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HomeMy WebLinkAboutMSU IC Addendum 1Addendum Number: 1 Date Issued: March 14, 2023 Project Name: MSU InnovaƟon Campus Landscaping Pages in Addendum: 109 pages (Including this sheet) This Addendum consists of the following: Addendum to Contract Documents: The addiƟons, clarificaƟons and correcƟons contained herein shall be made to the Project Manual and Drawings for the above-referenced project, and shall be included in the scope of work and proposals to be submiƩed. References made below to the Project Manual and Drawings shall be used as a general guide only. Bidder shall determine the extent of work affected by Addendum items. AddiƟons to the ContracƟng Requirements: INVITATION TO BID (Has not changed from the original version, included for convenience) BID FORM MEASUREMENT AND PAYMENT NONCOLLUSION AFFIDAVIT NONDISCRIMINATION AND EQUAL PAY AFFIRMATION BID BOND FORM (EJCDC No. C-430, 2010 Edition) AGREEMENT FORM PERFORMANCE BOND (EJCDC No. C-610, 2013 Edition) PAYMENT BOND (EJCDC No. C-615, 2013 Edition) PREVAILING WAGE RATES (MT. Dept. Of Labor & Industry) MISCELLANEOUS FORMS NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER FIELD ORDER WORK CHANGE DIRECTIVE ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION FOR PAYMENT FORM 1 APPLICATION FOR PAYMENT FORM 2 CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE SUBCONTRACTOR RELEASE SURETY’S CONSENT TO FINAL PAYMENT The following Project SpecificaƟons have been updated: 0920 Soil Prep: Adjusted amount of needed imported topsoil from 6” everywhere to 2” in sod areas. Removed fine sand and drain rock from the specificaƟon. 0930 Lawn and Grass: Added wetland seed mix to product secƟons. 0950 PlanƟng: Removed edging, vine supports, and weed fabric from the specificaƟon. CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Montana State University Innovation Campus (MSUIC) Landscape Separate sealed bids for the MSUIC Landscape will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 3:00 p.m., local time, March 27th, 2023 and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk’s Office, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 3:00 p.m., local time, March 27th, 2023. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work is generally described as follows (the “Work”): The scope of work for the project will include the installation of boulevard landscaping and irrigation along Technology Blvd, Innovation Ave, West Garfield, and West College. It also includes landscaping along the water courses, walking trails, and retention ponds. The work will be done under a single contract. Bidding Documents will be distributed to various Montana builder’s exchanges. Bidding Documents will be available from Tate Management in electronic PDF format. For access to electronic documents, bidders should contact cristie@tatemanagement.com. Questions and other inquiries regarding the Bidding Documents should be directed to Cristie Tate at 406-209-0154. A hard copy set of project documents may be obtained at your own cost from Selby’s, 525 Professional Dr, Bozeman, MT 59715, phone: (406) 587-0782. Call ahead and they will contact you when the documents are ready. In addition, the drawings and Project Manual may also be examined electronically at the following locations:  Bozeman Builders Exchange, 1105 Reeves Rd. W., Suite 800, Bozeman, MT 59718;  Other regional plan centers. Contract documents will be available for pickup, or electronic download starting March 5, 2023. There will be a Pre-Bid Conference at Martel’s construction trailer on the MSU IC campus located at 2380 Technology Blvd at 10AM on March 20th. Interested CONTRACTORS are encouraged to attend or send a representative. The meeting may also be attended virtually via a virtual meeting. Please reach out to Tate Management (cristie@tatemanagement.com) for a link. 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, 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. The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this project 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. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this project and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. 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 3:00 p.m., local time, March 27, 2023. 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 19th day of March 2023. Mike Maas City Clerk City of Bozeman Published Bozeman, Montana, Sunday, March 5, 2023 Sunday, March 12, 2023 Sunday March 19, 2023 Section 00300 - Page 1 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc BID FORM PROJECT IDENTIFICATION: Montana State University Innovation Campus (MSUIC)- Landscape Bozeman, Montana CONTRACT IDENTIFICATION AND NUMBER: THIS BID IS SUBMITTED TO: City Clerk’s Office City Hall 121 No. Rouse Avenue P.O. Box 1230 Bozeman, Montana 59715 ARTICLE 1 – CONTRACT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents, to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER’s Notice of Award. ARTICLE 2 - BID TO REMAIN OPEN 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitations those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. ARTICLE 3 - SUBMITTING THE BID 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: Section 00300 - Page 2 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date ________ ________ ________ ________ ________ B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in the Supplementary Conditions SC-4.02 as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions SC-4.06 as containing reliable “technical data”. E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 3.01 E above, Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. Section 00300 - Page 3 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 3.02 Bidder further certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual, firm, or entity to refrain from bidding; D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER; and E. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 3.02 E: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and Section 00300 - Page 4 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3.03 The Bidder certifies that no official of the OWNER, ENGINEER or any member of such official’s immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the Bidder. ARTICLE 4 - BID SHEET SCHEDULES 4.01 Bidder will complete the Work in accordance with the Contract Documents and the provisions below for the following price(s) as summarized in the Bid Sheet Schedule(s) hereinafter. A. The Bidder understands and acknowledges that estimated quantities are not guaranteed and are solely the purpose of comparing Bids from the various Bidders and that final payment under the Contract for all unit price bid items will be based on the actual quantities of work installed and measured in accordance with the Contract Documents. Bidder will complete the Work for the price set forth in the following unit price or lump sum schedules. B. The Bidder agrees that all sales and use taxes are included in the stated bid prices for the work, unless provision is made herein for the Bidder to separately itemize the estimated amount of sales or use taxes. C. All specific cash allowances are included in the Lump Sum prices set forth below and have been computed in accordance with the General Conditions. D. Unit Prices have been computed in accordance with the General Conditions. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed after extensions are checked and corrections made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract. E. The OWNER reserves the right to reject any or all bids. F. A single contract for the work shall be awarded. Bidders shall submit a Bid for all Bid Schedules on a unit price and/or lump sum basis for each item of Work listed as provided and described below. Section 00300 - Page 5 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc G. A contingency factor of approximately 5% has been used in estimating the quantities for the following items: Item 105: Sod, fine grade, level, rockhound Item 106: Retention Pond Seeding Item 107: Native Seeding Section 00300 - Page 6 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc MSUIC Public Infrastructure- Landscape BID SHEET The Bid for the following items shall be a unit price or lump sum bid for all construction work described in the Contract Documents. The bid price shall include all temporary or permanent equipment, materials, supplies, and labor necessary to construct the item in accordance with the Contract Documents. ITE M NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE SCHEDULE I 101 Mobilization / Demobilization 1 LS 102 Taxes, Bonds, & Insurance 1 LS 103 Plant Material, Staking Material and Labor 1 LS 104 Boulders and placement 1 LS 105 Sod, fine grade, level, rockhound 55000 SF 106 Retention Pond seed 52920 SF 107 Native Seed 128000 SF 108 Irrigation 1 LS TOTAL UNIT PRICE BID- SCHEDULE I Schedule I Total Bid in Figures: $____________________ Section 00300 - Page 7 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc TOTAL UNIT PRICE BID Sub Total: Schedule I $___________________ Total Bid in Figures $____________________ Total Bid in Words: ________________________________________________________ _____________________________________________________________________ ARTICLE 5 - CONTRACT TIME 5.01 The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. 5.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. ARTICLE 6 - LIQUIDATED DAMAGES AND DAMAGES FOR ADDITIONAL ENGINEERING SERVICES 6.01 In the event the Bidder is awarded the Contract and shall fail to meet the Substantial Completion time limits provided by the Contract Documents, liquidated damages shall be paid to the OWNER by the Bidder at the rate stated in the Agreement until all work shall be determined to meet the Substantial Completion requirements of the Contract Documents. In addition, the Bidder shall pay to the OWNER damages at the rates specified in Sections 6.05 and 6.06 for expenses incurred by the OWNER for additional engineering services resulting from Bidder’s failure to meet the Substantial Completion time limits. In the event the Bidder shall fail to meet the Final Completion time limits provided by the Contract Documents, liquidated damages shall be paid to the OWNER by the Bidder at the rate stated in the Agreement until all work shall be determined to meet the Final Completion requirements of the Contract Documents. In addition, the Bidder shall pay Section 00300 - Page 8 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc to the OWNER damages at the rates specified in Sections 6.05 and 6.06 for expenses incurred by the OWNER for additional engineering services resulting from Bidder’s failure to meet the Final Completion time limits. 6.02 The Bidder agrees to pay these damages for failure to complete the work within the specified contract time both for compensation to the OWNER for non-use of the completed work and for compensation to the OWNER for expenses incurred by the OWNER for additional engineering services during the contract time overrun. 6.03 The Bidder further agrees to pay damages incurred by the OWNER for additional engineering services necessitated by the Bidder furnishing materials, workmanship, and/or equipment not in conformance with the Contract Documents resulting in additional construction administration/observation work and/or redesign work by the Engineer; or any reestablishment of survey lines or benchmarks destroyed by the Bidder’s actions; or additional work required by the failure of the Contractor to maintain adequate record documents. 6.04 Construction observation time will be accrued at straight time up to 40 hours per week and 1.5 times over 40 hours per week or legal holidays. The Contractor shall provide a construction schedule per Section 01300, SUBMITTALS. If the Contractor intends to work double shifts, then two construction observers may be required. If two construction observers are on the job, then observation time will be accrued at straight time up to 40 hours per week per observer. 6.05 Damages for additional engineering services shall be determined based on the following hourly rates: Straight Time Overtime Engineer $159.00/Hour $159.00/Hour Resident Observer $132.00/Hour $132.00/Hour Surveyor $142.00/Hour $142.00/Hour Technician $112.00/Hour $168.00/Hour Clerical $86.00/Hour $129.00/Hour 6.06 Out of pocket expenses for materials, equipment, supplies, transportation and subsistence for additional engineering services shall be billed at cost plus 10 percent. 6.07 Liquidated damages and damages shall be deducted from monthly progress payments and the final payment as the damages are incurred. ARTICLE 7 - BID DOCUMENTS 7.01 The following documents are attached to and made a condition of this Bid: Section 00300 - Page 9 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond, or other form of Bid Security as identified in the Instructions to Bidders. 1. Surety. If the Bidder is awarded a construction Contract on this Bid Form, the Surety who provides the Performance Bond and Payment Bond will be: whose address is Street City State Zip B. Non-Collusion Affidavit. C. Information Required of Bidders (tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid). E. Acknowledge and attach all Addenda. G. Affirmation of compliance with the City of Bozeman Resolution No. 4250. ARTICLE 8 - MEANING OF TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID REJECTION 9.01 The OWNER reserves the right to reject any or all bids. ARTICLE 10 - BID SUBMISSION SUBMITTED on _____________ , 20 . Montana Contractor Registration No. [Employer’s Tax ID No. .] Section 00300 - Page 10 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc If Bidder is: A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign if not a Corporate officer) Name (typed or printed): Title: Attest: (Corporate Seal) (Signature of Secretary) Business address: Phone No.:______________ FAX No.: ___________ Email ______________ Date of Qualification to do business in Montana is . An Individual Name (typed or printed): By: (SEAL) (Individual’s signature) Doing business as: Business address: Phone No.:______________ FAX No.: ___________ Email ______________ Section 00300 - Page 11 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc A Partnership Name (typed or printed): By: (SEAL) (Individual’s signature) Name (typed or printed): Business address: Phone No.:______________ FAX No.: ___________ Email ______________ A Joint Venture (Each Joint Venture must sign.) Joint Venturer Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.:______________ FAX No.: ___________ Email ______________ Joint Venturer Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Section 00300 - Page 12 of 12 01-03-00300 Bid Form c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc Phone No.:______________ FAX No.: ___________ Email ______________ Address of Joint Venture for Receipt of Official Communication: Address: Phone No.:______________ FAX No.: ___________ Email ______________ (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) END OF SECTION MEASUREMENT AND PAYMENT Measurement and Payment - Page 1 of 3 3/14/23 Measurement and Payment 1.01 SCOPE A. This Section describes the methods by which measurement will be made of the quantities for which payment will be made for the Project. Pay Items specifically provided in the Bid Form, but not specifically described below, will be measured and paid as specified in the individual technical specifications of MPWSS. B. Measurement and payment descriptions of all pay items specifically described below supersede the method of measurement and basis of payment described in the various sections of MPWSS. 1.02 General A. The total bid price for each item of the contract shall cover all work shown on the contract drawings and required by the specifications and other Contract Documents. All costs in connection with the Work, including furnishing all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid. No item that is required by the Contract Documents for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the bid. All work not specifically set forth as a pay item in the Bid Form, but required in the Contract Documents, shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid. B. The unit basis of measurement and payment for each bid item shall be the units specified on the bid form. Pay limits are defined by the lines and grades shown in the Contract Documents. No measurement or payment will be made for quantities outside of the pay limits due to Contractor exceeding the pay limits for Contractor’s convenience or due to Contractor not tightly controlling the extents of the Work. Measurement and Payment will only exceed bid quantities if there is an error in the bid quantities or if Engineer directs modifications that require increasing the quantities. 1.03 ESTIMATED QUANTITIES A. Either Owner or Contractor may request in writing that a supplemental agreement or change order be prepared to authorize an adjustment in the unit price of any MAJOR CONTRACT item if the quantity of said MAJOR CONTRACT item increases or decreases by more than 25 percent from that shown in the Contract Documents. A major contract item is defined as any MEASUREMENT AND PAYMENT Measurement and Payment - Page 2 of 3 3/14/23 bid item for a particular schedule having an original contract value in excess of ten (10) percent of the total original contract price for the entire bid schedule. 1.04 MEASUREMENT AND PAYMENT ITEMS Item 101: Mobilization / Demobilization This item is to be measured and paid by Lump Sum as follows: Twenty‐five percent (25%) of the amount bid for mobilization/demobilization shall be paid when five percent (5%) of the contract amount is paid for Work complete and for invoiced materials in storage; an additional 50% of the amount bid will be paid when 25% of the work is complete; and the remaining 25% will be paid when 100% of the work is completed. Payment also includes contractor’s demobilization upon completion of the Work. Item 102: Taxes, Bonds, and Insurance This item is to be measured and paid by Lump Sum as follows: One hundred percent (100%) to be paid on the 1st progress estimate, ONLY if the bid price for this item is less than five percent (5%) of the total Contract Amount. For that portion of the taxes, bonds and insurance greater than five percent (5%), if any, payment shall be made for the balance of the item when 90% of the total work has been completed. If actual bonds and insurance premiums exceed 5%, payment will be made on the first progress estimate based on documented costs. Item 103: Plant Material, staking material, and Labor Measurement and payment of Plant Material, staking material and Labor shall be on a lump sum basis and shall include installation and Material meeting American Nursery Standards and practices necessary to meet adequate planting methods. Payment shall include providing and submitting the required installation items specified in Planting specification of the Project Manual. Payment shall also include all labor, materials, tools and equipment necessary to plant and stake material. Item 104: Boulders and Placement Measurement and payment of Boulders and Placement shall be on a lump sum basis and shall include installation and Material meeting plan specifications. Payment shall also include all labor, materials, tools, and equipment necessary to provide and place boulders. Item 105: Sod, fine grade, level, rockhound Measured and paid in one lump sum for all material, tools, labor, and equipment necessary for all Sod areas. The work shall include the site preparation, sod, fertilizer, watering, labor, site prep, and related materials. Item 106: Retention Pond Seeding MEASUREMENT AND PAYMENT Measurement and Payment - Page 3 of 3 3/14/23 Measured and paid in one lump sum for all materials, tools, labor, and equipment necessary for all disturbed areas. The work shall include the site preparation, seeding to match adjacent grass type(s), fertilizer, watering, labor and related materials. Item 107: Native Seeding Measured and paid in one lump sum for all materials, tools, labor, and equipment necessary for all disturbed areas. The work shall include the site preparation, seeding to match adjacent grass type(s), fertilizer, watering, labor, and related materials Item 108: Irrigation Measurement and payment of Irrigation shall be on a lump sum basis and shall include installation and Material. Payment shall consist of providing and submitting the required installation items specified in the Irrigation specifications of the Project Manual. Payment shall also include all labor, materials, tools, and equipment necessary to complete irrigation. END OF SECTION Noncollusion Affidavit – Page 1 of 1 01-05 NCA.doc Revised/January, 2010 NON-COLLUSION AFFIDAVIT (TO BE EXECUTED AND PROVIDED WITH BID FORM) STATE OF MONTANA ________________) ) SS COUNTY OF ________________________) , being first duly sworn, deposes and says that he is (sole owner, a partner, president, secretary, etc.) of , the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said Bidder or any other Bidder, nor to fix any overhead, profit, or cost element of such bid price, nor of that of any other Bidder, nor to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true; and, further, that said Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said Bidder in his general business. Signed: Title: Subscribed and sworn to before me this day day of , 20 . (SEAL) Notary Public Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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 and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter PENAL SUM FORM Bid Bond – 00430 – Page 1 of 2 EJCDC C-430 Bid Bond (Penal Sum Form)(2007 Edition). Prepared by the Engineers Joint Contract Documents Committee. 01-07 C-430 Bid Bond.doc BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. PENAL SUM FORM Bid Bond – 00430 – Page 2 of 2 EJCDC C-430 Bid Bond (Penal Sum Form)(2007 Edition). Prepared by the Engineers Joint Contract Documents Committee. 01-07 C-430 Bid Bond.doc 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. Agreement Form - 00500 - Page 1 of 10 7 00500 Revised January, 2010 AGREEMENT FORM THIS AGREEMENT is dated as of the day of in the year (Effective date), by and between Big Sky ICINF, LLC (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described in the Invitation to Bid and is described in detail in the Contract Documents and the technical construction drawings. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The scope of work for the project will include the installation of boulevard landscaping and irrigation along Technology Blvd, Innovation Ave, West Garfield, and West College. It also includes landscaping along the water courses, walking trails, and retention ponds. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by: Matt Keller Cashman’s Nursery and Landscaping PO Box 10242 Bozeman, MT 59715 who is hereinafter called ENGINEER and who is to act as OWNER’s representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. Agreement Form - 00500 - Page 2 of 10 7 00500 Revised January, 2010 ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. The CONTRACTOR agrees to complete the work within the time(s) specified herein. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially complete and the CONTRACTOR will be prepared to file a Certificate of Substantial Completion by August 31, 2023. 4.03 Liquidated Damages and Damages for Additional Engineering Services A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with the General Conditions. The Contractor acknowledges and agrees that the actual loss and damages suffered by OWNER is impracticable or extremely difficult to fix, determine and prove if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that a liquidated damage provision is both appropriate and necessary and that the liquidated damage amounts specified herein are reasonable and good faith estimates of the anticipated and probable damages the OWNER will incur should CONTRACTOR fail to complete the Work within the times specified herein. Therefore, as liquidated damages for delay, CONTRACTOR agrees to pay OWNER $ 0 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR agrees to pay OWNER as liquidated damages for delay $ 0 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. B. Damages for unscheduled employment of the ENGINEER shall be paid by the CONTRACTOR to the OWNER as specified in Article 6 of the Bid Form. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of dollars ($ ), based on the prices stipulated in the Bid Form and subject to adjustment as provided in the Contract Documents. Agreement Form - 00500 - Page 3 of 10 7 00500 Revised January, 2010 A. As provided in the General Conditions, CONTRACTOR agrees that lump sum amount(s) constitute full payment for the work and that these lump sum amount(s) represent a true measure of the labor and materials required to perform the work, including all allowances for overhead, profit, taxes, bonds, insurance, and all other costs for each type and unit of work called for in these Contract Documents. B. As provided in the General Conditions, estimated unit price quantities used for bidding purposes are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions or other portions of the Contract Documents. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments in accordance with the General Conditions on account of the Contract Price on the basis of CONTRACTOR’s Applications for Payment as recommended by the ENGINEER once each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such progress payments will be measured by the schedule of values established in the Bid Form: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of work completed but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages and damages for additional engineering services, in accordance with the General Conditions: a. The OWNER shall retain 5% of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. 2. Upon Substantial Completion and at the OWNER’s discretion, the amount of retainage may be further reduced if requested by the CONTRACTOR. Reduction of retainage is at the sole discretion of the OWNER. OWNER is not obligated to reduce retainage. Amount of substantial completion payment will be reduced by such amounts as ENGINEER shall determine in accordance with the General Conditions and by 100% of ENGINEER’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. Agreement Form - 00500 - Page 4 of 10 7 00500 Revised January, 2010 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents (including all Addenda listed in Article 9) and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which has been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable “technical data”. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR’s purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site- related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and Agreement Form - 00500 - Page 5 of 10 7 00500 Revised January, 2010 performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey an understanding of all terms and conditions for the performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 10, inclusive); 2. Performance and Payment Bonds; 3. Montana Public Works Standard Specifications, Sixth Edition, April 2010, including the City of Bozeman Standard Modifications, thereof. See section 00700 General Conditions and 00810 Supplementary Conditions. (Not attached hereto) 8. Technical Specifications 02231, 02815, 02920, 02930, 02950 Agreement Form - 00500 - Page 6 of 10 7 00500 Revised January, 2010 9. Drawings consisting of sixteen sheets, inclusive, with each sheet bearing the following general title: MSU Innovation Campus (Note: Drawings are not attached hereto); 10. Addenda (numbers __1___ to _____, inclusive); 11. Exhibits to this Agreement (enumerated as follows): a. Notice of Award (pages 1 to 1, inclusive); b. CONTRACTOR’s Bid Form (pages 1 to 12, inclusive); f. Documentation submitted by CONTRACTOR prior to Notice of Award (pages _____ to _____, inclusive); 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Written Amendments; c. Work Change Directives; d. Change Orders. B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract Agreement Form - 00500 - Page 7 of 10 7 00500 Revised January, 2010 A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Agreement Form - 00500 - Page 8 of 10 7 00500 Revised January, 2010 10.06 Other Provisions The CONTRACTOR agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this Agreement during the warranty period after the date of final acceptance of the work by the OWNER, and further agrees to indemnify and save the OWNER harmless from any costs encountered in remedying such defects. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One (1) counterpart(s) has been delivered to OWNER, two (2) to CONTRACTOR, and one (1) to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. Agreement Form - 00500 - Page 9 of 10 7 00500 Revised January, 2010 This Agreement will be effective on the date shown on page 1 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: Big Sky ICINF, LLC By: By: (Signature) (Signature) Attest Attest (Signature) (Signature) Address for giving notices: Address for giving notices: Phone: Phone: Facsimile: Facsimile: [CORPORATE SEAL] Montana Contractors’ Registration No. _______________________________ Agent for service of process: _______________________________ _______________________________ Agreement Form - 00500 - Page 10 of 10 7 00500 Revised January, 2010 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement.) (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Owner’s Designated Representative: Contractor’s Designated Representative: Name: Cristie Tate Name: Title: Owner’s Representative Title: Address: Address: Phone: 406-209-0154 Phone: Facsimile: Facsimile: Email:__cristie@tatemanagement.com__ Email: ___________________________ [The foregoing Contract, including all Contract Documents which are a part thereof, is in due form according to the law, and is hereby approved. By: (Signature) Attorney of the (Owner) END OF SECTION 00500 EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2023 Effective: January 14, 2023 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 Standards Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59601 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: WAGE RATES: A. Date of Publication …………………………………………………………………………………………………….………………………………………………. 3 B. Definition of Highway 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. Dispatch City ………………………………………………………………………………………………………………………………………….……………………. 4 I. Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J. Computing Travel Benefits …………………………………………………………………………………………………………………….…………………… 4 K. Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4 L. Apprentices …………………………………………………………………………………………………………………………………………………………..…….. 4 M. Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5 N. Employment Preference ………………………………………………………………………………………………………………………………….……....... 5 O. Projects of a Mixed Nature ............................................................................................................................................................ 5 P. Occupations Definitions Website ................................................................................................................................................... 5 Q. Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5 R. Foreman Rates ………………………………………………………………………………………………………………………………………………..………. 5 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………………..………………………........ 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………….…………………………….. 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………………………………………………..... 6 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………….………………………. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………….………………………. 7 OPERATORS GROUP 4 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 5 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 6 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 7 ……………………………………………………………………………………………………………………………….…………………. 8 CONSTRUCTION LABORERS LABORERS GROUP 1 ……………………………………………………………………………………………………………………………….…………………. 9 LABORERS GROUP 2 ………………………………………………………………………………………………………………………………….………………. 9 LABORERS GROUP 3 ………………………………………………………………………………………………………………………………….………………. 9 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………….………………. 10 DIVER TENDERS …………………………………………………………………………………………………………………………………………………………………….. 10 DIVERS ………………………………………………………………………………………………………………………………………………….………………………………. 10 ELECTRICIANS …………………………………………………………………………………………………………………………………………………………………… 11 IRONWORKERS - REINFORCING IRON AND REBAR WORKERS ………………………………………………………………………………………………… 11 IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS ………………………………………………………………………………………………….. 11 LINE CONSTRUCTION EQUIPMENT OPERATOR …………………………………………………………………………...………………………………………………..……………….. 12 GROUNDMAN ……………………………………………………………………………………………………………………………………………………..………….. 12 LINEMAN ……………………………………………………………………………………………………………………………………………………………………..….. 12 MILLWRIGHTS ………………………………………………………………………………………………………………………….……………………………..………….. 12 PAINTERS …………………………………………………………………………………………………………………………..…………..………………………………… 12 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 13 PILOT CAR DRIVERS ……………………………………………………………………………………………………………………………………………………………….. 13 TRUCK DRIVERS ……………………………………………………………………….........……………............................................................................ 13 3 A. Date of Publication January 14, 2023 B. Definition of Highway Construction The Administrative Rules of Montana (ARM), 24.17.501(3) – (3)(a), states “Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails.” 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 Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Heavy Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com 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. 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.” I. Zone Pay Zone pay is not travel pay. ARM, 24.17.103(19), 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 H above for a list of dispatch cities. J. Computing Travel Benefits ARM, 24.17.103(23), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities. K. Per Diem ARM, 24.17.103(19), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer.” L. 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. 5 M. 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.” N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O. Projects of a Mixed Nature Section 18-2-408, 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” P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm Q. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R. 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. 6 WAGE RATES BRICK, BLOCK, AND STONE MASONS Wage Benefit $32.32 $16.78 Travel and Per Diem: 0-70 mi. free zone >70-90 mi. $60.00/day >90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit $32.75 $13.82 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $32.44 $16.03 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $25.42 $11.65 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $29.55 $11.65 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 Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $30.59 $11.65 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. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $29.00 $11.65 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. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $30.34 $11.65 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $31.03 $11.65 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $33.13 $11.65 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $20.90 $12.92 Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $25.01 $11.82 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit $24.19 $11.82 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents 10 CONSTRUCTION LABORERS GROUP 4 Wage Benefit $25.18 $11.82 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ↑ Back to Table of Contents DIVER TENDERS Wage Benefit $43.98 $17.84 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents DIVERS Wage Benefit Stand-By $44.98 $17.84 Diving $89.96 $17.84 Depth Pay (Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents 11 ELECTRICIANS Wage Benefit $36.69 $16.93 Travel: 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. $71.57/day ↑ Back to Table of Contents IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit $30.53 $27.91 Duties Include: Cut, bend, tie, and place rebar. Travel: 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. ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit $30.53 $27.91 Duties Include: Structural steel erection; assemble prefabricated metal buildings; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: 0-45 mi. free zone >45-60 mi. $50.00/day >60-100 mi. $75.00/day >100 mi. $95.00/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. ↑ Back to Table of Contents 12 LINE CONSTRUCTION – EQUIPMENT OPERATORS Wage Benefit $37.26 $17.93 Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – GROUNDMAN Wage Benefit $29.09 $17.24 Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Wage Benefit $48.65 $19.06 Travel: No Free Zone $60.00/day ↑ Back to Table of Contents MILLWRIGHTS Wage Benefit $42.43 $14.52 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS Wage Benefit $34.95 $12.47 Zone Pay: No zone pay established. ↑ Back to Table of Contents 13 PILE BUCKS Wage Benefit $33.50 $14.07 Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PILOT CAR DRIVERS Wage Benefit $22.39 $12.92 Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents TRUCK DRIVERS Wage Benefit Truck Driver $29.40 $11.96 Truck drivers include but are not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ↑ Back to Table of Contents Miscellaneous Forms - Page 1 of 1 14 Misc Forms Index.doc Revised July 25, 2011 MISCELLANEOUS FORMS The following miscellaneous forms are provided for the CONTRACTOR’s information. They will be used by the ENGINEER and OWNER in the administration of the construction contract. MISCELLANEOUS FORMS NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER FIELD ORDER WORK CHANGE DIRECTIVE ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION FOR PAYMENT FORM 1 APPLICATION FOR PAYMENT FORM 2 LIEN WAIVER FOR PRIME CONTRACTOR LIEN WAIVER FOR SUBCONTRACTOR/SUPPLIER CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE SUBCONTRACTOR RELEASE SURETY’S CONSENT TO FINAL PAYMENT Notice of Award – Page 1 of 1 EJCDC C-510 Prepared by the Engineers Joint Contract Documents Committee 15 Notice of Award.doc Revised January 2010 Notice of Award Dated You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for . The Contract Price of your Contract is Dollars ($ ). copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date you receive this Notice of Award. 1. Deliver to the Owner [ ] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), [and] General Conditions (Paragraphs 2.01 and 5.01) [and Supplementary Conditions (Paragraph SC-2.01).] 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within fifteen days after you comply with the above conditions, Owner will return to you two fully executed counterparts of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: (send Certified Mail, Return Receipt Requested): Notice to Proceed – Page 1 of 1 EJCDC-550 Prepared by the Engineers Joint Contract Documents Committee 16 Notice to Proceed.doc Notice to Proceed Dated You are notified that the Contract Times under the above contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must [add other requirements]: Contractor Owner Received by: Given by: Authorized Signature Title Title Date Date Copy to Engineer Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] Page 1 of 2 CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net Increase (Decrease) from previous Change Orders No. to : $ Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Price prior to this Change Order: $ Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) of this Change Order: $ Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Price with all approved Change Orders: $ Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 2 of 2 CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Field Order – Page 1 of 1 18 Field Order.doc Revised January 2010 Field Order No. Copy to Owner Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04A., for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required, please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s) / Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by (Contractor): Date: Work Change Directive – Page 1 of 1 19 Work Change Directive.doc Revised January 2010 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: You are directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Non-agreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ increase decrease Contract Time increase decrease days If the change involves an increase, the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date Authorized for Owner by: Date Accepted for Contractor by: Date Approved by Funding Agency (if applicable): Date: Order to Contractor to Suspend Work – Page 1 of 1 20 Suspend Work.doc Revised January 2010 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: OWNER: which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on . You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will will not continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. PROJECT AND LOCATION: By reason of Order to Contractor to Resume Work – Page 1 of 1 21 Resume Work.doc Revised January 2010 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: OWNER: The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective . Under the terms of your contract for this project, Contract Time was was not charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 . Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. PROJECT AND LOCATION: Form 1 - Application for Payment C-620 – Page 1 of 3 22 App Payment 1.doc Revised January 2010 APPLICATION FOR PAYMENT (Project Cost Estimate) Page 1 of 2 pages 1. Owner’s Name and Address: 5. Project Number: 2. Official Name and Location of Project: 6. Application No. 3. Contractor’s Name and Address: 7. Period Ending: 8. Date Prepared: 9. Percent Complete: 10. M-M No. 4. Description of Work: 11. Orig. Contract Amount 12. Contract Time: 13. Dates 14. No. Days Contractor is A. Work to Start: B. Work Started: C. Completion Due: D. Est. or Act. Comp: Ahead: In Arrears: 15. Breakdown of Application for Payment ITEM NO. DESCRIPTION OF WORK Original Proposal Revised Work Performed to Date QNTY UNIT UNIT PRICE AMOUNT QNTY AMOUNT QNTY AMOUNT % 16. CONTRACTOR’S Certification: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment number 1 through ___ inclusive; (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interests or encumbrance) (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents; and (4) there are no claims for extra work, delays, omitted items or of any nature against the OWNER or ENGINEER not set forth herein unless expressly stated otherwise in this Application for Payment. DATE: CONTRACTOR: TITLE: SIGNATURE: 17. Payment of Amount Due CONTRACTOR (Page ___) is recommended. DATE: ENGINEER: Morrison-Maierle, Inc. TITLE: SIGNATURE: Form 1 - Application for Payment C-620 – Page 2 of 3 22 App Payment 1.doc Revised January 2010 APPLICATION FOR PAYMENT (Periodic Cost Estimate) (Continuation Sheet) Page 2 of 2 pages 1. Owner’s Name: Official Name of Project: 5. Project Number: 15. Breakdown of Application for Payment 6. Application No. COMPLETED TO DATE, ORIGINAL CONTRACT ITEMS COMPLETED TO DATE, CHANGE ORDERS PLUS MATERIALS ON SITE TOTAL COMPLETED TO DATE LESS DEDUCTIONS (1) Retained (5%) (2) Liquidated Damages (3) Retesting TOTAL AMOUNT DEDUCTED TOTAL AMOUNT EARNED TO DATE LESS PREVIOUS PAYMENTS NET AMOUNT DUE THIS ESTIMATE 1% STATE TAX (withheld this estimate) NET AMOUNT DUE CONTRACTOR ACCOMPANYING DOCUMENTATION: Form 1 - Application for Payment C-620 – Page 3 of 3 22 App Payment 1.doc Revised January 2010 APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor’s Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payment to Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.05.A.3 and 2.07.A.3 of the General Conditions should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor’s overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form. C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner. Form 2 - Application for Payment C-620 EJCDC C-620 Contractor's Application for Payment © 2010 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 4 Contractor's Application for Payment No. Application Date: To (Owner):From (Contractor):Via (Engineer): Project:Contract: Owner's Contract No.:Contractor's Project No.:Engineer's Project No.: 1. ORIGINAL CONTRACT PRICE..........................................................$ 2. Net change by Change Orders.................................................................$ 3. Current Contract Price (Line 1 ± 2)........................................................$ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate)...........................................................$ 5. RETAINAGE: a.X Work Completed..........$ b.X Stored Material............$ c.Total Retainage (Line 5a + Line 5b)...............................$ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c).............................$ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)........$ $ $ 10. AMOUNT DUE THIS APPLICATION...............................................$ Contractor's Certification (Column G on Progress Estimate + Line 5 above)...................................$ Payment of:$ is recommended by: Payment of:$ is approved by: By:Date: Approved by: (Owner) CHANGE ORDERS Application For Payment Funding Agency (if applicable) (Line 10 or other - attach explanation of the other amount) (Date) (Line 10 or other - attach explanation of the other amount) (Date) (Date) Approved Change Orders Application Period: Additions Deductions Change Order Summary TOTALS Number (Engineer) 8. SUBTOTAL……………………………………………………………… 9. LESS 1% STATE GROSS RECEIPT TAX…………………………… NET CHANGE BY 11. BALANCE TO FINISH, PLUS RETAINAGE The undersigned Contractor certifies that to the best of its knowledge: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. Form 2 - Application for Payment C-620 EJCDC C-620 Contractor's Application for Payment © 2010 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 4 Progress Estimate - Lump Sum Work Application Number: Application Date: C D Materials Presently Total Completed Balance to Finish Stored (not in C or D) and Stored to Date (B - F) (C + D + E) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ - $ - $ - $ - $ - $ - Totals % (F) B GE Contractor's Application to the contract amount, as that comes from page 1 (Summary). Scheduled Value ($) (B1 x B2) A This Period B on last page to be shown as work completed but not added Change Order quantity/completion tracking can be added For (Contract): FWork Completed From Previous Application (C+D) Application Period: Item No.Description Form 2 - Application for Payment C-620 EJCDC C-620 Contractor's Application for Payment © 2010 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 4 Progress Estimate - Unit Price Work Contractor's Application For (Contract):Application Number: Application Period:Application Date: Totals Change Order quantity/completion tracking can be added on last page to be shown as work completed but not added to the contract amount, as that comes from page 1 (Summary). Balance to Finish (B - F) D Bid Item No.Description FE Estimated Quantity Installed Value of Work Installed to Date Materials Presently Stored (not in C) Item Bid Item Quantity Unit Price Bid Item Value ($) A % (F) B B C Total Completed and Stored to Date (D + E) Form 2 - Application for Payment C-620 EJCDC C-620 Contractor's Application for Payment © 2010 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 4 Stored Material Summary Contractor's Application For (Contract):Application Number: Application Period:Application Date: B E G Totals Stored Previously Incorporated in Work Date Placed into Storage (Month/Year) Amount ($) Date (Month/ Year) Amount ($) D F Materials Remaining in Storage ($) (D + E - F) Amount Stored this Month ($) Subtotal Amount Completed and Stored to Date (D + E) Supplier Invoice No. Submittal No. (with Specification Section No.) A C Bid Item No. Storage Location Description of Materials or Equpment Stored Engineers Joint Documents Committee Design and Construction Related Documents Instructions and License Agreement Instructions Before you use any EJCDC document: 1. Read the License Agreement. You agree to it and are bound by its terms when you use the EJCDC document. 2. Make sure that you have the correct version for your software. How to Use: 1. While EJCDC has expended considerable effort to make the software translations exact, it can be that a few document controls (e.g., bold, underline) did not carry over. 2. Similarly, your software may change the font specification if the font is not available in your system. It will choose a font that is close in appearance. In this event, the pagination may not match the control set. 3. If you modify the document, you must follow the instructions in the License Agreement about notification. 4. Also note the instruction in the License Agreement about the EJCDC copyright. License Agreement You should carefully read the following terms and conditions before using this document. Commencement of use of this document indicates your acceptance of these terms and conditions. If you do not agree to them, you should promptly return the materials to the vendor, and your money will be refunded. 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In no event will EJCDC be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use EJCDC Design and Construction Related Documents even if EJCDC has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. General: You may not sublicense, assign, or transfer this license except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. This Agreement shall be governed by the laws of the State of Virginia. Should you have any questions concerning this Agreement, you may contact EJCDC by writing to: Arthur Schwartz, Esq. General Counsel National Society of Professional Engineers 1420 King Street Alexandria, VA 22314 Phone: (703) 684-2845 Fax: (703) 836-4875 e-mail: aschwartz@nspe.org You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement. r Contractor's Application for Payment No.Application Date:To (Owner):From (Contractor):Via (Engineer):Project:Contract:Owner's Contract No.:Contractor's Project No.:Engineer's Project No.:1. ORIGINAL CONTRACT PRICE...........................................................................$2. Net change by Change Orders......................................................................................$3. Current Contract Price (Line 1 ± 2)................................................................................................$4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate).............................................................................................................$5. RETAINAGE:a. XWork Completed..............................................$b. XStored Material..............................................$c.Total Retainage (Line 5a + Line 5b)................................$6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c)..............................$7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application).........$$$10. AMOUNT DUE THIS APPLICATION................................................$Contractor's Certification (Column G on Progress Estimate + Line 5 above)............................................$ Payment of: $ is recommended by: Payment of: $ is approved by:By:Date: Approved by:11. BALANCE TO FINISH, PLUS RETAINAGE(Engineer)8. SUBTOTAL………………………………………………………………….9. LESS 1% STATE GROSS RECEIPT TAX………………………………..NET CHANGE BYAdditions DeductionsChange Order SummaryTOTALSNumberApplication Period:Approved Change Orders(Line 10 or other - attach explanation of the other amount)(Date)(Date)CHANGE ORDERSApplication For PaymentFunding Agency (if applicable)(Line 10 or other - attach explanation of the other amount)(Date)(Owner)The undersigned Contractor certifies that to the best of its knowledge: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.Form 2 - Application for Payment C-620EJCDC C-620 Contractor's Application for Payment© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.Page 1 of 4 Progress Estimate - Lump Sum WorkApplication Number:Application Date:C D Materials Presently Total Completed Balance to FinishStored (not in C or D) and Stored to Date(B - F)(C + D + E)-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ - $ - $ - $ - $ - $ - For (Contract):FWork CompletedFrom Previous Application (C+D)Application Period:Item No.DescriptionScheduled Value ($)(B1 x B2)AThis PeriodBon last page to be shown as work completed but not added Change Order quantity/completion tracking can be added to the contract amount, as that comes from page 1 (Summary).Contractor's ApplicationTotals%(F)B GEForm 2 - Application for Payment C-620EJCDC C-620 Contractor's Application for Payment© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.Page 2 of 4 Progress Estimate - Unit Price Work Contractor's ApplicationFor (Contract):Application Number:Application Period:Application Date:A%(F)B B CTotal Completed and Stored to Date (D + E)Value of Work Installed to DateMaterials Presently Stored (not in C)ItemBid Item QuantityUnit PriceBid Item Value ($)Balance to Finish (B - F)DBid Item No. DescriptionFEEstimated Quantity InstalledChange Order quantity/completion tracking can be added on last page to be shown as work completed but not added to the contract amount, as that comes from page 1 (Summary).TotalsForm 2 - Application for Payment C-620EJCDC C-620 Contractor's Application for Payment© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.Page 3 of 4 Stored Material Summary Contractor's ApplicationFor (Contract):Application Number:Application Period:Application Date:BEGMaterials Remaining in Storage ($) (D + E - F)Amount Stored this Month ($)Subtotal Amount Completed and Stored to Date (D + E)Supplier Invoice No.Submittal No. (with Specification Section No.)ACBid Item No.Storage LocationDescription of Materials or Equpment StoredDFStored PreviouslyIncorporated in WorkDate Placed into Storage (Month/Year)Amount ($)Date (Month/ Year)Amount ($)TotalsForm 2 - Application for Payment C-620EJCDC C-620 Contractor's Application for Payment© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.Page 4 of 4 LIEN WAIVER FOR PRIME CONTRACTOR THE UNDERSIGNED hereby acknowledges receipt of payment in full for all labor, services, machinery, tools and materials furnished in connection with the construction of (Project) (Location) (Owner) through this ______ day of ______________________, 20___, and does hereby release the owner and the property from all claims whatsoever for such labor, services, machinery, tools, and materials furnished and waives all lien rights thereto. ________________________________ Prime Contractor ________________________________ Signature ________________________________ Title ________________________________ Date Attest: (Seal) LIEN WAIVER FOR SUBCONTRACTOR/SUPPLIER THE UNDERSIGNED hereby acknowledges receipt of payment in full for all labor, services, machinery, tools and materials furnished in connection with the construction of (Project) at (Location) for (Owner) through this _______ day of ___________________, 20____, and does hereby release the owner and the property from all claims whatsoever for such labor, services, machinery, tools, and materials furnished and waives all lien rights thereto. ________________________________ Subcontractor/Supplier ________________________________ Signature ________________________________ Title ________________________________ Date Attest: (Seal) Certificate of Substantial Completion – Page 1 of 1 EJCDC C-625 Prepared by the Engineers Joint Contract Documents Committee 27 Susbstantial Completion.doc Revised November 2012 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: All Work under the Contract Documents: The following specified portions: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date Contractor’s Certificate and Release – Page 1 of 3 28 Contractors Cert and Release.docx Revised May 2011 CONTRACTOR’S CERTIFICATE AND RELEASE FROM: (Contractor) TO: REFERENCE CONTRACT NUMBER entered into the day of , 20 , between (Owner) and (Contractor) of (City, State) for the purpose of (Type of Operation) within the (Limits of the City of {Project Location}) KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the [Insert Owner's Name] to the Contractor under the Contract and duly approved Change Orders and modifications the balance of $ . 2. The undersigned further certifies that in addition to the amount set forth in Paragraph I, there are outstanding and unsettled the following items which he claims are just and due owing by the . (Owner) (a) (b) (c) (d) (Itemize claims and amounts due. If none, so state) Contractor’s Certificate and Release – Page 2 of 3 28 Contractors Cert and Release.docx Revised May 2011 3. The undersigned further certifies that all work required under this Contract including work required under Change Orders numbered: , , , and , has been performed in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract, and that the wage rates paid by the Contractor and all Subcontractors were in conformity with the Contract provisions relating to said wage rates. 4. Except for the amounts stated under Paragraphs I and II hereof, the undersigned has received from the [Insert Owner's Name] all sums of money payable to the undersigned under or pursuant to the above-mentioned Contract or any modification or change thereof. 5. That in consideration of the payment of the amount stated in Paragraph I hereof the undersigned does hereby release the [Insert Owner's Name] from any and all claims arising under or by virtue of this Contract, except the amount listed in Paragraph II hereof, provided, however, that if for any reason the [Insert Owner's Name] does not pay in full the amount stated in Paragraph I hereof, said deduction shall be automatically included under Paragraph II as an amount which the Contractor has not released but will release the [Insert Owner's Name] from any and all claims of any nature whatsoever arising out of said Contract or modification thereof, and will execute such further releases or assurances as the [Insert Owner's Name] may request. Further, in consideration of the payment of the amount stated in Paragraph I hereof, the undersigned agrees to hold the [Insert Owner's Name] harmless from any and all costs, liability or expense of any kind in any way arising out of the contract referenced herein, or any subcontracts awarded pursuant thereto. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day of , 20 . (Contractor) (Signature) (Title) , being first duly sworn on oath, deposes and says, first, that He is the of the (Title) (Name of Company) Contractor’s Certificate and Release – Page 3 of 3 28 Contractors Cert and Release.docx Revised May 2011 second, that he has read the foregoing certificate by him subscribed as (Title) of the (Name of Company) Affiant further states that the matters and things stated therein are, to the best of his knowledge and belief, true. (Signature) Subscribed and sworn to before me this , day of , 20 . My commission expires (Notary) 29 Subcontractor Release.doc Revised January 2010 SUBCONTRACTOR/SUPPLIER CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Subcontractor, materialman, suppliers, manufacturers and dealers to Prime Contractor) Upon receipt by the undersigned of checks from [Prime Contractor], in the sum of $ payable to [sub-contractor/supplier] and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic’s lien, stop notice, right the undersigned and its subcontractor, materialman, suppliers, manufacturers and dealers for all labor, equipment and material used or furnished by each on the work on the job for [project owner] located at [project description and location] to the following extent: This release covers final payment for labor, services, equipment, or materials furnished to [project owner] through [date] only and does not cover any items furnished after said date, nor disputed claims for additional work in the amount of $ . Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Address: Subcontractor/Supplier Signature Subcontractor/Supplier Typed Name/Title Date of Signature Consent of Surety Company to Final Payment - Page 1 of 1 CONSENT OF OWNER  SURETY COMPANY ARCHITECT  TO FINAL PAYMENT CONTRACTOR  AIA DOCUMENT G707 SURETY  OTHER PROJECT: (name, address) TO (Owner) ┌ ┑ ARCHITECT'S PROJECT NO: CONTRACT FOR: └ ┘ CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) , SURETY COMPANY, on bond of (here insert name and address of Contractor) , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 . ____________________________________ Surety Company ____________________________________ Signature of Authorized Representative Attest: (Seal): ____________________________________ Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 ٠ CONSENT OF SURETY COMPANY TO FINAL PAYMENT ٠ APRIL 197٠ EDITION ٠ AIA® ONE PAGE ©1970 ٠ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 Innovation Campus 3/14/2023 SOIL PREPARATION 02920 - 1 SECTION 02920 - SOIL PREPARATION PART 1 – GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplemental Conditions and Division 1 Specification Sections, apply to this Section. 1.1 SCOPE OF WORK A Work Included: Provide soil amendments products as needed B Products Installed But Not Furnished Under This Section: 1.2 WORK SPECIFIED ELSEWHERE A. Irrigation System - Section 02810 B. Lawns and Grasses - Section 02930 C. Planting - Section 02950 1.3 DEFINITIONS A Existing Soil: Area of undisturbed native soil or remediation areas where no rough grading is to be done. No topsoil is to be placed. Only surface cultivation and soil amending are included in this Section. B Subgrade: Soil level resulting from rough grading. C Topsoil: Soil stockpiled for spreading over prepared subgrade. 1. Stockpiled Native Topsoil: Topsoil stripped from site prior to rough grading, to be spread and amended (Not prior to remediation). D On-Structure: Planted areas to be installed on top of concrete structure built under another Section. 1.4 SUBMITTALS A Product Data: Manufacturer's current catalog cuts and specifications of the following: 1. Fertilizer 2. Compost B Quality Control Submittals: 1. Testing Agency: Soil and Plant Laboratory, Inc., 352 Matthew Street (P.O. Box 153), Santa Clara, CA 95052, Tel. (408) 727-0330; or Root Innovation Campus 3/14/2023 SOIL PREPARATION 02920 - 2 Zones Associates, P.O. Box 18911, San Jose, CA 95118, Tel. (408) 264- 7024, or equal. 2. Test Reports: a. Imported Topsoil: Test for parasitic nematodes and herbicide contamination 3. Certificates: Certify strict compliance with accepted soil mixes and amendments, including rate of application. 1.5 PROJECT/SITE CONDITIONS A Existing Conditions: For protection of existing plants to remain, see Section 01532 – Tree Protection. B There will be possible stockpile of soil to touch up areas if necessary. 1.6 SEQUENCING AND SCHEDULING: Do not install on-structure drainage materials and soil mix prior to acceptance of waterproofing by Architect. PART 2 - PRODUCTS 2.1 MATERIALS A Stockpiled Native Topsoil: 1. Quantity: Approximate quantity of stockpiled native top-soil will not be known until rough grading have been completed under Civil work. 2. Stockpiling: Stripped topsoil will have been stockpiled on site under earthmoving work. 3. Composition: Fertile, friable, well-drained soil, of uniform quality, free of stones over 1 in. diameter (screen as needed), sticks, oils, chemicals, plaster, concrete and other deleterious materials. 4. Analysis: Obtain an agricultural suitability analysis of proposed topsoil from an accepted, accredited Testing Agency at Contractor's cost. 5. Landscape contractor shall include in bid a minimum of 2” topsoil imported for all Sod areas. 6. Test Results: Request Testing Agency to send one (1) copy of test results direct to Landscape Architect and one (1) copy to the Owner. Amend per soils analysis report. 2.2 ACCESSORIES A Pre-emergence Weed Control: "Treflan 5G", by Elanco Products Co., (317) 261- 3638, or (209) 486-3020 or "Enide 50W", by TUCO, (616) 385-6609, or equal. B Water: Clean, fresh and potable, as available from Owner. Transport as required. Innovation Campus 3/14/2023 SOIL PREPARATION 02920 - 3 2.3 COMMERCIAL FERTILIZERS A Pre-Plant Fertilizer: 1. Type: Mixed by a commercial fertilizer supplier and consisting of the following percent by weight: 17-17-17 (N-P-K) General use 26-8-8 (N-P-K) Sod Lawn areas . Do not use on structure. 2. Manufacturer: Sierra Chemical Co., (408) 263-8080 or Circle S Seeds of Montana, (406)285-3269 2.4 CHEMICAL COMPONENTS: The following additives may or may not be used depending on outcome of soils report. A Ground Limestone: Agricultural limestone containing not less than 85% of total carbonates, ground to such fineness that 50% will pass #100 sieve and 90% will pass #20 sieve. B Dolomite Lime: Agricultural grade mineral soil conditioner containing 35% minimum magnesium carbonate and 49% minimum calcium carbonate, 100% passing #65 sieve. C Gypsum: Agricultural grade product containing 80% minimum calcium sulphate. D Iron Sulfate (Ferric or Ferrous): Supplied by a commercial fertilizer supplier, containing 20% to 30% iron and 35% to 40% sulphur. E Sulphate of Potash: Agricultural grade containing 50% to 53% of water-soluble potash. F Single Superphosphate: Commercial product containing 20% to 25% available phosphoric acid. G Ammonium Sulphate: Commercial product containing approximately 21% ammonia. H Ammonium Nitrate: Commercial product containing approximately 34% ammonia. I Calcium Nitrate: Agricultural grade containing 15-1/2% nitrogen. J Urea Formaldehyde: Granular commercial product containing 38% nitrogen. K I.B.D.U. (Iso Butyldiene Diurea): Commercial product containing 31% nitrogen. Innovation Campus 3/14/2023 SOIL PREPARATION 02920 - 4 L Soil Sulfur: Agricultural grade sulfur containing a minimum of 96% sulfur. M Iron Sequestrene: Geigy Iron Sequestrene 330 Fe, by Ciba-Geigy Corporation, (919) 292-7100, or equal. PART 3 - EXECUTION 3.1 SOIL MOISTURE CONTENT A General: Do not work soil when moisture content is so that excessive compaction will occur, nor when it is so dry that dust will form in air or that clods will not break readily. Apply water, if necessary, to bring soil to an optimum moisture content for tilling and planting. B Range: Maintain within 2 percent above or below optimum moisture content during work. 3.2 CLEARING AND CULTIVATION A Clearing: Clear planting areas of stones 2 in. diameter and larger, weeds, debris and other extraneous materials prior to soil preparation work. B Cultivation of Existing Soil: 1. Cultivation: Rip or cultivate areas of existing soil and/or areas compacted by construction activity to receive planting to a depth of 6 inches immediately prior to applying soil amendments. 2. Trees to Remain: Hand cultivate within the dripline of existing trees to remain where disturbance has occurred. Depth of cultivation shall not exceed 2 in. Cultivate immediately prior to amending existing soil. 3.3 SPREADING OF TOPSOIL A General: Spread Stockpiled topsoil over accepted subgrade prior to incorporating amendments. B Restrictions: Do not commence spreading of topsoil prior to acceptance of soil cultivation above. Do not place topsoil under muddy conditions. C. Topsoil Depth: Minimum depth of 6 inches after natural settlement and light rolling conforming to finished grades. 3.4 SOIL AMENDMENT A Amending of Existing Soil: Innovation Campus 3/14/2023 SOIL PREPARATION 02920 - 5 1. Preparation: Do not commence amending of existing soil prior to acceptance of soil cultivation above. Do not work soils under muddy or frozen conditions. 2. Soil Amendments per 1,000 Square Feet: Incorporate thoroughly with top six (6) in. of existing planting and lawn areas: Chemical additives per soils report, if any. B Amending of Spread Topsoil: 1. Soil Amendments per 1,000 square feet: Incorporate thoroughly with top six (6) in.: 6 cu.yd. Organic Compost 30 lbs. 6-20-20 Commercial Fertilizer 50 lbs. Dolomite Lime 10 lbs. Iron Sulfate 15 lbs. Polymer Amendment 2. Intent: The above amendments and quantities are approximate and are for bidding purposes only. Following an on-site topsoil analysis by Testing Agency, composition of amendments may change. Contract Price will be adjusted accordingly. C Planter and Entry Plaza Planting Beds: Excavate and provide depth of 24 inches. D Shrub/ Ground cover Beds: Excavate and provide depth of 12 inches. 3.5 PRE-EMERGENT HERBICIDE A Apply pre-emergent weed control to areas to receive woody, non-lawn ornamental planting after incorporating soil amendments. B Apply strictly according to manufacturer's current printed specifications. 3.7 FIELD QUALITY CONTROL A Tests: Right is reserved to take samples of soil mixes for testing for conformity to Specifications. B Rejected Materials: Remove off site at Contractor's cost. Pay cost of testing of materials, not meeting Specifications. END OF SECTION 02920 Innovation Campus 3/14/2023 LAWNS AND GRASSES 02930 -1 SECTION 02930 - LAWNS AND GRASSES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and Division 1 Specification Sections, apply to this Section. 1.2 WORK SPECIFIED ELSEWHERE A. Irrigation System - Section 02810 B. Soil Preparation - Section 02920 C. Planting - Section 02950 D. Tree Protection - Section 02231 1.3 SCOPE A. Provide lawns and grasses, complete as shown and as specified. 1.4 SITE CONDITIONS A. Existing Conditions: For protection of existing plants to remain, see Section 02231 – Tree Protection. B. Climate Restrictions: Do not install lawns and grasses during rainy or excessively windy weather. 1.5 REFERENCES A. Hortus III - 1976 Edition, Bailey Hortorium, Cornell University. B. Technical Association of the Pulp and Paper Industry for Wood Cellulose 1.6 SUBMITTALS A Product Data: Manufacturer's current catalog cuts and specifications for incorporated fertilizer, mulch, and peat moss. B Samples: One pint each of mulch, peat moss, and soil stabilizer. C Certificates: 1. Certificates of inspection as required by law for transportation of each shipment of seed and sod along with invoice. 2. Seed mix certificate (including incorporated fertilizer and rate of application for hydroseeding.) Innovation Campus 3/14/2023 LAWNS AND GRASSES 02930 -2 1.7 DELIVERY, STORAGE, AND HANDLING A Seed: 1. Delivery: Furnish in unopened manufacturer's standard containers bearing original certification labels showing quantity, and analysis. 2. Storage: Protect from weather or other conditions that would damage or impair the seed. B Sod: 1. Harvest and Delivery: Harvest and deliver to site within 24 hours. Deliver only as much sod as can be installed in one day's work. 2. Review: Sod not transplanted within this time period will be reviewed prior to installation. C Mulch: 1. Labeling: Each package of cellulose fiber must be marked by manufacturer to show the air-dry weight content. 2. Storage: Protect from weather or other conditions that would damage or impair the effectiveness of the product. 1.8 TIMING OF INSTALLATION A Hydroseeding: 1. Irrigated Areas: Within fourteen (14) calendar days after completion and acceptance of finish grading in any area. B Seed and Sod 1. Immediately after finish grading and irrigation installation are accepted but no later than October 15. 1.9 WARRANTY A Time Period: Warrant that lawns and grasses are in a healthy and flourishing condition of active growth six (6) months from date of Final Acceptance. B Appearance During Warranty: Lawns (and grasses) must be free of dead or dying patches, and areas must show foliage of a normal density, size and color. C Delays: Delays caused by Contractor in completing planting operations which extend planting into more than one planting season will also extend Warranty Period correspondingly. Innovation Campus 3/14/2023 LAWNS AND GRASSES 02930 -3 D Coverage: Warrant growth and coverage of hydroseeded planting to the effect that a minimum of 95% of the area planted must be covered with specified planting after one growing season with no bare spots. E Exceptions: Contractor will not be held responsible for failures due to neglect by Owner, vandalism, or Acts of God during Warranty Period. Report such conditions in writing. PART 2 - PRODUCTS 2.1 SUPPLIERS A Lawn Sod: A-G Elite Plus Gallatin Valley Sod Bozeman, MT Tel. (406) 586-0548 Springhill Sod Farm Bozeman, MT Tel. (406) 587-4858 B Lawn Seed: Circle S Seeds of Montana 14990 Madison Frontage Rd., Three Forks MT Tel. (406)285-3269 Native Seed: Circle S Seeds of Montana 14990 Madison Frontage Rd., Three Forks MT Tel. (406)285-3269 2.2 LAWN SOD A One year old nursery-grown sod. Kentucky Bluegrass mix. B Dense, healthy, field-grown on fumigated soil , having been mowed at 1 in. height before lifting from field. C Dark green in color, free of thatch, free from diseases, weeds and harmful insects. D Reasonably free of objectionable grassy and broadleaf weeds. Sod will be considered weed free if no more than ten (10) such weeds are found per 100 sq. ft. of sod. Innovation Campus 3/14/2023 LAWNS AND GRASSES 02930 -4 E Sod will be rejected if found to contain the following weeds: quackgrass, johnsongrass, poison ivy, nimbleweed, thistle, bindweed, bentgrass, perennial sorrel, bromegrass. F Sod to be cut 1 1/2 in. deep. 2.3 NATIVE GRASS MIX: A Composition: Fresh, clean, certified, new crop seed of the varieties listed below. B Native Seed Mix: Botanical Name Percentage (Common Name) by Weight Sheep Fescue 10% Thickspike Wheatgrass 10% Western Wheatgrass 40% Slender Wheatgrass 20% Sherman Big Bluestem 10% Mountain Brome 10% Seed at a rate of: 1lbs per 1000 sq. ft. C Wetland Seed Great Basin Wild Rye 10% Streambank Wheatgrass 10% Big Bluestem grass 10% Switchgrass 10% Sedges 10% Rushes 10% Seed at a rate of: 1lbs per 1000 sq. ft. 2.4 ACCESSORIES A Water: Potable water as furnished by Owner. Transport as required. B Mulch: 1. Composition: Green-colored, fibrous, 100% virgin wood fibre mulch containing no growth or germination-inhibiting factors. 2. Weight: Weight specification refers only to air dry weight of the fiber material. Absolute air dry weight is considered equivalent to 10% moisture. 3. Dispersion in Slurry: Mulch must be manufactured in such manner that after addition to and agitation in slurry tanks with fertilizer, seed, water and other approved additives, fibers in the material will become uniformly suspended to form a homogeneous slurry. Innovation Campus 3/14/2023 LAWNS AND GRASSES 02930 -5 4. Absorption Capacity: When hydraulically sprayed on ground, material will form a blotter-like groundcover impregnated uniformly with seed, which will allow the absorption of moisture and allow rainfall to percolate to the underlying soil. 5. Product: "Silva-Fiber" by Weyerhaeuser Co., (206) 924-2345, "X-100 Spray-mulch" by Pacific Wood Fibers (206) 885-1341, or "Conwed Fiber" by Conwed Corporation (612) 221-1190. C Soil Stabilizer: 1. Composition: Totally organic substance, supplied in powder form and at least 90% of which is 92% pure muciloid derived from ground Plantago ovata-insularis husks. Stabilizer shall be water-soluble, non-toxic hydrophilic and shall not inhibit germination. 2. Product: "Ecology Controls M-binder" by Ecology Controls, (213) 877- 8600, or "R-Binder" by Clyde Robin Seed Co., (415) 785-0425. D Peat Moss: 1. Type: Finely shredded, brown in color, suitable for horticultural purposes and frequently referred to as "greenhouse" or "coarse grind". 2. Measurement: Measure peat in air dry condition, containing not more than 35% moisture by weight on an "as-received" basis. Ash content not to exceed 10%. 3. Physical Properties: Percent Passing Sieve Size 95-100 9.51 mm (3/8 in.) 0- 40 500 micron (#35, 32 mesh) 4. Organic Content (dry weight basis): 90-100%. 2.5 HYDROSEEDING EQUIPMENT A Type: Commercial hydro-seeder with built-in agitation system and an operating capacity sufficient to agitate, suspend and homogenously mixed slurry. B Distribution Lines: Sufficient to prevent stoppage and provide even distribution of the slurry over the ground. C Pump Capacity: 150 psi at the nozzle. D Slurry Tank: 1,000 gallons minimum capacity. 2.6 MIXES A Hydroseeding Mix Per Acre: Innovation Campus 3/14/2023 LAWNS AND GRASSES 02930 -6 1. Native Grasses - (less than 2:1 slopes): 1800 lbs. Mulch 100 lbs. Soil Stabilizer 12 lbs. Seed Mix PART 3 - EXECUTION 3.1 EXAMINATION A Verification of Conditions: 1. Grades: Verify that grades are within 1-in. plus or minus of required finished grades. Verify that fertilization and erosion control materials have been installed. Report variations in writing. 2. Stones, Weeds, Debris: Verify that areas to receive lawns or grasses are clear of stones larger than 1/2 in. diameter, weeds, debris and other extraneous materials. 3. Verify that grass paving, if any, has been installed and accepted. PREPARATION A Excessive Soil Moisture: Do not commence work of this section when soil moisture content is so great that excessive compaction will occur. B Inadequate Soil Moisture: Apply water, as necessary, to bring soil to an optimum moisture content for planting. Do not work soil when it is so dry that dust will form in air or that clods will not break readily. C Cultivation of Slopes: planting areas of 2:1 slopes and greater must be ripped or cultivated to a depth of 3 in. immediately prior to hydroseeding. See Soil Preparation - Section 02270. 3.2 HYDROSEEDED GRASS A Preparation: Do slurry preparation at job site. 1. Water: Add water to tank when engine is at half throttle. When te water level has reached height of agitator shaft, establish good re-circulation and add seed. 2. Seed: Do not allow seed to remain more than 30 min. in slurry. 3. Fertilizer: Add fertilizer, followed by mulch. When tank is at least 1/3 filled with water. 4. Mixing: Open engine throttle to full speed when tank is half-filled with water and add mulch. Commence spraying immediately when tank is full. B Application: Innovation Campus 3/14/2023 LAWNS AND GRASSES 02930 -7 1. General: Apply specified slurry mix in a sweeping motion to form a uniform mat at the specified rate. Keep hydroseeding within designated areas and keep from contact with other plant materials. 2. Unused Mix: Do not use slurry mixture which has not been applied within four (4) hours of mixing. Promptly remove from site. 3. Protection: do not operate any equipment over hydroseeded areas. 4. Reseeding: Reseed areas and parts of areas which fail to show a uniform stand until areas comply with Warranty above. 3.3 FERTILIZATION 1. Sod Lawn Areas: Apply 26-8-8(NPK) fertilizer at a rate of 2lbs per 1000 sqft. at 2 weeks after installation and again at 4 weeks at a rate of 4 lbs. per 1000 sq. ft.. 2. Seeded Areas: Apply 17-17-17(NPK) fertilizer at a rate of 2.5 lbs per 1000 sqft. within 2 weeks of germination. Apply a second application at a rate of 5 lbs. per 1000 sq. ft. after the first mowing. Innovation Campus 3/14/2023 LAWNS AND GRASSES 02930 -8 3.4 SODDED LAWN INSTALLATION A Sod Bed Preparation: 1. Rolling: Roll amended soil with 200 pound water-ballast roller. 2. Moistening: After uneveness in soil surface has been corrected, lightly moisten soil immediately prior to laying the sod. 3. Timing: Sod immediately thereafter, provided sodbed has remained in friable condition. B Sodding Operations: 1. Starter Strip: Lay first row of sod in a straight line, with subsequent rows parallel to and tightly against each other. Stagger lateral joints. Do not stretch or overlap sod. Butt joints tightly to eliminate voids. (Sodded areas will be flush with adjoining seeded areas.) 2. Cutting: Use a sharp knife to cut sod to fit curves and voids in paving. 3. Tamping and Rolling: Thoroughly tamp and roll sod to make contact with sod bed. Roll entire section of completed sod. 4. Slopes of 3:1 or Greater: Lay sod with staggered joints secured by pegs driven through sod into soil. Drive pegs flush with turf. Space pegs 18 in. on center. Pegs to be pine, 1 in. square x 6 in., or 6 in. lengths of lath. 5. Watering: Thoroughly water sod immediately after installation to wet underside of new sod pad and soil immediately below to a depth of 6 in. 6. Top-Dress Fertilizer: Apply at rate of (6) to (8) pounds per 1,000 square feet at 25 days and at 50 days after sodding. 3.5 FIELD QUALITY CONTROL A Tests: Samples of materials may be taken and tested for conformity to Specifications. B Rejected Materials: Remove rejected materials immediately from site at Contractor's expense. Pay cost of testing of materials not meeting Specifications. 3.6 CLEANING A Hydroseed Overspray: Immediately after application, thoroughly wash off slurry from materials, and areas not designated to receive slurry mix. B Erosion: Immediately restore eroded areas. Keep adjacent paved surfaces cleaned of dirt, mud or stains and organic debris. 3.7 FERTILIZATION A Sod Lawn Areas: Apply 26-8-8(NPK) fertilizer at a rate of 2lbs per 1000 sqft. at 2 weeks after installation and again at 4 weeks at a rate of 4 lbs. per 1000 sq. ft.. END OF SECTION 02930 Innovation Campus 3/14/2023 PLANTING 02950 - 1 SECTION 02950 - PLANTING PART 1 - GENERAL 1.1 SCOPE OF WORK A. Work Included: Provide planting of site, complete, as shown and as specified. B. Products Installed But Not Furnished Under This Section: 1. Notification: Notify Owner at least two (2) weeks in advance of date when plants will be picked up and transported to place of installation. 2. Inspection: Inspect plants prior to acceptance and notify Landscape Architect of unacceptable plants. Pick-up of plants constitutes acceptance for purpose of warranties. 1.2 WORK SPECIFIED ELSEWHERE A. Tree Protection - Section 02231 B. Irrigation System - Section 02810 C. Soil Preparation - Section 02920 D. Lawns and Grasses - Section 02930 1.3 REFERENCES A. "American Standard for Nursery Stock", 1986 Edition, American Association of Nurserymen, Inc. B. "Hortus III", 1976 Edition, Bailey Hortorium, Cornell University. 1.4 SUBMITTALS A. Product Data: Manufacturer's current catalog cuts and specifications of the following: 1. Mulch and fertilizer tablets. 2. Tree guy anchors. 3. Anti-desiccant. 4. Wrapping Material 5. Edging 6. Weed fabric B. Samples: 1. Mulch: One (1) pint, each type. C. Certificates of Inspection: As required by law for transportation of each shipment of plants along with invoice. D. Planting Schedule: Indicating anticipated dates of planting for exterior plants. Innovation Campus 3/14/2023 PLANTING 02950 - 2 1.5 DELIVERY, STORAGE, AND HANDLING A. Delivery: Do not deliver disease-infected plant materials. All plant materials shall be delivered to the site on enclosed trucks, or under protective cover. Plant material delivered without protective cover will be rejected. B. Labeling: Furnish standard products in manufacturer's standard containers bearing original labels legibly showing quantity, analysis, genus/species and name of manufacturer/ grower. C. Storage: Protect all containers from sun during summer months with temperatures above 70 degrees F. Keep plants that cannot be planted immediately upon delivery in shade, well-protected and well-watered. Heel in and protect with burlap B & B plant materials which cannot immediately be planted upon deliver. D. Handling: Do not lift or handle plants by tops, stems or trunks. Do not bind or handle plants with wire or rope E. Anti-Desiccant: At Contractor's option, immediately before transporting, spray deciduous plant materials in full leaf or evergreens with anti-desiccant. Apply an adequate film over trunks, branches, twigs and foliage. F. Digging: Dig B & B plants and relocated street trees with firm, natural balls of earth of diameter not less than USDA Standard for Nursery Stock, and of depth to include fibrous and feeding roots. Wrap and tie to prevent cracking or loss of soil from rootball. 1.6 PROJECT/SITE CONDITIONS A. Protection of Existing Plants to Remain: 1. Operations: Do not store materials or equipment, permit burning, or operate or park equipment under branches of existing plants to remain. 2. Barriers: Provide barricades, fences or other barriers as necessary at drip line to protect existing plants to remain from damage during construction. No access or intrusion of any kind shall be allowed within the drip line area of trees to be protected during the course of construction. 3. Notification: Give written notification if other construction activities threaten to damage existing plants to remain. B. Replacement of Damaged Plants: 1. Replace existing plants to remain which are damaged by Contractor during construction with accepted plants of same species and size as those damaged at no additional cost to Owner. In addition, a fine of $1,000 per total caliper inch of trees damaged shall be paid by the General Contractor. Innovation Campus 3/14/2023 PLANTING 02950 - 3 2. Landscape Architect will determine extent of damage and value of damaged plants. 1.7 SEQUENCING AND SCHEDULING A. Acceptance: Do not install plant materials prior to acceptance of finish grading B. Coordination: Coordinate with work of other sections to insure the following sequence of events: 1. General: Sprinkler system main line to be installed and operable prior to installation of plant materials. Schedule hand watering of plant materials installed prior to sprinkler irrigation system. 2. Plants in Pots: Schedule delivery of plants to coincide with installation of pots as determined by owner. 3. Headers: Install prior to installation of adjacent sprinkler irrigation system. 4. Vines: Do not attach anchors or ties to wall or other structures prior to acceptance of such work under another Section. 5. Trees in Paving: As necessary, install prior to installation of paving 6. Pruning: Do not prune plant materials prior to installation and acceptance. Request review by Landscape Architect prior to pruning. Plants pruned without approval by Landscape Architect shall be rejected. 1.8 WARRANTY A. Warrant that plants will be healthy and in flourishing condition of active growth one (1) year from date of Final Acceptance. Provide TWO (2) months warranty for annuals. Provide one (1) year warranty for all evergreens. B. Correct Species: Warrant that plant materials are true to species and variety, and grown in a nursery with environmental conditions (temperature, moisture, soil, PH, etc.) similar to those of the site. Provide landscape architect with documentation regarding nursery location/growing region for review and acceptance. C. Delays: Delays caused by Contractor in completing planting operations which extend planting into more than one planting season will extend Warranty Period correspondingly. D. Condition of Plants: Free of dead or dying branches and branch tips, with foliage of normal density, size and color. E. Replacements: As soon as weather conditions permit, replace, without cost to Owner, dead plants and plants not in a vigorous, thriving condition, as determined by Landscape Architect during and at end of Warranty Period. F Exclusions: Contractor will not be held responsible for failures due to neglect by Owner, vandalism, and acts of God, during Warranty Period. Report such conditions in writing. Innovation Campus 3/14/2023 PLANTING 02950 - 4 1.9 MAINTENANCE PERIOD AND FINAL ACCEPTANCE: Provide all necessary maintenance through final acceptance. 1.10 REPLACEMENTS A. Failed Materials: 1. Repair and/or replace at no cost to Owner plant materials exhibiting conditions which are determined as unacceptable due to workmanship by Contractor. 2. Closely match replacements to adjacent specimens of same species. Apply requirements of this Specification to replacements. 3. Contractor is responsible for a maximum of two (2) replacements for each failed tree, shrub, perennial and vine, and same area of groundcover planting after final acceptance during warranty period. B. Incorrect Materials: 1. During Warranty Period, replace at no cost to Owner plants revealed as being untrue to name and species, unless substitutes have been agreed to in writing. 2. Provide replacements of a size and quality to match the planted materials at time mistake is discovered. 1.11 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer who maintains an experienced full-time supervisor on Project site when exterior planting is in progress. B. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory. C. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." D. Preinstallation Conference: Conduct conference at Project site. PART 2 - PRODUCTS 2.1 MATERIALS A. Plant Materials: Verify that container stock has been grown in containers in which delivered for at least one growing season, but not over two (2) years. 1. Growing Conditions: Nursery-grown in accordance with good horticultural practices under climatic conditions similar to those of project for at least two years unless otherwise specifically authorized. Innovation Campus 3/14/2023 PLANTING 02950 - 5 2. Appearance: Trees must be exceptionally heavy, symmetrical, tightly knit, and so trained or favored in development and appearance as to be superior in form for their species, with regard to number of branches, compactness and symmetry. 3. Vigor: Sound, healthy and vigorous, well branched and densely foliated when in leaf, free of disease, insect pests, eggs, or larvae, healthy, well- developed root systems, free from physical damage or adverse conditions which would prevent thriving growth. B. Condition of Root System: Samples must prove to be completely free of circling, kinked or girdling trunk surface and center roots and show no evidence of a pot- bound condition. Upon inspection by Landscape Architect at job site, if five (5) percent or more of plants of each species are found to contain kinked, circling or girdling roots, plants of that species will be rejected. C. Measurements: 1. General: Caliper is measured at a point on trunk 6 in. above natural ground line for trees up to 4 in. in caliper and at a point 12 in. above the natural ground line for trees over 4 in. in caliper. a. Measure foliage across mean foliage dimension when branches are in their normal upright position. Foliage origin along main trunk will be measured from soil line. b. Height and spread dimensions specified refer to main body of plant and not branch tip to tip. Properly trimmed plants must measure the same in any direction. If a plant is unevenly grown, it will be classified in the size category of smallest dimension. 2. Size Range: If a range of size is given, do not use plant materials less than minimum size. The measurements specified are minimum size acceptable and are measurements after pruning, where pruning is required. Plants that meet measurements specified, but do not possess a normal balance between height and spread will be rejected. 3. Substitutions: Substituted plants must be true to species and variety and conform to measurements specified except that plants larger than specified may be used if accepted. Use of such plants will not increase Contract price. If larger plants are accepted, increase the ball of earth in proportion to the size of plant. Plants overgrown for their container size shall be rejected. D. Unacceptable Trees: Trees which have damaged or crooked leaders will be rejected. Trees having a main leader must not have been headed back. Trees with abrasions of the bark, sunscalds, disfiguring knots, or fresh cuts of limbs over 3/4 in. which have not completely callused, will be rejected. E. Pruning: Do not prune plants before delivery. Consult Landscape Architect for pruning after installation. Plants pruned without approval by Landscape Architect shall be rejected. Innovation Campus 3/14/2023 PLANTING 02950 - 6 F. Field Dug Stock: Prior to digging of field grown plant materials, insure that excess loose fill resulting from cultivation around stems and over roots be removed down to natural finish grade at crown of plant materials. During digging, verify that size of tree spade or other equipment is adequate to encompass the actively-growing root zone. Plants which, after digging, show mostly large fleshy roots and few fibrous roots will be rejected. 2.2 MIXES A. Backfill Mix for Plant Pits: See Section 02920 - Soil Preparation. B. Commercial Fertilizers: 1. Top-dress Fertilizer: Complete fertilizer, 50 percent of the nitrogen to be derived from natural organic sources or urea-form. Available phosphoric acid must be from superphosphate, bone or tankage. Potash must be derived from muriate of potash containing 60 percent potash: 16% Nitrogen 6% Phosphoric Acid 8% Potash 2. Slow-release Fertilizer Tablet: "Agriform" 21 gram tablets with 20-10-5 (N-P-K) by Sierra Chemical Co., (408) 263-8080, or equal. C. Anti-Desiccant 1. Type: Sprayable, water-soluble vinyl-vinyledine complex which will produce a moisture-retarding barrier not removable by rain or snow. 2. Product: "Transfilm" by P.B.I./Gordon Corporation, (816) 421-4070, or equal. 2.3 ACCESSORIES A. Tree Staking: 1. Stakes: Lodgepole Pine with 10 in. tapered driving point and chamfered top, green color, treated with copper napthanate to heartwood, or metal “T” stakes, minimum 48” length, or approved equal. 2. Ties: Black rubber tire tie or other tie as accepted by Landscape Architect. 3. Spreader Board: 1" x 4" treated wood, length determined by stake spacing. 4. Auxiliary Stakes: 1/4 in. - 1/2 in. diameter spring-steel wire, fiberglass rod, bamboo, or split wood, as accepted by Landscape Architect. Stakes will have no rough or sharp edges capable of damaging bark. B. Tree Guying: Innovation Campus 3/14/2023 PLANTING 02950 - 7 1. Ground Anchors: Duckbill-type galvanized steel ground anchor and cable assembly, by Foresight Products, Inc., (800) 325-5360 or accepted equal. C. Mulch: 2. Shredded Cedar Install mulch ring at base of all trees in sod lawn and native grass areas. No weed fabric required. D. Water: 1. Clean, fresh and potable, provided and paid for by contractor. 2. Transport as required. 2.4 SOURCE QUALITY CONTROL A. Review: Submit a written request for review of plant materials and quantity at place of storage at least thirty (30) days after award of contract. Right is reserved to refuse review at this time if, in owners judgement, a sufficient quantity of plants is not available. B. Transportation: Contractor to accompany Landscape Architect to review(s) of plant materials. C. Distant Material: If place of growth is more than 50 miles from Bozeman, Montana, contractor will provide photos adequate to determine tree quality for review and acceptance. Submit photographs with a person adjacent to each plant type for preliminary review. Such review will not impair the right of review and rejection during progress of the work and/or upon delivery. Trees will then be tagged by the contractor at the place of growth. D. Unavailable Material: If proof is submitted that a specified plant is not obtainable, a proposal will be considered for use of nearest equivalent size or variety with corresponding adjustment of Contract price. Substantiate such proof in writing no later than 30 days after award of contract. E. Special Conditions: Contractor is not relieved of responsibility of obtaining specified materials in advance if special growing conditions or other arrangements must be made in order to supply specified materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Verification of Conditions: 1. Finish Grades: Finish grades for planting areas must have been established. Verify that grades are within 1 in. plus or minus of required finish grade. Innovation Campus 3/14/2023 PLANTING 02950 - 8 2. Soil Preparation: Do not commence planting work prior to completion and acceptance of soil preparation. 3. Irrigation: Verify that irrigation system has been installed and accepted. 3.2 PREPARATION A. Layout and Staking: Lay out plants at locations shown on Drawings. Use 3 -ft. lath, color-coded for each specie of plant material. Stake each tree, not specifically located by dimension or alignment. Outline shrub and groundcover beds with lime or other material. B. Review: Locations of plants will be checked in field and will be adjusted to exact position before planting begins. Right is reserved to refuse review at this time if, in Landscape Architect's opinion, an insufficient quantity of plants is available. C. Digging Plant Pits: Dig tree pits and scarify sides of the tree pit after excavation - see below. Do not use an auger or tree spade. D. Containerized Plant Pits: Excavate square plant pits as follows: Width Depth Canned Shrubs and Vines Can + 12 in. Can E. Ball and Burlap Plant Pits: Excavate square plant pits as follows; Width Depth Trees Ball + 24 in. Ball Shrubs (and Vines) Ball + 12 in. Ball Groundcover Beds As required 6 in. Perennials 24 in. Container As Specified 3.3 DRAINAGE TEST OF PLANT PITS/OBSTRUCTIONS A. Testing: Immediately after completion of excavation, test drainage of plant pits by filling with water twice in succession. Give written notification of conditions permitting retention of water in plant pits for more than twenty-four (24) hours. B. Correction: Submit for acceptance a written proposal and cost estimate for correction of poor drainage conditions before proceeding with planting. C. Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in excavation of plant pits, acceptable alternate locations may be used at discretion and direction of Landscape Architect. If an acceptable alternative location cannot be determined, the obstruction will be removed by the contractor at no additional cost to the Owner. D. Percolation Test Pit: Innovation Campus 3/14/2023 PLANTING 02950 - 9 1. Location: At four (4) locations as determined by the Landscape Architect on site. 2. Restrictions: Do not perform test on a rainy day or during freezing weather. Repeat tests interrupted by rain or cold. 3. Procedure: a. Dig test pit of a size specified for tree pits, a minimum of 4 ft. deep. Legibly calibrate a stake at 1 in. intervals and drive it firmly into undisturbed soil at bottom of pit. b. Fill test pit with water to within 1 ft. of the finish grade. Immediately record water level on stake. c. After 3 hours, record water level again. Repeat recording of water level once each hour for succeeding five hours. 4. Documentation: Submit written documentation of test pit results, dated and signed. 3.4 TREE, SHRUB AND VINE PLANTING A. Handling and De-potting of Plant Materials: 1. Damage: Avoid damage to containers wrappings and rootballs. If rootball is cracked or broken during handling and de-potting, plant will be rejected. Do not remove plant from container prior to completion of plant pit preparation. 2. Canned Trees and Shrubs: Metal Containers: Cut can on two sides with accepted cutting tool. Do not use spade. Plastic Containers: Tip container to horizontal orientation and shake carefully to remove shrub. Support rootball during installation to prevent cracking or shedding of soil. 3. Boxed Trees: Lift from bottom with forklift or from sides with 2 in. x 4 in. rails nailed to each side of box. Do not remove box prior to settling tree in plant pit. Remove sides of box after acceptance by Landscape Architect and prior to backfilling. Bottom of box may be left in place. 4. Balled and Burlapped Plants: Lift and carry by bottom of ball only. Do not remove wrapping until plant is set in plant pit. Cut and remove wire from upper 1/3 of rootball and peel burlap away from upper 1/3 of rootball prior to backfilling. B. Installation: 1. Scarification: a. Plant Rootball: After removing plant from container, scarify sides of rootball to a depth of 1 in. at four to six equally-spaced locations around the perimeter of ball or at 12 in. intervals on sides of boxed materials. Cut and remove circling roots over 3/8 in. diameter. b. Plant Pit: Scarify sides of plant pit, thoroughly breaking up surfaces and eliminating "glazed" areas. Innovation Campus 3/14/2023 PLANTING 02950 - 10 2. Positioning: Backfill plant pit to allow setting crown of tree 2 in. above new finish grade and crown of shrub 1 in. above finish grade. Thoroughly foot tamp backfill. Position plant in planting pit, maintaining plumb condition. Maintain throughout planting operations. 3. Backfilling: a. Use backfill mix to backfill plant pits as shown on Drawings Brace each plant plumb and rigidly in position until planting soil has been tamped solidly around the ball and roots. b. When plant pits have been backfilled approximately 2/3 full, water thoroughly and saturate rootball, before installing remainder of backfill mix to top of pit, eliminating air pockets. 4. Staking and/or Guying: When required, stake or guy as specified below. 5. Slow-release Fertilizer Tablets: Place evenly distributed in plant pits when backfilled 2/3 according to the following schedule or per Manufacturer's latest specifications. Container 1 gallon can - 2 tablets 24 in. box - 8 tablets 5 gallon can - 4 tablets 36 in. box - 10 tablets B & B stock 1 tablet per 1/2 in. caliper or 1 ft. of height, whichever is less D. Watering Basin: Form saucer with 3 in. high berm centered around tree and shrub pits 12 in. wider than ball diameter. Do not form saucer around trees in entry area planting areas and planters and parking lot areas. E. Training of Vines: Secure to arbor with green polyethelene tape at ten (10) in. intervals. F. Watering: Immediately water plants after completion of planting operations. 3.5 STAKING AND GUYING A. General: 1. Trees must be able to stand upright without support, and return to vertical after their tops have been deflected horizontally and released. Stake or guy trees that do not meet this qualification. 2. Do not stake trees planted on structure. See guying option below. 3. Trees must remain plumb and straight from installation through warranty period. 4. Tree support, if required, must be done as outlined herein. B. Staking: Stake trees under 3-1/4 in. caliper in accordance with the following table: Tree Innovation Campus 3/14/2023 PLANTING 02950 - 11 Caliper @ 12 in. # Stake Above-Grade Stakes Size To 2 in. 2 2 in. Diam. x 6 ft. min. 21/2 in. to 6 in. 3 3-1/2 in. Diam. x 6 ft. min. 1. Locate stakes as detailed in Drawings, perpendicular to prevailing wind and as close to main trunk as is practical, avoiding root injury. Drive stakes at least 18 in. into firm ground. 2. Nail 1 in. x 4 in. spreader board to stakes at detailed height making sure minimum trunk clearance is maintained. 3. Remove nursery-supplied stake and tie to new stakes using two tree ties. Find proper height for point of tree ties and attach as follows: a. Hold trunk in one hand, pull top to one side and release. Height at which trunk will snap back to upright position while hand-held is Base Height. Attach tree ties to trunk 6 in. above Base Height. b. Nail rubber ties to stakes using two (2) galvanized roofing nails at each end of tie. After total securement, cut off stakes to an even height determined by the Landscape Architect. c. If trunk is too "whippy" to support tree plumb, use auxiliary stake as follows: 1) Attach auxiliary stake as required to support trunk. Extend stake 30 in. below finish grade up to a point no closer than 24 in. from top of leader. 2) Round and wrap ends of stake with friction tape. Attach stake to trunk with 1 in. wide vinyl or polyethelene tape at 10 in. to 15 in. intervals. C. Guying: 1. Positioning: Guy trees at points of branching, with guys spaced equally around and outside perimeter of ball. Cover guys with rubber hose at points of contact with bark. Position guys at crotches and fasten to a deadman. 2. Turnbuckle: Provide one (1) turnbuckle for each guy. Use 2 cable clamps at each cable connection 3. Mock-Up: Install mock-up of manufactured project at job site per manufacturer's instructions for review and acceptance by Landscape Architect. Tree Caliper @ 12 in. Turn- Deadmen Above Grade Guys Size Buckle /Anchor 3 in. to 3 1/8" 3/8" x 4" x 4" x 24", 6 in. 7 x 7 10-5/8 l8" Deep (on-structure) Innovation Campus 3/14/2023 PLANTING 02950 - 12 (or) 'Duckbill' 68 DTS Kit 3.6 MULCHING A. Planting Bed Mulching: 1. Mulch backfilled surfaces of tree rings and other areas indicated. Apply 3- inch average thickness of mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. Install 3 in. deep layer of mulch over all planter areas, entry planting areas and shrub areas including tree and shrub watering basins. END OF SECTION 02950