreement with the City. The Bidder shall demonstrate its ability by meeting all requirements herein stipulated, when requested. Bidder is not deemed a responsible bidder if Bidder is delinquent in payment of property taxes or special improvement district assessments for at least six (6) months. CONTRACT DOCUMENTS: The principle Contract Documents for this Project include, but are not limited to, the following: Call For Bids Instructions to Bidders Notices Bidders Checklist Bid Form Non-Discrimination Affirmation Form Notice of Award Construction Agreement Performance Bond Payment Bond List of Subcontractors Schedule of Values Montana Prevailing Wage Rates for Building Construction Services; January 1, 2022 Technical Specifications Construction Drawings EXAMINATION OF CONTRACT DOCUMENTS AND SITE: Before submitting a Bid, each Bidder must: (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with location conditions that may in any manner affect cost, progress or performance of the Work; (c) become familiar with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. On request, City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of a Bid. Any administrative requirements and associated cost of such investigations are the responsibility of the Bidder. Instruction to Bidders Page 3 of 8 The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Bidder in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans, such logs do not constitute a part of the Agreement and are included only for the convenience of the Bidder and do not relieve the Bidder of its duties under this section or of any other responsibility under the Construction Agreement. No information derived from any inspection of records of investigation or compilation thereof made by the City will in any way relieve the Bidder from properly performing its obligations under the Construction Agreement. INTERPRETATION OF CONTRACT DOCUMENTS: If any person contemplating submitting a Bid for this project is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, such person may submit to the City a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person requesting a set of such documents. TIME OF COMPLETION: The time of completion of the Work is a basic consideration of the Agreement. It will be necessary that the Bidder satisfy the City of the Bidder’s ability to complete the Work within the stipulated time. ADDENDA: Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of a proposal, shall be covered in the Bid and shall be made a part of the Construction Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. Instruction to Bidders Page 4 of 8 PROPOSAL: The Bidder shall submit bids on the forms provided in these Contract Documents. Bids shall be in PDF form and emailed to Mike Maas, City Clerk, agenda@bozeman.net The PDF shall also contain the following information: Name of Project: STORY MANSION EXTERIOR PAINTING Name of Bidder: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: , , , . On the first page of the bid packet type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M., May 5, 2022 Proposals shall be made in accordance with the following instructions: A. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. B. All blank spaces must be properly filled. C. The total Bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total Bid price, the unit prices or lump sum prices shall be used in computing the total Bid price. D. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. E. The proposal must acknowledge receipt of all addenda issued. F. The proposal must be signed in ink and display the Bidder’s name, address, and current Montana Contractor's License Number. SIGNING OF BIDS: Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney- in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the Instruction to Bidders Page 5 of 8 corporation shall be manually written below the written or typewritten corporate name following the work: By: Corporate Seal Title: If Bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the Bid. BID REQUIREMENTS: The Bidder is expected to base its bid on materials and equipment complying fully with the plans and specifications and, in the event the Bidder names in its bid materials or equipment which do not conform, the Bidder will be responsible for furnishing materials and equipment which fully conform at no charge in its bid price. Before submitting a proposal, each Bidder should read the complete Contract Documents (including all addenda, if such exist), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful Bidder, but also to such Bidder’s subcontractors. BID QUANTITIES: Bidders must satisfy themselves by personal examination of the locations of the proposed Work and by such other means as they may prefer as to the correctness of any quantities. WITHDRAWAL OF BID: No Bidder may withdraw any bid for a period as specified in the Request For Bid after the date and hour set for the opening declared herein. Prior to that time, Bidder may withdraw a Bid by written request. The request to withdraw a bid must be signed in the same manner and by the same person or persons who signed the Bid. ACCEPTANCE AND REJECTION OF THE BIDS: The City reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the City. The City reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS: Within thirty (30) days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors the Bidder expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the City. If the City or its representative engineer or architect after due investigation has reasonable objection to any Instruction to Bidders Page 6 of 8 proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder’s refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom City or its representative engineer or architect does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the City and its representative engineer or architect. Bidder shall not be required to employ any subcontractor against whom the Bidder has reasonable objection. The use of subcontractors listed by the Bidder and accepted by City prior to the Notice of Award will be required in the performance of the work unless otherwise agreed to in writing by the City. AWARD OF CONTRACT: If the Construction Agreement is to be awarded, City will award the Construction Agreement to the responsible Bidder whose Bid is responsive and conforms with all material terms and conditions of the bidding documents and proposed Contract Documents, is lowest in price, is in the best interest of the project and the City, and other factors considered. The award will be based on the lowest responsive cumulative base Bid plus any added alternate schedules the City determines to include with the project. If the Construction Agreement is awarded, the award will be made within the period specified in the Request For Bid. The successful Bidder will be notified by letter mailed to the address shown on the Bid that the bid has been accepted and that Bidder has been awarded the contract. CANCELLATION OF AWARD: The City reserves the right to cancel the award of any Agreement at any time and for any reason or no reason before the complete execution of the Agreement by all parties without any liability against the City. RETURN OF BID GUARANTEE: All Bid guarantees, except those of the three lowest Bidders, will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the Agreement. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS: The Bidder to whom the Construction Agreement is awarded will be required to furnish a Performance Bond and a Payment Bond (the “Bonds”) in favor of the City. The Bonds must be in an amount equal to one-hundred percent (100%) of the Construction Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the City and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the City one copy of Power of Attorney certified to include the date of the Bond. Instruction to Bidders Page 7 of 8 EXECUTION AND APPROVAL OF CONSTRUCTION AGREEMENT: The Construction Agreement shall be signed by the successful Bidder and returned, together with the Bonds, within the time shown on the Bid. If the Agreement is not executed by the City within fifteen (15) days following receipt from the Bidder of the signed Construction Agreement and Bonds, the Bidder shall have the right to withdraw its Bid without penalty. No Construction Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. INSURANCE: The successful Bidder, as part of the Construction Agreement, shall provide liability insurance and other insurances and maintain required workers’ compensation coverage all as indicated in the Construction Agreement. Bidder shall provide proof of these through either a certificate of insurance or a current copy of Bidder’s policy documents as required by the City. FAILURE TO EXECUTE CONSTRUCTION AGREEMENT: Failure to execute the Construction Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the City, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the work may be re-advertised as the City may decide. PAYMENTS: Payment for all Work performed under the Agreement will be made by the City within the time period specified in and in accordance with the procedures outlined herein. When the Work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES: In all contracts with the City, contractors and their subcontractors shall pay for each job classification the standard prevailing wage rate, including fringe benefits. The standard prevailing wage rate as used herein means the standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor & Industry pursuant to §18-2-402, MCA, and as bound herein to the proposed Construction Agreement. The Bidder and Bidder’s subcontractors are directed to the Montana Commissioner of Labor & Industry for information on the standard prevailing rate of wages applicable to this project within this area. POSTING: Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. Instruction to Bidders Page 8 of 8 LOCAL LABOR: Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION R E Q U I R E M E N T S : No Bids will be considered that do not carry the Bidder's Certificate of Contractor's Registration number on the envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-406-444-7734) ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX): In accordance with Title 15, Chapter 50, MCA, the City shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE: In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. CITY OF BOZEMAN BUSINESS LICENSE: All Bidders conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. NON-DISCRIMINATION: In accordance with law, Bidder shall agree not to discriminate against any client, employee, or applicant for employment or for services because of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin, or actual or perceived sexual orientation or gender identity. It is further understood that any vendor who is in violation of this clause shall be barred forthwith from receiving awards of any purchase from the City of Bozeman unless a satisfactory showing is made that discriminatory practices have ceased, and the recurrence of such acts is unlikely. Every entity submitting under this invitation must sign and return the required non- discrimination affirmation form. NOTICE REGARDING PERMITS The Contractor will be responsible for, and will pay for, all required building construction permits. Bidders shall include the cost of all required building construction permits in their Bid proposals. NOTICE REGARDING REFERENCES Bidders being considered for contract award shall be prepared, on request by the Owner, to submit to the Owner not less than one, or more than three, professional references for projects of similar size and scope completed in the last three years. NOTICE REGARDING CONTRACT AWARD It will be necessary for the Commission of the City of Bozeman to approve the award of this contract to the successful bidder. It is anticipated that the Commission of the City of Bozeman will take action on this matter during a regularly scheduled meeting held on May 17, 2022. Page 1 of 1 BIDDER’S CHECKLIST Please utilize the following Bidder’s Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a. Arithmetic Checked? b. Bid amounts agree with math calculations? c. All Addenda acknowledged on proposal sheet and cover? d. Signature portion completely filled out? e. Bid Proposal intact in Contract Documents DO NOT REMOVE!!!! f. Non-Discrimination Affirmation form completed and signed? 3) Bid PDF: a. Addressed properly? (See Article 1 – Bids, Instructions to Bidders) b. Contains the Contract Documents and Specifications booklet? c. Acknowledged Receipt of Addenda? d. Emailed? 4) Bid Submitted prior to required time at specified location? Be sure put your bid in a PDF and email. Include project name, bid date/time, contractor name, contractor registration number, contractor fuel permit number, and acknowledgement of all addenda (by number) on the first page of your PDF bid package. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. BIDDER’S CHECKLIST Section 00300 BID FORMS Page 1 of 4 BID FORM STORY MANSION EXTERIOR PAINTING CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the repainting of the exterior of STORY MANSION, 811 S Willson Ave, Bozeman, MT 59715, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 180 calendar days unless approved otherwise by Owner. Bidder accepts the provisions of the Agreement as to Liquidated Damages which shall be as specified in Article 2.2 & 2.3 of the Agreement Form. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. Section 00300 BID FORMS Page 2 of 4 The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following stipulated sums: BASE BID BASE BID DOLLARS SEE SECTION DOLLARS SEE SECTION DOLLARS SEE SECTION DOLLARS Section 00300 BID FORMS Page 3 of 4 BASIS OF AWARD: If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. Dated No. Dated No. Dated No. Dated Submitted this day of , 2017. SIGNATURE OF BIDDER: Montana Contractor Registration Number Section 00300 BID FORMS Page 4 of 4 If an individual: doing business as If a Partnership: by , partner If a Corporation: (a) by Title (Seal & Attest) Business Address of Bidder: If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: doing business as . If a Partnership: by Partner If a Corporation: (a) Corporation by Title (Seal & Attest) NON-DISCRIMINATION AFFIRMATION FORM _______________________________ [name of entity submitting] hereby affirms 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 in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the _____________________ [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: _______________________________ Person authorized to sign on behalf of the bidder NOTICE OF AWARD Dated: TO: [insert name of successful bidder] ADDRESS: [insert successful bidder’s mailing address] PROJECT: City of Bozeman [insert simple project title] CONTRACT FOR: [insert brief statement of the project]. You are notified that your Bid dated [insert date of the successful bid], for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract [insert brief statement on the work (same as above). The Contract Price of your Contract is: [write out the contract amount] Dollars ($[insert the numerical amount). You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by [insert date days after the award]. 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders. 3. You must deliver with the executed Agreement the Certificates of Insurance as specified in the Agreement. Failure to comply with these conditions within the time specified will entitle the City to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeit. Within ten (10) days after you comply with these conditions, the City will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) DATE: CONSTRUCTION AGREEMENT This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed to repaint the exterior of Story Mansion (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit G and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit G. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. Page 8 of 28 Version 12 14 15 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than ______________________. Time is of the essence of completion of all work and each phase of the Construction Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of _____________________________ Dollars ($_____________). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. Page 9 of 28 Version 12 14 15 b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. b. All workmanship and materials shall be of a kind and nature acceptable to the City. c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Page 10 of 28 Version 12 14 15 Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination Page 11 of 28 Version 12 14 15 of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. Page 12 of 28 Version 12 14 15 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress, or in transit to the construction site. Page 13 of 28 Version 12 14 15 c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be _____________________or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be ________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given Page 14 of 28 Version 12 14 15 when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4- 501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 20. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall Page 15 of 28 Version 12 14 15 be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 22. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to resume work on the Construction Project shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 23. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. Page 16 of 28 Version 12 14 15 b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds: Page 17 of 28 Version 12 14 15 a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. e. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. f. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: Page 18 of 28 Version 12 14 15  Workers’ Compensation – not less than statutory limits;  Employers’ Liability - $1,500,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate;  Products and Completed Operations – $3,000,000;  Automobile Liability - $1,500,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles);  Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance;  Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $3,000,000 aggregate;  Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $3,000,000 aggregate The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee Page 19 of 28 Version 12 14 15 of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 29. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 33. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. Page 20 of 28 Version 12 14 15 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 43. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: Jeff Mihelich, City Manager Print Name: Title: Page 21 of 28 Version 12 14 15 APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney Page 22 of 28 Version 12 14 15 EXHIBIT A (Contractors submitted Bid Form) Page 23 of 28 Version 12 14 15 EXHIBIT B (Construction Schedule) Page 24 of 28 Version 12 14 15 EXHIBIT C Compensation Schedule Contractor shall not demand or be entitled to receive payment for any work on the Construction Project, in whole or in part, except in the manner set forth herein. Monthly Progress Payments A. After the commencement of work on the Construction Project, the Contractor may request monthly progress payments by submitting an Application for Payment to the City’s Representative during each successive calendar month, with a copy to the project architect or engineer. The Application for Payment must be based upon the actual or estimated percentage of work completed and materials supplied on the Construction Project prior to the date of the Application and shall be filled out and signed by the Contractor on a form provided by the City. Contractor shall attach all supporting documentation to the Application, including certified payroll records and receipts, to verify that the work claimed in the Application has been completed. Only one Application for Payment may be submitted within a calendar month. B. Beginning with the second Application for Payment, each Application shall also include an affidavit signed by the Contractor stating that all previous monthly progress payments received have been applied on account to discharge Contractor’s obligations associated with the prior Applications for Payment. C. City and its architect or engineer shall promptly review all Applications for Payment and, within twenty-one (21) days after receipt of each Application, determine whether a progress payment should be disapproved in whole or in part. An Application for Payment is considered to have been received when it is submitted to City’s Representative and is considered approved unless prior to the expiration of the 21-day period the City or its architect or engineer provides the Contractor with a written statement containing specific items that are being disapproved. A progress payment or any portion may be disapproved upon a claim of: (1) unsatisfactory job progress; (2) failure to remedy defective construction work or materials; (3) disputed work or materials; (4) failure to comply with material provisions of this Agreement, drawings, plans, specifications for the Construction Project, or other required documents, including but not limited to, payroll certifications, insurance coverage, bonding, lien releases, warranties, material certifications, and test data; (5) failure of Contractor to make timely payment for claims including, but not limited to claims for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; (6) damages to the City; (7) the existence of reasonable evidence that the Agreement cannot be completed for the unpaid balance of the Agreement’s Compensation; and (8) Contractor’s non-compliance with applicable federal, state, and local laws, rules, and ordinances. D. The City will furnish Contractor a written statement specifying a reason for disapproval that is listed in Section C above for which approval of the Application for Payment or a portion thereof is being withheld. If the City disapproves only a portion of an Application for Payment, the remainder of the Application for Payment is considered approved. Page 25 of 28 Version 12 14 15 E. If the City approves a monthly progress payment, the City shall withhold the five percent (5%) Retainage Amount from the total payment requested in the Application for Payment and may withhold an amount that is sufficient to pay the direct expenses that the City may reasonably expect will be necessary to correct any claim based on the eight (8) items set out in Section C above. City shall tender the balance of the approved monthly progress payment to Contractor within seven (7) days following the approval. F. Contractor understands that the Montana Public Contractors’ Gross Receipts Tax requires all contractors or subcontractors working on a publicly funded project to pay or have withheld from earnings one percent (1%) of the gross contract price if the public contract price, including subcontracts attached thereto, is Five Thousand Dollars ($5,000) or more. If required, the City will withhold this tax from any payment made to Contractor and will remit the amount withheld to the Montana Department of Revenue. Contractor must withhold the tax from payments made to subcontractors by Contractor. G. City’s approval of any progress payment shall not operate as City’s acceptance of any portion of the Construction Project as complete or free of defects or nonconformities, nor shall it operate as a waiver of Contractor’s obligations under the Agreement including, but not limited to, Contractor’s testing and warranty obligations. Final Payment A. Upon completion of the Construction Project, Contractor shall submit a final Application for Payment to the City’s Representative seeking payment of the remaining balance of Contractor’s compensation, including all retainage amounts. Contractor shall attach all supporting documentation and receipts to the final Application for Payment to verify that the Construction Project has been fully and finally completed in compliance with all terms and conditions of the Agreement, including complete and legally effective releases or waivers of all liens or encumbrances that have been filed against the Construction Project, and a consent from all of Contractor’s sureties to final payment. In addition, Contractor shall include an affidavit signed by the Contractor stating that all previous monthly progress payments received have been applied on account to discharge Contractor’s obligations associated with the Construction Project and that the prior Applications for Payment and all claims asserted by any person arising from or related to the Construction Project have been settled or satisfied. In the event any claims have not been settled or satisfied, the Affidavit shall contain a complete listing of such claims, the name and address of each person making a claim, the facts and circumstances surrounding each claim, the amount of each claim, and the efforts made to date by Contractor to resolve, settle or satisfy each claim. B. City and its architect or engineer shall promptly review the final Application for Payment and, within twenty-one (21) days after receipt of the request, determine whether it should be disapproved in whole or in part. The final Application for Payment is considered to have been received when it is submitted to City’s Representative and is considered approved unless the City’s Representative provides the Contractor with a written statement containing specific items that are being disapproved prior to the expiration of the 21-day period. A final payment or any portion may be disapproved upon a claim of: (1) unsatisfactory job progress; (2) Page 26 of 28 Version 12 14 15 after City’s final inspection of the Construction Project, Contractor has not completed all punch list items and failed to remedy defective construction work or materials; (3) disputed work or materials; (4) failure to comply with material provisions of this Agreement, drawings, plans, specifications for the Construction Project, or other required documents including, but not limited to, payroll certifications, insurance coverage, bonding, lien releases, warranties, material certifications, and test data; (5) failure of Contractor to make timely payment for claims including, but not limited to, claims for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; (6) claims have been brought or liens have been filed against Contractor or the City related to the Construction Project, or any such claims have not been properly documented in Contractor’s Affidavit; (7) damage to the City; (8) Contractor has not delivered all maintenance and operating instructions, marked-up record documents, and any other documents relating to the Construction Project as required by City; and (9) the Contractor is not in compliance with applicable federal, state, and local laws, rules, and ordinances and has not remedied the noncompliance. C. The City’s Representative will furnish Contractor a written statement specifying a reason for disapproval that is listed in Section B above for which approval of the final Application for Payment or a portion thereof is being withheld. If the City disapproves only a portion of an Application for Payment, the remainder of the Application for Payment is considered approved. D. Final payment is due and payable within fourteen (14) days of the City’s Representative’s approval, but City may withhold an amount that is sufficient to pay the direct expenses that the City may reasonably expect will be necessary to correct any claim based on the nine (9) items set out in Section B above and any tax withholding required by law. Page 27 of 28 Version 12 14 15 EXHIBIT D Change of Work Specifications A. City may, at any time or from time to time, order changes, additions, deletions, or revisions to the work on the Construction Project by submitting a written Change Order to Contractor on a form as provided for by the City. Upon receipt of any Change Order, Contractor shall comply with the terms of the changed work as reflected in the Change Order. B. City and Contractor shall negotiate in good faith for an agreement as to any increase or decrease in the Contractor’s compensation that results from any Change Order. The increased or decreased Contractor’s compensation shall be set forth in the Change Order and both the City and the Contractor shall sign the Change Order as an indication of their respective acceptance of the changes and modifications to the Agreement. In the event the City and Contractor are unable to agree upon the increase or decrease in Contractor’s compensation resulting from any Change Order, such increase or decrease shall be determined as follows: 1. increases to Contractor’s compensation shall be calculated as follows and shall be evidenced by Contractor’s submission to the City of its actual supporting documentation including time slips/cards, invoices, and receipts: a. by unit prices otherwise set forth in the Agreement or subsequently agreed upon; b. by an agreed upon lump sum; or c. by the cost of the work and an agreed upon mark-up for Contractor’s overhead and profit, with the costs of the work determined as follows: (i) Contractor’s actual, direct payroll expenses for the cost of labor. Payroll expenses shall only include actual gross wages paid, without any deductions, withholding, or overhead. The agreed upon mark-up fee shall cover Contractor’s liability insurance, workers’ compensation, and Social Security taxes applicable to said wages, Contractor’s reasonable profit, the costs for the use of small tools and equipment not otherwise classified under heavy equipment use, and Contractor’s general overhead expenses. (ii) Contractor’s actual cost of materials, including actual transportation costs, for all materials supplied by Contractor. (iii) Costs for the use of heavy equipment and the transportation of the same. Such costs shall be the actual rental fees incurred for the use of the heavy equipment and the actual costs of transporting such heavy equipment to and from the site of the Construction Project. Page 28 of 28 Version 12 14 15 2. Decreases to Contractor’s compensation shall be determined by the City’s good faith estimate. If Contractor disagrees with such good faith estimate, Contractor can avail itself of the Dispute Resolution provisions set forth in the Agreement. C. Except for minor modifications in the work not involving an increase of costs or Contractor’s compensation and not inconsistent with the purposes of the work required by the Agreement, and except in an emergency situation which endangers life or property, no change to the work requirements shall be made unless pursuant to a written Change Order duly executed. D. Contractor shall not be entitled to any increase in the Contractor’s compensation or the extension of any deadlines set forth in Construction Schedule with respect to any work performed by Contractor that is not required by the terms and conditions of the Agreement and is not contained in a duly executed Change Order. Page 29 of 28 Version 12 14 15 EXHIBIT E Required Insurance Coverage Contractor shall purchase and maintain insurance coverage as set forth below. The insurance policy must protect, defend, and indemnify the City, its employees, officers, and agents and must endorse the City, its employees, officers and agents as an additional insureds and be written on a “primary—noncontributory basis.” Each coverage shall be obtained from an insurance company that is duly licensed and authorized to transact insurance business and write insurance within the state of Montana, with a minimum of “A.M. Best Rating” of A-, VI, as will protect the Contractor, the various acts of subcontractors, the City and its officers, employees, agents, and representatives from claims for bodily injury and/or property damage which may arise from operations and completed operations under this Agreement. All insurance coverage shall remain in effect throughout the life of this Agreement and for a minimum of one (1) year following the date of expiration of Contractor’s warranties. All insurance policies must contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least forty-five (45) days prior written notice has been given to Contractor, City, and all other additional insured to whom a certificate of insurance has been issued. Required Insurance Coverage: 1. Commercial General Liability (bodily injury and property damage) $1,500,000 per occurrence $3,000,000 aggregate 2. Products and Completed Operations $3,000,000 3. Automobile Liability (all owned, hired, non-owned) $1,500,000 per accident 4. Workers’ Compensation Not less than statutory limits 5. Employers’ Liability $1,500,000 6. Professional Liability (E&O) $1,500,000 (only if applicable) 7. Builder’s Risk/Property Insurance (for buildings) Equal to greater of Contractor’s compensation or full replacement (covering all work. buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) 8. Owner’s and Contractor’s Protective Liability $1,000,000 per occurrence $3,000,000 aggregate 9. Contractual Liability Insurance (covering indemnity obligations) $1,000,000 per occurrence $3,000,000 aggregate Page 30 of 28 Version 12 14 15 EXHIBIT F Required Bonds Contractor shall make, execute, purchase, maintain and deliver to City performance and payment bonds in an amount at least equal to the Contractor’s compensation under this Agreement, conditioned that the Contractor shall faithfully perform of all of Contractor’s obligations under this Agreement and pay all laborers, mechanics, subcontractors, material suppliers and all persons who supply the Contractor or Contractor’s subcontractors with provisions, provender, material, or supplies for performing work on the Construction Project. All bonds must be obtained with a surety company that is duly licensed and authorized to transact business within the state of Montana and to issue bonds for the limits so required. The surety company must have a Best’s Financial Strength Rating of A, as rated by the A. M. Best Co., or an equivalent rating from a similar rating service. All bonds must remain in effect throughout the life of this Agreement and for a minimum of one (1) year following the date of expiration of Contractor’s warranties. A certified copy of the agent’s authority to act must accompany all bonds signed by an agent. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business within the state of Montana is terminated, Contractor shall promptly notify City and shall within twenty (20) days after the event giving rise to such notification, provide another bond with another surety company, both of which shall comply with all requirements set forth herein. Bond Types and Amounts: 1. Performance Bond Equal to Contractor’s compensation amount 2. Labor and Materials Bond Equal to Contractor’s compensation amount Revised 9/2/11 1 EXHIBIT G Scope of Work & Drawings, Plans and Specifications The Drawings, Plans and Specifications provided by the City or its architect or engineer as described below: This project is to include repainting the exterior finished surfaces of the Story Mansion. The Carriage House which is also on the property is not to be included in this project. The Story Mansion, built in 1910, is a contributing structure to the Bon Ton Historic District listed in the National Register of Historic Places. Work done on exterior wood surfaces shall follow the best practices recommended by the Secretary of the Interior’s Standards for Rehabilitation. In summary, these sources state: 1. Removing paint from historic buildings—except for cleaning, light scraping of loose layers, and light hand sanding to feather between layers of old paint or between old paint and exposed wood should be avoided unless absolutely essential. 2. If conditions warranting old paint removal are identified the approach should be to remove paint to the next sound layer using the gentlest means possible, then to repaint. 3. Power tools, heat tools, highly abrasive chemicals are inconsistent with best practices for historic preservation and must be specifically approved prior to use on this project. 4. Paint and wood conditions vary at different points on the building requiring a careful inspection before work commences. Each compass face of painted exterior woodwork (conditions vary based on sun and weather exposure) should be examined early in the planning phase and surface conditions noted. 5. If repair of rotted wood is impossible, replacement pieces should be in accordance with best practices for Historic Preservation. Damaged or rotted wood should be replaced “in kind” with rot-resistant wood. Preparation of Painted Surfaces 1. Wash all exterior wood and metal surfaces with TSP or other appropriate cleaning compound prior to scraping, sanding, or priming. If pressure washers are to be used, contractor is responsible for ensuring that their use does not result in damage to any surfaces. 2. Repairs to degraded exterior wood surfaces will be made by the City prior to the start of the painting project, however it is foreseeable that painters will encounter pieces of trim or siding that are poorly secured. It is expected that the painting contractor will re-secure any loose wood encountered with nails, screws or glue as needed for the proper application of paint. 3. If substantial damage to siding or trim is found while preparing for painting, requiring fabrication and replacement, the contractor is to inform the City promptly so that it may be addressed without delaying the project. 4. On all wood and metal surfaces, remove all peeling, scaling and old failing paint layers and caulking. 5. “Feather” sand all remaining paint surfaces to minimize edges of existing painting layers and create a smooth surface transition. 6. Remove old caulking in joints between wood and masonry or metal. Clean substrates prior to application of new caulking. Revised 9/2/11 2 7. Fill any nail or other holes, cracks, joints or other penetrations on exterior surfaces. Achieve a “caulk to finish” surface in wood to masonry joints. 8. Use rust-resistant nails/screws when refastening existing loose wood or installing replacement wood items. 9. Any metal surface is to be prepared and painted within the same day 10. Bare wood surfaces should not be left exposed longer than 96 hours before receiving a prime coat. Any bare wood surfaces exposed longer than 96 hours will need to be lightly re-sanded to remove any decomposed wood fiber from UV radiation. 11. Use appropriate measures to contain and collect all paint and caulking debris and appropriately dispose of such debris at the end of each workday. Any debris containing lead paint shall be appropriately controlled and managed by the painting contractor. Application 1. Prime all bare wood and paint all exterior surfaces to include, but not limited to, siding, fascia, shadow and trim boards, eaves, door frames and trim, window frames and trim, railings, steps, ramps, shutters, etc. 2. Primer shall be a minimum of one (1) coat on all bare wood 3. Topcoats shall be applied with a minimum of two (2) coats. 4. Follow manufacturers recommended procedures for producing best results, including testing of substrates, moisture in substrates, and humidity and temperature limitations. 5. Do not apply materials when surface and ambient temperatures are outside the temperature ranges required by the paint product manufacturer. 6. Do not apply exterior coatings during rain or snow, or when relative humidity is outside the humidity ranges required by the paint product manufacturer. 7. Each coat of paint must be uniform in color, gloss, thickness, and texture and free of runs, sags, blisters, or other discontinuities. 8. If paint is applied with a sprayer, paint shall be back-brushed to ensure uniform coverage and penetration, and to leave a brushed finish. Materials 1. Paint used on this project shall be Sherwin Williams products as follows: a. Body i. Spot Prime: B51T00600 – Prime Rx Peel Bonding Primer Clear ii. 2 Coats: K32W00251 – Duration Exterior Latex Flat b. Trim i. Spot Prime: B51T00600 – Prime Rx Peel Bonding Primer Clear ii. 2 Coats: K30W00251 – Duration Exterior Latex Low Luster 2. Color codes will be provided by the City prior to start of project. General Provisions 1. All materials, equipment, supplies and labor required for this project will be supplied by the contractor. 2. Contractor shall use ladders, scaffolding or lift devices in a reasonable and prudent manner that will not damage the roof or other components of the structure. 3. All existing landscaping will be covered/protected during the project. If any landscaping is significantly damaged during the project, the contractor will be responsible for repairing or Revised 9/2/11 3 replacing the landscaping. The contractor should include an explicit plan in their bid addressing this requirement. 4. There is likely lead paint present given the age of the building. While extensive abatement is not required for this project, the selected contractor will be responsible for managing the disturbance and disposal of lead containing paint debris in accordance with applicable regulations. 5. Operating equipment or performing any construction or repair work will be authorized between the hours defined in The City of Bozeman Code of Ordinances Section 16.06.070. Revised 9/2/11 4 PERFORMANCE BOND (Insert full legal name and address of Contractor) as Principal, hereinafter called CONTRACTOR, and: (Insert full legal name and address of Surety) as Surety, hereinafter called SURETY, are held and firmly bound unto: City of Bozeman, Montana 121 North Rouse Ave. PO Box 1230 Bozeman, MT 59771-1230 as Obligee, hereinafter called CITY, in the amount of: (Dollars) ($ ) for the payment, whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. WHEREAS, CONTRACTOR has, by written agreement dated 20 , entered into a contract with CITY for: (Insert project name) in accordance with drawings and specifications prepared by: (Insert company name) which contract is by reference made a part hereof, and is hereinafter referred to as the Agreement. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly and faithfully perform said Agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. As a minimum, this obligation shall remain in full force and effect beyond the completion of all work to include the correction period as specified in the Contract Documents. The SURETY hereby waives notice of any alteration or extension of time made by CITY. Revised 9/2/11 5 Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Agreement, CITY having performed CITY’s obligations thereunder, the SURETY may promptly remedy the default or shall promptly: 1. Complete the Agreement in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsible bidder, or, if CITY elects, upon determination by CITY and the SURETY jointly of the lowest responsible bidder, arrange for a contract between such bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which SURETY may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price,” as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Agreement and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than CITY named herein or the heirs, executors, administrators, or successors of CITY. IN WITNESS WHEREOF, this instrument is executed in ( ) counterparts, each one (number) of which shall be deemed an original, this the day of , 20 . CONTRACTOR AS PRINCIPAL: SURETY: (Seal) Company Name Surety Name and Corporate Seal By: Signature (Seal) By: Signature Attorney-in-Fact Printed Name Printed Name (Attach Power of Attorney) Title Attest: Signature Attest: Signature Title Title NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is a partnership, all partners must execute Bond. Version 12 16 15 Page 1 of 3 PAYMENT BOND (Insert full legal name and address of Contractor) as Principal, hereinafter called CONTRACTOR, and: (Insert full legal name and address of Surety) as Surety, hereinafter called SURETY, are held and firmly bound unto: City of Bozeman, Montana 121 North Rouse Ave. PO Box 1230 Bozeman, MT 59771-1230 as Obligee, hereinafter called CITY, for the use and benefit of claimants as herein below defined in the amount of: (Dollars) ($ ) for the payment, whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has, by written agreement dated 20 , entered into a contract with CITY for: (Insert project name) in accordance with drawings and specification prepared by: (Insert company name) which contract is by reference made a part hereof, and is hereinafter referred to as the Agreement. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly make payments to all claimants as hereinafter defined, for all labor and materials used or reasonably required for use in the performance of the Agreement, and any duly authorized modifications that may hereafter be made, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: Version 12 16 15 Page 2 of 3 1. A claimant is defined as one having a direct contract with the CONTRACTOR or with a subcontractor of CONTRACTOR as defined by Title 18, Chapter 2, Part 2, MCA, for labor, materials, or both, used or reasonably required for use in the performance of the Agreement; labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Agreement. 2. The above named CONTRACTOR and SURETY hereby jointly and severally agree with CITY that every claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant in the name of CITY, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon, provided, however, that CITY shall not be liable for the payment of any costs or expenses of any such suit. 3. A claimant may only commence a suit or action: a. If the claimant has complied with applicable state laws; and b. In District Court located in and for Gallatin County, Montana, in Bozeman Municipal Court, if applicable, or in the United States District Court for the district in which the project, or any part thereof, is situated and not elsewhere. 4. Special exceptions: 5. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payments by SURETY of construction liens which may be filed on record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Version 12 16 15 Page 3 of 3 IN WITNESS WHEREOF, this instrument is executed in ( ) counterparts, each one (number) of which shall be deemed an original, this the day of , 20 . CONTRACTOR AS PRINCIPAL: SURETY: (Seal) Company Name Surety Name and Corporate Seal By: Signature (Seal) By: Signature Attorney-in-Fact Printed Name Printed Name (Attach Power of Attorney) Title Attest: Signature Attest: Signature Title Title NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is a partnership, all partners must execute Bon SUBMITTED BY (CONTRACTOR) AUTHORIZED AGENT DATE REVIEWED BY (CONSULTANT) AUTHORIZED AGENT DATE APPROVED BY (OWNER) AUTHORIZED AGENT DATE Project Name: Story Mansion Exterior Painting Project No.: Location: Bozeman, Montana Owner: City of Bozeman, Strategic Services Contractor: 20 E. Olive Street Bozeman, Montana 59715 This information is submitted for the approval of the Owner. The following Subcontractors have been retained to provide materials and / or labor in the interests of the Project. All Subcontractors with contracts in the amount of $5,000.00 or more have been listed. The Contractor certifies:  The Subcontractors have been advised of all requirements, provisions, and standards applicable to the Project.  The provisions of the Contract between the Owner and the Contractor will be incorporated into the contracts between the Contractor and Subcontractors.  The Subcontractors are qualified to accomplish the work for which they have been retained. SUBCONTRACTOR NAME SCOPE OF WORK LICENSE NO. LIST OF SUBCONTRACTORS SUBMITTED BY (CONTRACTOR) AUTHORIZED AGENT DATE REVIEWED BY (CONSULTANT) AUTHORIZED AGENT DATE APPROVED BY (OWNER) AUTHORIZED AGENT DATE Project Name: Location: Story Mansion Exterior Painting Bozeman, Montana Project No.: Owner: City of Bozeman, Strategic Services Contractor: 20 E. Olive Street Bozeman, Montana 59715 This information is submitted for the purpose of evaluating applications for payment. The following is a complete accounting of the amounts used to generate the Contract Sum: DIVISION SCOPE OF WORK MATERIAL LABOR OTHER TOTAL SCHEDULE OF VALUES SUBMITTED BY (CONTRACTOR) AUTHORIZED AGENT DATE REVIEWED BY (CONSULTANT) AUTHORIZED AGENT DATE APPROVED BY (OWNER) AUTHORIZED AGENT DATE MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES 2022 Effective: January 1, 2022 Greg Gianforte, Governor State of Montana Laurie Esau, 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 ERD at erd.dli.mt.gov/labor-standards or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59620-1503 Phone 406-444-6543 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 erd.dli.mt.gov/labor-standards 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. LAURIE ESAU Commissioner Department of Labor and Industry State of Montana 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: 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 WAGE RATES: 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 - STRUCTURAL STEEL AND REBAR PLACERS ……………………………………………………………................................................... 15 MILLWRIGHTS …………………………………………………………………………………………………………………………......................................................................... 15 PAINTERS: INCLUDING PAPERHANGERS ………………………...……………………………………………………………….......................................................... 15 PILE BUCKS ……………………………………………………………………………………………………………………………........................................................................... 16 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 …………………………………………………………………………………………………………………………..................................................................... 21 3 A. Date of Publication January 1 2022 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(a), 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 “…a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision 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 https://erd.dli.mt.gov/labor- standards/ 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: “(1) 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 (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) 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. (3) 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.” 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the 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: 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(24), defines zone pay as “...an 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(22), 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(18), 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. 6 P. Projects of a Mixed Nature Section 18-2-418, MCA states: “(1) 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. (2) 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: https://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates/building-construction-occupations 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. 7 WAGE RATES BOILERMAKERS Wage Benefit Travel: District 1 $34.12 $31.68 All Districts District 2 $34.12 $31.68 0-120 mi. free zone District 3 $34.12 $31.68 >120 mi. federal mileage rate/mi. District 4 $34.12 $31.68 Special Provision: Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, and pressure vessels. Travel is paid only at the beginning and end of the job. Per Diem: All Districts 0-70 mi. free zone >70-120 mi. $65.00/day >120 mi. $80.00/day ↑ Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: District 1 $31.38 $16.32 All Districts District 2 $31.38 $16.32 0-70 mi. free zone District 3 $31.38 $16.32 >70-90 mi. $60.00/day District 4 $31.38 $16.32 >90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: District 1 $25.73 $11.44 All Districts District 2 $25.75 $14.11 0-30 mi. free zone District 3 $27.39 $13.82 >30-60 mi. base pay + $4.00/hr. District 4 $25.75 $13.82 >60 mi. base pay + $6.00/hr. Duties Include: Install roll and batt insulation, and hardwood floors. ↑ Back to Table of Contents 8 CARPET INSTALLERS No Rate Established Duties Include: Lay and install carpet from rolls or blocks on floors. Install padding and trim flooring materials. Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Travel and Per Diem: District 1 $24.44 $5.74 All Districts District 2 $24.44 $5.74 No travel or per diem established District 3 $24.23 $6.23 District 4 $24.23 $6.23 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Rates for rebar workers can be found under the Ironworkers classification. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: District 1 $27.91 $12.70 All Districts District 2 $27.91 $12.70 0-30 mi. free zone District 3 $27.91 $12.70 >30-60 mi. base pay + $3.50/hr. District 4 $27.91 $12.70 >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small) 12 inch and under; 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, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. ↑ Back to Table of Contents 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: District 1 $28.70 $12.70 All Districts District 2 $26.50 $10.67 0-30 mi. free zone District 3 $28.70 $13.55 >30-60 mi. base pay + $3.50/hr. District 4 $28.70 $12.70 >60 mi. base pay + $5.50/hr. 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. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: District 1 $29.45 $12.70 All Districts District 2 $29.45 $12.70 0-30 mi. free zone District 3 $25.97 $ 9.04 >30-60 mi. base pay + $3.50/hr. District 4 $29.45 $12.70 >60 mi. base pay + $5.50/hr. 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. ↑ Back to Table of Contents 10 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: District 1 $30.45 $12.70 All Districts District 2 $30.45 $12.70 0-30 mi. free zone District 3 $30.45 $12.70 >30-60 mi. base pay + $3.50/hr. District 4 $30.45 $12.70 >60 mi. base pay + $5.50/hr. 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. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: District 1 $31.45 $12.70 All Districts District 2 $31.45 $12.70 0-30 mi. free zone District 3 $31.45 $12.70 >30-60 mi. base pay + $3.50/hr. District 4 $31.45 $12.70 >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: District 1 $32.45 $12.70 All Districts District 2 $32.45 $12.70 0-30 mi. free zone District 3 $32.45 $12.70 >30-60 mi. base pay + $3.50/hr. District 4 $32.45 $12.70 >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). ↑ Back to Table of Contents 11 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: District 1 $33.45 $12.70 All Districts District 2 $33.45 $12.70 0-30 mi. free zone District 3 $33.45 $12.70 >30-60 mi. base pay + $3.50/hr. District 4 $33.45 $12.70 >60 mi. base pay + $5.50/hr. 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. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: District 1 $22.10 $11.77 All Districts District 2 $22.10 $11.77 0-15 mi. free zone District 3 $22.10 $11.77 >15-30 mi. base pay + $0.65/hr. District 4 $22.10 $11.77 >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 Zone Pay: District 1 $21.64 $ 7.87 All Districts District 2 $19.54 $ 9.29 0-15 mi. free zone District 3 $21.35 $ 8.31 >15-30 mi. base pay + $0.65/hr. District 4 $19.01 $11.77 >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. 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. ↑ Back to Table of Contents 12 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: District 1 $23.10 $11.77 All Districts District 2 $23.10 $11.77 0-15 mi. free zone District 3 $23.10 $11.77 >15-30 mi. base pay + $0.65/hr. District 4 $23.10 $11.77 >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. 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. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: District 1 $22.07 $11.77 All Districts District 2 $23.07 $11.77 0-15 mi. free zone District 3 $21.31 $11.77 >15-30 mi. base pay + $0.65/hr. District 4 $22.13 $11.77 >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. 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. ***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 Wage Benefit Zone Pay: District 1 $25.75 $13.82 All Districts District 2 $25.75 $14.11 0-30 mi. free zone District 3 $25.75 $13.82 >30-60 mi. base pay + $4.00/hr. District 4 $25.75 $13.82 >60 mi. base pay + $6.00/hr. Duties Include: Drywall and ceiling tile installation. ↑ Back to Table of Contents 13 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL Wage Benefit District 1 $32.22 $14.97 District 2 $32.06 $15.50 District 3 $32.65 $15.33 District 4 $35.59 $15.82 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 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 ELEVATOR CONSTRUCTORS Wage Benefit Travel: District 1 $55.73 $40.98 All Districts District 2 $55.73 $40.98 0-15 mi. free zone District 3 $55.73 $40.98 >15-25 mi. $49.88/day District 4 $55.73 $40.98 >25-35 mi. $99.75/day >35 mi. $84.90/day or cost of receipts for hotel and meals, whichever is greater. ↑ Back to Table of Contents 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 Travel and Per Diem: District 1 $23.28 $5.66 All Districts District 2 $23.28 $5.66 No travel or per diem established. District 3 $23.28 $5.66 District 4 $23.58 $5.66 ↑ Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: District 1 $31.84 $19.89 All Districts District 2 $31.84 $19.89 0-45 mi. free zone District 3 $31.36 $17.68 >45 mi. District 4 $31.84 $19.89  $0.25/mi. in employer vehicle.  $0.65/mi. in employee vehicle. Duties Include: Testing and balancing, commissioning and retro- commissioning of all air-handling equipment and duct work. Per Diem: All Districts $85/day ↑ Back to Table of Contents INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: District 1 $35.37 $21.87 All Districts District 2 $35.37 $21.87 0-30 mi. free zone District 3 $35.37 $21.87 >30-40 mi. $25.00/day District 4 $35.37 $21.87 >40-50 mi. $35.00/day >50-60 mi. $45.00/day Duties Include: >60 mi. $60.00/day plus Insulate pipes, ductwork or other mechanical systems.  $0.56/mi. if transportation is not provided.  $0.20/mi. if in company vehicle. >60 mi. $100.00/day on jobs requiring an overnight stay plus  $0.56/mi. if transportation is not provided.  $0.20/mi. if in company vehicle. ↑ Back to Table of Contents 15 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit District 1 $29.15 $27.05 District 2 $29.01 $24.71 District 3 $29.01 $23.96 District 4 $29.01 $23.96 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: District 1 0-45 mi. free zone >45-60 mi. $45.00/day >60-100 mi. $70.00/day >100 mi. $90.00/day Special Provision: When the employer provides transportation, travel will not be paid. However, when an employee is required to travel over 70 miles one way, the employee may elect to receive the travel pay in lieu of the transportation. Districts 2, 3 & 4 0- 45 mi. free zone >45-85 mi. $70.00/day >85 mi. $100.00/day ↑ Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: District 1 $39.68 $14.27 All Districts District 2 $39.68 $14.27 0-30 mi. free zone District 3 $39.68 $14.27 >30-60 mi. base pay + $4.00/hr. District 4 $39.68 $14.27 >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS: INCLUDING PAPERHANGERS Wage Benefit Travel and Per Diem: District 1 $23.54 $0.00 All Districts District 2 $23.54 $0.00 No travel or per diem established. District 3 $23.17 $0.00 District 4 $23.17 $0.00 ↑ Back to Table of Contents 16 PILE BUCKS Wage Benefit Zone Pay: District 1 $32.75 $13.82 All Districts District 2 $32.75 $14.11 0-30 mi. free zone District 3 $32.75 $13.82 >30-60 mi. base pay + $4.00/hr. District 4 $32.75 $13.82 >60 mi. base pay + $6.00/hr. 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. ↑ 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. Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents 17 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit District 1 $34.38 $16.01 District 2 $36.35 $16.00 District 3 $36.35 $16.00 District 4 $34.21 $19.86 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. $30.00/day >50-75 mi. $45.00/day >75 mi. $85.00/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. In the alternative, employers may pay the employee the hourly rate of travel time in employer’s vehicle as an alternative to mileage. When using an employee’s vehicle, employee may be paid at 1 ½ times the hourly rate of pay as an alternative to mileage. If the hourly rate is chosen over mileage pay, hours shall be paid in half (1/2) hour increments. 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: $105.00/day. ↑ Back to Table of Contents 18 ROOFERS Wage Benefit District 1 $24.14 $8.12 District 2 $21.69 $9.66 District 3 $22.85 $5.42 District 4 $23.44 $5.68 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. $0.35/mi. District 2 and 3 0-35 mi. free zone >35 mi. $0.30/mi only when employer doesn’t provide transportation. District 4 0-50 mi. free zone >50 mi. $0.35/mi only when employer doesn’t provide transportation. Per Diem: District 1 $69.00/day District 2 and 3 Employer pays for room + $26.50/day. District 4 $63.00/day. ↑ Back to Table of Contents SHEET METAL WORKERS Wage Benefit All Districts District 1 $31.84 $19.89 0-45 mi. free zone District 2 $31.84 $19.89 >45 mi. District 3 $31.84 $19.89  $0.25/mi. in employer vehicle. District 4 $31.84 $19.89  $0.65/mi. in employee vehicle. 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. Per Diem: All Districts $90/day ↑ Back to Table of Contents 19 SOLAR PHOTOVOLTAIC INSTALLERS Wage Benefit District 1 $31.79 $15.86 District 2 $32.65 $16.39 District 3 $32.65 $15.33 District 4 $35.59 $15.82 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 20 SPRINKLER FITTERS Wage Benefit District 1 $37.20 $24.29 District 2 $35.66 $24.29 District 3 $35.23 $19.20 District 4 $35.66 $24.29 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. Per Diem No per diem is applicable when traveling in employee's vehicle The following per diem is applicable when traveling in employer's vehicle. 0-100 mi. free zone >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. ↑ Back to Table of Contents TAPERS No Rate Established Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents TELECOMMUNICATIONS EQUIPMENT INSTALLERS Wage Benefit Travel: District 1 $24.56 $ 9.56 All Districts District 2 $24.73 $10.91 The federal mileage rate/mi. in effect when travel occurs if District 3 $24.73 $ 8.52 using own vehicle. District 4 $24.73 $10.63 Per Diem: All Districts 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 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. ↑ Back to Table of Contents 21 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 TRUCK DRIVERS Pilot Car Driver No Rate Established Wage Benefit District 1 $26.43 $9.98 District 2 $26.43 $9.98 District 3 $28.88 $7.68 District 4 $27.71 $6.55 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