HomeMy WebLinkAboutRequest for Bids - Story Mansion Exterior PaintingSection 00100
CALL FOR BIDS
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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,
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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
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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.
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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.
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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
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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
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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.
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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:
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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:
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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
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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.
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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:
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APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
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EXHIBIT A
(Contractors submitted Bid Form)
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EXHIBIT B
(Construction Schedule)
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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.
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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)
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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14
FLOOR LAYERS
No Rate Established
Apply blocks, strips, or sheets of shock-absorbing, sound-
deadening, or decorative coverings to floors.
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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TAPERS
No Rate Established Travel and Per Diem:
All Districts
No travel or per diem established.
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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.
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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
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TILE AND STONE SETTERS
No Rate Established
Duties Include:
Apply hard tile, stone, and comparable materials to walls,
floors, ceilings, countertops, and roof decks.
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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.
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