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HomeMy WebLinkAboutBOZEMAN YARDS BLOCK 104 OFFSITE IMPROVEMENTS_BIDDING_MANUAL_1212026 BOZEMAN YARDS BLOCK 104 OFFSITE IMPROVEMENTS Project # 06020.11 Bozeman, Montana JANUARY 2026 CONTRACT PLANS AND SPECIFICATIONS BOZEMAN YARDS BLOCK 104 OFFSITE IMPROVEMENTS – CITY OF BOZEMAN TIF RESOLUTION 5663 BOZEMAN, MONTANA Prepared For: Jackadoo LP PO Box 56 Highland Park, IL 60035 Prepared By: Sanbell 106 East Babcock, Suite L1 Bozeman, Montana 59715 January 2026 06020.11 i TABLE OF CONTENTS TOTAL NO. OF PAGES INVITATION TO BID ......................................................................................................... 3 INSTRUCTIONS TO BIDDERS ......................................................................................... 11 BID FORM ....................................................................................................................... 6 BID BOND ....................................................................................................................... 2 NON-DISCRIMINATION AND EQUAL PAY AFFIRMATION FORM ................................. 1 AGREEMENT FORM ........................................................................................................ 6 PAYMENT AND PERFORMANCE BONDS ..................................................................... __ INSURANCE CERTIFICATES ............................................................................................ __ STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ............................................................................ 1 MONTANA PREVAILING WAGE RATES ....................................................................... 13 SPECIAL PROVISIONS .................................................................................................. 11 ELECTRICAL SPECIAL PROVISIONS ............................................................................... 1 CITY OF BOZEMAN STANDARD MODIFICATIONS TO THE MPWSS SEVENTH EDITION, APRIL, 2021 ...................................................................................... 1 ADDITIONAL FORMS Notice of Award ............................................................................................................ 1 Notice to Proceed ........................................................................................................ 1 Contractor Application ................................................................................................ 4 City of Bozeman Claim Form ....................................................................................... 1 Work Change Directive ................................................................................................ 1 Change Order ............................................................................................................... 2 Certificate of Substantial Completion ........................................................................ 2 Section 00100 INVITATION TO BID Page 1 of 3 CITY OF BOZEMAN, MONTANA C A L L F O R B I D S NOTICE IS HEREBY GIVEN that Jackadoo LP is accepting sealed bids for: Bozeman Yards Block 104 Offsite Improvements – City of Bozeman TIF Resolution 5663 Jackadoo LP will receive online electronic sealed Bids for Construction of the Bozeman Yards Block 104 Offsite Improvements – City of Bozeman TIF Resolution 5663 Project until 3:00 p.m. (local time) on February 17, 2026 and then publicly opened and read aloud. Project Description: Construction of new paved streets with ADA accessible sidewalk, crosswalks, landscaped boulevards, curb and gutter, new stormwater conveyance and underground chamber system, new water main, existing sanitary sewer main modifications and extension, utility service connections and streetlights, park improvements, and onsite alley and earthwork improvements. The work will be completed within two seasons (2026 and 2027) for 180 calendar days following Notice to Proceed with an anticipated stop work order through the winter months. See the special provisions for the proposed project concurrent construction sequence with Block 104 on-site and off-site improvements. The contract for this project is direct with the Owner; however, Langlas is the general contractor for the on-site Bozeman Yards project and the awarded contractor for this project (Bozeman Yards Block 104 Offsite Improvements) is required to coordinate with Langlas throughout construction for the success of both projects. See SP-5 Construction Sequencing and below for general sequencing guidance. Block 104 concurrent construction sequence: This work sequence is to provide general guidance for concurrent construction constraints of on-site and off-site improvements. The general contractor is to provide a more detailed sequencing plan that follows this general guidance. 1. Demo existing on-site improvements, utilities, and fence site. 2. Excavate foundation, backfill, start vertical building construction. 3. Construct off-site piping, building services and gravel road base. 4. Relocate franchise utilities. 5. Complete vertical building construction and exterior. 6. On-site storm drainage. 7. On-site franchise utility services. 8. Complete park improvements. 9. Off-site storm drainage, lighting and surfacing. 10. On-site surfacing and landscaping. 11. Complete building interior. For this project, bids will only be received and accepted via the online electronic bid service through QuestCDN. A contractor may view the contract documents at no cost prior to becoming a Planholder. Project bid documents and addenda must be downloaded from QuestCDN, which will Section 00100 INVITATION TO BID Page 2 of 3 add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. The specific project can be found by referencing the eBidDoc number (eBidDoc #10033866). Complete digital project bidding documents are available to download at www.questcdn.com, for a non-refundable charge of $22.00. Bidders will be charged an additional fee of $42.00 to submit a bid electronically. Contact QuestCDN Customer Support at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading digital project information and vBid online bid submittal. 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. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. 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 RFQ 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 Jackadoo LP, 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. To request an invitation to join the bid opening, please email the project manager, Bobby Egeberg at: begeberg@sanbell.com Section 00100 INVITATION TO BID Page 3 of 3 An online pre-bid meeting will be held on February 9, 2026 at 3:00PM. To request an invitation to join the pre-bid meeting, please email the project manager, Bobby Egeberg at: begeberg@sanbell.com Jackadoo LP reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of Jackadoo LP. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 21st day of January, 2026. Mike Maas City Clerk, City of Bozeman Bobby Egeberg Project Manager, Sanbell Published Bozeman, Montana, January 24, 2026 February 7, 2026 P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 1 of 11 INSTRUCTIONS TO BIDDERS 1. BIDS a. The Bid Form included within the Bidding Documents is for reference only. Jackadoo LP will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. The specific project can be found by referencing the eBidDoc number (eBidDoc #10033866). Complete digital project bidding documents are available to download for a non-refundable charge of ($22). Bidders will be charged an additional fee of ($42) to submit a bid electronically. For electronic bids, scans of required electronic bid documents will be accepted. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the bid being submitted may be rejected as irregular. b. A bid shall be submitted no later than the date and time prescribed and as indicated in the Invitation to Bid and shall be submitted online through QuestCDN. The bid shall include the name and address of the Bidder and shall be accompanied by the Bid Security, Nondiscrimination Affirmation Form, and other required documents. c. Contract Documents may be viewed at the following locations: Sanbell 106 East Babcock, Suite L1 Bozeman, MT 59715 Phone: (406) 582-9876 2. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accom- panied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to Jackadoo LP. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 2 of 11 Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to unsuccessful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory Performance and Labor and Material Payment Bonds. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement. Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise, the bid will not be accepted. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form (EJCDC C-430) bound herewith. 3. SUBSTITUTE AND “OR-EQUAL” ITEMS The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 4. INTERPRETATIONS AND/OR ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda emailed to all parties recorded by QuestCDN as having downloaded the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It shall be the responsibility of the Bidder to download such Addenda prior to submitting his online bid. 5. EXAMINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE a. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 1. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor and P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 3 of 11 should fully inform himself as to the facilities involved, and the difficulties and restrictions attending the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he is capable of performing the specified work on the site. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so will not relieve the successful Bidder of his obligations to carry out the provisions of this Contract. 2. The submission of a Bid will constitute a representation of familiarization by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. b. The Contractor may refer to the following for information regarding site conditions: 1. Those reports, if any, of explorations and tests of subsurface conditions at the site which have been prepared by the Owner and are included as part of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon the completeness thereof for the purposes of bidding or construction. 2. Those drawings of physical conditions in or relating to the existing surface and subsurface conditions which are at or contiguous to the site (except Underground Facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. c. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 4 of 11 its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. f. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. 7. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 5 of 11 8. OPENING OF BIDS At the time for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that do not contain either the bid bond or non-discrimination affirmation, which will not be read. Bidders and other persons properly interested may be present, in person or by representative. To request an invitation to join the bid opening, please email the project manager: Bobby Egeberg at begeberg@sanbell.com. 9. MODIFICATIONS AND WITHDRAWAL OF BID A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. 10. METHOD OF AWARD OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 6 of 11 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within ten (10) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner’s interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. 11. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 7th Edition (MPWSS), shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 7th Edition (COB MODS), dated April 2021, including all addenda which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein Non-Discrimination and Equal Pay Affirmation Form................. Bound Herein P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 7 of 11 Agreement Form...........................Bound Herein Payment Bond..............................MPWSS/Bound Herein Performance Bond........................MPWSS/Bound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein Montana Prevailing Wage Rates............MPWSS/Bound Herein Special Provisions............Bound Herein Electrical Special Provisions............Bound Herein Miscellaneous Forms Notice of Award.................. MPWSS/Bound Herein Notice To Proceed............. MPWSS/Bound Herein Contractor Application for Payment.................. MPWSS/Bound Herein Work Change Directive.................. MPWSS/Bound Herein Change Order.....................MPWSS/Bound Herein Certificate of Substantial Completion.................. MPWSS/Bound Herein 12. EXECUTION OF AGREEMENT a. Subsequent to the award and within 15 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. 4. Other persons signing for a single-owner firm, or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. c. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates, and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 8 of 11 13. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. c. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. 14. POWER OF ATTORNEY a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. b. One original shall be furnished with each set of bonds. c. Additional copies furnished with a set of bonds may be copies of that original. 15. LABOR AND WAGES a. For public projects in excess of $25,000 let, the Contractor(s) shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable in the county or locality in which the work is being performed (18-2-403, Montana Code Annotated). b. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor’s workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401, (18-2-409, MCA). c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, Montana Code Annotated. A copy of the wage rates are bound herein. It is the P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 9 of 11 Contractor’s responsibility to classify their workers in accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate. d. The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker. e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area. g. Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Wage and Hour Unit, Helena, Montana. i. Safety Training. Contractor shall comply with the Occupational Safety and Health Act (OSHA). 16. EQUAL EMPLOYMENT OPPORTUNITY By submitting a bid, Contractor 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, Contractor 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. P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 10 of 11 17. MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to Section 15-50-205, MCA. 18. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The copy shall be accompanied by a certification signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Montana Department of Labor and Industry, and that the classifications set forth for each laborer or mechanic conform with the work he performed. The prime Contractor will make the record required under the labor standards clause of the Contract available for inspection by authorized representatives of the Owner and the Montana Department of Labor and Industry and will permit such representatives to interview employees during working hours on the job. Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor’s certification that all employees are being classified and paid appropriately. 19. MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 20. NOTICE TO PROCEED The Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual written agreement between the Owner and Contractor. 21. CONTRACT TIME The Contract Time will be as set forth in the Agreement Form. P:06020_11_Block 104 Offsite Improvements_IB.docx INSTRUCTIONS TO BIDDERS (1/21/26) ALS/RPE Page 11 of 11 22. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Agreement Form. 23. MONTANA CONTRACTOR’S REGISTRATION 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). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694). 24. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. END OF SECTION 106 East Babcock, Suite L1 Jackadoo LP will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. Refer to the instructions to bidders for additional information. BID FORM Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of BOZEMAN YARDS BLOCK 104 OFFSITE IMPROVEMENTS, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. PROJECT IDENTIFICATION: Bozeman Yards Block 104 Offsite Improvements - City of Bozeman TIF Resolution 5663 Jackadoo LP Bozeman, Montana THIS BID SUBMITTED TO: Sanbell Bozeman, Montana 59715 The work shall be substantially complete on or before October 30, 2027. P:06020_11_6_Block 104 Offsite Improvements_BF.xls BID FORM Page 1 of 9 (12/04/25) als 106 East Babcock, Suite L1 Jackadoo LP will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. Refer to the instructions to bidders for additional information. BID FORM Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of BOZEMAN YARDS BLOCK 104 OFFSITE IMPROVEMENTS, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. PROJECT IDENTIFICATION: Bozeman Yards Block 104 Offsite Improvements - City of Bozeman TIF Resolution 5663 Jackadoo LP Bozeman, Montana THIS BID SUBMITTED TO: Sanbell Bozeman, Montana 59715 The work shall be substantially complete on or before October 30, 2027. P:06020_11_6_Block 104 Offsite Improvements_BF.xls BID FORM Page 1 of 9 (01/05/26) als NOTE: Contractor shall fill out all Bid Schedule prices on the Quest CDN Platform. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. BIDDER will complete the Work in accordance with the CONTRACT DOCUMENTS for the following price(s). Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. BIDDER acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the CONTRACT DOCUMENTS. The undersigned agrees that the unit prices shall govern in checking the Bid and should a discrepancy existing in the Total Estimated Price and the Total Amount of Unit Prices Bid as listed below after extensions are check and correction made, if any, the Total Amount of unit Prices Bid as correct shall be used in awarding this Contract. The owner reserves the right to reject any or all bids. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. P:06020_11_6_Block 104 Offsite Improvements_BF.xls BID FORM Page 2 of 9 (01/05/26) als ITEMNO.EST.QTYUNIT DESCRIPTIONUNITPRICETOTALPRICE$ $101 1.0 LS Mobilization & Insurance / LS =102 251 LF 15-Inch RCP / LF =103 8 EA Type II Storm Drain Inlet / EA =104 4 EA 48-Inch Manhole / EA =105 1 LS MC-3500 ADS Chamber System (3,111 CF storage) / LS =106 1 LS Flowfill/Abandon Existing Sanitary Sewer Main / LS =107 25 LF 10-Inch Sanitary Sewer Main / LF = 108 133 LF 6-Inch Sanitary Sewer Service Pipe / LF = 109 29 LF 4-Inch Ductile Iron Pipe (Water Service) / LF = 110 269 LF 6-Inch Ductile Iron Pipe (Water Service) / LF = 111 690 LF 10-Inch Ductile Iron Pipe (Water Main) / LF = 112 1 EA Connect to Existing 10-Inch Water Main / EA = 113 2 EA Connect to Existing 12-Inch Water Main / EA =114 3 EA 12-Inch Gate Valve / EA =115 3 EA 10-Inch Gate Valve / EA =116 5 EA 6-Inch Gate Valve / EA =117 1 12" x 12" x 10" Tee / EA =118 2 10" x 10" Tee / EA =119 6 10" x 6" Tee / EA =120 1 10" x 4" Tee / EA =121 1 10" x 2" Tap / EA =122 3 10" 45-Degree Bend / EA = 123 2 10" 22.5-Degree Bend / EA = 124 2 6" 45-Degree Bend / EA =ALL ITEMS ARE COMPLETE IN PLACESCHEDULE 1: STREETSP:06020_11_6_Block 104 Offsite Improvements_BF.xlsBID FORMPage 3 of 9(01/05/26) als ITEMNO.EST.QTYUNIT DESCRIPTIONUNITPRICETOTALPRICE$ $125 3 EA Fire Hydrant Assembly / EA =126 451 CYStrip, Stockpile, & Replace or Dispose of Existing Topsoil/ CY =127 2195 SY Sawcut, Remove and Dispose of Existing Asphalt / SY =128 548 LF Remove and Dispose of Existing Curb and Gutter / LF =129 1673 CY Unclassified Excavation / CY =130 2247 CY1 1/2-inch Minus Crushed Base Course (18-inch Paving Section)/ CY =131 12427 SF 6-Inch Concrete Sidewalk and ADA Ramp / SF = 132 218 SF Truncated Domes / SF = 133 2194 LF Standard Curb and Gutter / LF =134 13 EA Remove Existing Sign and Post / EA =135 12 GL Curb Epoxy (Yellow) / GL = 136 730 SF Thermoplastic Pavement Markings (White) / SF =137 35 EA New Sign / EA =138 1 LS Re-seed Disturbed Areas / LS = 139 930 SF 6-Inch Concrete Drive Approach / SF =140 4494 SY315 lb Woven Geotextile Fabric (Mirafi 600X or Approved Equal)/ SY =141 4494 SY Asphalt Surface Course (3-inch Section) / SY = 142 1560 SF Permeable Pavers / SF =143 1 LS Lighting / LS =144 1 LS Miscellaneous Work / LS = 145 9896 SF City ROW Landscaping Restorative Seeding / SF=146 70 CY City ROW Soil Ammendment / CY =147 1 LS Langlas General Contractor Coordination 1.00 / LS = 40,000.00$(Figures)TOTAL BIDP:06020_11_6_Block 104 Offsite Improvements_BF.xlsBID FORMPage 4 of 9(01/05/26) als ITEMNO.EST.QTYUNIT DESCRIPTIONUNITPRICETOTALPRICE$ $201 1.0 LS Mobilization & Insurance / LS = 202 3 EA Tree Grates (soil, framing, & labor) / EA =203 2 EA Bike Rack / EA =204 1 EA Dog Waste Station / EA =205 2 EA Benches (relocated existing) / EA = 206 2 EA Picinic Tables (relocated existing) / EA = 207 42 CY Bark Chips / CY =208 1057 SF Lawn Seeding / SF =209 8 CY Soil Amendment (2-inch organic compost) / CY = 210 3 EA Trees / EA = 211 200 LF Root Barrier Fabric / LF = 212 1609 SF 4-inch Concrete Sidewalk / SF = 213 1057 SF Irrigation System / SF = 214 1 LS Langlas General Contractor Coordination 10,000.00 /LS = 10,000.00$(Figures)ALL ITEMS ARE COMPLETE IN PLACETOTAL BIDSCHEDULE 2: PARKP:06020_11_6_Block 104 Offsite Improvements_BF.xlsBID FORMPage 5 of 9(01/05/26) als ITEMNO.EST.QTYUNIT DESCRIPTIONUNITPRICETOTALPRICE$ $300 1.0 LS Site/Building Demo / LS =301 3000 CY Site Prep/Haul off / CY = 302 1 LS Subgrade Preparation / LS = 303 799 SY Geotextile Fabric -Mirafi 380I / SY =304 266 CY Subbase / CY =305 133 CY Crushed Road Base / CY = 306 1995 SF 6" Reinforced Concrete / SF =307 489 SY Asphalt Pavement / SY =308 4 EA Adjust Storm Inlets to Finished Grade / EA = 309 1 LS Langlas General Contractor Coordination 1.00 / LS = 20,000.00$(Figures)ALL ITEMS ARE COMPLETE IN PLACESCHEDULE 3: ONSITE DEMO AND ALLEY INSTALLATIONTOTAL BIDP:06020_11_6_Block 104 Offsite Improvements_BF.xlsBID FORMPage 6 of 9(01/05/26) als An Individual: By: Phone No.:Fax No.: Business Address: If Bidder Is: (Name, typed or printed) (Individual's Signature) Doing Business as: BASIS OF AWARD If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all bid Schedules on a lump sum basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No._____________________________Dated____________________ No._____________________________Dated____________________ No._____________________________Dated____________________ No._____________________________Dated___________________Submitted on , 2026 Montana Contractor's Registration No. (if any)_____________________ Employer's Tax ID No._____________________________________ P:06020_11_6_Block 104 Offsite Improvements_BF.xls BID FORM Page 7 of 9 (01/05/26) als A Partnership: By: Phone No.:Fax No.: A Corporation: By: Title: Attest: Phone No.:Fax No.: Phone No.:Fax No.: Date of Qualification to do Business (Corporate Seal) Business Address: (Signature of Person Authorized to Sign) (Corporation Name) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): (Name, Typed or Printed) Business Address: (Partnership Name) (Signature) P:06020_11_6_Block 104 Offsite Improvements_BF.xls BID FORM Page 8 of 9 (01/05/26) als By: (Signature of Joint Venture Partner) Name: Title: Phone No.:Fax No.: By: (Signature of Joint Venture Partner) Name: Title: Address of Joint Venture for Receipt of Official Communication: Phone No.:Fax No.: Phone No.:Fax No.: (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is party to the joint venture should be in the manner indicated above.) END OF SECTION Address: (Name, typed or printed) (Name, typed or printed) Business Address: Business Address: Joint Venturer Name: Joint Venturer Name: (Name, typed or printed) (Name, typed or printed) A Joint Venture:Each Joint Venture Must Sign P:06020_11_6_Block 104 Offsite Improvements_BF.xls BID FORM Page 9 of 9 (01/05/26) als PENAL SUM FORM EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 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 EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond 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. 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 AGREEMENT FORM THIS AGREEMENT is dated as of the day of January in the year 2026, by and between JACKADOO LP, 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. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Construction of the offsite improvements adjacent to the Bozeman Yards Block 104 development. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bozeman Yards Block 104 Offsite Improvements – City of Bozeman TIF Resolution 5663. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 180 calendar days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one-thousand dollars ($ 1000.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of ($). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. 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 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Seventh Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Seventh Edition, April 2021 with addenda (by reference). 7.12 Appendices 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Notice of Substantial Completion. 7.20 Notices of Final Completion and Acceptance. 7.21 Non-discrimination affirmation form. 7.22 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 8.5 Consent to Electric Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electric Transaction Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title _____________________________ (JOINT VENTURE) By (SEAL &) (ATTEST) Title _____________________________ Jackadoo LP (OWNER) By _____________________________ (OWNER REPRESENTATIVE) (SEAL &) (ATTEST) _____________________________ {MW001504;1} EJCDC C-615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: 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 Note: Provide execution by additional parties, such as joint venturers, if necessary. {MW001504;1} EJCDC C-615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. Reserved. 7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. {MW001504;1} EJCDC C-615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, 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 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. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and 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. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY – (Name, Address, and Telephone) Surety Agency or Broker: Owner’s Representative (Engineer or other): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: 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 Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the 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 Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. 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 Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY – (Name, Address and Telephone) Surety Agency or Broker: Owner’s Representative (Engineer or other party): BLOCK 104 OFFSITE IMPROVEMENTS Project # 06020.11 MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS, SEVENTH EDITION MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS Seventh Edition April 2021 Distributed by: Montana Contractors Association 1717 11th Avenue, Helena, MT 59601 www.mtagc.org (406) 442-4162 BLOCK 104 OFFSITE UTILITY IMPROVEMENTS Project # 06020.11 CITY OF BOZEMAN STANDARD MODIFICATIONS TO THE MPWSS SEVENTH EDITION, APRIL 2021 City of Bozeman Standard Modifications to MPWSS Seventh Edition, April 2021 Refer to City of Bozeman Website www.bozeman.net BLOCK 104 OFFSITE UTILITY IMPROVEMENTS Project # 06020.11 ADDITIONAL FORMS P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 1 of 11 SPECIAL PROVISIONS SP-1 SPECIFICATIONS AND CONTRACT DOCUMENTS The Bidding Requirements, Contract Forms, Conditions of the Contract, Standard General Conditions, and Specifications governing this contract are these Contract Documents, the Montana Public Works Standard Specifications (MPWSS), Seventh Edition, April 2021 and the City of Bozeman Modifications to the MPWSS, Seventh Edition, including all addenda. SP-2 GENERAL The following special provision items are included to supplement the standard specifications and to clarify items specific to this contract. These provisions are part of the overall specifications and, as such, shall be regarded in a like manner during the bidding process and during the construction phase. The special provision items shall govern during the construction phase and shall supersede items of like nature in the standard specifications. Precedence shall be given in the following order: 1) Special Provisions; 2) City of Bozeman Modifications to the MPWSS, Seventh Edition, including all addenda; 3) Montana Public Works Standard Specifications (MPWSS), Seventh Edition, April 2021. Contractor shall coordinate all construction activities through all phases of the project, the intent being to complete the proposed construction in a neat orderly fashion, in a timely manner, and with a minimum of disturbance to neighbors and the traveling public. The contract for this project is direct with the Owner; however, Langlas is the general contractor for the on-site Bozeman Yards project and the awarded contractor for the Bozeman Yards offsite improvements is required to coordinate with Langlas throughout construction for the success of both projects. See SP-5 Construction Sequencing below for general sequencing guidance. The Contract Drawings consist of sheets numbered C1.1 to L4.1 (39 total sheets with Sanbell) and sheets C9.0-C9.1 (2 total sheets from Stahly). Each Sanbell sheet bears the following general title: BOZEMAN YARDS OFFSITE IMPROVEMENTS – CITY OF BOZEMAN TIF RESOLUTION 5663 PLANS. Each Stahly sheet bears the following general title: BOZEMAN YARDS SOUTH. Contractor shall construct project only using plan sheets marked “For Construction”. SP-3 PROJECT DESCRIPTION The project consists of: Construction of streets and public utility infrastructure adjacent to the Bozeman Yards development. P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 2 of 11 SP-4 SCHEDULING Work on this project is anticipated to begin on or after March 1, 2026 and the anticipated duration is 180 calendar days with an anticipated stop work order through the winter months. Cost for multiple mobilizations due to the anticipated stop work order and construction sequencing in SP-5 below shall be included in the bid form. The project must be completed by October 30, 2027. All exposed water main, storm main, public utility service line pipes and fittings, and foundation anchor bolts should be protected until all are installed. SP-5 CONSTRUCTION SEQUENCING The Bozeman Yards project includes on-site and off-site improvements that must be coordinated with Langlas, general contractor for on-site Bozeman Yards project, for the success of both projects. Below is general sequencing guidance but the general contractor is required to submit a detailed sequencing plan that follows the general guidance. 1. Demo existing on-site improvements, utilities, and fence site. 2. Excavate building foundation, backfill, start vertical building construction (by others). 3. Construct off-site piping, building services, and gravel road base. 4. Relocate franchise utilities. 5. Complete vertical building construction and exterior on-site storm drainage (by others). 6. Complete park improvements. 7. Construct off-site storm drainage, lighting, and hardscape surfacing. 8. On-site hardscape and landscape (by others). 9. Complete building interior (by others). SP-6 TRAFFIC CONTROL Two-way traffic should generally be maintained on adjacent streets throughout the duration of construction. The Contractor will be required to prepare and submit traffic control plans for review by the Engineer and approval by the City of Bozeman when any partial or full closure takes place. The traffic control plans shall address the Contractor’s suggested phasing/sequencing and specific plans for access to the businesses listed above during each phase of the project. Coordinate with each individual business on the level of access needed and notify them of any changes in access throughout the project. Temporary traffic signing shall comply with City standards and the Manual on Uniform Traffic Control Devices. If during the course of work, additional signing is deemed necessary by the Contractor, the Contractor shall submit a written request to the Engineer for approval by the City of Bozeman. If the additional signing results in extra expenses, then the extra expenses P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 3 of 11 shall be compensated through a change order to the contract and shall be executed in accordance with all references and requirements herein. No traffic control signs shall be placed on existing sign or utility poles, during construction. SP-7 PAYMENT AND PERFORMANCE BONDS Payment and Performance Bonds are required in accordance with the Montana Public Works Standard Specifications (MPWSS), Seventh Edition, April 2021. Bond forms have been provided in the Payment and Performance Bonds section of the Contract Documents. SP-8 PREVAILING WAGE RATES Work performed under this contract is not subject to the Federal Davis-Bacon Wage Rates. Montana Prevailing Wage Rates shall apply and are provided within this project manual. SP-9 PAYMENT OF CHANGE ORDERS Additional work, above and beyond the original contract work will not be paid for without a signed change order or contract amendment signed by the Owner prior to the start of any additional work. The one exception will be in the event verbal approval for a change order is granted by the Owner, a letter stating the same must be signed by the Owner prior to the start of any additional work. Any work that has begun prior to obtaining approval from the Owner, or the exception listed above, will not be paid for by the Owner and will not be added to the contract. A reconciling change order showing final in-place quantity over-runs and under-runs will be prepared before the final payment to the Contractor. The unit prices will remain unchanged. This reconciling change order shall be prepared before authorization of final payment to the Contractor. SP-10 ADVERSE WEATHER SHUTDOWN The Contractor is advised that should the Contractor request an adverse weather shutdown and should such a shutdown be approved by the Engineer, all work on the project shall cease. The Engineer will not be available for work inspection during such shutdowns and any work completed by the Contractor during such a shutdown will not be accepted by the Engineer. In no case will an adverse weather shutdown be approved by the Engineer until all temporary services have been restored. During adverse weather shutdown, Contractor must maintain stormwater management facilities in accordance with the Stormwater Management and Erosion Control Permit and maintain all temporary roads and walkways. P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 4 of 11 SP-11 BASIS OF PAYMENT The bid items included in the Bid Form include all items, which will receive payment under this contract. Additional work described in the Contract Documents or shown on the Plans, which is not specifically listed in the Bid Form, shall be considered incidental to the closest associated Bid Item. The basis for payment shall be as abbreviated on the Bid Form and defined below: LS = Lump Sum EA = Each LF = Linear Feet VF = Vertical Feet CY = Cubic Yard SY = Square Yard SF = Square Feet TN = Ton GL = Gallon At project completion, adjustments to quantities will be made based on actual amounts installed. Adjustments will not be made for Lump Sum items unless the scope of work is substantially changed during construction as determined by the Engineer. The Engineer shall have final authority in determining if the scope of work has substantially changed. If scope of work must be changed due to negligence or fault of the Contractor, additional payment for Lump Sum items shall not be made. Quantity adjustments to all non-lump sum items shall be measured by the Engineer in the presence of the Contractor. Payment for each item shall be for the finished product including all labor, materials, equipment, overhead, profit and any other miscellaneous items unless otherwise noted in the Contract Documents. Mobilization and Insurance Bid Items. These items include the mobilization of equipment to the site, insurance and bond costs and demobilization. Payment for Mobilization and Insurance Bid Items shall be made as follows. Sixty (60) percent of the total item shall be paid with the first application for payment. The remaining forty (40) percent of the total shall be paid with the first application for payment that is submitted to the Engineer after the Certificate of Substantial Completion has been signed by the Engineer and the Owner. Partial Payments of Lump Sum Bid Items. Payment for all lump sum items shall be made on the basis of percent of work complete on individual items at the time the Contractor submits the Application for Payment to the Engineer. If required by the Engineer, the Contractor shall provide evidence of percent of work complete. The percent of work shall then be determined by the judgment and calculations of the Engineer. SP-12 LIMITS OF CONSTRUCTION P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 5 of 11 The Contractor is required to confine construction activities within the limits of the public right-of-way, public easements or designated City owned utility right-of-way easements, or designated construction or staging areas. Contractor shall not disturb existing natural vegetation more than is required for construction. Vacant lots and/or undeveloped land shall not be available for Contractor use during the course of construction, unless permission is obtained from the property owner. The contract limits are the limits of grading unless shown otherwise. The limits of clearing and grubbing are confined to the limits of grading and to specific limited locations where removals are noted on the plans or directed by the Engineer. The Contractor is required to protect all vegetation. Unless specifically designated for removal, all trees and other improvements in or adjacent to the project shall not be touched, trimmed or injured. All restoration outside the limits of the construction areas shall be at the Contractor’s expense. SP-13 STAGING AREA The staging area for this project shall be identified by the Contractor. The Contractor may use the existing right-of-way as a staging area provided the stored materials and/or equipment does not interfere with traffic or limit sight distance and does not block access to any intersecting roadways or driveways. Contractor shall notify adjacent private property owners of any disruption in access to private property. If additional area is needed, the Contractor is responsible for securing the property. Any agreements made between Contractor and adjacent property owners shall be in writing executed by the property owner and an executed copy shall be filed with the Owner and the Engineer, prior to Contractor occupancy of land. SP-14 CONSTRUCTION ACCESS The Contractor may access the project site via adjacent arterial or collector streets. Construction traffic on local streets shall be limited to the minimum amount required to complete the work in those areas. In order to leave the site in its original condition, the Contractor shall repair any damage caused by construction activities to concrete, asphalt, landscaping or other existing site features and shall broom clean areas of adjacent roadways. Any damage to existing surfaces or landscaping will be repaired at the Contractor’s expense. SP-15 PRESERVATION AND REPAIR BY CONTRACTOR The Contractor shall be responsible for the preservation of existing paved and gravel street sections which are not to be disturbed by construction. The Contractor is hereby cautioned that any damage done in any paved or gravel service road, due to any construction or travel operations (hauling, storage, unloading, etc.), shall be repaired and/or replaced at Contractor’s expense, and to the satisfaction of the Owner. The P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 6 of 11 Contractor shall familiarize themselves with the existing sections in the area and consider self-imposed load restrictions conforming to those sections. All access roads shall be kept free and clear of all mud, gravel, debris, etc., during the project. There will be no additional payment to the Contractor for the cleaning and sweeping of all access roads. If the Contractor fails to keep access roadways clean and City crews are required to provide this service, the cost of this work will be deducted from the Contractor’s application for payment. Through installation of the improvements contemplated by the work, Contractor may encounter existing landscaping or other public or private improvements. Contractor shall repair any landscaping features including, but not limited to, sprinkler heads, irrigation piping, electrical wiring, valves and appurtenances, landscaping mulch, rock and other landscaping improvements. Contractor shall also repair to existing condition, any other improvements (public or private) to the satisfaction of the owner of the improvement if damaged during completion of the work. Repair of damaged items noted shall be incidental to all bid items and shall be at the Contractor’s expense. SP-16 CONTRACTOR'S SUPERINTENDENT The Contractor will be required to have a full-time resident General Superintendent on the project at all times while the work is in progress. The General Superintendent shall be knowledgeable and qualified to evaluate the quality of not only the general construction work but especially the systems and installations of subcontract work. The General Superintendent shall: • Aggressively evaluate on a day-to-day basis and be responsible for the quality and acceptability of all work. • Make the first determination as to the fitness and compliance of all work performed. • Be the initiator in regard to rejection of unfit work. • Not passively default or abdicate, in the first analysis, these duties to the Engineer or to the Owner. The General Superintendent shall be in a position to direct the work and make decisions either directly or through immediate contact with General Superintendent’s superior. Absence or incompetence of the General Superintendent shall be reason for the Owner to stop all work on the project. The General Superintendent or Contractor’s designated representative shall maintain, at the project site, a “Record Set of Drawings” showing field changes, as-built elevations, unusual conditions encountered during construction, manufacturer’s catalog number of equipment supplied, and other data as required to provide the Owner with an accurate “as-constructed” set of drawings. An approval by the Engineer shall not be given on the final payment request until complete record drawings are submitted to the Engineer. P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 7 of 11 SP-17 CONTRACTOR WORK HOURS The schedule for this project has been figured on the basis of the Contractor working five days a week (Monday through Friday, excluding legal holidays), ten (10) hours a day. Should the Contractor and/or Contractor’s subcontractor(s) desire to work more than five (5) days per week or more than ten (10) hours per day, then approval to do so must be obtained from the Engineer. If the additional work hours result in costs above and beyond the Engineer’s contract fees, the actual cost of the additional Engineer’s services will be the responsibility of the Contractor and will be deducted from the Contractor’s application for payment. These costs shall not be considered a part of the liquidated damages. Listed below is the applied rate schedule in the event the Engineer is due additional compensation. Hourly Fee Schedule Staff Personnel Services Expert Witness/Special Consultant = $ 290.00 Principal = $ 250.00 Senior Engineer = $ 200.00 Project Engineer = $ 160.00 Staff Engineer = $ 135.00 Engineer Intern = $ 90.00 Senior Land Planner = $ 195.00 Land Planner = $ 150.00 Landscape Architect = $ 150.00 Landscape Designer = $ 125.00 Senior Professional Land Surveyor = $ 185.00 Professional Land Surveyor = $ 155.00 Staff Surveyor = $ 138.00 Field Survey Technician = $ 88.00 Marketing Director = $ 195.00 Graphic Artist = $ 120.00 Senior Designer = $ 145.00 Designer = $ 120.00 CADD Technician = $ 105.00 Senior Construction Engineering Technician = $ 150.00 Construction Engineering Technician = $ 130.00 Construction Inspector = $ 90.00 Project Administrator = $ 105.00 No work shall be done between the hours of 7:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays, or legal holidays, without the written approval of the Owner. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the Owner’s approval. P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 8 of 11 SP-18 CONTRACTOR RESPONSIBILITIES The Contractor shall be responsible for obtaining all permits as required by local government agencies. The Contractor shall enforce strict discipline and good order among Contractor’s employees and other persons carrying out the Agreement. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the work. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Agreement. At completion of this work, the Contractor shall remove from and about the project waste materials, rubbish, tools, construction equipment, machinery and surplus materials. To the fullest extent of the Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer from and against all claims, costs, damages, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from performance of the work caused in whole or in part by negligent acts or omissions of the Contractor, subcontractor(s), anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The Contractor shall coordinate all phases of the work with Owner’s use of the facility to minimize or avoid conflict, protect all existing work adjacent to new construction, and repair any damage and leave premises in original condition, except where otherwise specified by the Engineer. Contractor agrees to attend or be represented at weekly team meetings during the term of the project to assure coordination with the other project participants if required. SP-19 TEMPORARY FACILITIES Water, power, heat, and toilet facilities are not available at the job site. The Contractor shall provide, at Contractor’s expense, temporary water, power, heat, and toilet facilities, as required. The Contractor shall design, construct, and maintain miscellaneous services and facilities as needed to accommodate performance of the work, including temporary stairs, ramps, ladders, staging, shoring, scaffolding, temporary partitions, waste chutes, sidewalk bridge/walkway, and similar items. SP-20 REMOVAL AND DISPOSAL OF EXISTING ASPHALT, CONCRETE, ETC. P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 9 of 11 Excess material of any kind generated by the work shall be hauled to an off-site location of the Contractor’s choice and be legally disposed of. The costs associated with hauling and disposing of excess material shall be incidental to the bid items specified for material removal and shall be at the Contractor’s expense. SP-21 DUST CONTROL The Contractor shall provide dust abatement for all roads and work areas and prevent dust from becoming an air quality concern or nuisance to adjacent properties. There will be no payment for dust control and shall be at the Contractor’s expense. SP-22 PRIVATE UTILITY COORDINATION The Contractor will need to coordinate operations with private utility service providers for the potholing, moving, crossing, support or reinstallation of services, poles, and mainlines and their appurtenances. It is anticipated that adjustments to existing utility boxes, guy wires, marker signs, etc. will be required to match finished grades. SP-23 UNDERGROUND UTILITY CROSSINGS The Contractor shall be responsible for checking with the owners of the underground utilities such as power, gas, and telecommunications companies, etc., as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate Contractor’s work with the agencies and to keep them informed of Contractor’s construction activities so that these vital installations are fully protected at all times. A Montana One-Call system (1-800-424-5555) has been established to facilitate requests for underground facility location information. The Contractor is cautioned that all utilities may not be on this system. Type 1 Bedding Material and Type A Trench Backfill shall be utilized to replace material under and around such municipal and private utility lines. Compaction above the bedding material and under the utility line crossing is critical and must be maintained. No separate measurement and payment shall be made for this item. All costs shall be considered an integral part of and be included in the price bid for items complete-in-place. The relocating, bracing, raising or supporting of facilities as required by this construction will be the responsibility of the Contractor. The Contractor shall schedule Contractor’s operations and establish such coordination with the respective owners as necessary so that any conflicts are avoided. P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 10 of 11 The Contractor shall have full agreement and understanding with the affected utility companies on what the existing conditions are and what will be necessary to be changed for the Contractor’s construction. The Contractor will obtain any permits, agreements, or insurance required. No separate measurement and payment shall be made for this item, unless specifically noted. All costs shall be considered an integral part of and be included in the price bid for pipe complete-in-place. SP-24 SIGNS, SIGN POSTS AND UTILITY POLES All existing signs, sign posts and utility poles determined to be in the path of the work zone shall be temporarily removed and later replaced in their previous location. The conditions of MPWSS Section 02114 shall apply to this section with the exception that there shall be no separate measurement and payment for this item, except where specifically called out on the plans. SP-25 SECURING WORK AREAS AND PEDESTRIAN TRAFFIC The Contractor is reminded of the importance of securing all work areas during and after construction work hours to prevent pedestrian and bicycle access. Costs associated shall be included in related bid items. SP-26 MATERIALS TESTING AND CONTROL All testing completed on the Project shall be in accordance with the City of Bozeman Design and Construction Standards Policy (2024) and the MPWSS, Seventh Edition, April 2021 with the City of Bozeman standards and specifications taking precedence. A. As applicable to the work being performed, the following material and control tests may be made by the Engineer to determine the compliance with the specifications: 1. Core sampling for bituminous pavement in the public right-of-way. Four core samples shall be required for every 1000 tons of mixture placed, with a minimum of three samples for projects that use less than 1000 tons. Testing laboratories shall meet the requirements of ASTM D3666. Core holes shall be patched with hot plant mix asphalt. 2. Portland cement concrete tests shall be required for every 50 cubic yards with a minimum of one set of tests per project. The concrete shall be sampled, specimens made, and compliance determined in accordance with the following: Sampling Fresh Concrete – ASTM C-172 Slump – ASTM C-143 or AASHTO T119 Air Content – ASTM C-231, C-173, C-138, or AASHTO T152 Compressive Strength – ASTM-C39 or AASHTO T22 Making and Curing Test Specimens in the Field – ASTM C-31or AASHTO T23 P:06020_11_Block 104 Offsite Improvements_SP SPECIAL PROVISIONS (12/05/25) als Page 11 of 11 3. Concrete cylinder and beam test. The periodic tests made by the Engineer, of the Contractor’s production may serve as the basis for rejecting stockpiles as unacceptable. The above tests shall be made with no cost to the Contractor, except as provided herein for test failure. Should any of these tests fail, the Contractor shall then be responsible for the cost of the failing test. The costs of the failing tests shall be deducted from the Contractor’s application for payment. C. The costs of the following tests shall be paid for by the Contractor: 1. Any additional tests the Contractor requires to control Contractor’s crushing, screening or other construction operations. 2. Asphalt cement pavement and Portland cement concrete mix designs. 3. Test failure, as provided above. 4. Any additional tests required to verify acceptable quality of supplied materials. This shall include, but not be limited to, a three-edge bearing test. D. Acceptance and rejection of materials will generally be determined from tests made of the various courses complete and in-place in the field. While the Engineer may, during course of construction, make tests at the source or point of production; it is the responsibility of the Contractor to conduct, control and test Contractor’s production operations in such a manner that the materials produced will meet the specification requirements. SP-27 SPECIAL FUEL USER’S PERMIT REQUIREMENT Senate Bill 116, passed by the 2013 Montana Legislature, eliminates the requirement to obtain a Special Fuel User Permit. This bill became law upon the signature of the Governor on April 12, 2013. Rescind subsections 102.18 and 103.07(D). The requirement of Subsection 108.01.2 that subcontractors obtain a Special Fuel User Permit is also rescinded. All other requirements of that Subsection still apply. SP-28 SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the City of Bozeman. Should the City choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the engineer. Any costs for the above referenced work shall be at the contractor’s expense. END OF SECTION P:06020.11_Block 104 Offsite Improvements_EL ELECTRICAL SPECIAL PROVISIONS (12/09/25) als Page 1 of 1 ELECTRICAL SPECIAL PROVISIONS E-SP-1 GENERAL All work associated with the street lighting, shall be performed in accordance with applicable sections of the “City of Bozeman Standard Specifications for Lighting Materials and Installation” 2020 Edition. The following special provision items are included to supplement and or amend the specifications and special provisions to clarify items specific to the contract. These provisions are part of the overall specifications and, as such, shall be regarded in a like manner during the bidding process and during the construction phase. The special provision items shall govern during the construction phase and shall supersede items of like nature in the specifications. EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: __________________ Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested] 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 [Indicate total Work, alternates, or sections of Work awarded.] The Contract Price of your Contract is Dollars ($ ). [Insert appropriate data if unit prices are used. Change language for cost-plus contracts.] copies 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 [15] 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), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 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 ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice to Proceed Date: _________________ Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] 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]. Owner Given by: Authorized Signature Title Date Copy to Engineer Contractor's Application for Payment No.Application Period: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).........................................................................................................$8. AMOUNT DUE THIS APPLICATION....................................................................................................................................$9. BALANCE TO FINISH, PLUS RETAINAGE (Column G on Progress Estimate + Line 5 above).....................................................................................................$Contractor's Certification Payment of: $ is recommended by: Payment of: $ is approved by:By:Date: Approved by:(Date)(Line 8 or other - attach explanation of the other amount)(Engineer)(Owner)Endorsed by the Construction Specifications Institute.(Line 8 or other - attach explanation of the other amount)(Date)Funding Agency (if applicable) (Date)NumberDeductionsApplication For PaymentChange Order SummaryAdditionsNET CHANGE BYApproved Change OrdersTOTALSCHANGE ORDERSThe 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.EJCDC C-620 Contractor's Application for Payment© 2007 National Society of Professional Engineers for EJCDC. All rights reserved.Page 1 of 4 Progress EstimateFor (contract):Application Number:Application Period:Application Date:ItemC D Materials Presently Total Completed Balance to FinishThis Period Stored (not in C or D) and Stored to Date(B - F)(C + D + E)Contractor's ApplicationTotals% (F) BAGESpecification Section No.DescriptionScheduled ValueFrom Previous Application (C+D)Work CompletedBFEJCDC C-620 Contractor's Application for Payment© 2007 National Society of Professional Engineers for EJCDC. All rights reserved.Page 2 of 4 Progress Estimate Contractor's ApplicationFor (contract):Application Number:Application Period:Application Date:Balance to Finish(B - F)TotalsTotal Completed and Stored to Date (D + E)% (F) BValueMaterials Presently Stored (not in C)Bid Item No. DescriptionE FItemBid Quantity Unit Price Bid ValueEstimated Quantity InstalledAB C DEJCDC C-620 Contractor's Application for Payment© 2007 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:ABGMaterials Remainingin Storage ($)(D + E - F)TotalsStored this Month Incorporated in WorkDate (Month/Year)Amount ($)Amount ($)SubtotalDate (Month/Year)Amount ($)Invoice No.Shop Drawing Transmittal No.Materials DescriptionStored PreviouslyCD E FEJCDC C-620 Contractor's Application for Payment© 2007 National Society of Professional Engineers for EJCDC. All rights reserved.Page 4 of 4 CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230  Bozeman, MT 59771-1230 (406) 582-2334 WARRANT # _________ PAY TO: DATE PAID:__________________________________ WARRANT TOTAL $ _________ VENDOR # _________ DATE INVOICE # FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMNT $ TOTAL $ CERTIFICATION THATGOODS OR SERVICES HAVE BEEN RECEIVED: 1._______________________________ 2. ____________________________ DEPARTMENT HEAD OF DESIGNEE APPROVAL: ________________FINANCE DEPARTMENT REVIEW: _________________ I, the undersigned, do solemnly swear, that I am of . OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: _________________ Phone SS# or Tax ID # Business License # . THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is 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: Nonagreement 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 Recommended for Approval by Engineer: Date Authorized for Owner by: Date Received for Contractor by: Date Received by Funding Agency (if applicable): Date: 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. EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: All Work under the Contract Documents: The following specified portions of the Work: 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] [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: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 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